When RMA Cable TV is made voluntary will you subscribe?

[Birdieman]

Originally Posted by Wilbur

Max wrote:


I'm just asking that you substantiate that allegation.

I've tolerated your "40 questions" game for months, now give me a straight answer, please. Have you actually read the letter which you claim above supports your interpretation of the MBA?

Why should he answer any question you ask, when you never answer his?

[Birdieman]

I've also told you at least 20 times that you are wrong, yet you have yet to deny that one time. Instead of arguing your cause on it's merits and proving me wrong, you choose to sidestep all of our question and talk in circles. Break it down for us and show us how we are wrong, if you can. You want to be the hired gun slinging lawyer of the residents with your lawsuit threats and chest thumping, give us what you got. Give us your best shot! All I've seen is pandering and sloppy interpretations of what you think you know, Max and I have schooled you on the MBA and the CA and we've only been looking at it a fraction of the time you have. Hell, you proofed the damn thing and signed off on it. Now you're telling us it's irrelevant, seriously?

[Golfingbear]

IMPLEMENTING THE FOC BYLAWS AMENDMENT

It is my considered opinion the majority of the RMA BOD want to implement the proposed bylaws amendment. Regardless of what individual Association members think/believe the RMA BOD is at this time bound by the MBA to provide future service for the North builders. This contract has been examined and re-examined by legal counsel and it is their opinion we must not breach the agreement or we will place the Association in danger of possible litigation. In addition if we breach this agreement and it results in litigation our insurance will not cover the cost and the Association and each individual board member may become responsible for the damages and court cost because they have disregarded legal counsel’s advice.

I follow this subject on internet media very closely and have read all the postings regarding FOC. Many of you who post have had numerous suggestions that the board just needs to give the membership what they want and get on with it. You have also come up with many ideas as to how the cost associated with the CATV can be modified to benefit members. There have been a lot of good ideas and at some point many, I’m sure, will be included in the final product.

To implement the voted bylaws amendment there are several legal hurdles which must be overcome prior to that implementation:

1. The verbiage concerning the Cable Agreement must be eliminated from the MBA. The only thing keeping this agreement alive is the MBA. To accomplish this the Association must go back to the table with the North Builders for their approval, then the PTF who in conjunction with RMA will have to initiate the changes. This action would lift the restrictions on what we could do with the system and also allow RMA to get out of the cable business altogether, at a future date, by selling the asset.
2. Once the above is completed RMA would be off the hook for the “Will Serve” agreement in the MBA covering future build out and we could proceed with implementing the bylaws changes.

The above sounds simple enough, however; there is a tremendous amount of work to be done even after these two points are accomplished. Some of what would be included but not limited to, could be identifying what Basic Cable service is and developing a method of multi-tier levels of service which could be basic service, premium service, broadband, and what would fit into each of those categories. In addition we’ll have to come up with exactly what will be covered in infrastructure and reserve costs for non-subscribing members.

I personally am not in favor of the FOC amendment, because I believe the CATV is a common asset of the Association and as such should be part of the monthly dues just like the streets, parks, etc. I am in favor of the members having the freedom to make choices on what happens within their Association. The members have spoken and I want to honor that vote and find a way to implement the results of that vote. The RMA BOD is ready willing and able to develop an implementation plan and time line schedule and this will be done.

After reading this posting perhaps you can better understand where I personally am coming from. I can only speak for myself when I say I’m not ready in any way to risk my future financial security to implement this bylaws change until we have overcome the legal hurdles placed in front of us. If any of you out there want this action to take place immediately and are willing to contribute financial to my legal defense funds then I might reconsider my timing. However, be aware that the funds needed might be several thousand dollars and that is only what each individual BOD will require in addition to what the Association could be ask to pay which would come from your dues.

Bottom line I want to honor the vote but not get the Association involved in lengthy and costly litigation.

[Birdieman]

Thank you Dick, and thanks for recognizing that your legal opinion is correct. We've been pointing that out to several people on here for a while now. And lastly, good luck with renegotiating the MBA, sounds simple, but my guess is it won't be.

[feistylady]

thanks golfingbear, what a lousy position you have been put into on this subject. I wish all of the board the best in trying to balance the line drawn in the sand by the FOC three, and what you know to be the only way to go about this. I hope at some time down the road, that people who were bamboozled by misleading information, and voted for this by-laws change will realise what a mistake this turned out to be.

[Matthew]

Dick (or anyone else that knows) was there any type of time frame requirements for implementing the bylaw changes?

[Birdieman]

Do you know what the funniest part in all this is? It's the fact that we are doing all of this because the 3 Amigos think it's worth it for a $15 or so savings on their HOA dues. Costing the residents thousands of dollars so they can save pennies, that my friends is the definition of ludicrous. Because after they save their whopping $15, they have to go out and spend $60, $70, $80 or more just to get what they already have. Mind freakin' boggling!

[Matthew]

Cable and security have probably been the hottest topics on RMO. I went back and put together a list of threads talking about cable. (I skipped a few that looked like they were just about things like getting HD or which TV to buy). There is a lot of good information here.

Cable manager resigns

Spending of unapproved funds?

Rancho Murieta Cable TV

RMA Premium Cable Billing Fee

RMA still wasting OUR money on a faulty cable system.

If the RMA CATV changed, ...

Cable Ballot (vote "yes" for a voluntary system)

So how is the brand new cable?

The cable vote is counted

How did you vote and do you have a dish

New cable offering starting today

If the cable system were made voluntary would you opt out?

Cable golden proxy efforts

Freedom of Choice is born this week.

http://www.murietaonline.com/forum/f...ble-ring-3123/

RMA Cable News

Partial release of new cable line-up

Cable Lawsuit

Wasting OUR money on the cable system

When RMA Cable TV is made voluntary will you subscribe? (this thread)

[Golfingbear]

Matt according to the PROXY people signed the amendent established January 1, 2009 as the effective date.

[joaquinmurieta]

Not taking any sides here but if I could, I would opt out of cable and replace it with 'free' TV and 'subscription' internet (which I already have). I fully recognize, however, that I have less taste for TV content than most of the population. But as a member of an association, I understand I pay partially for things that the rest of the community may benefit from such as parks, baseball diamonds and the like that I may never use. If we piecemeal all services like we are trying to with cable TV, the association goes away and we all pay as we go. I mean for crying out loud, I never drive down Venado, why should I pay for their street maintenance ? I'm thinking of having my water trucked in so I can get off the CSD grid as well