11-26-2016, 05:59 AM
quote:_____________________________________________________________________________________________________
Originally posted by My 2 cents
The Aurthurs group website has some minutes of their meetings posted (very disorderly) and I found this section rather amusing:
Mark Willman: Noted that the community is stuck in a legal impasse with the Judge letting lawyers duke it out, which is in their interest to keep going, so we need to put a stop to the hemorrhage and work this out. Can we go back to the Judge? He presented his suggested Four Point Proposal to submit to the Judge:
1. OLCA needs to follow the bylaws. The Nov 15, 2016 meeting allowed proxies and that was against the bylaws, which states that only members present can vote, so there was a breach of contract and that
3
OLCA BOD MTG 8-16-16
election is invalid. Only members present should have been counted and although it could be argued to State law, OLCA bylaws specifically disallow that. A Judge who has interest in clearing the table of this mess might see this as a reasonable interpretation.
Hold a new election following bylaws and disallow proxy
Both sides agree that they will drop all lawsuits and everything to date will be paid by OLCA to settle the
entire matter and ultimately save the community more than continuing on will ultimately cost OLCA. The rogues have already used the $15,000 in the small legal fund and now they’re into the $90,000 special fund, while Dr. Barbara Arthurs has been paying for this defense of OLCA out of pocket. OLCA shuts this down and stops it now. Pays all. They’re taking it anyway. Judge will assess what are legal fair fees for the solicitors. Maybe we’ll come out with a shred of our $90,000 left and the rogues are now using it to for their legal defense.
Hire an independent arbitrator to run the election without any input beside a submitted summary of each candidate. No independent mailing or canvassing and only the arbitrator’s material is considered legal. From Comments it was decided to add that each side should also get a paragraph to describe them because it was noted that the rogues have been pre-poisoning the well of public perception by their having control of the legal website and the canvassing they do.
In summary, Mr. Willman stated that to come in as the party suggesting to clean it up and resolve this whole matter; otherwise, this could drag on for years and it has to stop. Pay the lawyers and get rid of them. Then we could go for receivership or whatever the community, as a whole, would like once it’s resolved. He will send his proposal to the Board for them to examine further. It’s a pitch to the judge on how to get rid of this. - Tabled to next meeting will discuss after they find out where they are in the legal process.
There were several points in this that amused me, but the part about "this could drag on for years" seems to be about right. 17 months so far, and trial date has now been set for 10-30-17. No, that's not a typo. Another year, and that's assuming no further delays.
HOT TIP: Buy Orville Redenbacher stock.