On July 28, 2017, the DMMA sent a proposed amendment to the CC&R’s to all property owners. This use restriction set a 60-day minimum rental period on tenants without Desert Mountain status. The letter that accompanied the proposed amendment omitted several important points and set the window for response at dates when many Desert Mountain owners are traveling or overseas.
In early August, the Board offered a clarification letter which gave reasons for the rent restrictions and provided examples of who qualified and who didn’t qualify as a short-term tenant. The same letter extended the originally prescribed 45 day objection period. The Board would honor objections to the proposal through October 31, 2017.
Gary Moselle sent a letter to nearly all Desert Mountain owners explaining that their property rights would be restricted permanently and without further notice if less than 10% of parcel owners objected to the July 28, 2017 proposed amendment. This correspondence included a blank draft objection letter that could be mailed to DMMA if the owner wanted to object to the proposed rent restrictions.
Kevin Pollock, Community Manager, and Gary Moselle shared correspondence in September regarding the objection letters and managing the expected community vote as a result of anticipating 240 or more objections would be received. By the end of October, 687 written objections had been delivered to the DMMA office, far more than enough to move to a vote by the entire community as per the CC&Rs.
To this day, DMMA management has not acknowledged receiving the 687 written objections. Management decided not to “verify” the letters, acknowledge that the objections were from legitimate Desert Mountain owners – despite the fact that most of the objections included a property addresses, names of parcel owners and a signature of a parcel owner.
Instead of calling a meeting and vote as requested by nearly 700 owners, the Board withdrew the July 28 proposal and sent a heavily-biased email survey to Desert Mountain owners. DMMA Management promoted survey results as evidence that Desert Mountain owners were in favor of new restrictions on their property rights. The second try at rent restrictions was announced on March 12, 2018.
This Coalition believes the original 687 written objections matter. We believe all property owners and their rights matter. We believe withdrawal of the original proposal without the meeting and vote pledged was an act of bad faith by DMMA management.
To the Original 687, The Desert Mountain Homeowners Coalition is in debt to you for taking a stance and defending the property rights of all in Desert Mountain. We call upon you to object again,Emailing Your Objection Here, by 27 April, 2018 and we ask that you vote when the time is upon us.
Desert Mountain Homeowners Coalition 