Just when I thought I’d seen it all. The MCA board WASTED the money to pay to have me formally served with this letter, which is of course full of LIES as I have NEVER threatened anyone on the MCA board or any members. In fact, the opposite is true as president AJ Hyslop called in a FALSE report about me being “disruptive and disorderly.” Fortunately, I have absolute proof, the video recording:
Please watch this video and then let me know how I was disruptive and disorderly as president AJ Hyslop falsely stated in his 911 call and as they falsely claim in this bizarre letter.
Here you can see deputy Albright explain to the board that I have the right to video record:
Contrary to the MCA board’s claim, the meetings are NOT private and there is absolutely NOTHING wrong with having the entire Meadview community and the world watch the deplorable MCA board misconduct.
Not only has the MCA Board WASTED well over $100 on having the constable serve me despite my REPEATED requests to communicate with me by email, but apparently they incurred LEGAL FEES to attorney Richard L. Basinger.
I’ve heard that the meeting at Canyon’s End last Monday was more about members being very unhappy with the current board than about dissolving the MCA.
I would definitely prefer NOT dissolving the MCA and changing the articles and bylaws so that the entire community will benefit, but are there 6 people willing to serve on the board?
If so, how fast can this be accomplished?
The current board is wasting the MCA money on legal fees!
If it hadn’t been such a beautiful fall I would have filed the lawsuit against the MCA by now. But we are very busy and have to work as much as we can while it’s warm outside. I have considered filing a petition in Administrative Law Court as the MCA board members could respond to the court INSTEAD of hiring a lawyer and waste the MCA funds on legal fees.
I’m NOT looking forward to a long legal battle at all, I just want the MCA to comply with State law and to be a COMMUNITY organization.
Here is the MCA letter dated 10/30/12:
Dear Ms. Baker:
This letter is being transmitted to you based on a determination of the Meadview Civic Association (“MCA”), Board of Governors (“Board”) evidenced by a unanimous vote of the board, with a quorum present at a duly noticed, called and agendized Special Meeting held on October 30, 2012, commencing at about 10:45 AM.
This letter pertains to your continued disruption of the MCA Board meetings, whereat you have spoken and yelled when you had not been recognized to speak. You have at Board meetings continued to speak and yell about topics which were not part of the Agenda being considered, and refused to stop doing so when requested. At the Board meetings, you have threatened people, made derogatory and untrue statements about Board Members and others. You have caused MCA members to feel threatened, and caused them to prematurely leave Board meetings and/or not attend. It is the Board’s opinion that you are rude and disrespectful to both the Board and others at the meetings you have attended.
Most recently, at the Board meeting of Saturday, September 8, 2012, you have videotaped both the Board and people in attendance. While you may generally have a right to videotape or audiotape those open portions of the meetings, this does not provide you the right to disseminate the information to non-members of MCA. You have disregarded the fact that MCA is a PRIVATE PROPERTY OWNERS ASSOCIATION and not a PUBLIC ASSOCIATION. You have violated the expected privacy of those you videotaped by your posting of that meeting on YouTube, thus dispersing private MCA business being conducted to the general public. You had no such right and do not have any right to further videotape or audiotape the MCA Board meetings and post them on YouTube to make such business being conducted or attempting to be conducted public information for non-members of MCA. Should you violate this demand,
further action of MCA may include appropriate legal action, including a request for costs including attorney fees for such action.
You have not only caused disruptions which prevented the Board from conducting its agendized business, but have repeatedly refused to cease your disruptive conduct when repeatedly requested by the Board Chairman and others to do so. The MCA Board has determined it must take action to cause your disruptions, outbursts, and combative behavior to cease.
The MCA BY-LAWS, as Amended and Restated May 26,2012, Article II, Section 4, RIGHTS AND PRIVILEGES states:
A member shall have no vested right, interest, or privilege in, or to the assets, functions, affairs, or franchises of the Association, or any right, interest or privilege which is, of itself transferable or inheritable, or which continues after his membership ceases.
Use of the facilities is a privilege. not a right and may be temporarily or permanently suspended by the Board of Governors as provided in Article In. Section 14.
The MCA BY-LAWS, as Amended and Restated May 26, 2012, Article III Section 14. POWERS, states:
All powers of the Association except as otherwise provided in these By-Laws, shall be hereby vested in and shall be exercised by the Board of Governors.
Because of your continued disruptions, outbursts and combative behavior, the Board has determined that your PRIVILEGE to attend Board meetings and Membership meetings is now limited as follows:
1. You may only speak when recognized by the President or the one otherwise moderating a meeting.
2. You will be allowed to speak with regards to only an Agenda item and then at the designated time.
3. You will be limited on the amount of time you will be allowed to speak on any Agenda item as shall be determined by the President or other person moderating the meeting, or by the Board.
Should you again repeat any of the disruptive and interfering behavior at a Board Meeting, and refuse to stop such behavior, you will be requested to leave the meeting, and should you refuse, the Board will act to have you removed.
Should your disruptive and interfering behavior continue, your entry card may be de-activated for the purpose of limiting your reentry into the Board Meetings or other meetings of MCA, in the event you are removed.
Because you have been disruptive and threatening not only at the MCA Board Meetings, and also at the MCA office, with staff, any future contact with MCA is to be in WRITING to the address below.
Meadview Civic Association, Inc.
Post Office Box 217
Meadview, AZ 86444
The MCA Board is not pleased to have to transmit this letter, and to take these actions, but believes it has no other reasonable choice, based on the history of your behavior, and refusal to accommodate repeated requests and demands to cease.
MEADVIEV CIVIC ASSOCIATION
Board of Governors
AJ Hyslop, President
PRIORITY U.S. MAIL WITH CONFIRMATION:
3880 Stockton Hill Road
Kingman, AZ 86444
PRIORITY U.S. MAIL WITH CONFIRMATION;
26491 North Peach Lane
Meadview, AZ 86444
Meadview Civic Association, Inc.
Ray Beaton, First Vice President
Thomas O’Keeffe, Second Vice President
Karen Frush, Secretary
Aiko Graeber, Assistant Secretary
Pinkey Elliott, Treasurer
Richard L. Basinger, Esq.
Basinger Legal Services, PLC
441 Astor Avenue
Kingman, AZ 86409-3514
Here is the entire letter in pdf format: 10-30-12–MCA-legal-threats
As soon as it gets too cold to work outside I will file a lawsuit against the MCA UNLESS other members step up to the task of removing the current board.
I do NOT think that it’s a good idea to wait until the next general election in May because the current board is misusing the MCA funds and it will definitely take a lawsuit to hold the board members PERSONALLY responsible and to get a court order requiring that they reimburse the MCA.
It is quite likely that a judge would ORDER the entire board removed for MISCONDUCT and ILLEGAL ACTIONS (the late fees, not allowing me to vote, making false police reports about me, etc.) as I have many emails, recordings and two deputies to testify for me.
It does cost $256 to file a complaint in Superior Court and there are charges to serve them, unless they waive service.
I just did some research on Administrative Law Court and while it would be faster and much less formal, it costs MORE: $2,000 for a petition with multiple issues. And the hearings are in Phoenix, adding to the cost.
A while ago I started on a new site for the MCA as I really don’t want High Desert Dirt to be mostly about the MCA issues. So I’ll make an effort to upload all my correspondence with the MCA (mostly my email to the MCA as they rarely respond) and to finish the new site.
I’m so sick of the MCA board lies and misrepresentations!
Their 10/30/12 letter didn’t have a single example or any proof at all to support their obviously FALSE allegations. I will post my response to the MCA hopefully soon. It’s time to work outside!