March 12, 2012: Open Letter to the MCA Board of Governors
The Board’s actions are detrimental to the interests of the
Association and the Members
1) Every board member present at the February meeting acted with malfeasance, putting the organization at risk.
All board members present at the February MCA meeting threatened to sue me if I published the articles, bylaws and deed restrictions on the internet. The MCA is in no financial position to file a frivolous lawsuits that it can NOT win as I never signed a confidentiality agreement with the MCA and in my research to date I have not found any confidentiality clause in the articles and bylaws.
I have now published the 1970 articles, 2006 bylaws and Unit 7 restrictions with my MCA FAQ and commentary at http://HighDesertDirt.com/mca-meadview-civic-association-faq/.
Please advise of any INCORRECT statements by email to christine@HighDesertDirt.com
Should you decide to sue me, please don’t waste MCA funds on serving me as I will WAIVE SERVICE and I will accept the summons and complaint by email.
2) The board members present at the February meeting refused to provide me with access to the corporate records.
As a non profit corporation, the MCA is legally required to provide full access to the corporate records at no charge.
I was denied reviewing the records prior to and after the February MCA meeting.
Attached are Exhibit A, my 2/13/12 email to Thomas O’Keeffe and Exhibit B, my 2/15/12 fax addressed to all MCA board members. I received no reply whatsoever.
Please immediately provide me with access to ALL MCA records.
Due to the board members’ misconduct, removal of the board members pursuant to Article III, Section 19 of the Bylaws may be proposed.
I hope this won’t be necessary.
3) The MCA deed restrictions LOWER the members’ property values.
Non MCA properties are more valuable than identical MCA properties with the many absurd restrictions such as limiting use to residential use, prohibiting wells and chickens and other bizarre restrictions.
4) The MCA is the most hated organization (hated even by its MEMBERS) I have ever encountered and it deeply divides the community.
Some members feel that they have been harassed as part of the MCA’s enforcement of deed restrictions. Non member residents have not been allowed to attend activities at the MCA because they were not members. Notably, most members do not object to the dues, but they oppose the restrictions and subsequent lower property values.
Specifically, I was informed at the February meeting that only members could attend Gardening Club meetings held at the MCA and this is NOT acceptable to our club. The primary purpose of the Gardening Club is to assist residents with growing healthy organic non GMO food and to help low income members with garden construction, providing free seeds, etc. It is unacceptable that the MCA limits attendance to members.
Currently a small clique of MCA members reaps the benefits of the facilities while most dues paying members never use the facilities and they get nothing but lowered property values.
I propose that the members vote to decide the future of the MCA either at the annual meeting or at a subsequent special meeting.
1) The MCA removes all deed restrictions – bringing MCA property values back up to comparable non MCA property values.
2) MCA activities are open to the GENERAL PUBLIC if the organizer of the activity so desires. However, to use the pool and other facilities outside organized activities, membership is required.
3) Anyone can join the MCA for $50/year without putting their property in the MCA (increasing revenue).
4) Members who choose to put their property in the MCA and commit to future dues payment pay the lower $35 membership fee.
5) The ridiculous $25 late fee is reduced to $5 the first year (20% interest) and NO collection efforts are made. Delinquent members lose the right to use the facilities and the delinquent dues and fees are eventually collected when the property is sold or refinanced.
6) The MCA acquires property along Pierce Ferry in Lake Mead City to provide facilities and services to the many members who rarely or never get to Meadview.
Some badly needed services:
a) Secure mail boxes and package storage for a fee as residents who receive their mail on the route are subjected to mail theft and last I heard, they have to pick up packages in Kingman for a fee.
b) A place for members to meet, possibly with a community garden, for swap meets, etc., creating revenue from table fees, sale of beverages, vendor fees, etc.
c) Provide a monitoring service for elderly / ill residents who would like to have someone check on them if they don’t call in once a day and a person to take calls regarding alarms at homes or garages for a small fee. More info is at http://highdesertdirt.com/blog/2011/12/02/neighborhood-watch/
d) Non members’ ability to rent the facilities for a fee to provide more activities than currently offered by volunteers.
I realize that the MCA does not have unlimited funds, but it’s about time the dues paying members outside Meadview receive some benefits and the MCA should offer more services to all its members.
Essentially, I would like the MCA to become a membership COMMUNITY organization so that Meadview will become a more desirable place to live.
The MCA members may vote to make no changes or to dissolve the MCA with the assets conveyed to another non profit organization pursuant to Article VIII.
We, the dues paying MEMBERS have the right to decide how the MCA operates.
The current board is clearly NOT representing the interest of the majority of the members. I have spoken with many members who would vote to dissolve the MCA rather than continue to pay to have their property values lowered.
However, I would much rather see a democratically governed organization that benefits the community and improves the quality of life for all residents.
I will have additional comments once I have been able to review the corporate records, financial statements, budget, minutes, lawsuits, etc.