Jubilee Petition

Below is correspondence from the community council attorney to the HOA President Sean Calvert:

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• My clients’ proposed resolution re: the Third Amendment is that the Declarant-appointed board members withdraw that Amendment permanently, and that they pursue all unpaid lot dues owed to the HOA by the Declarant;

• My clients’ proposed resolution to Avalon Jubilee’s ongoing ownership of the Villa is that Mr. Blea, in his dual role as both a Declarant-appointed board member of the HOA and as the controlling member of Avalon Jubilee, facilitate the deeding-over of the Villa to the HOA;

• My clients’ proposed resolution to the incomplete wall around Jubilee and the incomplete landscaping of the common areas is that the Declarant-appointed board members – respondents - agree to guarantee the completion of the wall around Jubilee, as well as the landscaping of common areas (including but not limited to pathways and retention ponds) and the regular completion of all front yard maintenance required under the CC&Rs;

• My clients’ proposed resolution to Mr. Blea/the Declarant’s ongoing appointment power re: HOA board members is that Mr. Blea/the Declarant cede that power to the community and allow all HOA board members to be elected by the owners;

• My clients’ proposed resolution to these overarching problems is the resignation of the three Declarant-appointed board members – respondents – whose conflicts of interest make it impossible for them to act in accordance with their fiduciary duties to the owners of Jubilee under NMSA 47-16-7(A) (as well as damages stemming from breaches of fiduciary duty by those same board members).

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Many Jubilee Residents have expressed to me their dissatisfaction regarding the intent of the petition when they signed it.  They were not presented with the above details.​

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