ARC Bylaws dated Nov. 2, 2009 read as follows: “Prior to initiation of a petition for a special membership meeting, the ARC members desiring the special meeting, shall request a meeting with the ARC Board of Directors to review and discuss the proposed petition.”
ARC Attorney letter to Rayburn Coawette dated Nov. 27, 2013 states as follows: “The board will meet with you on Dec. 9, 2013 at 11:00 a.m. in the main building. Please bring with you your proposed petition to call a special meeting.”
By authority of the foregoing I was led to believe that we ARC members had a right to request a special meeting to discuss a proposed petition for a special membership meeting, that was for the benefit of all ARC members.
About 9 a.m. Monday, Dec. 9, I began receiving phone complaints that there was no such meeting scheduled. Astonished, I immediately went to ARC and was denied a request to speak with the management. At about 10 a.m. I went back and found a large crowd of angry members and the police who appeared to be disbursing them. Someone told me the board wanted to see me alone in their little conference room, where they and their lawyer confronted me. I never had a proper chance to discuss my proposed petition which was intended to be heard by all ARC members.
The ARC CC&Rs state “It is the express intent of the ARC as the owner and operator of the ARC and its significant facilities and services, to operate such to meet the physical and social needs of older persons, consistent with the act.” Here I hold ARC is guilty of fraud and my proposed petition was to discuss eliminating this fraud from the CC&Rs, because it is not consistent with the HUD Act amendment effective 1999.
Some members told me I looked pale when exiting the meeting and wondered why. At the meeting I noticed the following strange events: Why was their attorney there? Laying on the table was a copy of the Dec. 6 Ahwatukee Foothills News article announcing this meeting. Obviously the board knew well in advance of the meeting and could have cancelled it or prepared to have it. The notice I received from the attorney said the meeting would be held in the main building, which led me to believe it would be in the main hall because my article was addressed to all ARC members. Why did the board hold this meeting in a little room and bar everyone? Why were we discussing other things instead of my proposed special meeting? Why were the police called?
Suddenly in my mind it all came together. I had been set up to be embarrassed. I walked out stunned and disgusted by the board’s hostile attitude against discussing the correction of the aforesaid fraud issue in the CC&Rs. I presume that is why my face appeared pale. I’m sorry for all the members that were disappointed. In my opinion it is hopeless to try and negotiate with the present board and get them to correct the fraud I believe exists in the CC&Rs.