Dear Rick, Sarah, the Board, and Whom it may Concern,
I am forwarding you a copy of my March 19th email re: the "legality" of the Family Fun Center and any/all contractual agreement(s) pertaining thereto. Therein, I wish to reiterate the following point due to your request:
" As to the Fun Center contract, I did not draft the document, but did review it prior to execution. Technically, no Board action is required as the contract is void by definition under Arkansas due to default of the developer. "
This interpretation of Arkansas law is valid and I remain firm in my opinion that no further action by the DPOA is necessary or required to protect its interests.
Regards,
JONATHAN D. JONES
Attorney at Law, P.A.
424 Ouachita Avenue
Hot Springs, AR 71901
Showing posts with label Fun Center. Show all posts
Showing posts with label Fun Center. Show all posts
5/01/2012
10/14/2011
Family Fun Center - Up date
I had a pleasant visit with Larry & Reba Brown on Wednesday, October 12, 2011. Mr. Brown explained his background with Cooper Corp. & Hot Springs Village, as well as his connections with Diamondhead. When asked about the Diamondhead Condo Hotel / Family Fun Center:
"We are right on Target. We want to open this up when the economy is on an up-swing. God is in charge, and he will direct us." Larry Brown
"We are right on Target. We want to open this up when the economy is on an up-swing. God is in charge, and he will direct us." Larry Brown
5/27/2011
Board Meeting 5-26-11
Board Meeting 5-26-11
Treasurers Report – Tom Lockette
Tom was finishing the Treasurer’s report. …We have $6,300 bad debit expense that exceeds budget. But I think as we get more payments in on dues we will see that also come into line with the budget.
Family Fun Center
Mr Massey read a letter that was given to him by Larry Brown and dated May 26th. This letter was literally the same as the letter dated 4-27-11. The “Please help me” was changed to “Please pray for your community” and a “P.S.” added that read: “We are still interviewing contractors.” See post dated 5-4-11
All Board members present
Meeting was underway when I arrived at 7:08.Treasurers Report – Tom Lockette
Tom was finishing the Treasurer’s report. …We have $6,300 bad debit expense that exceeds budget. But I think as we get more payments in on dues we will see that also come into line with the budget.
President Ray Massey: “Thank you Tom. Just in ol’ country language, think we are doing okay?” Tom agreed. Treasurer’s report was approved by the Board.
Mr Massey read a letter that was given to him by Larry Brown and dated May 26th. This letter was literally the same as the letter dated 4-27-11. The “Please help me” was changed to “Please pray for your community” and a “P.S.” added that read: “We are still interviewing contractors.” See post dated 5-4-11
5/04/2011
Letter from Larry Brown - Family Fun Center
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| Update from Larry Brown - Family Fun Center click on picture to enlarge |
4/29/2011
Board Meeting 4-28-11
Board Meeting – 7:10 pm
All Board members present
President Ray Massey opened the meeting with prayer.
All Board members present
President Ray Massey opened the meeting with prayer.
3/25/2011
Board Meeting 3-24-11 7:pm
Directly following the Town Meeting at 7:pm
Same members present & absent
You may wish to read the Town Meeting Notes first.
Same members present & absent
You may wish to read the Town Meeting Notes first.
2/18/2011
Town Meeting - February 17th, 2011
Changes have been made to these notes in an effort to correct errors, omissions, and add new information.
Board Members present:
President Ray Massey Mary Pracht
Vice President Jim Hannon Betts Winsor
Secretary Jack Watson Charles Wood
Treasure Tom Lockette Doc Norwood
Board Member absent:
Terry Shipp
Board Members present:
President Ray Massey Mary Pracht
Vice President Jim Hannon Betts Winsor
Secretary Jack Watson Charles Wood
Treasure Tom Lockette Doc Norwood
Board Member absent:
Terry Shipp
1/28/2011
Board Meeting - Thursday Jan. 27th
Last night’s Board meeting was held in the ‘Card Room’. The Banquet Room was being used for an event. The door to the Card Room was left open to allow all members to feel free to enter. As the noise level increased outside the Card Room, it became necessary to close the door to the Card Room. However, the meeting remained ‘open’ to the DH members.
Board Members present:
1/21/2011
11/20/2010
Family Fun Center
November 20th, 2010
Family Fun Center Luncheon
Reba and Larry Brown hosted a luncheon today that was held at the Diamondhead Country Club. The Club provided a great meal. Reba Brown graciously invited me to join them for the festivities. Reba stated, “We are all excited to see what the Lord is doing, now.”
Family Fun Center Luncheon
Reba and Larry Brown hosted a luncheon today that was held at the Diamondhead Country Club. The Club provided a great meal. Reba Brown graciously invited me to join them for the festivities. Reba stated, “We are all excited to see what the Lord is doing, now.”
11/19/2010
Board Meeting 11-18-10
Board Meeting 11-18-10
Ray Massey led in prayer for Diamondhead Community and the decisions of the Board.
All Board members were present.
President Massey called the meeting to order.
Ray Massey led in prayer for Diamondhead Community and the decisions of the Board.
All Board members were present.
President Massey called the meeting to order.
10/25/2010
Town Meeting 10-21-10
Town Meeting 10-21-10
Ray Massey welcomed all members in attendance.
Treasurer's Report: Terry Shipp reported for Tom Lockette on the Financial Highlights: Our revenues are up considerably... I'm sure this is from special effort going into the 19th Hole with special meals. ...In time I think we are going to turn ourselves around here because we are getting more revenues at the 19th Hole and more play at the golf course. Posted 10-21-10
Ray Massey welcomed all members in attendance.
Treasurer's Report: Terry Shipp reported for Tom Lockette on the Financial Highlights: Our revenues are up considerably... I'm sure this is from special effort going into the 19th Hole with special meals. ...In time I think we are going to turn ourselves around here because we are getting more revenues at the 19th Hole and more play at the golf course. Posted 10-21-10
10/21/2010
9/17/2010
Town Meeting 9-16-10
Town Meeting 9-16-10
Ray Massey – President- welcomed all to the Town Meeting.
Tom Lockette – Treasurer
Announced that there was a net income of $6,000.00 for the month of August; compared to the budget of ($970.00)
The Finance Committee discussed “brain storming” for ideas to assist in Diamondhead’s recovery from this down turn in the housing market, i.e. the economy.
Actual numbers will be available at the Board Meeting.
Ray Massey – President- welcomed all to the Town Meeting.
Tom Lockette – Treasurer
Announced that there was a net income of $6,000.00 for the month of August; compared to the budget of ($970.00)
The Finance Committee discussed “brain storming” for ideas to assist in Diamondhead’s recovery from this down turn in the housing market, i.e. the economy.
Actual numbers will be available at the Board Meeting.
9/15/2010
Larry Brown - Family Fun Center
Larry Brown is setting up shop near the "Deli". Mr. Brown has moved into the space between Riveria Utilities and Fairway Wine & Spirits.
440 Catherine Park Road suite B
501-262-2712
http://www.diamondheadcondohotel.com/
Opens October 1, 2010
501-262-2712
http://www.diamondheadcondohotel.com/
Opens October 1, 2010
9/10/2010
Special Board Meeting
The First Agenda meeting for this new board was held Thursday at 10am. Immediately after the board meeting Mary Pracht and Terry Shipp demanded a Special Board Meeting to be held on Monday at 6:30pm to "elect new officers". Why?
6/12/2010
Family Fun Center Agreement - POA / Larry Brown
FAMILY CENTER/CONDO AGREEMENT BETWEEN DIAMONDHEAD HOTEL CONDO, LTD AND DIAMONDHEAD PROPERTY OWNERS ASSOCIATION
6/08/2010
Fiduciary Duty of the Board of Directors
Vicki Hunsinger
In one of my emails I explained that the Board of Directors for DPOA has a clear fiduciary responsibility to the people who elected them to office, the Diamondhead owners. I thought, after learning of how the contract for the family fun center was handled by the Board, that we should all review this "law definition". I know this seems like a long explanation, taken from Wikipedia, but it is important that the Board understands the significance of their fiduciary responsibility to the Diamondhead owners. I sincerely hope that the Board has upheld their fiduciary responsibility because, as you can see, it is a very serious legal duty. These duties include many things; sharing information with owners; obtaining feedback and input from owners; making sure that the privacy and rights of all owners are protected; making sure that the financial aspects of Diamondhead owners are protected; that the Board protects all rights of the owners over the relationships with other entities; and more......I might add that just because a person is delinquent in his annual dues, does not mean that the Board is released from a fiduciary duty to that person.
In one of my emails I explained that the Board of Directors for DPOA has a clear fiduciary responsibility to the people who elected them to office, the Diamondhead owners. I thought, after learning of how the contract for the family fun center was handled by the Board, that we should all review this "law definition". I know this seems like a long explanation, taken from Wikipedia, but it is important that the Board understands the significance of their fiduciary responsibility to the Diamondhead owners. I sincerely hope that the Board has upheld their fiduciary responsibility because, as you can see, it is a very serious legal duty. These duties include many things; sharing information with owners; obtaining feedback and input from owners; making sure that the privacy and rights of all owners are protected; making sure that the financial aspects of Diamondhead owners are protected; that the Board protects all rights of the owners over the relationships with other entities; and more......I might add that just because a person is delinquent in his annual dues, does not mean that the Board is released from a fiduciary duty to that person.
6/04/2010
Special Board Meeting - Family Fun Center 6-3-10
This is a transcription of the tape recorded Board meeting:
Diane Porterfield
(Ray Massey) I’d like to call this meeting to order. Welcome to the people for coming to our meeting tonight. The meeting tonight is a one-item agenda. There has been a request by Tom (Lockette) to add an item to the agenda. He would like to the possibility of adding the Golf Committee recommendations to the agenda for tonight. Tom makes the Motion and Frank 2nds it. [It was unanimously approved.] There has also been a request to add another item to the agenda. We have had a problem with the air-conditioning at the police department. We have some bids for this project to discuss and perhaps, accept by the board. Anyone want to make a motion for this? Come on we need to do it! The air conditioning is out at the police department, not working and we have taken bids and the bids are in excess of what we can spend without board approval. And I ‘d like to add this to the agenda tonight…so we can tell them to do the job or not to do the job. A motion has not been made….Jim makes a motion, Tom seconds it, any discussion?
Diane Porterfield
(Ray Massey) I’d like to call this meeting to order. Welcome to the people for coming to our meeting tonight. The meeting tonight is a one-item agenda. There has been a request by Tom (Lockette) to add an item to the agenda. He would like to the possibility of adding the Golf Committee recommendations to the agenda for tonight. Tom makes the Motion and Frank 2nds it. [It was unanimously approved.] There has also been a request to add another item to the agenda. We have had a problem with the air-conditioning at the police department. We have some bids for this project to discuss and perhaps, accept by the board. Anyone want to make a motion for this? Come on we need to do it! The air conditioning is out at the police department, not working and we have taken bids and the bids are in excess of what we can spend without board approval. And I ‘d like to add this to the agenda tonight…so we can tell them to do the job or not to do the job. A motion has not been made….Jim makes a motion, Tom seconds it, any discussion?