Timberlake - Ramah News Archives: Letters to the editors
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TRnews editors:
Roger Irwin
Tim Amsden
Contact the editors at:

Advisory Board
Perry Cole,
Nancy Dobbs,
Claire Knowles,
Linda Pederson
Carol Rodda
David Skinner

Alfred E. Neuman

 

 

 

 

REBUTTAL TO E-MAIL " REASONS FOR NOT MAKING A DEAL WITH THE GARCIA AT THIS POINT".

     We did not pursue this litigation, but it was put upon us by a past Board. We did not want any of the
problems with the lawsuits. It is not our idea of fun to spend $50,000.00. The same violations were
already on the Ranch several time over.
     The other multi-residences have the same facilities as ours, and also have permanent
relatives living in them as we do (Robert's sister only spent five months on the Ranch last year,
less than most "snow birds"). The point that the other properties with so called "guest houses",
the designation which is not in the CC&R's and has been adopted by previous boards does
not give it credence. The statement the the second building is larger than the original log
home is a falsehood, and in fact is only 1,200 square feet in size.
     According to the CC&R's, landowners can have as many as four rental units, which are full size
residences and not necessarily all under one roof as some boards have decided is the
requirement (not spelled out in the CC&R's).
     The lawsuit states that it applies "only to our property" and any other violations must be
addressed separately. Therefore, no matter the outcome of a trial, the Board will be required
to sue all the other violations on an individual basis, running into hundreds of thousands of dollars.
Those that advocate litigation, do not seem to grasp the consequences. To deny the fact that
previous Boards were not aware of the residence violations were either in denial or were hiding
behind the concept of "complaint driven" which is not found anywhere in the CC&R's,
but in fact, requires the Boards to actively pursue violations and correct them.
     In reference to modular homes or bringing structures onto the Ranch is totally wrong.
When a Board approved a "Deltec", which is transported on a truck in twelve sections with doors and
windows attached and assembled as a Manufactured Home which comes in two sections, neither of which
can be moved, once they are assembled.
     If the statement that the Board has "no authority to adopt architectural standards", why is there
an architectural committee to which land owners must submit their plans to. Why must the
Construction Industries of New Mexico require an approval stamp from the Board in order to issue
a building permit. This is all pure nonsense.
     If litigation continues, and the suit goes against the Ranch, some would say to go back to the Appellate
Court, continuing a long chain of events which will never end. Because the Garcia case is only the tip
of the iceberg and only concerns the Garcia property. Each and every violation which has a manufactured
or so called "guest house" will have to be pursued in a court of law.
     We all agree that the CC&R's must be corrected, but rather than attempt to change them totally,
a modification to the language as they are written may be the answer. No where is it written that
the language cannot be changed so that interpretation is not required.

           --Robert and Jo Garcia


TRLA Board Evolution

     For the last two years this landowner has been a thorn in the side of the previous president of TRLA. His personal agenda, exclusion tactics, and leadership skills alienated me along with many others. I protested by not paying my assessment dues. Now we have a new President, Richard Hawkins, who is determined to regain the confidence of Timberlake landowners. He and the majority of the board of directors removed the former president from the board and another board member later resigned. This left two vacancies. The new board under the leadership of Richard Hawkins used a democratic process in filling the vacancies. They interviewed all interested candidates fairly and without prejudice. The new appointees were David Skinner and Linda Pedersen. They have also hired a very competent, communicative ranch manager who has started assessing and improving side roads that are in bad need of graveling. Now I feel this board has the right tools to move forward in a constructive way and accomplish the mission of TRLA.

     Therefore, I have ended my assessment fee boycott and I'm asking those landowners to follow suit and give the current board a chance. This board consists of resident landowners and nonresident landowners that drive round-trip from Tucson and Albuquerque to volunteer their time for the good of Timberlake Ranch.

-Danny Montoya


     (Posted 12-16-05) I appreciate what Danny Montoya had to say about how the new board is operating and I heartily agree that the two new appointees are very willing to serve and I support them fully.

     Our problems with the state of affairs at Timberlake Ranch did not occur over night nor will they go away unless this current board is willing to share its power with the community, rather than power over, for which they represent. There are many gifted folk living at the Ranch full time and need to have more imput into the decision making process for this community to regain its trust in the leadership of this Community. It would be advantageous to everyone on the current board and this community to research how a better process could be employed.

-Carol Rodda


(Posted 6-8-05) I read all these articles concerning our roads and no matter what happens if no one stabilizes the road from the highway to our main gate what good does any of it do if you can’t get into Timberlake. My husband and I took a trip in March of this year when it had rain heavily then turned into snow overnight. I still don’t know how we got out it was very scary and we have four wheel drive. I just wish someone would concentrate on getting with the Indians or whoever owns that section of road to see what can be done to improve it instead of wasting time on widening and tearing down precious trees to widen roads that don’t need widening. Timberlake is a beautiful place and if you live there then make sure you have four wheel drive and if your road needs some gravel put it there yourself if you can’t wait for the association to do it. Just my opinion on why we spend so much time on issues but forget the ones that are most important. -JP


Community Chat Editor,

I just want to clarify some miss information or impressions that some of the landowners might have concerning the activities of the current board. The following statement was part of an article in the current trnews.info.

Higher Property Taxes At Timberlake Ranch?! (Posted 4-21-05) stated in part, “The board continues to exercise what they call their "executive committee" authority and making decisions that are not fostering community spirit and trust.”

Let me make it perfectly clear. The board members are not making any of the decisions that have been made over the past months. The executive committee and/or Pat Wallace are making the decisions.

Having members on a board, with Pat Wallace as president, is null and void a complete waste of time because he does not involve any of the board members outside of the executive committee in any of the decisions being made. The decisions have a significant impact on Timberlake landowners.

At the end of March’s meeting, I asked when our next board was going to be. I was told that we weren’t going to have one until the May meeting. It was stated to me, “Do we need to have a meeting for everything.” I said, "I guess we don’t need a board since we don’t have anything to discuss."

The Corporate Bylaws, Article XI, BOARD OF DIRECTORS, states in part, (Bolded for emphasis) “The Directors will manage the affairs of the Corporation and may act only as a Board with each Director having one vote. The Board will take all action necessary and appropriate to comply with all obligations and duties of the Corporation as provided in the Declarations, the Regulations, the Articles and these Bylaws. The Board will keep a complete record of all corporate affairs, will present a statement of the corporate affairs to the Members at any special meeting called and held after the Venture becomes a Class A Member when requested in writing by Members representing twenty-five percent of the votes of the Members, and will supervise all officers, agents and employees of the Corporation to see that their duties are properly performed.”

Obviously Executive Committee and/or Pat Wallace don’t need t follow the Corporate Bylaws. The Board is supposed to manage the affairs of the Corporation not the Executive Committee and/or Pat Wallace. I will guarantee that if you ask the executive committee /and/or Pat Wallace if they have a copy of the complete record of all corporate affairs that they transacted since they took office, you will not be provided one because they don’t exist.

After March’s meeting I waited to see if I would be contacted on any business that needed to be conducted by the Board. I was not contacted except to be asked by Howard if I wanted my name put on the ballet, and I indicated, “why the board is not making any decisions”, and I didn’t want my name on the ballet. Since that conversation I’ve resigned from the board.

I wish I had some suggestions to help fix the situation. I guess as landowners, we could ask for copies of all the transaction that have taken place since Mr. Wallace took office.

Another concerned landowner.

Jerry Ackerman

gerryack@aol.com


Higher Property Taxes At Timberlake Ranch?!

    (Posted 4-21-05) We did not attend the March 5th TRLA monthly meeting but were disappointed (again) upon reading the transcript taken from a recording of the meeting. The board continues to exercise what they call their "executive committee" authority and making decisions that are not fostering community spirit and trust. At the end of February 2005 there were 2 vacancies on the board. The board headed by president Pat Wallace pulled the plug again for a fair election at the upcoming annual meeting when we hoped to be able to vote on candidates to fill 4 positions. This proxy elected board reappointed their appointed board members to a longer term leaving only 2 one year terms to be filled at the annual meeting. What this means is that the current board is stacked with president Pat Wallace's appointees closing the door again for a fair election thus silencing the voices of those landowners who have a different vision for TRLA. It doesn't take a rocket scientist to realize that whoever is elected to fill the 2 one year positions will have to verbally agree with Pat Wallace's agenda and priorities or face the same frustration and alienation as 2 previous board members did and consequently resigned.

    This board continues to harp on current problems being associated solely as the fault of previous TRLA boards reflecting their entrenched animosity towards them. It is inherent that all boards will inherit problems just as there is always old business in meetings. We all agree the CC&Rs need to be revised. As to what degree hinges on how and when the current court cases are settled. My quandary lies in their "new business priorities". All I keep hearing is the only possible solution for the survival of TRLA is to split it into multiple associations with an umbrella TRLA. Why do I not hear "what do we need to change to keep one association and plug the loopholes in the CC&Rs?" Can't one of all these lawyers be directed to give the board an answer?!

    This board purchased a new computer along with leasing a Xerox machine to promote monthly communication with the landowners and terminated what they considered a costly Timberlake Times along with the TRLA website maintenance. Has anyone noticed a significant increase in the monthly communication from the board or timely updating on their website (www.trla.net) to justify this expenditure?

    TRLA owns a dump truck that was purchased by the previous board. Their ranch foreman used this truck extensively. The previous board bought three different sizes of gravel and stock piled it at the ranch house to use for potholes and problematic muddy road areas. The truck was also used to move culverts for installation at landowner's lots, hauling brush trimmings from roadsides and other productive chores that served the landowners well. The current board has not even moved this truck since they took over. They continue to speak negatively about why it was acquired by a previous board and Pat Wallace places a higher priority on the $300-$400 yearly liability insurance than it's potential usefulness.

    The roads in Timberlake Ranch have showed improvement in the last 8 years. The current board continues to give themselves credit for all road improvements. The fact is there was more gravel placed on back roads by previous boards than by this current board. The previous board (with the help of landowner's letters to county officials) started a dialog with McKinley and Cibola County that lead to Timberlake Road improvements funded by those counties. I am perplexed as to the rationalization of the board in placing 40 tons of gravel on the lakeside boat launching area which is probably 6' underwater by now. This board has recently graveled parts of Black Bear, Pinion and Lobo roads with base coarse gravel (½"-1"). This type of gravel will not establish a firm gravel base needed to prevent muddy and slick conditions during wet weather. The previous board graveled parts of Black Bear Road with 2" gravel in 2002. This grade of gravel has established a firm base and continues to make the road passable during adverse conditions three years later. The current board needs to bury the axe and consult with the previous boards on such topics as road maintenance. This kind of communication will foster community reconstruction.

    According to Pat Wallace the county should have never approved the Timberlake development because the roads do not comply with the New Mexico Subdivision Act and when a Public Improvement District (Class C Standard roads) is established he proposes to lower our assessment fees from $130.00 per year to $25.00. This supposedly is just enough to pay for the property taxes and maintenance of the common areas. Where will McKinley and Cibolo counties get $,$$$,$$$.00 to pay for these road improvements? The counties will contract these jobs out and depend on bond issues and special assessments to finance them. Eventually the cost will trickle down on all TRLA landowners, non-members, Box S residents and those people using Forest Road 157. Our TRLA assessment fees may decrease but our property taxes will dramatically increase according to acreage. We paid $109.84 property taxes for a 5-acre parcel of vacant land in 2004. Our 2005 Notice Of Value from the McKinley County Assessors on this lot including our new home is a good example of a substantial increase in property taxes and that is without a Public Improvement District. Only 7% of rural residents in McKinley County live on taxable land. If this board has its way, you will be paying the kind of property taxes that residents of big cities are paying or higher. Do we really want to lose our quaint rural atmosphere by increasing the width of our back roads from approximately 22' to 34' thoroughfares? This is what a Public Improvement District is all about. Can you image the deforestation if this were to happen? Won't this also increase speeding problems, dust pollution and accessibility to secluded areas thereby increasing the potential for criminal activity?

    Once a Pubic Improvement District is established McKinley and Cibola counties will maintain Timberlake Road and all side roads at a cost of $195.00/mile/year. We bought base coarse gravel last summer for $11.00 a ton for our driveway. Current price for base coarse gravel is $13.35/ton, 1" clean fine gravel is $14.50/ton and 1½"-2" leach rock is $14.00/ton. One truckload carried 20 tons costing us about $220.00 and that didn't even cover a tenth of a mile. Howard Williams, board secretary-treasurer, claims there are approximately 26.5 miles of roads in Timberlake Ranch. What this means is that McKinley and Cibola counties will spend $5,167.50 ($195 X 26.5 miles) on road maintenance per year. How many times will they grade and gravel Timberlake Road and each back road for that price?

    The board lead by the president Pat Wallace has no intention of giving up their authority for the next two years. They will continue to lead with a myopic approach to solutions. Silence only validates this proxy self-appointed board. The future of Timberlake Ranch rests in the hands and on the shoulders of all landowners.

    My wife and I decided we do not want to walk on the path this current board is leading TRLA and will not pay our 1st half assessment fees for 2005 nor any other fees until a new and fair election is held. When 197 landowners (almost 1/3 of the membership) fail to pay their assessment dues, this reflects their distrust and dissatisfaction of the leadership. We do not support the legitimacy of this board and are further frustrated that we were not allowed to vote and select 4 candidates at the next annual meeting this May that coincides with our vision for TRLA.

    As more landowners become aware of the current board's authoritarian tactics, more will refuse to pay their assessment fees and use the current CC&Rs to legally tie the hands of the board just as others have tied the hands of previous boards. This board needs a 51% vote from the landowners to approve the Public Improvement District. Without the landowner's assessment fees this board is dead in the water with no CC&Rs or by-laws to rescue them. Without one TRLA (not multiple), enforceable CC&Rs and active participating landowners there will be no more road maintenance, no more common areas, open season for single/double wide trailers, commercial businesses, multiple family units/condos on individual lots, substandard home building and no control over livestock and domestic animals. On the other side of the coin, your property taxes will continue to increase as your property values decrease.

    Therefore, I am asking this male dominated board to capitulate and sponsor a fair election placing themselves (ALL Current Board Members) along with other candidates on a new ballot so that all landowners are allowed the right to choose the candidates that best fits their views for the future of TRLA.

    Let your voice be heard and your vision for Timberlake Ranch be known!

-- Danny Montoya


(Posted 3-11-05) Please post the following letter on Community Chat. Let folks know it was hand-carried to all Board members at the March 5th meeting. I have not heard from any Board member as of now. -David

Board of Directors
Timberlake Ranch Landowners Association
HC 61 Box 767
Ramah, NM 87321

February 19, 2005

Dear TRLA Board,

I am a recent resident at Timberlake Ranch, moving here in July of last year. After reading the February TRLA News Letter and from my more than twenty years of management experience, I have several observations to share with all of you. My intention in writing this letter is not to "dump" on the Board. Rather, it is to provide you with "food for thought" that I hope will help improve your performance and reduce the level of contentiousness within our community.

From what I see, much of the contentiousness surrounding you, the TRLA Board, is largely a reaction to your style of operation. I am defining style to include your personal demeanor in meetings, how well you communicate your positions on the issues before us, how well you communicate your decisions about these issues and your reasoning behind them, and your process of making these decisions. Style also relates to your ability to listen to and to hear what your membership is telling you and respond accordingly. Often, it is not what you do, but how you do it that matters most. Your current operating style reminds me of the famous quote from the old cartoon strip, Pogo: "We have met the enemy and it is us."

The origins of Concerned Landowners began with the election of directors in May of last year. The belligerent tone and accusations made by members of the "proxy group" and directed at the then current Board have been recounted to me by more than one source. As I understand it, such inappropriate behavior was the primary reason the previous Board resigned in mass, leaving Mr. Wallace, Mr. Williams and Mr. Gibson with their hands full. I have observed similar verbal abuse and even physical intimidation from members of this group who are now current Board members at the August and September board meetings.

Such behavior is back again in the February News Letter. I have no problem with the board defending its actions in the TRLA News Letter. However, characterizing the Concerned Landowners as spreaders of "hate and discontent" and purveyors of "deceit and vicious attacks"are mean spirited and not appropriate for a public newsletter. As the TRLA Board, you are stewards of this association, responsible for bringing its membership together, not splitting it apart. Disagreement with the Board does not equate to "hate and discontent." It acts as a check and a balance.

Concerned Landowners came together after it became apparent at the August board meeting that a majority of the directors supported breaking TRLA up into several smaller associations with TRLA remaining as an umbrella group to manage the common areas. This idea essentially became unofficial board policy after it was announced at the June board meeting. After private and public discussion between members of the Board and Concerned Landowners, members of Concerned Landowners felt the Board was not hearing their concerns. Hence, we organized to voice an alternative point of view and to educate TRLA members about this issue. Based on my understanding of Mr. Kelley's letter, it is good to see this is no longer the only option the Board is holding open for discussion about the future of the association.

Regarding the fiduciary responsibilities of the Board, the August newsletter introduced five new employees (one full-time and four part-time) to TRLA members. Also announced was a shortfall of $61,337.42 in revenue from 313 lots delinquent in dues. At the August board meeting, members inquired about what actions the board was taking to trim expenses relative to this significant decline in dues. These questions were not answered. Nor were they answered at the September board meeting.

The lack of response by the Board to these concerns alarmed several members of the Concerned Landowners group about the fiscal future of the association. At the August board meeting, a member of Concerned Landowners volunteered to assist Mr. Williams, TRLA Treasurer, to produce a monthly balance sheet and a cash flow statement along with the traditional income
and expense report. These would give the Board and the membership a more accurate financial picture of TRLA finances and enhance the Board's ability to manage the association's financial resources. This offer was never accepted. Then the Board's September meeting agenda increased concern with a proposal to sell some of the association¹s assets, including its dump
truck. Unfortunately, this issue was never discussed due to Mary Gibson¹s request that the Board enter into Executive Session to discuss and vote on retaining Mr. Wallace as TRLA President.

From my experience in private, public and non-profit businesses, the rules and expectations governing successful management and leadership for each setting are not entirely the same. While communication is vitally important in all sectors, this is especially true for non-profits due to their reliance on both voluntary financial gifts and labor to accomplish their mission. As directors of a nonprofit corporation, you are responsible to its membership. Communicating board decisions and the reasons for making them to its membership is of vital importance for building healthy relationships, mutual respect and trust if you want to maintain the support of your membership. Gentleman, you are not running a private business here answering only to yourselves, and yet, based on your style of operation, this appears to be the case.

Finally, with all the critical issues mentioned above, the Board announced cancellation of the October board meeting and the October mediation meeting without explanation. It was this lack of communication from the Board that left the Concerned Landowners group believing it had no recourse but to file a complaint with the Attorney General. Over seventy landowners supported this action, not just the fourteen accused of "hiding." Not until this month's newsletter has there been any public explanation to the membership as to why the mediation meetings ended.

Another example of poor communication is the hiring of Mr. Cody Kelly as TRLA¹s new attorney and the subsequent release of Mr. Ken Cassutt, TRLA's previous attorney. These actions were never discussed or even mentioned at a public board meeting or in a newsletter. TRLA members learned of this occurring at the mediation meeting following the September board meeting. It appears as if Mr. Kelley¹s hiring was a unilateral decision by Mr. Wallace and not the Board of Directors, for the only other board member present when Mr. Wallace disclosed this information, Mr. Howard Williams, was unaware Mr. Kelly had been hired. On the plus side, it was good to read Mr. Kelly's summary of the Board¹s concerns, but why has it taken five months for the membership of learn of them?

The article on the Dobbs¹ driveway is another example of this Board¹s need to improve its communication with the people it represents. Your presentation of this issue in the February newsletter failed to mention they are not the only landowners on Cliffside Drive with a driveway that crosses common area. It also failed to mention the safety issues the previous board
considered in their approval decision. In short, there is more to the story.

Just below the old Timberlake Times banner is a statement that reads: "The vision of TRLA is to protect and enhance the value and enjoyment of Timberlake Ranch and to foster community spirit and stewardship of the environment." This is as good a summary of your responsibilities to the TRLA membership as I can imagine. I wish to ask each one of you, regardless of the actions of past boards, how well do you believe you and your actions relative to the association, both as a board and individually as a director, embody this statement? I also wish to ask how can you improve your performance in service to our community in line with this vision?

I hope the Board will do a self-assessment relative to this vision statement. I hope the Board will take time to reflect upon what I have written. I believe you all can do a better job of managing the affairs of TRLA. I encourage the Board to make a lasting effort to open their operating style to greater communication, full board decision-making, and actions that treat their fellow neighbors with respect and understanding. These actions will help to bring our community together in cooperative problem solving versus continuing to engage in conflict that alienates neighbors and pulls people apart.

I believe it is time for everyone to take a step back and a walk outside. Surely, there is common ground in the beauty that surrounds us and in the reasons we have chosen to be here. I will meet with anyone who would like to discuss these issues further. You can contact me at 783-4411. I also give you permission to publish this letter on the TRLA website.

Sincerely,
David Skinner
Cc: trnews.info/Community Chat


Following is the TRLA board's response to Mr. Skinner in the April newsletter:

"Mr. Skinner presented a letter to the board on his feeling of what is wrong with most everything from the past board to the present board. We respect the information, but Mr. Skinner needs to have all the history, laws and background before he makes the statement that the current board needs to do a self-assessment. It seems that Mr. Skinner wants to cover past ground on the election and other subjects. We would like to move forward and not revisit the same old complaints over and over again. Due to space limitations, we were unable to print his letter. Anyone wishing to read Mr. Skinner's letter, can contact him at 505-783-4411."


(1-24-05) I love this site! Hi All Thanks so much for taking the time(and money) to produce a wonderful new site. It addresses so much that was missing from the trla site. -BB


(2-7-05) My wife Maya and I are very recent new owners in the Cloh Chin Toe Subdivision. We want to express our thanks for this newsletter that keeps us informed on the events of the area and provides us with important information. Please keep up the good work and accept our thanks for a job well done. -GG


Annual meeting unofficial minutes
   (Revised 7-26-05) Tape recordings of the recent annual meeting were recorded and transcribed by volunteers and are not official minutes of TRLA. Read the transcript of the morning meeting here.
      In the afternoon meeting, Mr. Cody Kelly, TRLA’s attorney, discussed a variety of options open to the Board and TRLA membership regarding the issues before us all. Read the entire transcript on Newspage 3.


Landowner threatened
    (Posted 6-24-05) One of our fellow landowners recently received a note, made of cutout letters from magazines, which threatened him, his family, and his property. The note was disturbing enough that the individual is considering not building the home he had planned on his lot.
    We, the editors of this website, condemn this action in the strongest terms. No matter what the motivation, we cannot tolerate vigilantes in this community. We will support the sheriff, who has been notified, in any way we can, to apprehend the person who left the note, and encourage everyone else to do the same.

Hutton resignation letter posted 5-4-05

20 Ash Drive - Timberlake
HC 61 Box 830
Ramah, NM 87321
October 21, 2004


J.H. "Pat" Wallace
President, TRLA Board of Directors
HC 61 Box 801
Ramah, NM 87321

Dear Pat,

Because of the manner in which this Board operates, I feel I cannot fulfill my fiduciary responsibilities as a member of the Board. This will serve as my official resignation from the Timberlake Board of Directors and all committees on which I serve.

My reasons for resigning are as follows:

- Board officers making important decisions outside of regular Board meetings, without thorough involvement or opportunity to vote by other memebers.
- Lack of communication among Board members and with landowners-lack of written minutes, financial statements and newsletters.
- Hostility and lack of trust between Board officers and landowners.
- Some Board members not being included in "special" meetings where major decisions were made, although we were available.
- No communication with me regarding hiring of personnel and proposed sale of equipment having to do with roads, although I was designated Chair of the Roads Committee.
- Concern about large expenditures outside of budget, despite critical shortage of dues collected.
- Lack of attention to Policies and Procedures Manual and other precedents created over many years of previous Board experience.
- Continuing disregard by the Board for the consensus reached by members attending Mediation sessions.
- An ongoing attitude of "us against them" on the part of the Board leadership.

I will continue to maintain a high interest in the welfare of Timberlake, its CC&Rs and common areas; but I feel that the current Board's direction and attitudes make it impossible for me to fulfill my duties in a manner that is satisfactory to me.

I hope that Timberlake will survive this critical period and all parties can ultimately find mutual understanding and respect.

Sincerely,

Harry A. Hutton

cc: TRLA Board Members


The following exchange of letters between Danny Montoya and Secretary/Treasurer Howard Williams were refused by the TRLA Board for publication. Danny has asked that they now be published here. It is the policy of TRnews to post whatever landowners want to have communicated without any censorship on our part. -Roger Irwin

----------------------------------------------------------------------------

After reading the open letter in the February 2005 TRLA News Letter, I asked myself has the current board decided to spend the association money to justify their legitimacy. This board has hired the law firm of Kelly, Streubel, Mortimer & Middlebrooks to help answer questions of historical overview, options, background and protection of common land. Does
anyone remember the board presenting this at a meeting to hire this law firm and at what expense? My wife and I became alarmed and concerned landowners when we attended our very first TRLA annual meeting in May of 2004. My wife was running for the board but unknown to her and the other candidates put forth by the nominating committee, a group of CONCERNED TRLA LANDOWNERS lead by current TRLA president had secretly collected 150 proxy votes from selected non-resident and some resident landowners. Some were pressured by letter and phone calls that their assessment fees were going to be increased by the current board if they did not give their proxy and monies were being spent on frivolous law suits. In other words, the current president obtained his position by less than honest means. He made promises to his faithful group before getting elected.

In July, two qualified women sent their requests to all board members to be considered for open board positions. During the August meeting, the president introduced two newly appointed male board members. When questioned why the women were not considered, the reason was given that they never received the requests and later that they weren't as qualified. At the August, 2004 scheduled meeting one of his supporters asked him to step down because of broken promises. In November of 2004 the vice president resigned. Could it have been because he disagreed with the president to buy 40 tons of gravel exclusively for the boat dock instead of placing the gravel on roads where is was badly needed? He was followed by another board member in charge of the road committee who was never consulted or invited to meetings in which decisions were made that pertained to his responsibilities. This current president, in my opinion, continues to reject the vision of TRLA which is to "protect and enhance the value and enjoyment of Timberlake Ranch and to foster community spirit and stewardship of the environment".

I requested that my opinion to the board back in June of 2004 be printed in the Timberlake Times to show the sincerity of the newly elected directors to promote open and honest communication and to dedicate space in the Timberlake Times for Q&A from the association members. The Timberlake Times was discontinued after the new board was seated and the president and Sec./Treas. closed communication through their email. I now request again that the original messages I sent after the May 2004 annual meeting and the only response I received be published to show that I was trying to help prevent problems in the future.

Please send this through website or email group.
Danny Montoya (Concerned Landowner)
____________________________________________________________________________


This letter is in response to the TRLA Association Annual Meeting on May 29, 2004. As a new full time resident, this was my first annual meeting I have attended. The schoolyard bully tactics that were displayed appalled me. The accusatory and boisterous remarks by certain individuals towards some of the present board of directors reflected a very unprofessional behavior. I felt like we were going to witness an "Old West lynching" at any time.

As a responsible and concerned member of TRLA association I would like to make some suggestions that will assure fair elections and a congenial atmosphere at the annual meeting in future.

1. Members interested in running for the board of the directors should submit their qualifications and personal agenda well in advance of the final printing of ballots so that each applicant has a chance to see who there opponents are and how they might agree and or disagree on various issues facing the association. Therefore the voting body has a clear distinction between each candidate and can vote feeling that they are fully informed. Also the applicants are not blindsided through backdoor tactics and misrepresentation.
2. When applicants are soliciting proxy votes, it is only fair that their written material and reasons for acquiring proxy votes be mailed to all TRLA members including other applicants for the board of directors.
3. Allow disgruntled members to voice there objections well in advance of the annual meeting with mediators so problems with miscommunication/rumors can be resolved and common vision for the future accomplished.

The newly elected board members have parts to their own agenda that will be detrimental to the vision of TRLA which is to "Protect and Enhance the Value and Enjoyment of Timberlake Ranch and to Foster Community Spirit and Stewardship of the Environment". Part of this agenda is to immediately drop the two lawsuits the association has pending. These two lawsuits are paid up and in their final stage. In other words, win or lose, the association is spending no more money and common sense would dictate that there is
nothing to lose by staying the course. Supporters of the newly elected board includes the two members being sued, which certainly gives the appearance of the "good ole boy's club" which was one of their main objections to the previous board. The ramifications of this kind of decision making is huge. Many of our members bought land at Timberlake Ranch because of its beauty and serenity and have built beautiful homes following the CC&Rs. Others have bought land as an investment. A few members have found discrepancies in the CC&Rs that are to their benefit totally disregarding their responsibility to fellow landowners, friends and the association body. If the CC&Rs are not enforced by this board of directors, we will be opening the door to just some of the following:

a) Single a/o doublewide mobile homes and wildcat builders
b) All types of illegal buildings on Timberlake with accompanying land depreciation
c) Increased livestock with overgrazing and erosion problems, flies and odors which impact surrounding lot owners

CC&R enforcement is the responsibility of the association board of directors who were elected by the majority vote. If the directors do not enforce the CC&Rs, they become personally liable to litigation not covered by insurance.

I would like to have my opinion printed, unedited, in the Timberlake Times to show the sincerity of these newly elected directors to promote open and honest communication and to dedicate space in the Timberlake Times for Q&A from the association members.

Danny Montoya
pete137@juno.com

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Dear Pete And Linda,

How do you think that Big Business are stop in the tracks, the owner of the Stock, have the right to take over by proxies. You are MAD at us, but not mad at Barbara, for the mistakes she admited, there, when the two ither member of the board, (Men) took off and let the tow females to handled the final parts of the election.

The picture of her driveway being snow-plow, when the only real Doctor on the ranch never had is plowed.

When Marion Haddow, was kept out of the meeting of which she had the right to go, because she was the member of the Board.

When that so-called audit, was put before the members. And the CPA, show the Board they were wrong. We are going to have a CPA in the next few Days.

When Bryan Pollack (spelling?), walk in Pat Wallace, House, with out being invited, on Sunday night, to deliver, his escape letter. That was Breaking and entering. If he had done that to my house he just might be nursing a busted HEAD.

The association own Lawyer, was there and we did right, There was a ex-chief justice of the New Mexico Supreme Court, a total of four lawyers. give me a break.

We will talk if you want, but I hope you act, and think we done something wrong, If there was any lynching, it was the other side.

this is Tues. Morning, and I have to go to the Hosp. in Gallup, for treatment, and be back about 1:00. Call me, if you want!! Give us a
chance. 783-4896

Howard I. Williams/Pahowie/Willie. Retire AF EOD

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Howard, I appreciate your quick response to my letter. This is a good example of the association board of directors and members opening lines of communications. You may not like the way past board members have tried to represent the association, but what has happened in the past should be used as a learning tool by new board members for the benefit of all landowners in Timberlake. It disturbs me to hear "other side" used in such a negative and derogatory tone. People who unselfishly serve and volunteer their time, energy and talents for the betterment of Timberlake have differing points of view regarding priorities, solutions, etc., but that's where ideas are born and problems conquered. The association board members for 2005 were elected by the majority and now have a responsibility to all members to represent themselves professionally, bury past grievances/misunderstandings, follow
the bylaws, enforce the CC&Rs, and bring all the membership under one roof - not for a lynching, but to discuss and solve problems productively. If the new board members inherit problems, they should never procrastinate or take the easy way out as it only causes more problems later. Opening lines of communications, i.e. Q&A page in the Timberlake Times, e-mail, internet website, etc. keep the absentee and nonresidents informed on what tribulations the association board and TRLA faces and allows input from
concerned members.

Danny Montoya