Thursday, October 11, 2012

ECIA Board DEFIES Majority In Eldorado Covenant Vote and Is In Process of Writing 'Guidelines' to Allow Poultry/Livestock -What You Can Do To Take Action! Please Read

Lot owners in Eldorado, I would like to announce a new legal non-profit corporation to specifically represent lot owners in Eldorado. The Eldorado Home and Property Owners Association, Inc. (EHPOA), NMPRC# 4648129, was founded to take the place of the ERA(Eldorado Residents Association), which disbanded a couple of years ago. We have big shoes to fill. We will represent and inform lot owners on issues being discussed by our ECIA Board and Committees as well as discuss issues lot owners are concerned about in structured but relaxed format meetings, where lot owners have a chance to speak and be heard by other lot owners, and a consensus can be formed. As a legal non-profit corporation, we are legally able to accept member donations. Our account is located at the First National Bank in Eldorado. Donations will fund notices mailed to lot owners on issues that require our immediate attention, as well as fund a legal account in the event we must inquire about or take action against our Board, so please be as generous as you can. Email me with your name, and address (to confirm you are a lot owner in Eldorado) and I will forward my address to mail your EHPOA donation to. Your email address will be kept private and save time and postal charges to keep you updated! It is extremely important that lot owners maintain an independently funded account for our protection against Board actions our community does not agree to and are not within the ECIA Board's general administrative responsibilities. It is OUR community and the ECIA is OUR corporation. Lot owners have a legal right to insure and demand our Board uphold their fiduciary responsibilities. As a community of lot owners, we must be prepared to protect our properties and take legal action against anyone who tries to impose THEIR personalx agenda on our community.

PLEASE READ:  Our ECIA Board has decided to ignore the Covenant Vote results, in which a 2/3 majority of lot owners in Eldorado confirmed we do not want to amend our Covenants to allow poultry/livestock in Eldorado. Our ECIA Board has disregarded this majority vote and is in the process of writing 'guidelines' that will allow poultry/livestock in Eldorado. After spending a year discussing, and $$$$$thousands of our hard earned assessment dollars on forums, legal fees, and a full lot owner Covenant Vote to decide (as is our right and stated in our Covenants, Art. IV, Section 1-Amendment). After all this, that our community has generously allowed a minority in our community to be heard, even though a majority of lot owners were not interested, our ECIA Board is STILL going to disregard the legal majority Covenant Vote, which voted NOT to allow poultry/livestock, and they will pass 'guidelines' that WILL allow poultry/livestock in Eldorado.  How will they do this? All they will need is a majority Board vote and since our Board is packed with pro-livestock members (most were appointed by a pro-livestock Board, a Board who was voted into office without disclosing their personal agenda of allowing poultry/livestock in Eldorado, and those who were recently elected and did not disclose to members they were pro-livestock). This will happen, if we let it. Ed Moreno, our pro-livestock Board President, and Jan Deligans, a Board Director, have wanted to do this from the start. Mr. Moreno and Ms. Deligans do not believe in our Covenants. On his website, Mr. Moreno wants to allow members to 'vote with their feet' on this issue. In other words, do as they please, even though the majority of our community has voted NO to poultry/livestock in a Covenant Vote. On Ms. Deligan's website, she 'interprets' our Covenants to suit her pro-livestock point of view, while demeaning and insulting lot owners in Eldorado who simply do not agree with her views on this serious issue. Our ECIA Board has only one issue on their minds because it is all they have pushed for all year. Now, they are planning to do what they have been wanting to do all along. Their illegal 'guidelines' will circumvent our Covenants, circumvent our Vote, and circumvent their fiduciary responsibilities as Board members of the Eldorado Community Improvement Association, Inc. As members of our ECIA corporation, we have a proprietary interest (our homes and properties) in our community. We have a legal right, and we must exercise that right, together, and take action against this Board and the personal agenda they are planning to impose on our community. Please come to the Eldorado Home and Property Owners Association (EHPOA) meeting on Thursday, November 29, from 7-9pm, in the Classroom at the Community Center for more information. Join our email list for updates by mailing eldoradogadfly@gmail.com, with your name and address (to confirm you are an Eldorado lot owner) and I will email you my address to send your donation to EHPOA. Donations can also be made directly to EHPOA at the First National Bank in Eldorado. Let's Take Action, Eldorado, and Take Our Community Back!


2 comments:

  1. Claudia,

    Should we not be able to have a recall vote/lack of confidence vote on the ECIA Board of Directors? Or a petition calling for their resignations?

    I believe I saw something to this effect posted in the "Comments" to the Chickens stories in the SF New Mexican. If the Board refused to uphold the Covenants and the offices to which they were elected they could be recalled.

    Michael-- you seem to be a voice of reason: do you know if this is a path to be pursued, or do we really need to go through the exercise of forming a community within the community? BTW: thanks for the heads up about the water issue. It's already here.

    Bonnie Iapoce

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  2. Hi Bonnie, Our Bylaws state that to have a Recall Vote, we must get signatures from 20% of 2777 lot owners. Those signatures are then given to the Board Secretary who will check them to confirm they are lot owners. The Secretary would then assign a date of record and the ballots would be drawn up and mailed out to all lot owners for a vote. A Recall Vote would succeed with a simple majority vote. That is, a Recall needs a majority of just the number of members voting. Here is the problem. Our Board is not honoring our recent Covenant Vote, in which a majority of lot owners do not want to amend our Covenants to allow poultry/livestock. Do you think they would honor a Recall Vote? It again comes down to taking legal action. It is the ONLY thing that this Board will listen to. This Board must step down but, they will only step down if they are legally forced to do so. The Eldorado Home and Property Owners Association is needed to represent lot owners to our Board. This Board knows they have much power and they know there is no way for members to organize because there is no way we can contact each other. We must fund EHPOA so we can stay informed and be able to protect ourselves against a Board member(s) who takes office with a personal agenda they want to impose on all lot owners in Eldorado. If we don't let our Board know that we have teeth and that we will fight to protect our properties and our community, this will happen again. By having our own organization, any member running for our Board will know that if they try to impose their agenda on our community and lot owners do not want it, we will fight back, so it won't be worth it. This Board is only getting started. They must be stopped now.

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