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Old Monday, December 11th, 2006, 07:47 PM
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Default an important message about costa linda

carol, a long time member of this board just returned from aruba. she owns several weeks at costa linda. she has also been very active in the 'happenings' at costa linda since her original purchase.

today she sent me some information as she has to several owners at costa linda and i am posting it here. the first email is from greg wallace. i will leave you to read all of the information. it is self explanatory.

Date: Sun, 10 Dec 2006 17:29:20 -0500
From: Greg Wallace <gwallace@thescannerguys.com>
Subject: Letter to Board with Resolutions

I have attached a Letter of Proposition to the Costa Linda Board asking for the Voting Resolutions attached to be included in June 20, 2007 Member's Meeting.

Article 17, Paragraphs 7 and 8 of the ARTICLES OF ASSOCIATION AND BY-LAWS of the Costa Linda Beach Resort Cooperative Association state that Members can make propositions on matters and subjects to be discussed at a general meeting of the members. A proposition must be submitted in writing at least 6 months prior to meeting, which is this Dec. 20th.

As you know David Schepps and several of the Finance Committee Board Members were at the Costa Linda for a Special Board Meeting during our stay, but offered no sound explanation for the shortfall, no real solutions other than to impose a "back door" fee on membership.

In addition, they have shown shoddy management and questionable business practices by:

1. Not publishing minutes of the last 2 Baord meeting;
2. Called the vote to raise fees "unanimous" when a Board Member Voted "No";
3. 2 Board Members, who couldn't attend, were refused participation via tele-conference even though doing so, is in the by-laws;
4. Improper censorship of bulletin board postings -- Dr. Holley's recent messages were posted then removed from Member's Bulletin Board.

Obviously, we have a "runaway" Board and Management making Autocratic decisions by not listening to Costa Linda Members and even their own Committee's.

During Week 48 we submitted over 100 Names/Shares and there are going to more submitted during this Week 49. We need to get as many names as possible before this Dec 20th deadline.

Hopefully you will be able to pass-on this e-mail and have the following Proposition with Resolutions signed and faxed to the Costa Linda or it can be faxed to my attention, Greg Wallace, at 781-466-8887. We will get it forwarded to the Costa Linda.


the following is a response from carol. after that, in a separate post i will try to copy the included pdf file. if i can't do it tonight, i will ask the wonderful staff at our offices to do it for me tomorrow.


We just got back from Aruba yesterday. As I'm sure you know the retroactive maintenance fee increase was a major topic of conversation while in Aruba at Costa Linda. In addition to the letter received, the lack of answers/information from Management or the Board Members who voted for the increase was very upsetting. It's not a matter of the actual increase, but rather how it was handled. If we do need the increase, I don't think anyone would object to paying. However, people want to know what happened between June and October. Surely if there was an issue, it could have been addressed before the original maintenance fee statement was sent out in July, so the costs associated with a second mailing/collection wasn't needed. Also, no one can give us answer on what steps are being taken to correct this, and what the plan is for the future. A major concern is that if we don't have a master plan to work from, the answer will always be just to raise maintenance fees anytime there is a problem.

Cy Holley had the resort running well, and was on top of all issues when he was Chairman of the Board. Management of the Resort was held accountable, which allowed us to operate on maintenance fees that were held flat for many years. Unfortunately, when Cy had to step down as Chairman due to health reasons in June, Judge Schepps decided he was going to run the resort his way, and didn't want to include Cy in any of the decisions he made. The consequences are that the operation has fallen apart in the six months since he's been in charge. It's also divided the Board, and our strongest Board members that could help get us back on track are being excluded.

Greg Wallace, an owner that we've become friends with during weeks 47 & 48, was good enough to devote a major part of his vacation to doing research for us on the Cooperative Association's By-Laws and Articles of Association. A few other owners helped and they drafted the enclosed proposition/resolution. Greg and another owner took charge walking the beach and pool during week 48 getting signatures on the enclosed proposition/resolution. Other owners took over collecting signatures during week 49, and the hope is to just continue getting signatures each week by passing along this document to the next group of owners arriving.

Those of us who are home are sending this out to all owners we know who were not in Aruba. We want to collect as many signatures as possible before December 20.

If you want to support this please sign the enclosed document. You can either fax it to Greg Wallace at: (781)-466-8887, or scan the signed document and e-mail it to Greg at: gwallace@thescannerguys.com

Also, if you support this, please pass the e-mail on to all of the other Costa Linda owners that you know. We need to get this spread around to as many owners as possible as quickly as possible.

Ayo!

Carol

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Old Monday, December 11th, 2006, 10:34 PM
GregW GregW is offline
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Default Re: an important message about costa linda

December 5, 2006


Costa Linda Board of Directors
J.E. Irasquin Blvd. #59
P.O. Box 1345
Oranjestad, Aruba
Dutch Caribbean

Dear Members of the Costa Linda Board of Directors:

We are writing to inform you that, under the provisions of Article 17, paragraphs 7 and 8 of the ARTICLES OF ASSOCIATION AND BY-LAWS of the Costa Linda Beach Resort Cooperative Association, we the undersigned are submitting propositions for discussion and action at the annual general meeting of members to be held in June of 2007. This is being done in a timely fashion to meet the six month requirement. In accordance with the above provisions, we request that the propositions in the attached document be placed on the agenda for a vote by the membership.

Recent events have created a crisis in confidence in the leadership of the Association. In a span of six months we have spiraled from an operation deemed fiscally sound to one with a $750,000 deficit and no end in sight – and no sound explanation for the shortfall. The “solution” offered by the Board of Directors – to impose a “back door” fee on the membership – not only reflects shoddy management but also questionable business practice. Some of the most glaring examples of poor management include:

∙ replacing the door locks on every unit at a huge cost and continuing to spend
on discretionary items at a time when a $250,000 shortfall had already been
established
∙ failure to delay salary increases and bonuses and stop new hiring until a
make-up plan to address the shortfall is developed and presented to the
members
∙ replacing the chairs on all two bedroom unit porches, which was included in
the 2005-2006 capital budget, but should have been postponed at the first
sign of budget imbalance
∙ failure of the Board and management to take steps to address the budget
shortfall, and of the Board to make management accountable for that shortfall
∙ using a budget process in which expenditures are not based on predictable
revenues, and then unilaterally imposing higher maintenance fees

All of this also brings into question the trust the members have placed in their directors. A number of factors have contributed to this erosion of trust:

∙ failure to provide minutes of the most recent and controversial Board meeting
in a timely fashion, while claiming the decision to raise the maintenance fee
was unanimous – a fact that is in dispute
∙ failure to include on the published agenda of the same meeting any reference
whatsoever to the additional assessment
∙ removal from the Members’ Web Site bulletin board a posting on this matter
from Cyrus Holley, former Chairman of the Board of Directors, one of three
current Board members who oppose the manner in which the financial shortfall
was handled.

We find these actions by the Costa Linda Board of Directors unacceptable, and are determined to take appropriate action to ensure that the Costa Linda Beach Resort Cooperative Association is run in a fiscally responsible manner and is restored to a member oriented operation.

The Members of the Costa Linda Beach Resort Cooperative Association:


Sign here:


Name Unit Number(s) Weeks


_________________________________________________________

_________________________________________________________

_________________________________________________________

_________________________________________________________




ATTACHMENT to
Letter to the Costa Linda Board of Directors, dated December 5, 2006


Proposition 1

Members of the Costa Linda Board of Directors who voted to increase the maintenance fees, without a full and open discussion with the membership and no accountability from management for the fiscal shortfall, shall be removed, in accordance with Article 19, paragraph 4 of the of the ARTICLES OF ASSOCIATION AND BY-LAWS of the Costa Linda Beach Resort Cooperative Association. Those Board Members to be removed are: David Schepps, Steve Berger, Keith Walker, Mike DeLisle, Rue Arends, and Marvin Dupersoy.


Proposition 2

That the ARTICLES or BY-LAWS be amended to provide a draft of the minutes of meetings of the Costa Linda Board of Directors shall be provided to all Board members within 72 hours of each meeting, and official minutes with Roll Call Votes shall be provided to the general membership within seven days of said meeting.


Proposition 3

That the ARTICLES or BY-LAWS be amended to provide that a statement of financial operations of the Costa Linda Beach Resort Cooperative Association shall be provided biannually to the full membership.


Proposition 4

That BY-LAW V (ELECTION OF BOARD MEMBERS), paragraph 2 shall be amended by addition as follows:

2. Members may also make nominations for persons to fill vacancies on the Board in writing or in person at a general meeting. Ballots for election of Board Members shall provide at least three places for write-in candidates. (Added language in bold italics.)
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Old Saturday, December 30th, 2006, 02:17 PM
Alan Carlin Alan Carlin is offline
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Lightbulb Re: an important message about costa linda

BE CAREFUL WHAT YOU SIGN FOR – YOU MAY BE MISINFORMED!! Read Judge David Schepps' Letter from the Chairman 12/27/06 where your eyes will pop!!

DON’T SIGN A PROXY OVER TO GREG WALLACE WHO HAPPENS TO BE THE GUEST OF CY HOLLEY AT COSTA LINDA THIS WEEK! – A COINCIDENCE??

Just so you have some additional facts to consider before you arm Cy Holley and his friends with a powerful voting Proxy using your votes........

Cy Holley has indicated to some members that he would like to sell his units. It is my opinion that if he does, he would be competing for the same dollars that could be gained by the Membership for the sale of Costa Linda’s unsold weeks. Cy’s sale goes into Cy’s pocket – not Costa Linda’s.

Cy Holley had been Chairman of the Board while the Board used the questionable accounting practice of taking money from the sale of inventory units at Costa Linda and entering those funds into the Maintenance Budget to offset the deficit caused by not properly increasing the Maintenance fees to match the budget for six years. He then boasted about his “success” in not raising those fees. Now we Members are having to make up for this deficit that could have been avoided by assessing smaller increases each year to match the corresponding budget accepted by the Members.

DON’T SHOOT THE MESSENGER – Judge David D. Schepps is now Board Chairman (unwittingly chosen by Cy, who did not realize that the Judge would blow the whistle when he uncovered what Cy had done!). We should THANK Judge Schepps for alerting us – don’t punish him for exposing and dealing with the financial mess Cy had created over all these years! We are not bankrupt, but if David Schepps allowed this refusal to increase fees to continue, we would be!

And watch out for Greg Wallace! Do you really know him well enough to place your trust and your Proxy in his hands? And who is Mrs. Linda Rapaport? Another friend of Cy whom she met in Aruba! And what is their agenda in respect to Cy Holley? Are they going to place themselves on the Board (Using your Proxy) and act as Cy Holley’s puppets? We already know what Cy (not David Schepps) has done (or should have done) as Chairman – and he has the nerve to blame David Schepps??

I have personally met and conversed with Greg Wallace since he is at Costa Linda during one of the weeks I am there. I have witnessed him enjoying making practical jokes to “jokingly” rile the Members and Management, even printing and showing fake memos supposedly (but not truly) posted by Management. Is this the type of individual you want to undersign as your representative? When I privately mentioned to Greg Wallace my intention to try to request that a Members’ Address list be made available to the Members, he predicted that I would never get it. Guess what happened? My attempt was blocked by Cy Holley! Coincidental? And Cy, on the telephone with Joy, while I was in her office asking for the List, ordered Joy not to let me see that list even though the BY-LAWS clearly stated it was a Member’s right to request and examine or copy that list. Cy then had the By-Laws revised at the next convocation to legalize his blocking the Members’ access to that list. Now Greg wants his own “Members List” with access information ( Member’s’ Fax # and Telephone #) he can glean from the sheets that Members like you directly Fax to him when you sign and send your Proxy! PLEASE DON’T FAX or you will be on his “list”.

THANKS and Happy New Year! – Alan Carlin , Member weeks 10,11,12
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Old Saturday, December 30th, 2006, 04:06 PM
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Default Re: an important message about costa linda

Alan, yes, Greg does love his jokes. However, in regards to this issue he is dead serious. He gave up his vacation to do a lot of work on the owners’ behalf. He spent his time fully researching the Costa Linda Articles of Association and By-Laws to see what recourse we had. I, for one, am very grateful for all of his hard work. There was another owner that week who also gave up most of her vacation to work with Greg, and through their efforts we got the ball rolling.

You clearly don’t like Greg for some reason. I don’t know why, and I don’t care to know why. However, I ask you to separate your dislike for the person from the issue at hand.

I also believe you are incorrect in your statement that Linda Rapaport is a friend of Cy Holley. I am at Costa Linda the same time as Linda, and I’ve never seen her spend time with Cy, other than to say hello when they are on the beach at the same time. She is just another owner, like me, who is unhappy in what has happened over the second half of this year.

Personally, I found the letter from Judge Schepps that was posted on the Costa Linda Members Only page yesterday appalling, unprofessional, and unwarranted. It says right on the Costa Linda Members Bulletin Board page that: “Slander, profanity, libel or insults will not be permitted on the CLBR website or it's Forums.”. Yet the Judge chose to post a letter that was all of the above. If you read the letter carefully, it’s all Judge Schepps’ opinions and suppositions, but there aren’t any facts. For instance, he said: “He is also apparently behind a petition seeking the removal of six board members – only those who disagreed with him.” That statement is false. I was at Costa Linda when the proposition/resolution was first drafted and circulated. Cy Holley had left Aruba before this was worked on and drafted. We, the owners that were at Costa Lind, were fed up and worked together on this. Neither Cy Holley, nor any other Board member, was behind this.

As for your statement that Cy Holley would be competing against us if he sold his units just doesn’t make any sense. Are you saying that no owner at Costa Linda should be allowed to sell their unit until the Cooperative Association sells all of the unsold units first? If you are, you are not going to have the support of the other owners. If any of us have the need or desire to sell our units, we shouldn’t be hindered in our efforts.

I posted a response to the Chairman’s letter on the Costa Linda Bulletin Board. I am waiting to see if it is approved and shown on the Bulletin Board, or if I will be censored like so many others. If I am censored, I will post my response here for all to see.

To all the other Costa Linda owners out there, I implore you to think for yourselves. I was at Costa Linda when the special Board meeting occurred. What Judge Schepps neglected to say was that he approved having the October board meeting in the Dominican Republic, not at Costa Linda where it should have been. He also denied two Board members the right to participate via teleconference, which they were allowed to do per our by-laws. Had he allowed participation via teleconference, there wouldn’t have been the need for a special Board meeting.

Two of the members of the Finance Committee, Mr. Berger and Mr. Walker attended the Manager’s meeting the day after the special Board meeting. The situation turned ugly quickly, as they were not able to answer the questions posed by the members – including simple questions like “What was the budget?”. I don’t remember if it was Mr. Berger or Mr. Walker, but someone called one of their fellow board members a liar, and the following comment was also heard from Mr. Walker: “I’m retired and don’t need this aggravation”. The only time there was silence was when Mr. Holley spoke, and he was the only person at that meeting that had the respect of the members.

We still don’t have any answers, just a lot of finger pointing and excuses. There still isn’t a plan in place. I also want to know why Judge Schepps removed the one Board member from the Finance Committee that had excellent experience in running successful, multi-million dollar companies (and I’m not referring to Cy Holley).

I work for a very successful company, and all of our decisions are P&L driven. We all know the impact to the P&L before we move forward. This is something that is clearly lacking at Costa Linda right now. If there was more P&L focus, they wouldn’t have continued with unnecessary spending when the deficit first appeared. For instance, why were the door locks replaced? During the 2+ weeks I was at Costa Linda, there were more problems with the new door locks than we ever had with the old door locks. It was a waste of money, and I see the need for more expenses down the road when we have to replace this system that isn’t working.

It’s time to take back control of our resort. Please vote and fax your vote to Greg. If you are uncomfortable doing this, assign your proxy to Linda, and send me a PM. I’ll be happy to work something out for you.

Carol Bengis
Owner weeks 20, 21, 22, 47, and 48
__________________


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Old Monday, January 1st, 2007, 06:52 PM
GarySundance GarySundance is offline
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Talking Re: an important message about costa linda

If it's the Alan Carlin that I know, he thinks he is a diver, is very intelligent, but is often misled by others whom he cares to take sides with.

Several years ago, he got sucked into helping pass a petition around about the luxury suites, the board being able to spend more than $100,000, and having the members' list available to all members.

Chuck Gatcliff got him all wound up about the luxury suites blocking his view, which wasn't the case and the plans were in a very early stage.

Norm Michaels and others got his underwear really tight about making the members list available to all members. This would have been a bad thing for someone to have because it could end up in the wrong hands and having someone's contact info, address, weeks they own ... when they get back from their weeks in Aruba, all their living room furniture would be gone. In fact in Alan's post he mentioned he owned weeks 10, 11, & 12.

The $100,000 spending limit is a good example of his mis-led ways because it was in place and part of the By-Laws and Articles as I understand it. Now he wants to back Schepps and the Jesse James gang (Berger, Walker, Joy, Pearl) and doesn't seem to understand what's happening at the Costa Linda. By reading all the Letters, Propositions, and Posts going back and forth, it is evident that they have spent more than $100,000 on more than 3-4 occasions without getting Members approval and by passing the By-Laws and Committee Chairs.

Having been there on and off during those weeks, it is usually April Fool's Day and Alan is an easy target.

Last edited by dwippies; Monday, January 1st, 2007 at 07:24 PM. Reason: too much personal information... our members have a right to privacy
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Old Monday, January 1st, 2007, 07:20 PM
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Default moderator's note

we need to set some ground rules for both sides. this is directed specifically at gary and alan and in general to any other poster on this or other threads.

1. we do not give out a member's personal information such as name, address and phone #. it is against our rules and has always been. our members have the right to their privacy.

2. we do not flame members. that means, i don't give a flying fig what side you are on. you can't insult each other. this board is here for everyone. it is an open forum. we have the right to opinions even if they disagree.

3. i also don't give a damned what side you are on. don't make it personal. in this specific forum we are talking about a problem with a time share. personalities aren't important. we can make our own decisions and when you act stupid you are judged as stupid.

4. i will leave the two offensive posts up. see highlighted section of #3. however, although i believe in an open forum, i will not tolerate anyone breaking the rules of common decency.

that's it folks. now i am going to try to digest some dinner.
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Old Monday, January 1st, 2007, 08:08 PM
GarySundance GarySundance is offline
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Thumbs up Re: an important message about costa linda

Sorry about the address information. I was just trying to prove a point to Alan.

I will send it to key people I know directly so that I don't abuse your BB.

I understand your comments and apologize.
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Old Monday, January 1st, 2007, 08:18 PM
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dwippies dwippies is offline
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Default Re: an important message about costa linda

gary, thank you for your understanding. i have to keep a balance here. it isn't important what side i am on. it is important that we let all sides have their say. the truth will win if we do.

Quote:
Originally Posted by GarySundance View Post
Sorry about the address information. I was just trying to prove a point to Alan.

I will send it to key people I know directly so that I don't abuse your BB.

I understand your comments and apologize.
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Old Monday, January 1st, 2007, 09:42 PM
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Default Re: an important message about costa linda

i have been asked to post this for the author. she is having a problem with signing in and sent it to me.

before i copy and paste it, i will say that as a moderator, although i may have personal feelings about this matter since i am an owner, i am not going to take sides. i will be glad to post whatever needs posting for anyone.


Dear Costa Linda Members:

As owners of (4) weeks at Costa Linda, weeks 12, 13, 48 and 49 we were able to attend the General Manager's meeting with Joy on Week 48 in which one of our Board Members, Sue (Pittman) de Roos attended with us. She was very forthcoming about the facts for the Board of Directors meeting that took place in the Dominican Republic. She was not allowed to attend via conference call, therefore she had no say in the vote that took place. She was very honest in answering questions to all owners who attended this lengthy GM meeting with Joy.

I was very much involved with the petition we are circulating to bring the matter of our current Board members and their handling and/or mishandling of the budget for our current fiscal year. We really need to review our current processes of setting our annual budget and accurate reporting to all members. We need to be in charge of our own destiny, this is our timeshare and our resort and we need a Board of Directors that are open and honest and accountable with our money. The questions being asked by the owners are not being answered with a reasonable explanation of why was the Budget not reviewed and "fixed" when they knew we did not have enough income to continue spending money we did not have.

I believe the petition we are circulating to review our current Board of Directors and their removal is a very sound financial decision we need to give serious consideration. We also need to consider how we elect our future Board Members. We need Board Members who are willing to take the responsibility of sound financial decisions based on operating income and adjusting the Budget based on the money we have. Our budget was set on money we did not have, it was set on the expectation of selling off the units we purchased from the Costa Linda funds and then we did not sell them. We should focus on selling off these units and coming up with a Strategic Plan of how we are going to sell them and then we would have all the necessary funds to maintain our beautiful resort in the manner we all expect.

Please support this petition and let's replace the Board Members who do not want to respond to our concerns for the future of OUR resort!!! I want to thank all the members of weeks 48 and 49 for signing and supporting the petition to make the necessary changes in how we elect a Board Member and keep them accountable to all Owners!!! Keep in mind this our Resort and we should all participate in how we want our future Board of Directors to run Costa Linda. We need sound answers to our reasonable questions.

Sincerely,

Jeanne S
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Old Monday, January 1st, 2007, 10:20 PM
ejsavaria@aol.com ejsavaria@aol.com is offline
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Smile Re: an important message about costa linda

Hi Sherry - Thank you for posting my letter, I have been able to activate my account. I believe if we stick with the facts, as we know them, we can make the right decisions for the future of our resort.
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Old Tuesday, January 2nd, 2007, 08:59 AM
GregW GregW is offline
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Default Response to Al Carlin's Note

Have been off-line for a few days enjoying the New Year in Aruba. It was my first and anyone who hasn't had a New Years in Aruba, especially at the Costa Linda should.

I didn't even get a chance to respond to Al's post, but Carol and Gary really summed things up. Al seems to have taken this personally and not logically. Yes, we do a lot jokes and have fun in Aruba around April Fool's day, we even did a Letter years ago closing the swimming pool for a week. Not to pass the credit/blame for all these jokes, there were also a lot of members in the upper deck of the pool that contributed.

I think Al has taken this personally because several of the jokes were directed to him. Unfortunately, he has not looked at the facts and the seriousness and concerns with which the members are looking at these events.

Schepps's posting and even Al's were very unprofessional and undignified personal attacks. We are trying to dig into the facts.

Is it a coincidence that these personal attacks were done within hours of each other? If Al has been able to contact Schepps, we as members, have not able to directly, maybe he can help us. It sounds like Al is Schepp's puppet.

We will be making the Minutes of the June 7th Board Meeting (held the day before the Annual Members Meeting) available to members shortly. From these Minutes, there are at least 10-12 inconsistencies between Schepp's post and the Minutes. We are going to compare the two documents and publish the details.

We are also trying to obtain the Minutes from the Oct 30th Board Meeting and Nov 27th Special Board meeting. We are being stone-walled on getting these. I wonder why? Management and Schepps are in direct violation of our Costa Linda By-Laws by not releasing this information.

I believe this is something Al had protested about several years ago. If Al is sincere in trying to find the details then maybe he can help us in getting the Minutes.

We the Coalition have spent many hours researching and talking/negotiating with several Board Members to resolve issues in a positive manner. I was invited to Aruba to attend a summit meeting between Dr. Holley and Schepps, which a former Board Member was in the process of setting up. While this was happening, Schepps and Al were writing their posts, and had the opportunity of at least postponing their posts until this meeting was a GO or NO-GO.

I have found out that the Coalition was not invited to this meeting and we are trying to make sure we are present. I'm not being cynical, but I think it would worthwhile if Al could attend also.
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