A Plan To Move The Airpark Forward
WHERE TO GO FROM HERE
Tom Patzke’s letter to the board stated perfectly where we should go from here. Mr. Patzke wrote, “Standard private community operating practices are in order at LCAP, nothing less, nothing improvised and unproven!! Demand it.”
The Ferrin complaint actually offers a great opportunity to resolve our problems. The attorneys for both parties, Penny Koepke with Maxwell & Morgan and Chad Miesen at Carpenter & Hazelwood, are both experts in community law. Their knowledge and expertise is exactly what we need to craft a rewrite of Section 19 (assessments) of our CC&R’s to bring them in line with current standards and practices.
In order to “Demand It” I suggest you show your support for my board resolution titled “A Plan To Move The Airpark Forward” by signing this online petition. This resolution directs the Board to begin settlement talks. It gives specific directions and goals needed to fix our funding problems and resolve the Ferrin complaint. This common sense solution should be unanimously supported by the board. The entire text of the resolution is below:
CORPORATE RESOLUTION OF LA CHOLLA AIRPARK, INC
A PLAN TO MOVE THE AIRPARK FORWARD
We, the undersigned, being all the Directors of La Cholla Airpark, Inc., organized and existing under the laws of Arizona, and having its principal place of business at 1777 West Cessna Way,
Tucson, AZ 85755 (the “Corporation”), hereby certify that the following is a true and correct copy of a resolution duly adopted at a meeting of the Directors of the Corporation duly held and convened on _____________________, at which a quorum of the Board of Directors was present and voting throughout, and that such resolution has not been modified, rescinded or revoked, and is at present in full force and effect:
WHEREAS the Shareholders of La Cholla Airpark have been hamstrung by ineffective and outdated CC&R’s that have severely limited their ability to fund ongoing maintenance and repairs:
WHEREAS numerous ballots have failed to modify assessments amounts or change the Super Majority voting requirement:
WHEREAS shareholder Lonny Ferrin has filed a legal complaint in an effort to repair our roads and voting governance:
WHEREAS the board desires to align it’s CC&R’s with current accepted norms used in most common interest communities, bring our roads up to standard, and resolve the Ferrin complaint:
THEREFORE, it is resolved, that the Corporation shall:
- Executive Meeting - Schedule a Executive Session Board Meeting with attorneys Penny Koepke with Maxwell & Morgan and Chad Miesen with Carpenter & Hazelwood for the purpose of delivering this resolution and setting up a framework to carry out the instructions below.
- Attorney Instructions - Instruct Attorney Penny Koepke with Maxwell & Morgan to:
- Drop efforts to dismiss the Ferrin complaint.
- Schedule meetings with Chad Miesen, at Carpenter & Hazelwood, to rewrite Section 19 of the CC&R’s. This rewrite should use CC&R’s typical at other airparks and communities as a guide. This new Section 19 should:
- Address Mr. Ferrin’s concerns as stated in his complaint
- Create a mechanism for setting continuing assessments, that do not require Shareholder vote.
- Determine a one time assessment to bring the roads up to standard
- Implement a Reserve Funding mechanism
- Require professional management
2) Settlement Agreement - Once the Board, and attorneys from both parties have completed a settlement agreement, such agreement shall be presented to the shareholders, in Petition form, to be voted on.
3) Failure of Settlement Agreement Petition - If the settlement petition fails to receive a 2/3 vote by shareholders then attorneys from both parties will request the court implement the agreement.
The officers of this corporation are authorized to perform the acts to carry out this corporate resolution.
Howard Richmond Date
Ken Driggs Date
Karin Patzke Date
Bob Kelliher Date
Anne Hopkins Date
Teresa Huft Date
Gil Alexander Date
The Secretary of the Corporation, certifies that the above is a true and correct copy of the resolution that was duly adopted at a meeting of the dated meeting of the board of directors.
Karin Patzke - Secretary Date