by Tom Blakeman, September 9, 2019
Lots of us talk about possible legal avenues with regard to our POA issues. Lots of talk, but nobody is doing anything – except for one man, Gene Garner. God bless him.
The rest of us do not have any lawyers in the mix of our opposition movement. That is, none that I know of. We need some legal minds on our team. Surely we have some lawyers out there living amongst us.
On the other side of the battlefield, we have a POA regularly using our money, much of it unbeknownst to us, to develop their positions and plan their continued takeover of the Village. All of the hated bylaw and policy changes over the last few years were written by or had input from POA lawyers.
So, I’m issuing a challenge. If you are an attorney, retired or otherwise, Arkansas licensed or otherwise, current Bar Member or otherwise, regardless of your area of specialty, please step forward and identify yourself. Similarly, if anyone knows of an attorney amongst us, please go to them. Ask them to come forward.
I’d like to see a meeting in two weeks time or less with at least 2 or 3 volunteer lawyers and some of our other leading minds to discuss where the Village stands and our possible options going forward.
Thanks in advance.
Tom Blakeman may be contacted at:
tomblakeman@yahoo.com
Anonymous
09/09/2019 — 9:48 am
Tom – with all due respect – this is the wrong approach to solving our problem of ousting Lesley, the legacy BOD members and turncoat Tormey.
We first need someone to form a Property Owners Coalition who’s sole purpose is to to oust the above mentioned people. This coalition needs to recruit and unite Property Owner who want change. Then this group needs to raise funds – lots of money to hire a “current” attorney, not associated with HSV who has proven skills to litigate matters like this. And then we fight it out in the courts.
Volunteerism in matters like this will surely fail.
Lesley and her crew have “real” lawyers – not volunteers, and we will need the same to strike where it hurts the offenders the most – in their pocketbooks and we will need to be ready to pay for this competence.
JMHO
Tom Blakeman
09/09/2019 — 11:05 am
Dear Anonymous: You missed the point.
The idea is to have folks with legal expertise on our team – not to have them go to court for us. Right now we don’t even have an opinion from anyone with a practicing legal background on what our real legal options might be.
What we do have are lots of folks running around shouting that POA have done “illegal” things. We also have folks second guessing and wondering what those who have hired “real” lawyers (Garner and CCI) are doing.
In order to have a Coalition and raise money we first need a plan and some sound ideas based, in part, on legal expertise. We have plenty of business people, accounting people, marketing people, engineers, plain old common sense people, etc.
What we do not seem to have on our side are any lawyers.
JMHO
Vicky Didion
09/09/2019 — 10:15 am
Tom, this is a great idea and I appreciate your appeal. I personally don’t think we could raise enough money to go against OUR own attorneys. With that being said, would it be possible to form a coalition and approach OUR attorneys about representing the members instead of the CEO? Is this even possible?
Tom Blakeman
09/09/2019 — 11:09 am
Hi Vicki,
Attorneys are very careful of whom they represent and their “attorney / client” relationship. POA hired them and pays them. So the ones working for POA are unlikely to even listen to home owners unless they are forced to do so in a courtroom.
Minn Daly
09/09/2019 — 12:48 pm
Mr. Blakeman. You are right on in getting Leagal council for this. We need it fast. Before next meeting. Gene Garner would be a great resource for this issue. Minn Daly
Linda Van Scotter
09/09/2019 — 6:40 pm
I support an immediate cease and desist order for all golf course renovations and building remodeling or tear down. Before the September 18th 2019 board meeting. This can’t cost that much money.
Lloyd Sherman
09/09/2019 — 7:03 pm
CALL TO ACTION – Both Tom and Anonymous have points. We currently are running around the ocean like a ship without a rudder. We need legal guidance from someone who knows about the POA world. We have a special issue in that we are a novelty within the 501 filings in that we are a 501(c)(6) and Arkansas doesn’t have an oversight organization for our type of non-profit. Tom’s plea is for someone with an active or an ex-active attorney credential to provide legal guidance. While I think that would be helpful, if they were available, I can’t imagine they wouldn’t have already stepped forward. So the only other way this can happen is if someone steps forward and leads a grassroots effort to form that property owner coalition, set up a funding site and get the funds required to obtain the legal advice the POA possesses and the general property owner population doesn’t. So if you are out there and want to take this task on, it’s available for the taking. The problem we have in the Village is one of apathy and people want things accomplished but few are willing to step forward to make it happen. So, I also support Tom in the challenge except the challenge needs to be one person who will organize and manage the effort.
Kirk Denger
09/09/2019 — 10:09 pm
VOTE THREE! Not one vowed to end the CMP or the CEO. Two out of THREE got elected, one voted to absolve the unanimously unlawful directors and advance the CNU takeover of our Village and as Einstien is purported to have said not sure about the other who is considering the Balboa opinions of the very dictator we abhor. We do have intelligent anonymous comments because this site censures her for posting under her real identity. So you want to distance yourselves from members who are “shouting” that the BOD are doing illegal things? Looking for a Savior to meet with (your concept of) other leading minds? 2019 years and counting. Speak about apathetic members while at the same time shy away from stepping up to the task you are asking someone else to step up to? Stephen Rust and Kirk Denger were the only two candidates in the last election who vowed to end the CMP, but that is not how the majority of those voting members voted. Arkansas is one of the twenty-eight states where non-profit directors may be voted out by the same number of votes that voted them in. Google Glover vs Overstreet. All members, do some legwork on your own. Brian showed us that the BOD can be removed with a member’s meeting but instead you are wasting time on how to do the Cmaster’sP Balboa will.
Anonymous
09/10/2019 — 9:42 am
Kirk and Steve: It’s time you both faced the truth. Most property owners understand that your narratives support the removal of Lesley, the CMP, the legacy BOD members and turncoat Tormey. But honestly, it’s the way you present yourselves that is off-putting to your readership.
Kirk – let’s face it – you have trouble assembling a simply sentence that can clearly carry a thought.
Steve – you’re narratives are drowning in your religious beliefs and quite frankly do not have the impact you may believe, even to those of us who are believers.
You two gents come off as irrational, radical, unorganized disgruntled property owners, trying to grab sensational headlines to support your next run for a seat on the BOD. You two unfortunately don’t hold the competencies that can sustain a battle with Lesley or her cronies. You are simply out of their league.
Take a minute and check your persona with some objective property owners and you’ll find that although we respect you for speaking out, we also dismiss you both as viable potential leaders in our community.
Sorry if this sounds a bit harsh but it’s time you both faced reality.
Good luck.
Pat McCullough
09/10/2019 — 5:51 pm
hey there anonymous, if you are going to attack people like you did here , you need to have the guts to sign your name. without your name your comments are garbage.
Kirk Denger
09/10/2019 — 7:59 pm
Anonymous09/10/2019 — 9:42 am, Thank you for your unadulterated opinion, however as you might have the cognizance to recognize that Kirk Denger is the publisher of the comment to whom you are giving your opinion. You replied to Steve in the first person as if he had made a comment. You are radically irrational and honestly incompetent. If you are having trouble understanding the assembling of my simple sentences or the thoughts they carry while you read them, come and meet me in person at the DeSoto Club, Mondays at 5:30. Check your reality, how many votes did you get.
Anonymous
09/11/2019 — 12:12 pm
Kirk: Why would I attend a meeting that has no agenda, no stated purpose, no goals or objectives. If I want to hear from angry property owners I’ll just attend the BOD meetings or better yet, the upcoming Balboa reconstruction meeting scheduled for tomorrow. I’m sure anyone who can’t get their fill of complainers from this blog or other social media outlets will surely have a fun time at this meeting!
Until you publish your precise goals and objectives so that we property owners can make a valid assessment of your cause, if there is one, then and only then will we attend your meetings.
This is why you lost the last BOD election. You are obviously a nice guy, for sure, but, you came across with scattered incoherent thoughts that have little or no relevance to the HSV issues at hand.
Try collecting your thoughts. Organize them into a coherent platform and then put out a call for participation at one of your Monday meetings.
As far as a number of votes, as you mentioned, what does it really matter. When you lose – you’re done. Period end. Move on. All of us losers, and by “losers” I’m referring to all property owners that are under Lesley’s, the legacy BOD’s and turncoat Tormey’s thumb, – we are making plans, coherent plans, for the next round.
Kirk Denger
09/11/2019 — 10:05 pm
Anonymous09/11/2019 — 12:12 pm, You think past midnight, try to get some sleep. Enjoy the meetings where the agenda is controlled by “leaders” who squash all views that do not support theirs and who as overgrown spoiled rotten brats believe they are leaders. When Tonto and the Lone Ranger saw hundreds of Indian warriors coming their way, the Lone Ranger said to Tonto, “we had better make a run for it.” Tonto replied, “what do you mean WE white man.” When you say “WE property owners and WE are making coherent plans,” I think of you.
Monday members meetings are for members, last Monday more than one hundred attended, doubling the attendance each week. leave your egotistical agendas and your insufficient checkbook at home. Over eight hundred non-resident property owners and fourteen hundred resident property owners understood what to your scrambled cognitive receptors are scattered incoherent thoughts. Again I ask you how many property owners agree with your objective persona? If you have the time, go back to March of 2018 and see who started this resistance of the BOD/CEO/CMP/DPZ in the Village and then advise me as to who is out of whose league.
Alan
12/03/2019 — 5:51 am
Well said.
S
09/09/2019 — 10:11 pm
Uh, HSVpeople site isnt that what its about, thats your organize, manage and deluver grassroots. Contact the UALR Clinton School of Law which includes a Center for Non Profit Organizations. POA non profit is property owners who are voting public that the non profit status serves, not management, the board is entirely bound to uphold duties of loyalty, care, good faith to the voting property members, not to the hired managent. They fail in those duties then it is by law they should be petitioned fir recall with vote of property owners. If non profit is NOT to generate profits fir any individual such as any individual investor, board and hired management falling short of that is illegal and unethical behavior under judgement rule. There are several laws covering.
Linda Anderson
09/10/2019 — 8:57 am
TOM-YOU ARE RIGHT ON. We need legal advise ASAP. At the same time, let’s ask for a members meeting for a vote from property owners. It appears this BOD is determined to make an example of the” Balboa ” restoration project in order to raise assessments. What they seem to forget is the effect this will have on our home values when people get spooked and run for the hills. We have no choice but to fight against this.
Marybeth
09/11/2019 — 6:08 am
People are already spooked in case you haven’t noticed. And many have left or are leaving. Too late now.
Melinda Noble
09/11/2019 — 2:46 pm
I gave up family and long time friends to move here. We looked for several years before making a decision to move to the Village. It will be a cold day in Hell before Lesley runs me out. Lesley lives in the Village only because she is paid more than she ever thought she would make and her home is her “dog in the fight”. She can always say” I live here too” but I’m sure she has no burning desire to live or retire in the Village. When this is all said and done she will move back to Little Rock and the Village will be in her rear view mirror. The BOD however will remain and have to clean up her mess, something they may want to think about.
George
09/11/2019 — 2:15 pm
Tom, I understand what you are saying. You want to know if there actually is a legal solution or precedent for this dilemma. Further, it would also be prudent to get legal advice to avoid being sued. Either way, there are no funds for this and therefore, volunteers are the only solution. I get it and totally agree. By the way, I decided a long time ago that a legal solution (if there is one) would be our only solution. This CEO isn’t going away voluntarily.
But I’m at a loss to understand the folks here in the Village. I see a lot of battle cries, and I observe people talking about getting out their checkbook, but when it comes to actually sending green backs, everyone expects someone else to pitch in.
Case in Point: Please note at the top of this page a menu item that says “Please Donate”.
This fund was created to pay for advertising of this website with the ultimate goal of removing the CEO. If you think advertising is free and easy to do, then you haven’t tried it. It costs real money. The fund had a modest goal of $12,000. In 3 months, it has collect $3,300. Generosity doesn’t seem to jump out here in the Village.
I’ve had people say “Tell me the goals of this fund”. Simply put, the goal is to get rid of the CEO and the board members who support her. So then you ask “how will you spend my money”. Get real. The money will be spent wisely and it won’t be for dinner at Texas Roadhouse.
Tom, back to my original point, if this all important website cannot raise $12,000 to promote a movement against the CEO, then I have grave doubts about there ever being a lawsuit, even if we find a way to do it. When the legal bill arrives for $100,000, how many will stand in line to contribute? Our track record isn’t too good.
Ok, now its time to shoot at me and/or at Tom and I’m expecting some real body shots. But after the replies are done tearing me or Tom up, then take time out of your day to go up to the top of this page and donate at least $10. Can you do that? Then you can say you’ve done something.
Kirk Denger
09/11/2019 — 11:22 pm
George, if all donations went to removing the BODs who support the CEO/CMP/DPZ You might see a flood. Instead, all donations have gone to the election of “Vote Three.” One is supporting the legacy BODs and a lap dog of the Chairwoman and considers Cooper’s endorsement as toxic, the other voted yes to take the Village away from it’s founding family and is considering how to pay for the CEOs Balboa fantasy who has no funding, the third recommends someone to step up and take control of the opposition but distances himself from the appearance of opposition and will not step up himself while he accuses others of apathy. The “leading mind” will not run himself but as a consolation challenges professionals to donate their counsel. This website swallows these “leading minds” hook, line and sinker and only promotes “vote three views.” Another site “We the Members of HSV” needs to be founded, where all members are welcome and are not censored like Nextdoor or overtly promoting the agenda of a few. This site has become what it supposedly started off to be opposing, secret meetings and controlled agenda of only a few “leading minds.” Take a look at the track record of Vote Three and see if that will take the Village where you want it to go.
S
09/11/2019 — 7:55 pm
Then put on this site more than electing a bod member and fundraising for election. Call UALR Law Clinic of which you have been given the contact, its pro bono legal advice. Then get you ducks in a row, form on this site a legal fund not to be used for picnics and scanners or election media, call to volunteer with gathering meeting place(suggest outside here) to organize members, utilizing site with its contributions for the coalition cause to do more than wait around to elections to yield your expectations. It didnt work out so good so far, it’s not enpugh. Think “get around” the obstacle in your way. Need stop the secrecy and division on here too, united means just that. Comments on site just make you all look incompetant, though know that is not who you all are. Talk to each other, not control each other( thats HSV current leadership tactic one you all despise) You are all better than that. Peace
Tom Blakeman
09/12/2019 — 7:14 am
For any who wish to criticize the ideas and actions (or lack thereof) of others; more power to you. I don’t see any of you actually doing anything of significance to fix the problems.
As George stated, step up and start donating some serious funds to the fundraiser on this site or start one yourself. Kick in a few thousand and get all your friends to do the same.
Or come with a detailed plan of what needs to be done, not just a few partly incoherent suggestions here and there. I’ve got a plan. Did anyone bother to read it or pass it along to anyone?
S
09/12/2019 — 11:17 am
Your plan consists of showing all that is being done wrong and “Just Fix It, Stop It” Problem is to “stop and fix” requires leadership of a BOD to do. Unfortunately that is not there. So obvious is removing current BOD members who do not “stop and fix” and replacing with ones who will. You can wait around for each new election, while the refusal to “stop and fix” continues, hoping to gain majority of competant ones. Or recall and start by utilizing the UALR contact given and you have it for the legal insight in the requirement to recall. It will require members usually quorum to het mandated vote to recall which ones, which ones are replacements( even if temporary) to “stop and fix” the things you state. The legal advice will tell you that and much more regarding non profits under business law. So pass it onto the pro bono legal source given for advice. If you want to retain a paid lawyer instead for consultation then it’s not that expensive for consult. Start there as plan. Till legal advice is given no plan or complaints can exist. Members have vote to elect and to recall power. And legal advice could very well lead to a class action law suit given there are some federal, state and model judgement rules in business law for both profit and nonnprofit( not all that different under business law) You want action so lead.
Kirk Denger
09/12/2019 — 11:56 pm
To answer your question, Tom, how could anyone miss your plan? It has been promoted on this site in the number one position for over a month. This only shows the controlled agenda of this site of promoting only a few “leading minds.” While you have spent exhaustive energy compiling your plan, it reads like a complaining disgruntled property owner who is obsessed with golf and has little if anything of significance to fix the problems. Golf is fine but 75% of the property owners do not play golf. A lot of your “plan” is partly incoherent suggestions here and there in your bid to constitute another turncoat “Vote Three.” Your words and actions only divide an already fractured membership.
Kirk Denger
09/13/2019 — 10:28 am
Bill09/13/2019 — 7:23 am, No amount of money can solve the problem. A member’s meeting with a quorum of members is all that is needed to evaluate the BOD and vote accordingly.
George
09/13/2019 — 2:37 pm
We’ve got out into the weeds on this thing but the link is money. It takes money to do almost anything unless we can get legal volunteers as suggested by Tom. When I see words that suggest we must enter into a lawsuit, what would be the basis of the suit? Malfeasance, misappropriation of funds? I don’t know but unless it can be proven in court, then we could be spending $200,000 (we don’t have) and lose to lawyers we are paying to defeat us. That is further evidence (without funds to do so) we need to get free real legal advice. By the way, as an entity, we are (the mad owners) are not a not-for-profit organization. Right now we are just rabble until someone steps up and creates an organization and files the paper work.
While we are awaiting the quorum to appear like Brigadoon, Cheryl and Joe are working night and day, spending a fortune trying to attend all the meetings and run a website that presents anyone’s views at any time.
If you happen to be a non-resident owner or even if you do live here, and you’ve never heard of this website then you are an owner ripe and vulnerable to receive/believe only the POA BOD version of reality. These owners are the many folks who voted “YES” at the last big election, fortunately defeated. I don’t know in all cases, why they voted YES but I do remember their slogan to “Vote Yes for Independence”. How bizarre and hollow that slogan sounds now that we know more about what they are trying to do to the Village. It was a power grab but you would never have heard the POA spin it that way. By the way, as a reminder, they use our money to send out their version of the truth.
I contributed to this website’s fund because I believe in this Website. It has come at a critical juncture in the life of Hot Springs Village. Consider how ignorant we would be if this website and/or the other media outlets had not been raised up.
I had hoped this fund could raise $12,000 to perhaps pay for a large billboard advertising the Website. I had hoped we might hear local radio advertisements about the website. I had hoped a mass-mailing ad could be considered and sent to every address in HSV. I had hoped to see a full page ad in the Village Voice to announce the website. I had hoped every owner in the Village would have an opportunity to look at this website to read other owners’ views. All of these efforts take actual real money. We can’t expect Cheryl and Joe to pay for everything. We Villagers owe it to them (and to ourselves) to support this effort. Right now the fund sits at $3,900+. It is a long way from $12,000 and our window of opportunity is closing rapidly. The next election is not too far off.
It is not my decision how to use the money and I’m not responsible for the fund. I am content to maintain my role as a contributor.
It is up to everyone else to do what they think is right or alternatively, do nothing.
Kirk Denger
09/14/2019 — 11:12 pm
George, great strategy. How much free advise have you received so far? The large billboard would be nice but don’t we already have one? The Voice will print a full page ad for $1200 and the radio station can provide an hour and a half air time for about the same price. The rest can be spent on the VOTE THREE election campaign. Then the donations will be well spent and we will still be in the weeds.
DPZ
09/17/2019 — 9:00 am
Regarding your attacks on anonymous comments, maybe they don’t want someone showing up at their home in the middle of the night and spray painting graffiti on their driveway.