Most of you know that we are in a law suit with a group of plaintiffs who are seeking to dissolve our HOA, SAEPOA. The suit is brought by members of what was called the “Working Group” whose other members now include our Board President and Vice President. It appears that we are expected to live under the fiction that our Board and the attorney they chose (without our required membership approval) is actively defending against the case.
Recently, their job got a chance to be much easier. A group of concerned members, I will call them the “5 guys” filed for a motion to dismiss. The grounds for dismissal are solid, although dismissal motions are always hard because judges really need to be certain – after all, they’re ruling that the case doesn’t even need to be heard. In this case, the logic is plain. The grounds for dismissal are twofold: (1) The plaintiffs are suing over IRS compliance, but only the IRS and federal tax court can decide this, not a New Mexico District Court, and (2) no valid reason was given to dissolve SAEPOA, according to the reasons specified in law.
So, here is a multiple-choice question:
In response to the motion to dismiss, what did our our board and attorney do?
a) File a brief in support of this motion to end the lawsuit and stop SAEPOA’s money bleed.
b) Stay silent in the hopes that the intervenors would end the case on their own.
c) File a brief in support of the lawsuit continuing (filed against the motion).
d) Surrender key arguments to the plaintiffs against us, and even argued their points under the guise of claiming that the lawsuit could be used to “reform” our organization.
e) c and d above.
Answer: e
OK, we all know that on a multiple-choice test the last choice is often the correct one. It’s true in this case as well!
That’s right.
Your board and Atty. McDonald essentially said:
Your honor, we wish to be sued.
Please don’t stop the suit.
We want to continue jeopardizing our organization, and we want to keep spending as we approach insolvency
… and we would like to provide some rationale to help our opponents kill our organization.
Let that sink in.
Come to the informal member meeting at the Suddarth hangar, 7pm, 28 August 2026.
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