Friday, June 26, 2009

I would like to thank the concerned

citizens of our community who attended the most recent Lake Don Pedro Owner's Association Board meeting. I believe those in attendance were unified in their displeasure with this Board's decision to engage in their mean-spirited attack against fellow property owner Tom Porter. It was extremely humbling to see our community rally to the defense of Tom Porter and myself over many years of attacks by Bill Kinsella and Lew Richardson.

I have attempted not to publicly defend my good name and reputation under constant attacks by Bill Kinsella, Lew Richardson, and the "innocent couple," as Lew refers to them, who have gone to extraordinary lengths to destroy my family's dream of building our home. This couple is far from innocent. They have sued Mariposa County, Tom Porter, and myself over the validity of a driveway easement that has been recorded with the County of Mariposa for over thirty-five years.

They accepted a large cash settlement from their Title Company for failure to disclose this same easement when they purchased their home. They purchased the lot next door while fully aware of the easement. After accusing my construction superintendent of "trespassing" and informing him that "he had a license to pack a gun in seven states," I went to meet my new neighbor. We had a cordial discussion, and I assured him that his Title Company would not have paid him a large cash settlement if my easement was not valid.

My then ten-year-old daughter and I were invited to their home on numerous occasions. There, we shared our dream of building our home and our sincere happiness that this nice, retired couple were going to be our neighbors. This friendship continued for one year, until I discovered a locked gate across my driveway easement, denying my septic contractor and myself access to my ongoing construction project. When I called my friend, he said "to call his lawyer."

This "innocent couple" has entangled me in tens of thousands of dollars in attorney fees, locked me off of a recorded easement for three years, and have managed to drag this frivolous lawsuit on for over seven years.

The case is now over. The California Supreme Court denied their final appeal in my case. The only thing left to decide are the damages this couple promised the court were available to me for the "cost increases in my construction, and for the nonuse of my property." It will be interesting to see if this "innocent couple" will honor their promise to the Court, and to what value they place on destroying my family's dream to build our home for over seven years.

Their most recent behavior in hosting the First Annual Save Our Pedestrian-Equestrian Trail rally on their property with the help of their good friends and co-hosts, Bill Kinsella and Lew Richardson, in which they posted a bulletin board full of lies, smearing my good name does not bode well for their character.

Our Association Vice President, Bill Kinsella, has been accusing me of "using an illegal easement to access my property, and of violating the C.C. and R's." Bill Kinsella was instrumental in the Association, denying my application to install a County-approved septic system on my property for over one year because, according to Bill, "the easement I was using to access my construction site had not been approved." A simple call to the Mariposa County recorder would have confirmed to Bill that my driveway easement had been recorded in the official records of Mariposa County for thirty-five years.

Our Association Secretary, Lew Richardson, had made it his life's work to slander and vilify both Mr. Porter and myself because of his friendship with this "innocent couple," and his willful disregard for the truth. Now our Association Vice President, Bill Kinsella, and our Association Secretary, Lew Richardson, proudly announce that there will be more "Save Our Pedestrian-Equestrian Trail rallies in the future," and that they will be hosted and funded by our own Association.

My family has endured over seven years of being entangled in this frivolous lawsuit, and having our dream of building our home held hostage. Now that the lawsuit has been found to have no merit, I am still attacked by Bill Kinsella and Lew Richardson for somehow manipulating the system and buying justice. Please support the concerned citizens of our community in our effort to recall these rogue board members and their supporters.

Respectfully yours,
Harry Alfier

6 comments:

  1. Thank you Harry for clearing up the tales and rumors that have been going on for years about the innocent couple. If a person should read Lews blog AND BELEIVE IT you would think we have horrible people in this sub-division, When in reality it is the people on the board that are the bad ones, spreading lies and tales and Lews blog is the worse culprit, Seem all he knows is to spread gossip.If Lew, Bill and Ken can't slander someone thay don't have anthing to say.
    Very good letter Harry.Hope you can get on with your home now.Sorry you will have such a miserable neighbor tho.

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  2. OH MY GOD! What a freaking circus!! People, it's embarassing. Did any of you take "political manners 101" in college? Does no one have anything better to do than bicker and be petty? GET A LIFE! GET ALONG. LOVE THY NEIGHBOR! We've lived her for only 6 years - - - and I'm sooo confused as to who the players are. You could not PAY me to join (get involved) in this circus. I say disolve the Association - give the people back their money. Wouldn't that solve everything?

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  3. Unfortunately by state law we can not desolve the association without a 100% vote of the membership, and any monies would not go to the members but to a non profit. A 100% vote by members will never happen as long as members like you refuse to go to meetings, find out who the players are and continue to stick your heads in the sand.

    This is no different than what is going on at the county, state and federal levels. Not getting involved got us into this mess.

    It really surprises me that most members do not realize that the board decisions effect your money and if the association is sued you the "I don't want to get involved" members will have to pay and pay.

    In my opinion members that won't get involved are the clowns in this freakin circus.

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  4. Comment #3 You said it right, I was trying to think of a comeback to OH MY GOD's article. I bet they have not been to a meeting to see what is going on in the 6 years they have lived here.
    I do have a life and I am concerned about our community, members money and my neighbors. I do love thy neighbor and you better too, so get involved.

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  5. LDPOA IS LAME!!! ...more drama than a high school campus! I'll never move where a POA "rules" again...live and let live...get rid of the POA, its a waste of money!

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  6. The longer I live here the more I tend to think that we need to remove this albatross from around our necks.

    In forty years nothing has changed just the faces of the directors.

    Kind of like the 7 dwarfs

    Greedy
    Meanie
    Shady
    Groupie
    Clueless
    Idealist (always outnumbered)
    The Hero (always misguided)

    Living here is like being in a bad Saturday Night comedy skit with ghastly financial repercussions.

    JMHO

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