We request that this statement be incorporated as part of the official 2003 Annual Meeting minutes.
Property owners are being asked to vote for the third time on Master CC&Rs. This verifies what we have been saying to the board since the first vote, and the board continues to deny. The CC&Rs did not pass because the voting was not done properly.
We also continue to say, and the board denies, that the Articles of Amendment voted on in 2002 did not pass because the voting was not done properly. Therefore proxy votes and voting on board members for staggered terms is not allowed.
We have tried to show the board the facts to substantiate
our claims, but they have repeatedly told us to get a lawyer and pursue the
matter that way. It is inappropriate for
the board to continue as if all is well, when in fact it is not. They are only compounding the errors they are
making. The board’s unwilling attitude
has forced us to rectify the current situation through the judicial system, in
order to protect our rights and the integrity of the
At this time we are informing the members who are present that as of May 22, 2003 a Petition for Declaratory Judgment, Complaint for Injunction and Damages along with Exhibits A-H case number CV-03-00722 was recorded in the Bonner County District Court and served upon Larry Cunningham on May 24, 2003 the registered agent for SPOA Inc. also known as LSSPOA Inc.
A copy of this petition is on our website www.sandpoint.net/rd/sanssouci. In this petition we refer to the CC&Rs, Articles, name change, dues, attorney fees, the planned unit development, and a quiet title. It is very clear in the lawsuit what we want, and what we want clarified by the court.
For those who saw the article in
In closing we ask the property owners to vote no on the Master CC&Rs. We are hoping with your no vote it sends a message to the board to stop right here and before going any further go back and make sure everything has been done properly and legally. Thank you.
Larry and