The ultra vires exercise of power simply has to be challanged and the tort feasors held accountable. There is no dark side, only the legitimate exercise of power or something else. When we are coerced into the something else we start down a slippery slope from which there is no return and rules to fit the circumstances are created and imposed - the By-Laws will have become notes of convienence. Once power is granted it is very difficult to retract. See:
http://en.wikipedia.org/wiki/Ultra_vires
The following letter has been sent to MROP regarding the assessment: It is my hope that readers of this posting may find something useful by reading it.
Mr. Gerald Thompson, Secretary
Multiple Resort Ownership Plan
1521 East 3900 South,
Salt Lake City, Utah 84124
Dear Mr. Thompson,
Recently, I learned of a special assessment required to “…eliminate all outstanding loans…” related to certain properties that the MROP Board of Trustees has decided to acquire for use by the membership.
In reading through the Corporate Charter and By-Laws I have noted the “Purpose of Assessment” is defined in Section 7.02 and that Section 7.04 defines the requirements for the levying a “Special Assessment”.
The December 5, 2007 letter from MROP President Noel S. Hyde, announces the levying of a “Special Assessment” that meets none of the definitions of “Purpose” nor does it meet those of a “Special Assessment” nor does anything in the President’s Letter meet the requirements of a “Special Assessment” as defined in the By-Laws.
The By-Laws are explicit: "However, Special Assessments shall not, in the aggregate, exceed 25% of the Maintenance Assessment for the applicable fiscal year, without a vote of the majority of a of a quorum of the members to approve such Special Assessment beyond 25%"
Therefore, your presentment of “Special Assessment” has been refused for cause and is attached herewith.
Not withstanding anything in the foregoing, I have several questions relative to this acquisition and Mr. Hyde’s Letter:
1. Was there a polling of the membership to determine whether or not sufficient membership interest in that geographic area warranted acquiring properties at the Canyon Villas at Coral Ridge?
2. On what date did the MROP Officers and or Board of Trustees arrive at the decision to acquire the Canyon Villas at Coral Ridge property?
3. Is this decision reflected in the minutes of the Corporation?
4. Were other geographic areas considered at the same time as the Canyon Villas at Coral Ridge for acquisition of additional timeshare units?
5. Was the legal counsel retained by the Corporation apprised of the facts of the purchase of Canyon Villas at Coral Ridge either before or after consummation of the transaction?
6. Did the counsel provide advice to the Board of Trustees or the Officers of the Corporation regarding this the purchase of the Canyon Villas at Coral Ridge?
7. If advice was provided by counsel is that advice a matter of record in the minutes or records of the Corporation?
8. During the meeting at which the decision was made to acquire 12 units at the Canyon Villas at Coral Ridge were the MROP Officers and or Board of Trustees aware that it would experience a shortfall of funds during the consummation of the purchase?
9. During the meeting at which the decision was made to acquire 12 units at the Canyon Villas at Coral Ridge did the MROP Officers and or Board of Trustees discuss the fact that the magnitude of the special assessment was in excess of the limits established in Section 7 et. seq. for a special assessment?
Please do not ignore this request for information.
Kindly notify me of the time and place of any Special Meetings of the Members.
Respectfully,
?