Wednesday, March 16, 2016

Bel-Air Association's Communications with Organizers of Unauthorized and Invalid March 17, 2016 Meeting

Dear Bel-Air Association Members:

Below is an important communication sent from President Ron Hudson in response to an email received from Fred Rosen regarding the Unauthorized "Special Meeting" tomorrow.

Fred:

No matter how much you wish that your March 17, 2016 meeting would be valid, the facts and the law are clear that if the meeting takes place in the manner that you and your cohorts have described, it is not a meeting of the Bel-Air Association. Accordingly, we would assume that anyone who attends such a meeting or gives a proxy and is not made aware of the circumstances that the meeting is not an authorized Bel-Air Association meeting may have a valid claim for damages against anyone involved in arranging the meeting and anyone who takes action pursuant to voting, etc. at the meeting for fraud, misrepresentation, conspiracy, etc.

And, of course, all of this could be avoided by your group merely abiding by Judge Karlan’s advice to participate in a fair election at the Bel-Air Association’s Annual Meeting, where your 9 cohorts will have an opportunity to be elected as directors, as the 9 incumbents will. In fact, it is perplexing why any of your group would run the risk of a significant adverse legal result when you can simply participate in a fair election at the Annual Meeting.

In any event, we are sending this to you with a copy to your 9 board nominees so that there can be no question but that you have all been put on notice by what appears to be your reckless behavior without regard to the rights of those in the community who may be deceived by your actions.

We strongly urge you and each of your 9 board nominees to do the right thing for the community and protect your own personal liability and either call off the March 17 meeting or conduct it as any kind of meeting of yours that is clearly not a meeting of the Bel-Air Association.

Of course, nothing in this or any other communication to you is intended to waive any rights that the Bel-Air Association has against you or anyone else for your contemplated unauthorized March 17 meeting.

Sincerely,

Ron Hudson
President
The Bel-Air Association

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