My final attempt to settle with the MCA prior to filing a lawsuit

My letter to the MCA in response to Frank Eakins’ 6/24/13 letter to me, advising me that the MCA had deactivated my access card:

Frank Eakins, President and to all Board Members
Meadview Civic Association, Inc.
PO Box 217
Meadview, AZ 86444

July 8, 2013

Re: Final opportunity to settle out of court

Dear Mr. Eakins,

I received your letter dated 6/24/13 advising that you shut off my access card.  However, my correct address is:

3880 Stockton Hill 103-156
Kingman, AZ 86409

As you know, I do NOT receive mail at my residence and I therefore prefer to communicate by email to christ…@highdesertdirt.com.

A. Mr. Eakins, why do you believe that the MCA is a secret society like Skull & Bones or some other cult?

As I’m sure you know, the 1st Amendment gives me the right to discuss “MCA business” and to express my opinions about “MCA business.”

If I ever signed a confidentiality agreement with respect to “MCA business”, please provide it to me. Additionally, you are fully aware that STATE LAW specifically allows members to video tape and publish HOA board meetings.

B. Please provide a listing of “untrue” statements posted at my website.

In your letter you refer to “untrue” statements at my website and on youTube. On several occasions I have requested a listing of allegedly false statements, but to date I have received NOTHING. To my knowledge, all my publications are accurate or reflect my opinion, which I am entitled to.

C. FINAL opportunity for the MCA to settle our ongoing disputes.

After almost 1.5 years of being subjected to illegal MCA practices and being abused, slandered and defamed by MCA board members, I’ve had ENOUGH!

Option 1:

The MCA releases my lot and any lots I may acquire in the future from MCA membership. I will no longer be obligated to pay dues, my property will not be subject to MCA rules, restrictions and regulations and I will not attend board meetings or vote.

Option 2:

The MCA agrees to comply with the following requests:

1) The MCA will reactivate my access card and notify me of the activation via email by 7/11/13.

2) The MCA will provide me with a letter of apology, stating that

a. I was never disruptive or disorderly at any MCA board meeting and that MCA president AJ Hyslop made a false police report when he called the sheriff on 9/8/12 and reported me as “disruptive and disorderly” (the proof is in the video at http://www.youtube.com/watch?v=nVhSzQDbgds) and that I exercised my LEGAL RIGHT to video record the board meetings.

b. the MCA charged outrageous ILLEGAL late fees even AFTER I informed the board of the state law limiting late fees.

c. I have not published false statements about the MCA, its board members and employees and that the MCA has never identified any allegedly false statement.

d. the current board sincerely appreciates my video recording and publication of the previous board’s illegal activities, resulting in the resignations of the entire board.

After I approve of the MCA letter of apology, the MCA will publish it in the Meadview News for 4 consecutive editions on a full page, it will publish the letter in the next Monitor in its entirety along with a summary of events to be approved by all parties and it will post it on the MCA website (linked on the front page) for 20 years.

2) The MCA will remove Grant Veile from the board as he violated the MCA bylaws when he electioneered at the annual meeting just prior to the vote.

3) The MCA will provide to me the minutes of ALL non executive board and committee meetings and the dates and summaries of all executive meetings since January 2011.

4) The MCA will fully disclose every payment it ever made to former board member Thomas O’Keeffe, his wife Adrienne O’Keeffe and any company owned by the O’Keeffes and it will describe the services provided (invoices.)

Allegedly Mr. O’Keeffe provided and possibly continues to provide computer support/repairs and he set up and maintained the MCA website.

After Mr. O’Keeffe resigned from the board last year, the board announced at the next monthly meeting that the MCA would have to pay for the services he had provided free of charge.

The MCA board then lied about not knowing who the company was that submitted the only bid. According to the board, the job posting was NOT published at the MCA website, in the Meadview News or in the Kingman Miner, but it was posted ONLY at the MCA where few people saw it. The board subsequently accepted the only bid it received and denied knowing who owns the company that submitted the bid!

Word on the street is that Thomas O’Keeffe and / or his wife Adrienne O’Keeffe have received payments in the past and that they own the company that now provides these services. Allegedly, the checks are made out to Adrienne O’Keeffe.

I’m sick and tired of the rumors and it’s about time we get to the bottom of this once and for all.

5) The MCA will adopt the Robert’s Rule of Order.

6) The MCA will NOT require key cards for members to attend board meetings and to vote.

7) The MCA will post the minutes and video recordings (minutes have been falsified) of all non-executive board and committee meetings at its website so that the thousands of members who PAY for the MCA operations and facilities get to see how their money is spent and how their assets are managed.

8) The MCA will keep the membership informed by publishing issues discussed at board and committee meetings at its website and in the Monitor.

9) The MCA will post on its website the summaries of executive meetings.

10) The MCA will install a discussion forum at its website so that all members can discuss proposed rule changes, bylaws changes, etc.

11) The MCA will regularly check the email addresses it provides at its website and it will promptly respond to member inquiries.

12) The MCA will set up an email list for members to sign up for email notifications of upcoming board and committee meetings (including agendas), social events, new website content, new Monitors, etc.

13) The MCA will never again attempt to keep members from discussing “MCA business.”

Should we not be engaged in sincere settlement negotiations by July 22, 2013, I will:

1) file suit against the MCA and its current and former board members and I will seek injunctive relief such as court ordered COMPLIANCE with state law as well compliance with the MCA articles and bylaws or possibly dissolution of the MCA.

2) I will seek monetary damages for the abuse and emotional distress I suffered since February 2011 when the MCA declined my request for use of the facilities for the High Desert Gardening Club, for the MCA’s willful violations of state law, its refusal to allow me to vote, its refusal to abide by its own articles and bylaws and the defamatory and libelous statements made by the MCA, its board members and attorney about me.

3) I will collect signatures for the petition to vote to dissolve the MCA.

Please do NOT send me snail mail, but respond by fax or email if you wish to discuss a settlement.

Sincerely,

Christine Baker

c: posted at www.HighDesertDirt.com

My guess is that they’ll ignore me again and I’ll be filing the lawsuit in a few weeks.

Filed Under: MCA

2 Responses to My final attempt to settle with the MCA prior to filing a lawsuit

  1. Your way out of line and so are they.THE WHOLE TOWN HAS TO MUCH TIME ON ITS HANDS AND MAKES EVERY LITTLE THING INTO A BIG FIGHT.I have had a place there for 30 years and the board in the last ten years have made a lot of good changes.

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