Breaking The Law or Breaking Ethical Boundaries? You Decide.

BOARD MEMBERS OF HOA’s Have an Obligation to Place The Memberships Interests Above Their Own.

Was That Duty of Care Violated By David Krubinski? We present evidence, You Make The call

Duty of Care 1-6

When entering into contracts or agreements, Board of Directors shall exercise due diligence and care to protect the homeowners association.

Article II
Board of Directors shall not accept any commission, rebate, or profit in any way on expenditures or activities made for and in behalf of the homeowners association. When recommending services or products such as homeowner’s insurance, projects, maintenance or landscape contracts, Board of Directors shall disclose any financial benefits or fees that may be derived from such activities.

Duty of Care 2-1
Board of Directors shall not recommend or suggest to the homeowners association the use or services of another organization or business entity in which they have a direct interest without disclosing such interest at the time of the recommendation or suggestion.

Duty of Care 2-2
Board of Directors members shall disclose to the homeowners association if there is any financial benefit or fee the Board Member or its company or firm may receive as a direct result of having recommended services.

 WICR received a huge contract at Mesquite CC for decking using Mer-Kote products. After they were done Mer-Kote Products issued a “10 year warranty”.  That warranty was signed by David Krubinski on 3-22-01.

Between 6-20-1997 and 6-20-2002, Krubinski is listed as a partner at WICR with Fred Wanke. From what evidence we have even after that, Krubinski remained a secret partner.

wicr fbn filing

David Krubinski bought a unit at Mesquite.

David Krubinski  became a Board member and was the President of Mesquite Country Club.


In July of 2005, Krubinski, as President, signs a contract with his associate, Mark Marsch. Did he disclose any relationship or interests? Is this fraud or break any laws?

Due Diligence QC Contract read the whole contract here

In October 2006, Krubinski’s son Sean, on behalf of WICR, submits a bid for resealing the decks for 160k+. Krubinski doesn’t sign this one, apparently “recusing”  himself. Did Krubinski financially benefit from WICR’s contract? Well if he’s the owner of WICR he did and so did Krubinski’s friend and associate Mark Marsch, to the tune of $10,000 to inspect decks for WICR. Mark Marsch was a former owner if WICR. How can a former owner of a company be independent and unbiased?

Deck Reseal Contract Approval ENTIRE CONTRACT HERE

Mark Marsch, listed clearly as an owner of WICR
Mark Marsch, listed clearly as an owner of WICR
Clause gives Mark Marsch a $10,000 fee
Clause gives Mark Marsch a $10,000 fee

In March of 2007, Krubinski signs a contract on behalf of Mesquite with Paradigm Construction Consulting, owned by Frank Burton. The beneficiary of the work will be Mark Marsch again when he inspects a painters work. Did any disclosures take place about this arrangement? Mark Marsch is Krubinski’s associate at ICR-Services according to Marks LinkedIn Page.

mark marsch paradigm listingparadigm contract 2007 signed by dk

In March of 2007, Krubinski posts on the Mesquite online bulletin board about the need to keep the decks maintained and being under contract…which sounds a little self serving doesn’t it?

In October 2007, Krubinski appears to lie in an email to a person at mesquite when he says “my involvement with WICR was ten years ago…” Even if he wasn’t involved with WICR anymore, the fact is that it would have been only 5 years before…hence an untrue statement.

wicr fbn filing


All in all, this looks sleazy…readers what do you think?

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