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HomeMy WebLinkAbout1996-07-10 HC Regular Meeting Agenda Packet0 J 0 The loan payments on tfle Promissory Note. are current as of this date. 1 The potential fo·r the . . . ' . ,. , . Acquisition. Association becoming delinquent on the loan could become a problem in the ' ~ future due ·to non-sale of spaces. This concern-has been brought to the _'attention. of the : pDRDA by the Acquisition Association members. Should _this occur, the PD RDA will have . I -to take legal action to ·remedy the default. One possibility will be foreclosure on the Note · putting the PDRDA in an ownership positiqri of 37 spaces. Given this, the PDRDA would h~ve 37/142 voting rights in the park along with ownership .of a proportionate share of the' ( common areas attributed to the 37 spaces .. " - Should the Acquisition Association remain·current on payments on the Promissory Note, then the PDRDf. has no legal grounds for foreclosure .. r · With respect to the Home Owner Association and the·make-up of its board, the PDRDA has not been and is not responsible for appointment and/or election of members to this Board. That responsibility rests with the .residents of the park. The Home Owners Association is . ' . ,' '\ . responsible for the sele~tion of their Board of _Directors, onsite man,agem~nt, and offsite · management firm, The onsite managers are resp5msible for the day to day operations of the park and are responsible to the Board of Directors. The PDRDA_ merely holds a Promissory Note that is secured· by deed of trust on 37 spaces thereby serving in the capacity of a lender t9 the Acquisitfon Association. This· being the case, the PDRDA hotels no resp_onsibility f0r the management nor the day to day operation , .. of the park. ) ·1 o-- 0 ; ' . Should foreclosure, as a result of. non payment, become an issue· in the future, the PD~DA, ) . . . . prior to taking legal action, will advi~e ,the re_sidents of. th~ir intent and request input from the .. --" . Board of Directors· at th~t time.'. I hope that this information helps·to answer some of the questions and responds to some of the concerns currently being expressed by park residents. It is our understanding that election of a new sdard of Di~ectors will_take pla-ce in February of 1997, as a result of a vote held on April 1, 1996, to am mend the bylaws .. At that time, . you are all encouraged to participate in the voting process so that the Board that is elected . . .· is representative of you and is selected by majority. vote of the residents. \. )