Transcript
of Special Meeting
Speakers:
Larry Cunningham ----------- LC --- Property owner / moderator
Steve Zoet --------------------- SZ --- Property owner
Gail Weaver ------------------ GW -- Property owner / designated secretary
Jerry Littlemore -------------- JL ---- Property owner
John Galley--------------------- JG ---- Property owner
Russ Minnick ----------------- RM -- President, CDS Investments, Inc.
Art Evans ---------------------- AE --- Property owner
Joe Fenske --------------------- JF ---- Property owner
John O'shea -------------------- JO ---- Property owner
Eric Johnson ------------------- EJ ---- Property owner
Duane Van McKinley -------- DM -- Property owner
Charles Stone------------------ CS --- Property owner
Charles Thompson ----------- CT --- Property owner
Judy Evans -------------------- JE ---- Property owner
Mike Macklin ----------------- MM -- Property owner
Charles Blanchard ----------- CB --- Property owner
Fred Ghio ---------------------- FG --- Property owner
Charles Alford ---------------- CA --- Property owner
Unidentified voice ------------ UVM- Male
Unidentified voice ------------ UVF - Female
[
Larry Cunningham -- For those of ya- I think I know most of you- for those that I don't know of I'm Larry Cunningham- and and uh- as a uh- one of the last uh- board members that uh- that uh- was elected to the board here a coup- two or three years ago. I'm going to go ahead and open the meeting- uh- and uh- this is uh- those of you I think- most everybody here received the- the letter that went out identifying what this meeting- of- it's actually being assessed and called a special meeting. And uh- those of you that don't have- I'm just going to read- read though this real quickly- and and uh- you got any uh- and then we'll kind of move along- and I'll, I'll go through a little bit of the uh- little bit of the uh- the association- uh requirements to call a special meeting and then we can move on to- to uh- hopefully go ahead and- and vote for a board for the current association. Anyway the letter went on to says-
[Larry Cunningham reads from a letter sent to the property owners dated
"To update and improve this development a proposal has been made to
amend the restrictive covenants governing Lake Sans Souci
and create a master association of lot owners and subassociation
for each neighborhood. Therefore this is an official notice to inform you of a
special meeting for the Lakes for the Lake Sans Souci
Homeowners Association. The meeting will be held
Steve Zoet -- Are minutes being taken here, Larry?
LC -- Yeah. Uh- Gail- right there. Gail is taking the minutes. Yeah. Thanks for asking that.
LC -- Uh- what I want to do first
before uh- before we get any- any- too far into this thing- uh those of us that have been around for
awhile- or those of you that are- that are familiar with our actual
association documents that were recorded some-
back in uh 1979- I just want to read.
And and what we're-
what we're actually, right now doing is-
is best we can acting- uh as a uh association in calling a special meeting- and-
and we're calling it under the rule-
the guise of our- our Lake Sans Souci Association. Under-
under page 5 paragraph 2 it, it says, "Special Meetings. A special meeting
of the members for any purpose or purposes may be called by the president, by
the secretary, by the board of directors, by Class B member, or Class A member
who absent any objection would collectively be entitled to cast not less than
20 percent of the total Class A membership voting interest then outstanding.
Gail Weaver -- Larry?
LC -- Yes.
Jerry Littlemore -- Who is- who is the secretary that sent out the uh- notices?
LC -- Who is the what?
JL -- Who is the secretary that sent out the notices? The notice that says the secretary will send out the notices- who is that?
LC -- On the letter?
JL -- Yours says that the secretary will send out the notices no more than- no fewer than 10 days no more than 35. Who was the secretary- that sent those out? The secretary of the association.
LC -- Uh the secretary was uh Susan Stewart.
JL -- She sent them out?
LC -- No. She did not. She actually wrote me a letter withdraw- uh resigning that I've got dated May 16th.
JL -- So who did send them?
LC -- Uh they were actually sent out under uh Harold Pinkham and my signature as board members since we didn't have an active secretary.
JL -- No secretary. Like it states it will be the secretary that sends them out. The secretary did not send them out?
LC -- No. She's resigned.
JL -- Thank you.
LC -- Pardon me?
RD -- Do we have a current president?
LC -- No. He's resigned also.
RD -- Don't you need- a uh- a board to decide "Yes" we will have a special meeting, and "Yes" the secretary will send it out? How could this all come together without a president and a current secretary?
LC -- Well, then I guess- all we're we're trying to do is based on what the- I just got through reading. And I- you know- it says by the board of directors. It didn't say- uh- the uh- the complete board of directors. It could be- the board of directors I'm assuming could be a partial board of directors. We're going on the basis that it didn't specific specifically say it has to be by all board of directors. But anyway- we're sa- yeah- question?
RD -- Well, who are the board of directors?
LC -- Well, right now actually as of the last election we had, I am one of the board members. Uh Harold Pinkham was a board member. Uh Keith Rusho was a board member. Uh let me give you that, I'll give you the whole list here. Uh Jim Ackerman was a board member- Dorothy Tompkins was a board member- Donna Brown was a board member- and Susan Stewart and uh- and Keith Garner.
RD -- Is that what you put down for the 2001 annual report form?
LC -- Yeah.
RD -- No it isn't. You've got some additional names. Can you tell us who you put down?
LC -- Who whose the names on there?
RD -- Well, you should have a copy of that or you should know who you put down. At least I have it.
LC -- Well, yeah, I- I- I- I- I signed and sent it in, but who's who else is on there?
RD -- OK. You have Keith Garner as President.
LC -- OK.
RD -- This was filed- This was filed not- September 27, '01 you wrote this out.
LC -- OK.
RD -- Susan Stewart was secretary; Larry Cunningham, director; Harold Pinkham, director; Keith Rusho, director; Donna Brown; Robert Ord, director; Tom Brown, director; Linda Brehm, director; James Ackerman. Now three of those names, Robert Ord, Tom Brown, Linda Brehm are not even on the 1999 form. They didn't-
LC -- There wasn't a '99 one filed.
RD -- Well, I'm talking about your 2001 you just what made-
LC -- We just sent it in. No that's the last one. Those- there's Ord, Brown and- and I've just said the president of, of- of the association at the time sent me the letter- he sent- sent uh, sent uh- copies to Pinkham, Ackerman and apparently they he didn't remember who was on the board either.
RD -- Now you-
LC -- I went back to the last minutes of record that I've got copies of and those are the board members at that time.
RD -- I've got the last minutes too and I can read them.
LC -- OK.
RD -- And I also have your '99 form and the 2001. You've added three new people and they were, they were on the form back in '98 and '97. Linda Brehm in your last '98 minutes resigned. And, you know I- I can read the minutes to you.
LC -- Well, if- if- if she resigned, then if she was still actively, she was a resigned board member but she was- .
RD -- Last time she was on was in '97.
LC -- Was she?
RD -- Yes.
LC -- Uh she, she was uh- she was at the same meeting I was at.
RD -- I- I guess I would like to know where are the board meeting- the minutes that you got these other names that allowed you to put them on this annual report form.
LC -- Well, I've, I've got the minutes uh- uh you say if you've got- you've got the minutes there. I can, I can, I can produce the minutes I got them from- but anyway, it doesn't make any difference really because Linda Brehm was on the board.
RD -- Yeah ninety-
LC -- Bob Ord was nominated by Garner. He was on the board by whatever. Anyway.
John Galley -- Larry, that's nominated, that's not elected.
LC -- Well, uh not elected.
JG -- You have to have an official meeting for an election.
LC -- Well, and that's- and you're right- we're not, we're not talking about the elec- I mean, we're just- I'm just trying to act on behalf of the last board that was around. And you know- if- if when we sent in that, when we sent in that statement- if, if one of those people were not on there, I was going by the last minutes of record that I had. Uh there was not one filed in '99. And I didn't have access to the '98 ones and I just went to the last set of minutes that were sent to me from Susan Stewart, our secretary, and that's, that's what I went by. If it was wrong, it was wrong. I can't- I could- I can't.
RD -- Well, why would you put Keith Garner on when you've admitted you got the resignation letter? Why would you put them on?
LC -- Cause he was as of the last meeting that we had- he was the last- the last- uh board- I guess the last time that this association was active he was on the board.
RD -- But when you filed this, this is a an updated record.
LC -- Right.
RD -- So you- you knowingly falsified. And you put a name that they resigned which allowed you to-
GW -- Oh, come on.
[background talk from audience]
RD -- It use to be administratively dissolved.
UVM -- Superfluous. Get a life.
RD -- And the only-
LC -- Pardon me. Pardon me.
RD -- It use to be administratively dissolved as of
LC -- How can you- no no- you can- if you want to go back- go back 20 years and check the records and see whose names on-
RD -- I have them.
LC -- - and see who is-
RD -- I have them.
LC -- You have all of them?
RD -- I do since you started-
LC -- Good.
RD -- - filing the annual report form. Anybody-
LC -- How long go? Since two thousand, back since '79?
RD -- I've got them here.
LC -- You've got them since '79?
RD -- Well, we're talking about-
LC -- You got- got them since '79?
RD -- You want me to take a look?
LC -- No, I'm just saying, did you check all the names on there and verify all the names?
RD -- I have everything filed with the Secretary of State.
LC -- You have, have- did you verify the names that were on there?
RD -- They are on the Secretary of State form.
LC -- Did you verify whether or not they were officers at that time?
RD -- How would you verify other than what you filed?
LC -- Then how can you verify who was on now and who wasn't?
RD -- I don't have prior board minute meetings but I do have the one for '98.
LC -- OK. OK.
RD -- And that would talk about what you put on here.
LC -- Well what we're trying to do, is actually, we're trying to establish the fact that there- I mean that- there was an association. It, it was active, an, an, inactive until about 1996 or '97. Uh we, a lot of us wanted to go ahead and, and either dissolve it because of where the thing was going. Garner went ahead and activated it- a uh- uh called the meeting. We all went to the meetings where a lot of us did. We voted. We tried to establish, get the thing off the ground and going. And we had about two years worth of meetings then all of a sudden the meetings stopped! We tried, several of us tried to call another meeting, couldn't get it. He put it off. We couldn't get the meeting called. So we are here now trying I guess maybe reestablish the fact that that association, even though the corporation might have gone awry and had gone beyond the the time period of, of renewal but it was reactivated. The association did not die. The association does not die just because of the fact that the, the corporation does no longer exist. The difference being- and I, and I'm sure you researched this- the difference being is the corporation is a shield. That's all it is. If we're, if we don't have a corporation then we, we're all in partners in this thing. We all have partner liability.
RD -- But the thing is our association was dissolved and the only reason-
LC -- It wasn't. No! No!
RD -- Administ-
LC -- The association never was dissolved.
RD -- Administrative.
LC -- You you're talking about the corporation.
RD -- Corporation was administratively dissolved. As long as it's dissolved our association can not run as a normal association-
LC -- What?
RD -- - back up and running.
LC -- What?
RD -- It's in the- right here.
LC -- It says it has to be a corporation.
RD -- When it is administratively dissolved by the Secretary of State-
LC -- No, no, the corporation-
RD -- - it cannot conduct business.
LC -- That does not make the association go away.
UVM -- [whispers] What is a corporation?
LC -- The corporation is just uh a vehicle to protect to provide a sh a uh- a uh- uh- uh- uh- a legal shield for the association members. That's all it is.
RD -- The association is Lake Sans Souci Property Owners Association. That got dissolved-
LC -- Inc.
RD -- - as of August 6th.
LC -- But that's a corporation.
RD -- Well.
LC -- The association is, is, is, still exists.
RD -- No.
LC -- Now if, if we corpora- Yes. There's two different en, there's two different things here.
RD -- You're not understanding what I am trying to say. The Secretary of State dissolved our Lake Sans Souci-
LC -- But we reactivated it.
RD -- Yes, but you didn't do it with proper information.
GW -- Well.
LC -- Maybe- all right- then you correct it for us. Refile it.
RD -- I think we need to call another meeting and do this all correctly so-
LC -- No, I don't think so because-
GW -- I don't think so.
LC -- First off we can appoint. The board can appoint anybody. And and right at this point in time- you know it's like- this is the last board we had, that's the last records we had. If it's incorrect then there's one or two people on there that are incorrect- that you know- I don't think that invalidates it.
RD -- I do.
LC -- Because if Linda Brehm resigned, then the board had the right to appoint somebody else. Maybe Bob Ord appointed for her. I don't know. Maybe Linda wasn't supposed to be on it. That was the last minutes I had.
RD -- OK. So if you got this in May 16th why didn't we have an annual meeting in June at that time to replace-
Russ Minnick -- I'd like to make a motion.
LC -- Yeah.
RM -- I'd like to make a motion that we understand and state that there is an issue as it relates to the incorporation and that possibly there are people on there that are not effectively board members. We acknowledge that fact and we move on.
UVM -- I second it.
LC -- All in favor say aye.
Audience -- Aye.
LC -- Opposed?
RD -- Can I see who-
LC -- Passed.
RD -- Can I see who our board members are present right now? Can they be up front or make themselves known here?
LC -- You're looking at him. And Dorothy, where's Dorothy?
Art Evans -- Two of them.
Joe Fenske -- Two board members out of how many? Nine?
LC -- Out of nine- right. OK. We're moving on now.
JF -- Is that enough to make a quorum to hold a meeting?
LC -- We're moving on. Yes.
RM -- There's- there's no need for board members at this meeting. It's a- it's a membership meeting.
RD -- Dorothy Tompkins- is that who she said her name was?
LC -- Yeah.
RD -- She's not even on our 2001 list.
RM -- We, we just moved to move on. We've acknowledged it.
RD -- You're the only one here.
RM -- Let's move on.
LC -- OK. I'm the only one here then.
RD -- So are you our president?
LC -- Nope. We're going to elect off- that's what we're going to do right now- as soon as we can move along. We're going to elect those officers then you can identify who you want and who you don't want.
RM -- No the board identifies that.
LC -- Board identify- well the officers- but we can elect the board members.
RM -- Correct, right. I'm sorry. Pass.
JF -- Larry, I'd like to go on record as objecting to this meeting.
LC -- OK.
JF -- I faxed you a letter. Did you receive that?
LC -- Yeah.
JF -- I'd like that letter to be introduced to the minutes if that's possible.
LC -- I uh-
JG -- Could it- Would it be read? Would you have it read so we the rest of us understand what that is?
LC -- OK.
JG -- What that issue is about? And would the gentleman identify himself?
JF -- My name is Joe Fenske. I have lot uh-
LC -- OK. Gonna read this into the minutes and I'll just give you a copy Gail. The uh fax October 14- uh- directed to uh myself as a board member, Harold Pinkham as a board member, Lake Sans Souci Property Owners Association- [Larry Cunningham reads the fax. Note: The actual letter is inserted here for accuracy.]
Faxed:
Larry Cunningham, Board Member Harold Pinkham, Board Member
Lake San Souci Property Owners Association
Re: Objection to October 15th Meeting of "Stoneridge Homeowners Association"
Ref: Letter dated
Dear Sirs:
We strongly object to this meeting if its agenda and/or intentions are to conduct any business regarding the interests of Lake San Souci Property Owners Association and its members.
We urge you as responsible board members to stop or redirect the agenda of this meeting for the following reasons:
The letter dated
The inclusion of two election ballots for the Neighborhood and Master Associations with the October 2 letter further confused matters. The letter states that members can vote five times with the number seven in parenthesis. The Lake San Souci Property Owners Association allows for nine (9) directors, not five or seven. Members were to return their ballots to Harold Pinkham care of the Stoneridge Master Association. The Lake/Forest and the Master Associations are not entities that are contained within the Lake San Souci Property Owners Association. It appears that the October 15 meeting is for another association, not Lake San Souci Property Owners Association.
The October 15 meeting date is not conducive for attendance. This meeting date is a hardship for anyone that is not a year-round resident. With 90% of the lots being unimproved, the majority of the Lake San Souci Property Owners Association is comprised of nonresidents. In the past the Lake San Souci Property Owners Association meetings were held on a Saturday to ensure the best attendance.
The letter stated to contact Larry Cunningham yet it did not disclose that Larry is now CDS real estate agent. This could be construed as a conflict of interest.
As board members, you have a responsibility and an obligation to represent all lot owners and to make sure all information is clear. That objective was not achieved with this letter.
In light of the numerous reasons stated above and the legal questions raised, the meeting of October 15 should be canceled or held as informational only.
Respectfully,
Joseph Fenske Michel Fenske
370 Stoneridge
Block 21,
(425) 338-9309 Message / Fax
cc: Steve Smith, Esquire
[end of Larry Cunningham reading fax from Fenske]
LC -- OK. Uh- any questions?
JG -- How about using the board up there and stating the purposes of why we are here. It's a little confusing to me.
LC -- It is. Matter of fact uh, I had to kind of go to review a few things myself. Um- I- I guess- and I'm probably not going to get this right yet. But what- what we have and those of you-
JG -- Hey. If you're not going to get it right, we're all wasting our time.
LC -- No, no, no. I'll get well I'll, I'll get somebody else to get it right if I can't get it right.
JG -- OK.
LC -- OK. Uh first of all we have an association.
JG -- Whose CC&Rs?
LC -- Uh Uh. Covenants, conditions-
JG -- OK.
LC -- - reports. The actual-
JG -- Restrictions.
LC -- - CC&Rs of record.
JG -- OK. Keep keep me up to speed.
LC -- Yeah. They, they were actually created. And through that they created the, the Lake Sans Souci Property Owners Association and then the property association was formed into a corporation to provide, provide us that shield. So what we're doing is we're actually taking the original documents of the uh CC&Rs, the Lake Sans Souci- uh- Property Owners Association, and we're actually, now we're, we're, we're taking and forming a new master assoc- or amending- let me just- we're amending that association to become a master association. We're amending those documents. And the master association then would actually- uh uh uh- the corporation. You want you want to go through this one time?
RD -- I'd rather you do it. You're the one in charge.
LC -- OK. The master association actually would be then replacing the Lake Sans Souci Property Owners Association. Under the- under the- under the guise the master association, they would also then become the- the uh- uh- the uh- they'd still be the- uh Stoneridge- uh ss- Property Assoc- In other words, we're, we're taking the original document, amending it to correct to- to form a new association is what we're doing. That- that really is what it comes down to. Then under that association it will give them the power to expand into subassociations.
JG -- Them?
LC -- Uh- the uh- basically the developer and uh- uh yeah, the project developer. It gives them the power to expand this development uh in to other subassociations. Well, we're just basically- the simplest way I can explain it- is we're taking the Lake Sans Souci Property Association doc and we're amending that document to create a master association. The corporation itself will still be there. We're- we're in other words if- we can later on if we want to modify that corporation, which everybody has told us that or told me, that, that- that the- uh the actual documents that we function by- we should probably go in and revi. Cause those documents, believe it or not right here in this room, every one of us, that, that is part of that association right now- and- and function under those covenants- actually we have- a- a- I mean there is there is a lot of liability that exist under those documents. And if we don't- but that's some- that's a- that's something we can do at a different time. Right now, basically all we're doing is we're taking the- the original Lake Sans Souci Property Owners Association CC&Rs, we're modifying or- or- or- or uh amending, amending those documents into a master association.
David Cassel -- Larry, can I make a comment?
LC -- Pardon me, Dave?
DC -- Can I make a comment? Uh the way I understand it every association has to have bylaws, rules-
LC -- Right.
DC -- - under which the association has to operate. Uh I've read the Articles of Incorporation of Lake Sans Souci Property Owners Association Inc., and the provisions in there include what are generally uh- considered uh- bylaws, or rules of operation of the of the association. For example, how the directors are elected and how the business of meetings are held and so forth. And by reinstating that corporation are you not now- don't ya- do you not feel obligated to abide by those existing Articles of Incorporation?
LC -- Right.
DC -- And furthermore the scope- the scope is is narrowly defined in those Articles of Incorporation to Units 1 and 2 of Lake Sans Souci.
LC -- Right.
DC -- So how could you modify the covenants to a broader scope and still be operating within those Articles of Incorporation that you just reinstated?
LC -- OK. Let me see if I- let me see if I can answer that the best I can- uh-
JF -- You can't.
RD -- You can't.
JG -- What do you suggest?
LC -- Yah. What do you suggest? Yah. Uh let me just try to do the best I can, Joe. Let me just do the best I can.
JF -- Well, I think-
LC -- I mean- I know you guys- I mean everybody here is an expert but me- OK? But let me just- let me just say this- as I understand, what we're doing initially right now, is we're trying to elect a new board. Under this, under this current associa- we're trying to elect a new board and- and then from that- and then with that, after we elect the board, then we- we- we vote on the associa- the- the master association.
UVM -- [background] I wonder who he is?
DC -- But my, my point is you, you- I don't see how legally you can do that, because it goes beyond the scope of the exist existing organization as defined by the Articles of Incorporation that you just reinstated.
UVM -- [whispers] Who's him?
DC -- I- I- it seems like you're in a bind. I mean I'm not for or against this thing. But I'm just seems- seems like you're in kind of a legal bind here. I don't know how you're going to get out of it.
GW -- Would you tell him identify? Is he the gentleman that-
LC -- Yeah, Dave uh. Who uh- Dave you want to tell them who you are?
DC -- Uh, my name is-
UVM -- She is taking the minutes.
DC -- Oh. My name is
GW --
DC -- C-A-S-S-E-L.
GW -- And your lot number?
DC -- Uh I'm not-
LC -- Former lot owner.
DC -- - a lot owner but uh I- I- I was owner of
GW -- Well, then I- I think only lot-
LC -- OK.
GW -- - property owners should be-
LC -- OK.
GW -- - able to speak.
RD -- He is here with me at my request.
John O'shea -- He is speaking superfluous.
LC -- OK, OK. Anyway uh-
DC -- Somebody- a lot owner- asked me to speak on their behalf.
LC -- Yeah.
JG -- Does? John Galley lot uh Block 1 Lot 15. Does the old association still exist?
LC -- Yeah.
JG -- OK. Did- did the refiling and all this-
LC -- Right.
JG -- - or does it still exist as it was in the last time we voted?
LC -- Right.
JG -- The last time we met?
LC -- Right.
LC -- As best as best I-
JG -- But nobody-
LC -- What?
JG -- - is on the board-
LC -- Pardon me?
JG -- But the board is [unintelligible]-
LC -- Actually- actually, if you go by the term of election- you know- and that's probably the one thing I didn't research. And I and back to your statement there, is I'm not sure how many of those board members were elect elected for uh what period of time. Uh and so there might of some of them actually may have expired and we may have all expired. But all I was going by by refiling is the last one of record. Uh and it's- you know- I don't know that- it's uh- there's a lot of the issues that that Joe raised in his letter. It, you know that um- uh I mean I guess- and I'll just- I I'll just touch on them briefly but like for example it says a majority of the board members that- that that- the Articles doesn't say majority Joe. It just says board members.
JF -- It says, I believe, a quorum.
LC -- No. It just says board members. It doesn't say, doesn't say a majority. Anyway and it- it's, the other thing is it- you know- and I'm just going to say this and I 'm just going to touch on it briefly. But- ya know- we have not had a functioning association. I don't care- I mean we can all sit around and we can debate this thing, and we can talk the legal technicalities, and we can get into a lot of things. This association really has never functioned. I mean it and that's-
JG -- Garner didn't want it to.
LC -- I know, Garner did- well we actually forced him into trying to do something to make it function- and it- and I was just as much a part of trying ta- ta get this thing going and get something because of the fact we had nothing at all. The problem is we all- we all- I own two lots- we all have liability to this current document right here right now. And if any owner in this room decides ta- ta- ta file suit against us for not functioning as an association and creating liability because we're letting this association just kinda go off into the wind some place- I think there's a chance that they can do that. And they can come back on us for "a" not forming that association, for not activating that association, for not having a a CC&R- I mean, I mean a- uh- uh- a uh- uh- a uh committee for uh uh-
Eric Johnson -- Architectural.
LC -- Thank you.
JG -- Architectural.
LC -- Architectural control committee. And those of you that- you know- I tried even to play that role a little bit too. I mean I- I mean Eric know. It's, it- and and Al or a Charles knows- I mean it, it's- I tried to play the role of of whatever I could play, to keep some kind of continuity here, but we are in violation of operating this association. And if we don't have something set up, somewhere along the line if all of a sudden the roads go to hell and somebody says well wait a minute- you know- where's the reserve to fix these roads? The association they're supposed to be assessing to maintain these roads. They're supposed to be taking care of some of this stuff and nothins been done.
JO -- Well, Larry we must have had a functioning association because I built my home, my home, under the the restrictions and guidelines and the covenants that were wrote by the association. So obviously we had an association.
LC -- We, and I- and I feel we have an association. I feel that we have a functioning, and, and you know- I guess it's it's something that can be sit here and talked about and debated and and carried on for a long time, but we're- what we're trying to do, is we're trying to get this thing back in- get it to be a functioning association, so that we can go forward. Now.
JL -- You want the
LC -- No. No.
JL -- We're not talking any-
JG -- The old ones.
JL -- - Lakes,
LC -- We're activating- we're activating the old one- and- and- actually a trying to elect mem a board members for it and the master association.
RD -- No. You can't do that.
LC -- Well- Well, they are going to vote on the master association actually going ahead and and replacing amending that document. In other words once- once we- [other background talk an be heard]
UVM -- Excuse me. Excuse me. [other background talk]
JG -- Larry that doesn't- It says create master. It doesn't say activate old.
LD -- That's what we said.
LC -- Well maybe I- maybe I- here again maybe I'm not saying this right. But we're actually creating or activating the association that's- that- well we actually don't even have to activate it. It is existing. It is in existence right now. We're trying to elect a board and then amend that document. That under the master association- that will carry forward and become the master association with the new documents that you guys received as the master association.
EJ -- It sounds Larry like you have to get this old one back on track to initiate the new ones. But if we get the old one going, then you can try and go into this master and suborganization. It what sounds like what you're saying. I don't know.
LC -- I think I-
EJ -- You know it sounds like that's where we're kind of goin.
LC -- That's supposedly- that's supposedly-
EJ -- And you made a statement, you made a statement, and I don't know if it's true or false- but that if if there is only a couple or three of you that are existing on the original board, and it, and it allows you to appoint people-
LC -- Right.
EJ -- - without an election, I think you said that.
LC -- Right.
EJ -- What are we arguing about?
LC -- I don't know.
EJ -- Appoint somebody.
LC -- Right. Yeah. I guess I could appoint- I could appoint the board and we could go from there.
EJ -- And then and then we'll cut this arguing out and move on.
LC -- Anybody want to appoint the board and- and uh- at this point in time? Uh, I guess right at this point.
JG -- You- you got to look at the bylaws and see what it allows.
EJ -- Well, you know.
LC -- It allows for appointment. It allows for appointment and- and uh- and uh- I mean- I can- I guess I can sit right here and and appoint the board. And it doesn't have to be even allowed.
JF -- But I- I have object to that simply because in the uh letter that went out that called this meeting, it was not stated in the agenda to do that.
LC -- Well.
JF -- So you're starting to go forward and you're changing the agenda.
LC -- Well, we're not changing the agenda.
JF -- So the folks that did not show up here tonight-
LC -- Pardon me?
JF -- - are not- The folks that did not make it here tonight are not privy to the change in this agenda.
LC -- Well, it's not a change in the agenda. We're actually going ahead and creating- we're voting on a master assoc- this association. If- I tell you right now- like I say- it's they're an an I- maybe I- at this point in time- you know maybe I ought to just- I guess all I got to say is- is the association- if we don't- if we don't get this thing back on track- we don't necessarily have to be a part of the master association. We could all just stay out of it and we could all go over here and end up havin somebody take one of us- me being one of them maybe or John or anybody else and suing every one of us in this room because we don't have an active association. And I'll tell you what, I may not win- I may win- I may whatever- but if this thing does what I guess I'm saying not an active but a non-functioning association. I have liabil, and I don't want that liability.
EJ -- Well not only that under- Larry under these last uh- I've lived here for you know amount of 3 years-
LC -- Right.
EJ -- - 3 years under under these people's uh association. Ya know. What's gonna happen say uh if somebody gets drunk and-
LC -- That's right.
EJ -- - and hits- hits one of the monuments out there in the road. Are you going to replace it?
RD -- We're not the owner of that.
EJ -- - fix it?
RD -- We're not the owner of the streets.
EJ -- So nothing's going to get done.
RD -- I'm not sure how-
EJ -- You're telling me nothing is going to get done.
RD -- I'm telling you we are not the owner of any common areas. So I'm not sure what you're talking about liability. You have to be legally deeded and the streets were never-
LC -- It's under- it's in our- it's in our documents that that-
RD -- Which documents?
LC -- - on- that's our- it's in that- in that- uh lot owners' association.
EJ -- Uh- I'd like to ask them all also is that- did you- did you- did your association-
LC -- What's our access then? If we don't have access, what is our access?
DC -- You don't.
RD -- I'm telling you- yeah.
LC -- Huh?
DC -- You don't.
LD -- I didn't read it.
DC -- You don't have access to your properties. Sorry.
LC -- Oh, oh wait.
RD -- In the Articles of Incorporation it says a common area is specifically deeded to you. Nothing has been specific specifically-
LC -- Well, do you think, that- Here again-
UVM -- Can I ask a question?
LC -- Yeah.
UVM -- I don't know anything I'm talking about here OK. I've not lived here for three years; I don't know anything about this place. What is your, what is your, your- what are you trying to accomplish? What are you personally trying to accomplish?
RD -- I'm saying everything we’re doing here is illegal and I want it done right.
UVM -- Are you against the whole development?
RD -- I want us to be a Lake Sans Souci operated association as the Articles Incorporation set it up for One and Two. The developer time period expired two years ago and because it expired two years ago we don't have to annex anybody and somebody doesn't have to tell us we are now bigger. We are who we are.
UVM -- So you're basically saying you don't like the development period.
RD -- I'm just saying we don't have to be a part of it. The Articles of Incorporation does not include that. That is a total different entity living right next door to us. We are our own-
EJ -- Do you live here?
RD -- I have a
EJ -- Do you live here?
RD -- No.
EJ -- OK, then quit saying live. You don't live here.
RD -- I have a lot here.
EJ -- But you are saying living here.
RD -- Well, I live here in the area.
UVM -- Are you planning on building a home here?
RD -- It doesn't matter, I'm telling you-
LC -- Are you planning on building here?
RD -- What, but what matters that-
UVM -- Do you plan on building here?
RD -- If I don't build here I am concerned about selling my lot and having it run under the Lake Sans Souci Association as the Articles said.
Duane Van McKinley -- Larry.
LC -- Yes.
DM -- Uh, can I go back a second and ask a question? On the original association that Garner was in charge of- which when we did have it- and when you were functioning for two years- did that association ever have deeded access to the common streets? Is that in in the bylaws? I haven't read those bylaws that closely. But is that part of the association, the streets are common streets. They, they belong to everybody here?
LC -- No the streets actually- under- the way it's the streets- as I understand the streets belong to the owner of of the development, the developer. They've never been- but there is some kind of- of- I don't know. Russ, do do you know that probably better than I do. Do you want to answer that question for me?
RM -- Sure. Uh currently as the deed reads uh- CC uh-
DM -- So actually you then or C CDS has a general liability policy-
RM -- Yes.
DM -- - to cover. OK. That that was my question that's what I was driving at. I'm a retired insurance executive so I was a little-
LC -- Yeah. OK. I guess then-
RD -- They they have to be deeded to us, not transferred, deeded.
RM -- Which which we would love to do.
RD -- They have to be specifically deeded to the association.
LC -- Well, first off- wha wha- I guess the question is- first off- why would they- you know the biggest argument we have with Garner is why would we pay if we don't own own own the roads. OK. The thing is the other side of the coin is, who is going to maintain the roads if they are deeded to us?
RM -- The biggest question in our mind is- we own em, but you get to drive on them, and you don't share in the expense.
LC -- That's right.
JG -- The, the gentleman is with?
RM -- Russ Minnick with CDS.
JG -- Oh, OK.
LC -- OK. Anyway I- I guess, you know, like I say, we could- we felt like that if we went back, called a meeting as a special meeting, went through the hoops, you know. I don't know whether, you know this is, I- I guess- it's always subject ta debate whether this is if- if we went through the right hoops or whatever, but the meeting was called. The proper notice was given. I think that- that ya know- the purpose of it was made ss basically made sense. Cause we're trying what we're basically what they're trying to do is they're they're taking the existing- uh- prah uh- cov- uh CC&Rs, property owners association and modify. They've already been modified two or three times before this. We're modifying them one more time. That association, even though the corporation may have- have expired temporarily and now been reinstated, that association did not go away. It just did not go away. So, I guess we're down to the point of saying at this point in time is it uh- we need to vote on a slate of board members and-
JG -- For the old association? So who is- so you're, you're saying that all the board members that uh were, uh elected I think in '97-
LC -- Seven.
JG -- - '97 are no longer- the- that board is-
LC -- Well I don't think any of them go for longer than two years. So we're probably not in- in uh- and so we're- so we're electing uh a slate of board members that actually said five. We modified it last time to seven at the last meeting. That was the reason that- that it said seven and-
RD -- The Articles say nine.
LC -- And- and if- if that's a big issue, we can go to nine. We can add on two more. I mean-
RD -- You're not adding on. You're going by what says the Articles. The Articles say nine unless you amend the Articles. So I don't understand why you're changing things. You don't have that right to do that. You got to go by the Articles. Anybody can get on the internet and call up the Articles. I did, and I can give you the web site and the file number and I think everybody needs to be reading that.
LC -- OK. OK. Then then if if that's an issue we'll vote for nine. I mean I don't know that's- I mean that- I mean that's the- It's a matter of interp- you know- I mean I-
GW -- Can't we move on?
LC -- Yes. I'm gon-
JL -- You're confusing two things. She's saying there are nine members of the Lake Sans Souci Property Association.
LC -- Right.
JL -- When you start talking five and seven you're talking about the new things that we'd like to start. You got to go back to the old ones which was nine.
LC -- The old ones said nine. The old ones says nine.
JL -- Right. Nine. Yes, that's, that's where it should stay right now- is nine.
LC -- That's right- that's right.
RD -- Thank you.
Charles Stone -- Larry.
LC -- Yes sir.
CS -- To facilitate this- if we are a meeting of the Lake Sans Souci Homeowners Association, number one, why can we not propose now and vote on the fact that we would like to amend the board member number from nine to seven which might be a little more easily workable? Or- to vote now on whether they would like to leave it at nine?
DC -- You don't have due notice.
CS -- At least we would- what?
DC -- You don't have due notice.
RD -- You can't do it.
DC -- To change the Articles of Incorporation you have to have due notice.
CS -- I'm not talking about incorporation. I'm talking about association- the homeowners association.
DC -- It's the same because you are incorporated.
RD -- It's the same.
CS -- What?
DC -- You have to abide by those rules.
JG -- Larry, what I see happening, and uh, I think we're going in a whole bunch of different directions, and if we make any particular move without making sure we're following the original Articles of Incorporation of the Lake San- of the old organization-
[in the background can hear]
RD -- You keep calling it old.
UVM -- Original.
RD -- That's what it is. [answering someone]
JG -- I think we're just- we're- we're uh making some big mistakes and it will all have to be recalled.
LD -- That's what I'm concerned about.
JG -- You know, I- I- I will read, I'll go back and read the darn thing, but we really need legal advice on it. And maybe, maybe the the new corporation can give us that legal advice-
RD -- No they can't. [in the background]
JG -- - so we truly know what it says.
RD -- No they can't.
JG -- Well.
LC -- Well, you don't know- I mean, I don't know that- if you- did you- I don't know what ss- law school you went to-
RM -- Ahem. We have a few people in here that don't believe I guess that we're members of this association but we do happen to be so. I mean we are actually you-
JG -- You are a very significant you. You've got the investment.
RM -- No. We, we all have the investment.
JG -- Well true, but ours isn't-
RM -- We, we own a larger share than most individual owners but we all have the same responsibilities.
JG -- But what do you agree what I am saying, if we make a seven people-
RM -- No, I- I- I don't agree, because no we would not- we can not- nor would we- say that there was representation from an attorney um that we paid for. The association would need to pay for it.
JG -- What I that's not what I am referring to.
RM -- I'm sorry.
JG -- I'm saying if we make the wrong moves here, and that we have failed to follow the Articles of Incorporation of the old association, we uh we can be held liable by anybody that chooses to uh-
RM -- So true it is, and I'm standing for you today, before you today, and let me just tell you this. I believe that every one of us are in violation right now. And have been since these have been organized. That is my entire point. There has never been a Lake Sans Souci's Properties Association bank account opened. There has never been a due dues paid. Ever. [end of side one of audio cassette tape and filled in via video taken] There has never been in my opinion a board that operated as stated in the CC&Rs and the bylaws. I'm- it's this simple for me. We can cross the T's we can dot the I's. We can do whatever you want to do. It's all fine with me. But unless uh homeowners association is up and operating based on those documents [start side two of audio cassette tape:] or any new documents that are amended by the end of this month, I am suing everybody in here. I'm not threatening. All I want is an operating association. That's all I want. I just want to be a member. Yes, I have 88 lots. But all I want to do is be a member of this association with you guys, counted for one vote for one vote. That is all I want today. If you'll at least get that far that would be wonderful. The only way to do that is to have a board. You do not have a board today. Every one of those peoples expired. So the the way you really look at it and the way you really respond to it is, OK let's start somewhere. And that's all we're trying to do. There are going to be several things that I can point out in there. I can give you a list of a hundred things that are in violation today. But we got to start somewhere, and all I'm asking is to be reasonable to take a step back and to start. That's all I'm asking-
LC -- Right.
RM -- - as a representative of CDS.
JG -- Mr. Minnick-
RM -- I don't want any more.
JG -- Are you talking about rea- you being a member and reestablishing the old association, getting it going, and then following the plans that you have?
RM -- I- I would like to do both to be frankly honest. I can see that that's not going to happen which is fine with me at this point. I- I would- I don't want to argue with anyone. I- I don't want ta- have anyone pay something unreasonably. We're all the same. We all should be treated the same. That's all I'm asking for. But I can no longer be a property owner here and not have that association functioning. It is way too much liability for me. It's that simple.
LD -- Russ, why did this- your statement here, why did that not get the um- oh what do I want to say?
RM -- What statement?
LD -- We had a meeting in September. We had a meeting in August.
RM -- What statement?
LD -- The statement that you want to get everything up and running as the old association.
RM -- It did. It did.
LD -- I don't remember you- I thought that the meeting I went to in September-
RM -- You know I- I- I don't know what- I don't know what meetings people attended to, but that was my representation, is we would like to form and have an operating association. We felt like the best way to do that and to structure this development and go forward was to amend the current CC&Rs, create a master association and have subassociations. In the last meeting that you attended the start of the meeting I asked everybody in attendance, "Do we want to move forward, or do we want to stop and just operate as the Lake Sans Souci Association." A majority of the people here voted to move forward. I was there, I don't know where everybody else was, but that's what the vote was. That's why we moved forward. I and I apologize if that got misstated but it was clear as a bell for me. And I understand that I'm the one statin and talkin. But it was! Everybody I- I mean we asked that question. We voted on it. Gail wrote down those minutes. I- I- really! We did take a poll to do that. We raised our hand and said yeah let's move forward or let's not. And we did have some dissenting votes. If I recall it was seven.
JG -- It, you understand where I'm coming from I'm-
RM -- I do!
JG -- Uh, I'm totally confused, and I don't deal in land issues when I'm confused. Uh so you've really stated a very good case now, that- that I- I see where we are, if we can move on, I find, find- that we- in fact I was the one that pushed to get Larry in as a board member against Garner and it was Garner. Garner- Garner didn't want that association.
RM -- Let me make it clear. I'm not Garner.
JG -- I understand that-
RM -- I'm gettin tired of gettin compared to Garner.
JG -- I you, right the way you speak, because he would sit over there and frown at all of us. Uh- so that's fine. Let's get it going but-
RM -- But that's your statement. That's not the statement of some- several of the people here.
JG -- No no. I understand. What I- speaking for myself I say fine. Let's reestablish the old station- old association. Make it work. Work under the bylaws of the old association till we can see what we have, and the board members on this new deal.
RM -- It- it- it- its- it- its there there's two options here for us. OK. It's either we move forward or we don't. Uh it's not we'll see later. I- da- I- I- I can't do-
JG -- OK.
RM -- - we'll see later. OK. So we we need to act like adults and we need to act smart. And you guys need to decide. And that's what I tried to get you to do in the last meeting. And I apologize that it was confusing for, for several people. But I really did try and I have tried in the- in the meetings that I have been herein to answer the questions the best way I possibly can. I apologize truly to you and to everybody else that it's confusing. I'm trying not to to be argumentative here. I'm just trying to do, and sell property.
JG -- So then you say, you don't want to work with the old association. You want to start with a-
RM -- I will not.
JG -- OK. But then- [Russ Minnick interrupts and they talk over each other.]
RM -- Those documents-
JG -- I thought you stated that just a little while ago.
RM -- No, I am a member of that association.
JG -- OK.
RM -- I own 88- 88 lots today.
JG -- OK.
RM -- And of those 88 lots I am a member of those documents right now. My point is, is those, those documents are not being followed by any of us.
JG -- Haven't been, I agree.
DC -- Well start now.
RM -- We all have liability. That's all I'm trying to do! If you don't want to amend them, don't amend them! OK. That's what I asked for last time. I- I thought that there was a very clear majority to move forward. I- you guys- you guys talk about it, do whatever you want to do. I- I'll be glad to answer any questions to voice concerns. I'll be glad to cast a vote all those kind of things. But as far as I am concerned it seems to me like there are several people who feel like that we're trying to do something that's either illegal. Um I would even go to as far as to say unethical. And we're not! So as far as we're concerned I'm backing out of the picture here, and I'll let you guys decide what you do going forward. Even though I have 88 votes and can cast those votes. You guys decide how you want to deal with it. I- I'll be OK. OK. We'll make do. I've already started the processes that I- that I need to start and I'm comfortable with those processes. But I feel like that as a member of the association all of us need to operate as a association. That's all I'm asking.
LC -- The question I guess I would ask at this point in time, maybe we ought to just kinda get this thing back on the table again. How many want to just go back, try to get this old association- kinda put ourselves over here in the corner by ourselves- be a- you know- uh uh- an outsider not part of the whole development, not participate? And how many would like to see us be a part of it and- and actually have- The problem we've always had-
JG -- Finish it. Finish what you were going to say.
LC -- OK. OK. Let me just say. The problem we've always had John is the fact that we've never had anybody ready, ready to step up to the plate to run an association, to collect the dues, to take care of all the legal parts of it. Now we have somebody. They're, they're trying to form an association. They'll actually- they'll take the time- they'll form- they'll form the committees. They'll put em in place, will set up the reserve so we have the money to take care of those things, and make sure that this project moves forward. Because like I say, how I mean- all of a sudden like- like Joe said in his letter, most of the lot owners down here right now are absentee owners. So the- the- the responsibility is going to dump on the rest of us that are here. Not the lot owners that don't live here, the homeowners that live here because the fact that this thing is going to- this thing is going to carry on and- and be a- be a potential burden for several of us. My question is I guess at this point in time, does anybody here want to vote again on whether we move forward or just reinstate the old association- an- and move forward with a master- the old association- and then the master association or just stay with the old association? Is there any input.
RD -- You said too much, I'm confused.
LC -- David.
GW -- I'm not.
CS -- I'm not.
LC -- David.
DC -- I'd like to go back with another superfluous comment, of course I'm not a lot owner but
just to to-
LC -- And David, I'm going to have to ask you not to David right now because I've had people voice an interest-
[
LC -- I know, but you're not a lot owner at this point in time and some of the owners have said not to so I'm going to have to ask you not to. Is there any comments from a lot owners? Do we have? Yes.
Charles Thompson -- I'm a lot owner. I live on my lot and I appreciate the new roads that are going in and I want to move forward.
LC -- Thank you. [applause]
UVM -- I second that.
LC -- All right, at this point in time we're gonna go ahead and move forward and I'm gonna to ask for a uh a vote on the election of those that-
RM -- Larry.
LC -- Yes.
RM -- Before we do that, we really need there's several people who haven't checked in. OK. And maybe that's by choice I don't know. But I think, I think that if you're going to vote on something we do have to have them check in and sign up there in in attendance.
LC -- Any of you that are here and have not checked in, signed in, please do so.
[pause while people were apparently signing in, with background talk]
LC -- Let's go on here. Uh.
RM -- Larry, I'd like to make a motion before we move on.
LC -- OK.
RM -- I- I truly don't think it's clear that there there is a majority, a clear majority that wants to uh move forward with a master association versus stay back with a, or- or to continue with the operation of Lake Sans Souci Property Homeowners Association. I- I think there was discussion. I think it was brought forth. I think there was some noise. But I really think there needs to be a serious count of what's going on. So people actually can acknowledge where they want to go. That's just my opinion and I'd like to make that motion.
UVMs -- Second. Second. Second.
LC -- Based on what the motion was just made that we move forward or we an- an form the master
association and- uh uh
and uh- and the uh- the Lakes and the and the
GW -- Do we need to vote per number of lots?
LC -- How many votes?
Judy Evans -- Only one lot vote per lot.
UVM -- One owner per lot.
AE -- One, one vote. [Larry Cunningham counts votes]
LC -- 1, 2,- 3. You have three lots Mike?
Mike Macklin -- Three lots.
LC -- Uh 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24. Those against, raise your hand please. Three.
SZ -- Five.
LC -- Five, six, seven, eight- passed. OK. We're going to move along. Uh those of you make sure you all have ballots. You have a ballot for the uh the Lake Sans Souci board of director ballots for the master association. Change that to seven under the master association instead of voting for five.
RM -- Sorry to interrupt again Larry. I would propose that we make that nine.
LC -- Make that nine then we won't have a question. OK. We'll make that nine. Vote for nine people. Oh yeah. Let me explain. Yeah OK. Let me explain. You do have the right to cumulative vote. OK. You don't have to nine- vote for nine people. You can make vote nine votes for one person. Or you can vote two per- you just have to indicate. You vote for Gail Weaver ya- and for nine votes you need to put nine- uh- she's the only one there and you got one lot and she gets nine votes. Jerry, if you vote for Gail and Jerry, you have to decide which one gets five and which one gets four. OK. That's a cumulative votes. OK. So in other words every lot owner has nine votes. You can vote for nine different candidates. Or you can vote all nine of them for one candidate or any any mixture thereof. You can go three, three, and three if you want to. However you want to do that. OK. That's the first election ballot.
CS --
LC -- Stoneridge, and we're changing that to nine.
EJ -- Does that mean we're going to have nine members?
CS -- Instead of the five and seven?
LC -- Yeah, instead of five, uh cross through that and make nine.
CS -- And in parentheses nine?
LC -- Yeah. And then write your
if uh your lot number. And if you know your lot and block and whether
you're you're on the
UVF -- So how many votes? Five?
UVM -- Too difficult for me.
LC -- You get five. Five, five, five votes per. You can vote again cumulative. Five for one person or one for five different people, or three for one and two for another however you want to do it. You can cumulate the votes. OK.
Charles Blanchard -- - vote for both of them now.
LC -- Pardon me?
CB -- I'm a
LC -- Right. You just vote on the
[can hear background talk]
LC -- Pardon me? Yeah. OK. When we're- everybody finish their ballots. What when we're done- what I'd like at this point in time- is I would like- like five volunteers to count ballots.
UVM -- Were you going to have nine people to volunteer?
UVM -- I'll volunteer.
LC -- Allan? Anybody? Fred?
Fred Ghio -- Yeah.
LC -- Fred- uh. Would you like to vote uh count the ballots Mrs. Decker?
RD -- I hope I've already said you are illegal what you're doing.
LC -- OK. OK. Uh Joice, would you like to count the ballots? OK three. Could I have two more? Brenda count ballots? Four. And uh Eric? Five. OK. If- if you'll turn your ballots in- matter of fact uh.
GW -- You're voting for everything now, right?
LC -- We're voting for everything now, right.
JE -- Do we vote for this motion thing?
LC -- Yes. Do all, do all three. And then turn the uh- if you'll turn the ballots uh right here to uh Allan. Allan. Fred.
UVM -- Ballots anybody?
JE -- So we have four ballots?
LC -- Brenda. We actual, we should have one, two, three ballots.
JE -- What are these?
LC -- You should only be either Lakes or
JE -- Oh, we have something for the masters or something.
AE -- This is for masters.
JE -- Masters and Lakes?
AE -- Lakes. And the one says for-
JE -- Masters, so.
UVM -- You just do one of these, but you do you guys do this one.
JE -- We've already done that.
LC -- - the master- make sure you vote two there's
two of these. One's for the Lakes or
AE -- What's the date? What's the date?
JE --
SZ -- Are we voting for board members of these associations?
LC -- Right. Right.
SZ -- Do they exist?
LC -- They- they will once the count is- is tallied for the- if the if the count is tallied for the approval of the uh Lake Sans Souci master association. This one right here. Once that happens then-
SZ -- Are we voting- are we voting- are we voting for board member or approve-
LC -- Subject to-
SZ -- - or approval of?
LC -- If this is approved- if this is approved- then the board members also will fall in line. That's what we're doing all- all of it- right right now. So this the- the master association is approved then the board members will also be approved. OK.
RM -- I- I think that on the green sheet of paper it's it's both the master and the Lake Sans Souci. So either way the board members are effectuated from there.
LC -- OK.
RM -- If the- if the master associate- it's exactly like Larry said. If the master association passes, then you have the other. Otherwise you don't have them. They're nonexistent.
LC -- That's right.
SZ -- I think I think- Rosanne- Rosanne's correct is you are in violation Larry.
LC -- Well- why?
SZ -- How can you vote on something that doesn't exist?
LC -- Well- we're- we're just doing it simultaneously. If this one's approved then this one kicks in. [in the background you can hear the following voice]
JE -- Something has to-
AE -- Huh?
JE -- Something has to start somewhere to exist..
RM -- It doesn't say anywhere in the Articles of Incorporation and CC&Rs, that you can't vote on something that's may go off there off drum [?]. It doesn't say it anywhere in there.
SZ -- Well I'm taking it- if you take it as a threat that you threaten to sue us if we don't-
RM -- Yes.
SZ -- - move forward.
RM -- No!
SZ -- And now you're pushing for a vote.
RM -- No! I- I- I'm not.
SZ -- Russ, you sat there and said it.
RM -- No, let me clarify.
SZ -- And then you came over and spoke to just this table that you would go ahead and sue us if we didn't move forward.
RM -- Let me clarify. Let me clarify to the whole group. I- I am not talking about moving forward. I- I will start legal action against all owners if we do not have a functioning association.
SZ -- And isn't that what supposedly this is all about the vote.
RM -- It has nothing to do with moving forward. It has to do with a functioning association.
SZ -- Isn't that what the vote is all about?
RM -- It's not what the vote is all about.
UVM -- Is anybody have any ballots that have not been turned in? Excuse me.
SZ -- I'm not done yet. Does that have anything uh?
RM -- If there is not a functioning association, let me be clear, then I will start legal action.
SZ -- And do these and does this voting present a functioning association?
RM -- It could yet as long as we get a Lake Sans Souci functioning association.
SZ -- And if we don't vote, you're going to go ahead and sue us?
RM -- Yeah, because we need a functioning association.
SZ -- And you don't think that's a-
RM -- No. It's- I'm telling you right up front that's not a threat. What I'm saying is if there is not a functioning association then I'm going to start legal action. Why, why would that be a threat?
SZ -- You as a private party?
RM -- No.
SZ -- CDS?
RM -- Yes. CDS Land LC will, yes we will start legal action.
SZ -- Bridge Partners is CDS?
UVM -- I have a couple more ballots yet.
RM -- Bridge Partners is CDS.
UVM -- Ballots right here.
RM -- So we will as an ownership group of, of the lots that we own start a lawsuit to get a homeowners association up and operating. That's all it is.
UVF -- There is no lights.
RM -- And I think that my my point in that is there are so many obscurities and there doesn't seem to be everyone agreeing, then what we feel like we need to do is to have someone say to us this is what you need to do to get it going. Because uh Rosanne brings up a good point, who who is the administrative board members?
SZ -- You bring up a good point too that if we don't, then you'll sue us?
RM -- I don't understand why that's a question? Why that's- it's not a threat.
UVM -- [unintelligible]
RM -- No! Yeah! It's what I got to do I- I don't have an option. I have liability just like you and I'm not going to live with that liability. I want an association that works.
RD -- What you're doing here though right now is illegal.
SZ -- Why can't we go by the rules?
RM -- That's great.
RD -- You're not going by the rules.
RM -- That's great. That's great. We'll, we'll make sure that a judge decides whether that's right or not Rosanne. I guess, I guess that's what I'm saying. I'm OK with that. I hope you are too.
RD -- Well, what you did today the judge will be in our favor.
RM -- I- I- I- I'm all for it.
RD -- OK.
RM -- I'm- I'm glad you're as confident as you are.
RD -- I am. I've done a lot of reading.
RM -- I'm glad you have.
[background talking]
RM -- What's that? No. Yes.
SZ -- Did you get all that Gail?
GW -- I'm trying. I've never written so fast in my life. Ah- ha- ha- ha [laughing].
[background talking]
GW -- Pardon?
UVM -- Did you vote- [unintelligible]
GW -- Yes but- but he clarified it that it was a functioning association.
UVM -- That's what he wants when it started.
GW -- Yes. He didn't say it was move forward. He was just saying-
UVM -- That's right.
GW -- - it was a functioning.
UVM -- And that's what we need.
GW -- That's right. Once we clarify that's what he stated.
UVM -- Yeah. It's a matter of, matter of just counting them up now and figuring out where we are.
RD -- How long ago did this stop? Oh, it's still going. OK stop it for right- [referring to the tape recorder]
LC -- Now that we got to take one other ballot coming yet. But on account I know everybody is kinda getting ready to roll here or whatever. Uh with regard to the election of the Lake Sans Souci board-
UVM -- Is this the master?
LC -- The mast- uh yes. Thank you. Master association- uh the nine members are Roger Sanders, Russ Minnick, Dan Stanger, Gail Weaver, Charles Thompson, Jerry Littlemore, Harold Pinkham, Dorothy Tompkins, and myself. Uh with regard to the ballot and consent mast- uh Stoneridge Master Association- 23 in favor- l against. Passed. With regard to the ballot Lake Sans Souci Unit 1 and Unit 2- 22 in favor.
GW -- Which one the Lakes or the
LC -- This is- oh what did I do? Well, I'm still waiting on the uh the uh other one. This is for the Lakes- 22 in favor- 1 against. And for the Forest-
RM -- Larry.
LC -- Yeah.
RM -- Somehow they've missed my ballot.
LC -- Oh, they did.
RM -- Yeah I voted- [laughter in the background]
UVM -- That was a no vote. Right, Russ?
LC -- Yeah.
[more laughter in the background]
LC -- I got the master. I got the Lakes but I don't have the
UVM -- We didn't add- we didn't add
his votes on the Lakes and the
LC -- Is there a reason? [more laughter in the background]
SZ -- Yeah. Somebody screwed up.
UVF -- Actually it's not fair. I did we [?] turn one in.
RM -- I- I did turn them all in. They were in that stack.
UVM -- We don't have any leftover do we?
EJ -- Were you in favor or were you against it? He can add you in.
UVM -- If you got to convince it. It will. [audio tape turned off briefly]
LC -- Dan Stanger, Roger Sanders, Russ Minnick-
LD -- That's for what again?
LC -- For the
UVF -- Larry, I don't know what you do with Fred's-
LC -- What?
GW -- So the other figures you gave me- [audio tape turned off during pause in meeting]
Charles Alford -- I'd like to make a motion we adjourn.
LC -- Mr. Alford makes a motion we adjourn. Is there a second?
All -- Yea.
UVM -- That doesn't require a second.
LC -- All in favor say aye.
All -- Aye.
LC – Let’s go home.
UVM -- See ya. [some background talk]
LC -- Night Fred.
------------------------------Meeting adjourned -----------------------------
Certificate of Transcription
The undersigned hereby certifies that she correctly and accurately
transcribed the above transcript from the recording of the Lake Sans Souci Property Owners Association special meeting which was
recorded on
Dated this 20th day of November, 2001.
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