INTERVENORS AMENDED COMPLAINT

It has been the hope of everyone in our community that our golf course will remain as open space in perpetuity. The best way to pursue such an end in our opinion, is to have the HOA Board and the AECC be in a position to exert their authority as designed and anticipated by the author of our Master Declaration Contract Mr. Dale Higer in 1977. The unique nature of our specific Master Declaration Contract (MDC) and the accompanying CC&RS and by-laws is that it provides for such controls and protections. We believe that the plain language of these documents is clear. Every time there has been a land division or a sale of property since 1977 this document has been provided to the parties and its authority, either implied or explicitly called out to the parties, has been the mantle under which all such transactions were carried out.

Our amended complaint only asks for a District Court Judge to rule on the validity of the words in the contract. We are not asking HOA Board or The AECC to take any action. We have asked that the HOA Board be reminded of their fiduciary duties under the terms of the contract.  In our opinion to support the words in The (MDC) will  only guarantee that the protections that property owners have enjoyed over all these years will be in the HOA “tool box.

We are not asking for any form of retribution or holding any person or body in “politic or law” liable for previous actions. We are not asking for previous building on the open space to be removed even though permission from the AECC was never requested or granted.  If a judge does not rule in our favor, we will have nothing more to say. If he does our point will have been made.  We will live by the ruling of the court whatever that may be.  

John Livingston