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Dreamland and its Dissidents
 
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HOASFOREVER
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 Posted: Thu Feb 8th, 2007 03:25 pm
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r&c what is your interest in the voting??  for someone who attacks everything and everyone in the villa your daily chat is all about  these same people?? what has mr anderson done to you??  the only nightmare villa is the one you created for yourself!!.  you must have a very miserable life?? while most everyone living in your nightmare villa enjoys their days you set in front of your keyboard having a miserable day. well, i'm off to having another wonderful day. let's see for my .25 a day i have over 20 choices what shall i do, o i'm so confused on all my options....................

alasbabylon
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 Posted: Thu Feb 8th, 2007 01:00 pm
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R&C:     We had fun in the Villa yesterday!   We went to the pool, visited with friends, neighbors and relatives.  Did laps for exercise and to relieve the stress from being retired!  Today we are going to the pool again then to dinner with relatives then to a great show at Farnsworth Hall!   I have heard the group is good and tickets have going like crazy.   What a great place to live!

Ron & Cathy Ehninger
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 Posted: Wed Feb 7th, 2007 11:07 pm
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Gee the election is over and not one soul has posted about it.  How about who got elected to what and how many showed up ?   Can you tell we can hardly contain our excitement about the whole thing.  But if we have any questions, We are sure Andy Anderson would be more than happy to give us the straight story.  About as straight as a dog's hind leg.  Gee isn't it fun here in Nightmare Villa ?

R&C

DreamlandMan
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Location: Nightmare Villa, Arizona USA
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 Posted: Tue Feb 6th, 2007 12:07 am
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DreamlandMan
Member
Hi Dorothy,

When you have your day in court at DVCC, you will notice that  those making judgement are looking more and more like a bunch of KANGAROOS.

I'm sure a few them will also look like JACKASSES!

Feel free to give my secretary....Della Street...a call if you would like some legal counseling from me. In addition, Paul Drake has offered to volunteer his services for any investigative help.

Regarding Mr. M, you are right!

The majority of people like myself from that famous beer town in Wisconsin are well-educated, but there always seems to be a slow-learning "cheese head" to tarnish things.

Take care,

DREAMLANDMAN

DreamlandMan
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 Posted: Sat Feb 3rd, 2007 06:36 am
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HOASFOREEVER wrote: you  must be joking, i bet your not for you are the joke.  are you going to attack the 90 year old because she disagreed with you. yeh, go get here. attack,attack and you will still loose.  he, he, ha, ha ha
Some times it's better to not respond and just let the posting speak for itself!!

For some reason, I keep getting this picture in my head of Ernest T. Bass,  a re-occuring character from the old "Andy Griffiths Show."  Does anybody else? 

Dreamlandman



HOASFOREEVER
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 Posted: Sat Feb 3rd, 2007 04:34 am
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you  must be joking, i bet your not for you are the joke.  are you going to attack the 90 year old because she disagreed with you. yeh, go get here. attack,attack and you will still loose.  he, he, ha, ha ha

DreamlandMan
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 Posted: Sat Feb 3rd, 2007 03:23 am
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Hi Dorothy,

When you have your day in court at DVCC, you will notice that  those making judgement are looking more and more like a bunch of KANGAROOS.

I'm sure that a few of these individuals will still look like asses!


TAKE CARE,

DREAMLANDMAN

Dorothy7
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 Posted: Sat Feb 3rd, 2007 02:25 am
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Ron & Cathy Ehninger wrote: Big Giant footsteps were heard yesterday coming out of Central Ave in Phoenix.  KWAMP KWAMP  KWAMP  KWAMP  KWAMP KWAMP

Get ready Nightmare Villa non profit social club it is coming, the day of judgement.  Get ready past and present board members and presidents you will have to answer once and for all.  Get ready.

KWAMP  KWAMP  KWAMP  KWAMP  KWAMP  KWAMP  KWAMP

R&c
Did you get your DV directory?  I did.  Want to hear what the rule is for suspension or dismissal?  " Notice is given in writing or mailed to such member.  Before punitive action is taken, each violator will be given a hearing before the Board, providing a request is made in writing to the Secretary.  Interesting isn't it, that the Board is violating the DVCC rules again.  I wonder how many other rules they violate at the expense of members about which we never hear?  I have made my request for a hearing.  I have also made an attempt to pay my dues.  I shall continue attending meetings until such time as the Board comes into compliance with the statutes and the rules. I take note here that the Pages 14 and 15 of the Directory  the club is now calling itself a "planned community".  I take note here also that it does not fulfill the requirements of the legal definition of a planned community, nor an association , nor anything other than a voluntary social and recreational club.  Read it.  You'll be amazed how they've dropped the title HOA again. ha  Dorothy

Ron & Cathy Ehninger
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 Posted: Fri Feb 2nd, 2007 12:25 pm
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Big Giant footsteps were heard yesterday coming out of Central Ave in Phoenix.  KWAMP KWAMP  KWAMP  KWAMP  KWAMP KWAMP

Get ready Nightmare Villa non profit social club it is coming, the day of judgement.  Get ready past and present board members and presidents you will have to answer once and for all.  Get ready.

KWAMP  KWAMP  KWAMP  KWAMP  KWAMP  KWAMP  KWAMP

R&c

DreamlandMan
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 Posted: Fri Feb 2nd, 2007 11:47 am
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Last edited on Wed Apr 25th, 2007 11:17 am by DreamlandMan

Ron & Cathy Ehninger
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 Posted: Thu Feb 1st, 2007 11:17 pm
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Well the latest stuff from the club is to get the attorney to file more against more residents.  Is this never going to end ?  You have to ask yourself who is really gaining in all this ?   Who is making the money ?   Hummm , just look at the latest statement in the Citizen, as you look at the vote for the new board of directors.  How is the SOS quilt coming ? 

R&C

DreamlandMan
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 Posted: Thu Feb 1st, 2007 01:34 pm
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Hello R & C,

Just finished taking care of a little business in response to a post that was online at the Tribune. It's probably the same one you read.

Take Care...
dreamlandman

Ron & Cathy Ehninger
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 Posted: Thu Feb 1st, 2007 12:37 pm
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We got a chuckle when reading the " Vent" column in today's Tribune.  The community at large is starting to get it and see through the greed and power hungry nuts at the Club.  They don't have public opinion on their side anymore and a few are trying to force the residents to join their social club.  For What ?  The yearly dues are not the issue, that is only the start of the greed, the coming assestments , fees, fines , etc  etc etc are the issue.  As more sections are added and become mandatory dues sections, the club is making more and more enemies.  But they have blinders on and just keep on going down that road with their debt collector.  The blind leading the blind and they will all fall in the ditch.

R&C

DreamlandMan
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 Posted: Wed Jan 31st, 2007 03:09 am
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Last edited on Wed Oct 10th, 2007 03:27 am by DreamlandMan

Ron & Cathy Ehninger
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 Posted: Sat Jan 27th, 2007 02:38 pm
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The whole point of the big picture is being obscured.  The point is the board has the power to fix this mess but they choose not to. Why?  One can only wonder.  Why don't they want to get rid of the attorney that is so heartless and only wants his just dues?  Why are they not concerned in the least bit about the people they are putting this fruad on?  Why don't they get off their dead rear ends and go visit some of the people in Nightmare Villa and hear first hand how their nasty letters and summons are affecting their lives and well being ?.  Why, because they don't want to face the reality of it all and the fact that their position is not defendable in any court of law and they know it.  SOS for sure but it may be too late.  If the club looses what will happen then?  Where will they hide and where will they find ways to get money out of us ?  We hope no where because that is what they deserve.  Quilt on and lets have it up soon for all to see.

R&C

Dorothy7
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 Posted: Sat Jan 27th, 2007 02:09 pm
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That's funny, (and true).  I have several big plastic storage boxes full of quilting fabric and will be setting them out at the yard sale at 655 N. 57th Place, beginning Saturday, February 3...(Are you quilers listening?)  Dorothy7.

Dorothy7
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 Posted: Sat Jan 27th, 2007 02:03 pm
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It is extremely difficult to respond to persons with a reading disfunction but I'll try again.  There is no rule that the board cannot do the right thing and appoint members who stood for election and won more votes than those sitting on the board.  It seems to me you are being deliberately obtuse...think about it.  Try hard.
THERE IS NO RULE THAT KEEPS THE BOARD FROM APPOINTING MEMBERS WHO STOOD FOR ELECTION AND WON, OR GARNERED MORE VOTES THAN MOST OF THE SITTING BOARD, AS A COURTESY TO THE EXPRESSED PREFERENCE OF THE VOTING MEMBERS.
You knew this all along, didn't you?  Dorothy7

DreamlandMan
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 Posted: Fri Jan 26th, 2007 11:46 pm
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At the request of DVCC Board of Directors, quilting class members are busy working on a oversized quilt that can be viewed by those passing by the club on University.

Upon completion, this large quilt will read:

Save  Our   Scam



 

alasbabylon
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 Posted: Fri Jan 26th, 2007 09:47 pm
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Dorthy: I was refering to your wanting to replaced vacancies on the board with nominees from the last election!   The guide lines are outlined in the bylaws!  Why did you want to ignore these guide lines when your entire complaint is they don't go by the rules?  I guess it is your choice to which rules we abide by! 

Dorothy7
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 Posted: Fri Jan 26th, 2007 08:39 pm
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Dear Alas:  An assembly, or an organization that has developed rules of procedure is in fact, and in law bound by them.  Because those elected to Boards are merely representatives of a constituency, they should show a decent regard for the will of the members...because the Bylaws do not anticipate that Boards will abuse their authority, they frequently do not have each possible usurpation spelled out and forbidden.  Most elected Boards do not require these kinds of restrictions placed upon them because they behave with due regard of the members expressed desire  at elections.  This Board cannot address the assembly without their attorney present because they are bereft of ethics or responsibility, and stuff the ballot box when they lose, then hide the evidence.  Bad news for the members and others from whom they have already stolen an interest in their property.  Dorothy  (I took the numbers of votes from a hand written count handed to me by Jeannie Leoper the day following the elections.)  Was there a recount? 

Ron & Cathy Ehninger
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 Posted: Fri Jan 26th, 2007 02:25 pm
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The board seems to be bound by nothing and a law unto themselves ???   Time will tell.   Ever heard of Roberts Rules or Rules and Bylaws of Corporations, Arizona Statues Title 10 ???

R&C

alasbabylon
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 Posted: Fri Jan 26th, 2007 01:06 pm
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Dorthy:  The board isn't bound to results of the last election to fill a vacancy! 

Concerned But
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 Posted: Thu Jan 25th, 2007 08:25 pm
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Dorothy - Not sure where you got your numbers buy Gale Grammer received 301 votes not 504.

Dorothy7
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 Posted: Thu Jan 25th, 2007 02:30 pm
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Dear Alas:  You are correct that Mr. Shirey was not elected...but, Mr. Murkawski was.  Mr. Leckey whom I nominated had received 514 votes during the last general election, and Mr. Grammer 504.  Since there are at least 4 sitting members elected by less than 200 votes, and the nominees had received none, it was, and is my position that in a democratically run organization, the majority of members had spoken, and that fact should have been acknowledged by the board by simply giving those gentlemen who had stood for election and had a proven constituency, first refusal on any vacancies that occurred. 
Oh yes, this club has no regard for the its members...or their wishes, has it?  The fact that they refuse to abide by the rules to which the members are bound makes no difference to them...they want to make this a "better place to live" by lying, cheating and stealing what they cannot gain under the rules...
Your claim that the "hard" decisions to lien property makes living better here for anyone is a bizzarre interpretation of better living...being a victim of extortion is not conducive to living well.  Dorothy7

alasbabylon
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 Posted: Thu Jan 25th, 2007 01:06 pm
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R & C:  John's predictions are not always right on.   If you did your home work.. The board member list in the Citizen does not include Mr  Shirey!  So the hand picking of board members theory is all shot to pieces.  It is amazing too, because the Board could have selected a person to fill the position but elected to allow nominations from the floor to appease a couple of people. 

alasbabylon
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 Posted: Thu Jan 25th, 2007 12:53 pm
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Ronno Carr :   Then a majority of a greater number would vote if they decided to! They would elect volunteers to the Board to put in thankless hours   to over see maintance, being treasure, handling community complaints, helping with the different groups and making tough decisions to make the community a better place to live!

Oh!  Thats what they are doing now!

Ron & Cathy Ehninger
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 Posted: Thu Jan 25th, 2007 12:49 pm
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John Carpenter is a good man and you see where it got him.  He is gone from the arena and not wasting his time with it .  One wonders if he pays his dues now?  No matter, his predictions are right on and his efforts to get some one at the Club to start thinking on their own failed.  They are going to hang on to their greedy thinking and stay fast in their trying to force us all to join their social club.  Meanwhile the forces of good are marching on and the Club doesn't even see what is going on around them.  The walls are falling down you guys !  

 

KWAMP  KWAMP  KWAMP  KWAMP  KWAMP  KWAMP  KWAMP

R & C

DreamlandMan
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 Posted: Thu Jan 25th, 2007 07:28 am
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This post is from Mr. John Carpenter, a long-time dreamland villa community club member.
It's very well written! The date was October 3, 2006



apache1010 wrote:
First, I need to acknowledge Dreamlandman and applaud him for guiding me by his Blog posts on the Caron Vs Maxwell case heard in The US District Court. Using Dreamlandman ‘s information as a starting point, I went to Lexis-Nexis and researched this case. It was tried in The US District Court for The District of Arizona...this was a milestone case based on the Federal Fair Debt Collection Practices Act (FDCPA).


Using this vital evidence I drafted a statement that I read (in part) today at the DVCC Study Session in as much as I was one of 5 candidates seeking appointment to the DVCC Board of Directors.

My statement was written to put a stake in the ground that would clearly delineate my position...and not to win the support of The Board knowing that they had already "Cherry Picked" the next new board member who I believe will be Mr. Shirey. Mr. Shirey’ s wife was re-appointed as Chairperson for the DVCC Nominating Committee. Also, noting that Mr. Shirey was seated during the study session with past board members, left little doubt in my mind that his appointment was a certainty.

Following is the text of my prepared statement that I delivered, in part; due to being gaveled down by the timekeeper claiming I had exceeded the three-minute time limit. This is my prepared statement in full…

Madam President, members of The Board, ladies and gentleman…

I want to make my position clear as to why I wish to be elected to and assume a position on the DVCC Board of Directors.


My purpose in seeking Board appointment is two-fold; first I shall be an advocate for the swift and immediate removal of Mr. Charles Maxwell, as counsel for our Dreamland Villa community and the return of all DVCC documents he holds in his possession.

Like many, and possibly a majority of citizens in The Villa, I see Mr. Maxwell as a parasite that feeds his firm by preying on the least able citizens of the many Home Owner Association’s he represents. These are HOA citizens that are unable to protect themselves from scurrilous and illegal demands to collect HOA debts. Let me elaborate on this theme by quoting from a web site known as Credit.Com. speaking to the Federal Fair Debt Collection Practices Act (FDCPA).


“The March 1999 Arizona federal court decision Michelle Caron v. Charles E. Maxwell, P.C., a Professional Corporation, et al. applied some of the critical elements of the Federal Fair Debt Collection Practices Act (FDCPA).

Caron owned a home in a development that included big homeowners’ association dues. She fell behind in her dues—and the association turned her account over to Charles E. Maxwell, “an attorney engaged in the business of collecting consumer debts.”

Maxwell used a variety of threats and aggressive tactics to collect the overdue dues. Caron sued him and her homeowners association under the FDCPA.


Specifically, she claimed that Maxwell violated the law by “falsely representing that he would be entitled to collect accruing attorneys fees and costs pursuant to the terms of a judgment obtained by [the association and] by threatening to take action that cannot legally be taken.”

She said that Maxwell sent her a letter stating that, if she did not respond within 10 days, the homeowners’ association would exhaust all of its legal remedies against her, including a Sheriff’s sale of her property. She complained that Maxwell’s conduct was “extreme and outrageous.” And she argued that the homeowners association should be held liable for his bad actions. The trial court pointed out that the FDCPA imposes liability only on debt collectors—not on creditors. So, the association was off the hook.

But Maxwell wasn’t off the hook. He asked the court to dismiss Caron’s charges against him. It would not. The court noted that the purpose of the FDCPA is to:

 “Eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses”.

Now, that preceding quote from Credit.Com I just read was from an action entitled MICHELLE CARON, Plaintiff, vs. CHARLES E. MAXWELL, P.C., a Professional Corporation, et al, Case number CIV-98-0946- in The UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA. The HONORABLE ROSLYN O. SILVER rendered the opinion of the Court.

It’s my view that the DVCC Board of Directors, that were elected by this community, having an attorney such as Mr. Maxwell, who was referred to above as “an attorney engaged in the business of collecting consumer debts” is indeed, nothing more, nor less, then a debt collector. This is a direct reflection upon all of us that reside within The Villa…consider that, with Mr. Maxwell as our attorney, we provide him our implied endorsement that his tactics in pursuing unpaid DVCC “dues” is fair and just! Indeed, The United States District Court of Arizona found many of his “debt collection” methods as outside the boundaries of Federal law by their ruling against him in the above referenced case.

My second purpose in seeking a board position is to push hard and with vigor to have a committee established to begin an immediate search for competent legal counsel to represent our community.


This in itself is two-fold, first we remove a “Debt Collector” as our legal representative, next, new, competent counsel shall provide The Board a framework to set aside past Board actions and work to have the Second Amendment Declaration of Restrictions, the infamous SADR, removed from all Villa properties to which they have been attached.

Secondly, with the removal of the SADR’s, we can begin the healing process and with a clear vision by the DVCC Board it will be possible for peace and harmony to reign, rather then fear, intimidation and neighbor against neighbor and allow the insidious “Blogs” to be laid to rest.

I’m John Carpenter, Citizen, Dreamland Villa 1988. I authored and approve this statement.

 

 


Last edited on Wed Oct 10th, 2007 03:29 am by DreamlandMan

Ronno Carr
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 Posted: Thu Jan 25th, 2007 07:26 am
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...suppose...that 'some day' THEY get every one signed up, illegally or 'legally'...what do you suppose would happen if...

...about 4000 of us 'MEMBERS', would decide to, at one time,

...play shuffle board, bocci, tiddlywinks, et.,

...or do ceramics or wood working, or a coffee break,

...or all of us decide to go swimming...

...or show up on New Year's Eve...

...OR EVEN SHOW UP TO 'VOTE'...our new right & priveledge...

  Do you suppose they would still like their little 'private club'?

...or maybe even run for office, & vote in our own officers(after all, we ARE the MAJORITY!!!)...sssshhhhhhhhh!

There is an old adage..."Be careful what you wish for,...you might get it!!!"  I think right about now, there are some members of their 'PRIVATE CLUB' that might be having second thoughts...especially when we start putting in exhaust fans in the bath /'board' rooms...(you know their's doesn't stink), hanging a bunch of Glades around...maybe even some 'fresh flowers'...might be very refreshing for a change...I have some 'burdock' growing on my farm in Iowa I could bring down...it smells a lot...or maybe even some 'stink weed'...would be quite a change...all with us just paying our dues & running the show.

How do you like this scenario???...CT

 

DreamlandMan
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 Posted: Tue Jan 23rd, 2007 02:53 pm
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ALASBABYLON:

AS I mentioned previously, we both are entitled to our views and that's  what  makes this country  great! 

I not completely sure what exactly you are talking about regarding  most of the other stuff. I was aware through this blog site and I believe it was in the DV Citizen of someone supposedly calling with a threat and saying they had a gun.   If this actually happened then someone is in need of serious mental examination and jail time. I know that Vicki Wirtz was upset about a flyer that she says had her name and lawsuit information. I believe she feels that the report of a threat was printed on the same flyer and she felt that it mislead people to believe somehow that the threat was tied-in with her. I don't know if I said this accurately, but I think that's what she was upset about.

I know that as adults, especially senior adults, although I'm not ready yet to call myself an elderly adult and if I live to be 90 I don't think I can comfortably bring myself to say I'm an elderly adult......we should have learned by now reactions to this membership issue calls for mature discussions and anything that gets beyond that with threats involving a gun is scary.  My outlet  for expressing my  opinions is  this  blog site. Others speak their minds at meetings.

Anyway, I have heard that over the past few years there has been threats and nasty comments aimed at some of the Concerned Citizen people so I guess my point is that evidently DV is an "Adult" community, but I guess some individuals still have a lot of growing up to do.

I don't really get a lot of information of things that are not related to mandatory membership, but if this is happening to people on both sides of this issue, then I can tell you and I believe you probably feel the same way too......if there's any loose cannons out there they are an embarrassment and certainly don't represent me or others who are against mandatory membership or you and others who are in favor of mandatory membership. In fact it negativey detracts from what many of us are involved in.

I guess it's a reflection of our society in general. I know that way back in my youth (several centuries ago) there would be some school boy fisticuffs once in awhile, but now with road rage, gang members and drug addicts out there people are being killed just for making eye contact at an intersection. That scares the hell out of me and shows me how little a human beings life means to some people.

On a slightly different and less scary topic, I have been wondering for about the past month or so.......Are you, me Dorothy, Ron and Cathy and Concerned But the only people posting anything. Because if we are I feel really stupid... but it's kind of funny when you think of just 5 or 6 people yapping back and forth at each other, especially in a communtiy of approximately 3,000 to 4,000 people.

I actually broke out laughing about this last night. It's getting to the point were 5 or 6 of us just keep "repackaging" over and over our viewpoints. Meanwhile the rest of the world goes on. I'm sure you have to be tired of me responding to you and I'm tired of you responding to me so hopefully we can get  some new "blood" to add some fresh viewpoints. It is kind of funny in a stupid way. My better half told me recently that she's worried I'm becoming to obssesive over monitoring new blog postings. It's even funnier or more stupid given the fact that there are about 6 or 7 DV sites and it's still comes down to you, me, Dorothy, Ron and Cathy , Concerned But  and on a part-time probably more normal basis Easy Writer.The only reason I posted the Tribune articles again was because I was getting stagnant. I believe from now on I'm  going to check these sites perhaps two times a week. I'm not sure I can do that so easy. I might have to sneak out of bed quietly and see what's new and I have a feeling you will be ready to give it a go at me the minute I do. I'll say to myself "Oh no it's Alasbabylon again I'm going back to bed." I'll check these sites again today I'm sure of that but Hell, I really don't know what to say any more. I feel like I'm a part of the movie "Grumpy Old Men."                

I'm having a difficult time on my keyboard today I have to back space and delete typos that should not be there and it's taking  a real slow amount of time to see the letters on the screen long after I've printed  them. 

It's time for me to go now because I  don't want to be caught on this computer after denying  that i was becoming obssesive about it.

Take care

alasbabylon
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 Posted: Tue Jan 23rd, 2007 01:16 pm
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Dreamlandman:    All of this informatin in black and white!  And not one of the thousand or more people mentioned that are happy and satisfied living in Dreamland Villa! People that know that the board is made up of neighbors and friends, not monsters, terms are limited so they may not even be there next year. 

Whether you agree or not,  I try and get people to do the homework, get both sides and then make an educated decision!  The two articles printed one side.   To attack friends and neighbors that are serving in thankless positions because they go a different direction than we would is just  plain mean.  To send threatening letters, make personal threats and to send garbage magazine subscriptions and bills to them is inexcusable!   All of this for volunteering to try and better the community! 

DreamlandMan
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 Posted: Mon Jan 22nd, 2007 08:42 pm
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FROM THE EAST VALLEY TRIBUNE


Mesa senior community angered by club fees

 By Jason Massad, Tribune

January 6, 2007

Herman Lydiatte, 89, settled into a chair this week inside his modest east Mesa home in Dreamland Villa, his financial papers spread out on a portable table in the living room.
His wife, Margaret, 95, was away at the Mi Casa Nursing Center, and he seemed content that she was in good hands, even if doctors said her health was deteriorating and she would never come home again.


Lydiatte, wearing a striped shirt and blue chinos held up by suspenders, said each month’s stay for his wife costs $5,000 and that’s “cash on the barrelhead.” No payments.

“It doesn’t look too promising right now,” he said. “I’m canceling magazines and any other bills that I get besides taxes and gas.”

On top of his other financial headaches, Lydiatte needed some charity this week to pay a $92 bill to the Dreamland Villa Community Club. He never agreed to be in the club and says he’s too old to use the neighborhood’s facilities, but was worried about the consequences of forfeiting.

“We’re paying his dues so he can relax a little bit,” said Cathy Ehninger, who has been leading the fight against the fees charged by the Dreamland Villa Community Club. “I think if he gets another bill he’s going to die. He’s so anxious and distraught about it.”

Lydiatte’s case isn’t unusual. Since 2003, neighbor-againstneighbor confrontations and lawsuits have become the norm in the sprawling Dreamland Villa, which draws retirees to the unincorporated area.

Last month, 39 court summonses filed by Dreamland attorney Charles Maxwell were delivered to residents for not paying annual dues — which could lead to liens on homes in default, and even foreclosure.

Joe Kuka, 78, who lives on Evergreen Street, recently received court documents stating he owed $769.30 in dues, legal fees, monthly penalties and interest for a club he said he doesn’t want.

“I pity the poor (person) who would come up and put a for-sale sign in front of my house,” Kuka said. “I worked hard for this house.”

The summonses were the latest in an ongoing legal feud that centers on changes three years ago to the 45-year-old neighborhood’s rules and restrictions.

Those rules now require around 1,400 homeowners to pay annual dues and will eventually include nearly all of the 3,000 homes in Dreamland Villa, which would generate hundreds of thousands of dollars per year for the Dreamland Villa Community Club.

The two elections that played a role in changing the neighborhood’s dues from voluntary to mandatory payments remain contentious.

Opponents of a 2003 election that helped create the dues claim that signature gatherers carried innocuous sheets of paper door-to-door under the guise of retaining the senior community’s 55-and-older designation, even though it was not in immediate jeopardy.

Steve Duncan, 68, remembered signing the petition to keep Dreamland Villa’s pool open. Mandatory dues were never mentioned, he said, although he said he agrees with the existence of the club and says it boosts his home value.

“They said that if we didn’t get 50 percent of our area we wouldn’t be able to swim,” he said. “The way they went about it sounded kind of weird.”

Opponents also contend that a 2004 vote to alter the nonprofit Dreamland Villa Community Club was rigged — partly because residents angered by the earlier election weren’t allowed to vote because they had stopped paying dues and were no longer considered members.

Ironically, those nonmembers will at some point be forced to join the club.

Harold Britton, 63, who lives seasonally in Dreamland Villa, recently received a court summons. He said the neighborhood suffered no financial crisis before the club imposed dues. Those who used the club, pool, billiards room and wood shop at North 55th Place paid dues. And those who didn’t use the amenities didn’t pay.

Britton and his 64-year-old wife, Janet, moved into the neighborhood to be close to her elderly parents. She said she suspects the club was changed to take advantage of people like her parents, who live on a limited income but pay the dues because they are asked to.

“My mom and dad have never been happier. This was the best years of their lives. And now this whole thing has put a new tone to the neighborhood,” she said.

Club officer Tana Ullmann and others associated with the club refused to comment and referred questions to Maxwell.

Maxwell said both of the elections in Dreamland Villa were valid. A lawsuit by Ehninger challenging the 2004 vote ended because she was not a club member.

Two years after the vote, Maxwell said he won’t release the 2004 ballots for review because “we’re not going to take the chance of anyone manipulating the documents or altering the votes.”

Maxwell describes the trouble in the neighborhood as the work of a small group of people who have advised their neighbors not to pay dues. The homeowners association lawyer said he knows of no other association with fees that are as low as Dreamland Villa.

Such dues provide “fiscal predictability” for the club and are used to maintain an aging clubhouse and other needs of the large community.

But attorney fees likely will be part of the club’s upcoming budgeting. Maxwell requested $500 in legal fees for each summons that went out last month and said more fees will be added “in the event this matter proceeds to trial.”

Steve Cheifetz, a Scottsdale attorney, plans to represent residents who received the summonses and said he will likely challenge the fact that a majority of residents created what amounts to a homeowners association for everyone in Dreamland Villa.

He said it is very rare that an association is created after a development has been built. In a typical situation, “every homeowner has to agree” to an association when purchasing their home.

He said the widespread confusion surrounding the voting seems to raise ethical questions. “Anyone that’s doing this to elderly folks — well, it should be transparent,” he said
. “Especially when you are dealing with people like this.”

DreamlandMan
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 Posted: Mon Jan 22nd, 2007 08:30 pm
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Tribune Editorial January 13, 2007


The best way to repair fractious retirement haven would be a return to voluntary dues payment


The singer Tom Waits once wrote in a song about a dying love affair that “you can’t unring a bell.” Trying to unravel the legal morass that has enveloped Dreamland Villa may be just as difficult, but to us it appears to be the only way to resolve the discord that has cast a cloud over one of the East Valley’s oldest retirement communities.

This 3,000-home development, located on a county island surrounded by east Mesa, was built 45 years ago, before homeowners associations were common in single-family neighborhoods. For decades its clubhouse, wood shop and other amenities were paid for on an elective basis: if residents wanted to use these amenities, they could join the club and pay an annual fee to help with the upkeep.

Today, it can be difficult to buy a home that is not attached to an HOA. But the burdens and benefits of HOAs are well-known and explained, or at least mentioned, up front; most homeowners, unhappy as they may be with their HOAs at times, knew the risks.

But adding en masse to the deed restrictions of an already-occupied subdivision is something that should be done very carefully, and the indications are that, for whatever reason, it wasn’t in Dreamland Villa.

Proponents of mandatory membership, contending everyone should help maintain facilities that added to their property value whether or not they used them, collected signatures from at least half the homeowners in each section. But a sizeable number claim they were never told about the mandatory fees.

In 2004, a vote by those currently belonging to the club was taken, and former members who had stopped paying their dues were not allowed to participate. The one lawsuit filed to question this vote was dismissed on a legal technicality.

As Jason Massad reported in Sunday’s Tribune, 39 homeowners have received summonses for nonpayment of the $92 annual fee, which with penalties and legal fees has in some cases turned into more than $700 in debt on their homes. This could lead to liens or foreclosures.

The board members who started this process appear to have had the good intention of ensuring the community’s assets were maintained long into the future, and possibly giving them more teeth to enforce the age restriction.

But there appear to be enough clouds over the way the situation was handled that the best course of action at this point would be to return to the voluntary membership model that worked reasonably well for four decades, consistently keep nonmembers out of the club haunts, and, if necessary, attempt to bring in mandatory membership with a more transparent process.

Opinions expressed in the editorials, labeled OUR VIEW, are those of the editorial board and the publisher. All other opinions are those of the authors or artists.
...................................................................................................................................

Alasbabylon,

Your opinion is yours and mine is mine. I doubt I can change yours and I know you won't change mine. Question: If the Tribune ran an editorial that favored your support of the DVCC Mandatory Membership issue would you still be saying the newspaper is only seeing one side of this issue? Of course not...............Let's not have any "Sour Grapes" okay.

I believe the Tribune views this subject the same as  most objective and fair-minded people when presented with the factual details. It's too bad you can't accept that.



alasbabylon
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 Posted: Mon Jan 22nd, 2007 06:46 pm
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gweevo:  in fairness to the whole community you should get both sides of the issue and then decide.  This blog site is just what it says it is " Dissidents" in Dreamland.  If all you read is information offered here you  haven't the slightest idea what is going on. 

DreamlandMan
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 Posted: Mon Jan 22nd, 2007 05:24 pm
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HELLO GWEEVO,

I'm dreamlandman. We have had a day of very strange weather here. The snow level in the metro Phoenix area dropped down to around the 800 ft. level. Right now my house and just about every house around here have roofs that are frozen over completely with solid ice. A strange sight for sure around here.

I know better than to complain to somebody from the Denver area about our "cold" weather. It was incredible watching how bad the snow was in Denver awhile back. I hope most people  came out of it in relatively good shape.

I was interested in your opinion of the situation around here and  I'm objective enough to  really try to understand any opposing view point. I honestly can tell you there are no valid and justifiable  points that  mandatory membership supporters  have  made in response to my questions.  I have never heard any direct  answers  from  these people  as to why  this  mess was necessary after  things were running along smoothly for  well over 40 years with club membership existing soley on a volunter basis.

I know the real reason this was done, but stating it to these people just brings denials or no response back at all.

Any questions I  ask get turned around back at me and  made to appear that  others and myself are the "trouble makers" and we are out to  scare the elderly. The fact of the matter is that what the club has done with its attorney (who has previously been admonished by the court for debt collection harassment in another area community) is unethical and fraudulent.

 If things were truly on the up and up and done fairly, I know that us "dissidents" would accept an outcome that favored mandatory membership. We may not like it but we are all adults and would agree with the decision of the majority, but so many things were done dishonestly. It seemed that every week something else came along that was decided in a secretive manner by a small goup of  individuals from the club.

Like your friends have told you, we were all stunned that this was actually happening right here in America. I personally thought this situation would come to an end after only a few months, but it never did and it kept getting worse and worse. I think this situation would be a great case/class study for a psycology classes or students because it's amazing that over the past few years each new board member fell right in line with the original board members view points.

 Shades of Germany under the leadership of a fellow named Hitler.

What a great study in various aspects of the nature of humans. Your father-in-law is fortunate that the residents in section six were intelligent enough to see the "Big Picture" that was looming on the horizon. Dorothy,  Ron and Cathy or Vicki can provide you with a good discussion about Mr. Nelms. They know all details regarding his situation.

You will hear the name Charles Maxwell many times during  conversations about Mr. Nelms, as well as  what's happening here in Dreamland.

I wish you and your family and your father-in-law a happy and healthy 2007.

Take care,

DREAMLANDMAN   

gweevo
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 Posted: Mon Jan 22nd, 2007 03:57 pm
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After following this forum for the past 10 months, I'd like to introduce myself. I'm not a DV resident or, for that matter, even an AZ resident. My family and I live in Denver and every March we spend a week visiting my 81 year old father-in-law who has owned a house in DV for over 20 years. He first informed me of this situation back in the spring of 2004 and has been mailing me news clippings to keep me informed.  Since I discovered this forum last spring, I've been keeping him informed by mailing him print-outs of this thread because, like many other DV residents, he doesn't have a computer or Internet account.

My father-in-law lives in section 6 which, (correct me if I'm wrong here), I believe is the section where the club did not have enough votes to adopt the SADR. Therefore his deed is safe, at least for the time being, correct?

Anyway, I just wanted to add all of my family to the list of people on the side of this "small minority" of dissidents. I'm sure there are many others like us, on your side but in the background, and this list will be growing due to the recent positive coverage by the press.

Whenever I tell other people about what's happening in DV, their reaction is always the same.....disbelief. They say I must have it wrong, that this cannot happen in America.

One of the things we always enjoy while visiting in DV is our evening walks on the nature trail. We bring our hunting dog along and she always used to have a visit with her dog friend Katy, while we chatted with Katy's owner Bob. It wasn't until last fall that, while reading this forum, I came to realize that our nature trail friend was Bob Nelms, and why we had not seem him the last two years. It sickens me to think of what was done to him and I take this whole DV mess more personally than ever.

alasbabylon
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 Posted: Mon Jan 22nd, 2007 02:02 pm
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Dreamlandman:  As usual you ignore the subject matter and babble!  Playing your silly game trying to keep a fire burning, scaring the elderly and your neighbors. 

DreamlandMan
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 Posted: Mon Jan 22nd, 2007 01:21 pm
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ALASBABYLON.........PLEASE EXCUSE MY LACK OF KNOWLEDGE REGARDING THIS THING YOU CALL A HEAD GASKET.

IF IT HAS SOMETHING TO DO WITH AN INTERNAL COMBUSTION ENGINE THEN I'M ADMITTINGLY UNFAMILIAR WITH IT.

MY ONLY MEANS OF TRANSPORTAION IS FROM MY 30 YEAR OLD BICYCLE THAT STILL HAS  THE ORIGINAL "TRAINING WHEELS"  ATTACHED TO IT.

I'M ALWAYS TRYING TO EXPAND MY KNOWLEDGE OF MODERN MACHINERY AND IF YOU HAVE ANY SPARE TIME IN THE FUTURE COULD YOU PLEASE DESCRIBE THIS THING YOU CALL A HEAD GASKET.

THANK YOU AND HAVE A WONDERFUL DAY.

DREAMLANDMAN

alasbabylon
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 Posted: Mon Jan 22nd, 2007 12:50 pm
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Dreamlandman:  Mr Shirey's sister called me about the article that followed R & C's in the trib.  So I picked up a copy!  The point that was important in the article was that only one side of the story was being told by the trib reporter and the Editors run with it as the whole story.   Was it fair and just for the trib to print only the dissIdents side?   If the trib had only interviewed the Board and ran with ONLY their side you would have      BLOWN A HEAD GASKET!

Right!

DreamlandMan
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 Posted: Mon Jan 22nd, 2007 12:11 pm
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Hello Again Ron and Cathy,

I had gone to the grocery store late Sunday night. While there I purchased Sunday's Tribune because I had heard that the current DVCC "Mouth Piece" Ralph Shirey had his letter to the editor published in the Tribune.

Much to my surprise your outstanding letter to the editor was also published. It's a  great letter that completely overshadowed the misleading false information contained in Mr. Shireys feeble letter.

You both have ignited the current widespread interest that's exposing the "Scam"  DVCC board members, past and present,  are responsible for. It's been three straight weekends of positive publicity and what's even more important, it's all 100% TRUE!

KEEP UP YOUR GREAT EFFORTS IN HELPING OUR ELDERLY AND DISABLED FIXED INCOME NEIGHBORS WHO HAVE BEEN RUDELY MISTREATED BY A SMALL GROUP OF SELF-SERVING IDIOTS AND THEIR LAWYER. WE ALL APPRECIATE WHAT YOU ARE DOING.


HAVE A GREAT DAY..............


DREAMLANDMAN

Dorothy7
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 Posted: Mon Jan 22nd, 2007 01:30 am
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Dear Alas:  What research committee?  I have missed a beat here.  Let me know will you?  Even if I have a "special" kind of membership at present.  Ha  Dorothy7

Ron & Cathy Ehninger
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 Posted: Sun Jan 21st, 2007 05:28 pm
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To Ralph Shirley,

Boy do you have your facts mixed up.  If you really feel the vote was straight foreward and if you really know that hundreds of property owners were turned away from the January 14, 2004 meeting who wanted to recind their vote during the solicitation by the club and if you really think this was an honest attempt to force us to join your club , then we urge you to dig in and get the facts straight.  Or you can just watch and see how the court rules on the issues?  Up to you. 

R&C

DreamlandMan
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 Posted: Sun Jan 21st, 2007 03:38 pm
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alasbabylon wrote: Dreamlandman;

In regards to a management company,  it was just a research committee and it hasn't recieved a lot of support on the board.  In fact during  the Town Meeting last Sunday one of Dorthy's most horrible list members addressed the topic.  They said if it was brought before the membership they would fight it all of the way!

Thanks for the information. It would be interesting to find out who on the board first suggested researching this issue and why it was needed? Anyway,  I'm glad to learn some individuals are letting it be known that scrutinization and justification needs to be included as standard procedures.

Now, I need to grab my "crying towel" after viewing the massive amounts of brown leaves and branches on the ficus trees I've spent the last five years carefully growing. I'm praying for a miracle re-birth this spring.

Have a great day!

Dreamlandman

alasbabylon
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 Posted: Sun Jan 21st, 2007 01:06 pm
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Dreamlandman;

In regards to a management company,  it was just a research committee and it hasn't recieved a lot of support on the board.  In fact during  the Town Meeting last Sunday one of Dorthy's most horrible list members addressed the topic.  They said if it was brought before the membership they would fight it all of the way!

Dorothy7
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