Re: Cascadas de Baja - Communication to members

[Daniel Minnis]

Thanks for the update Steve.  Once again the Board of Directors has lied to members by not allowing this communication to be sent to the membership.  On February 24th Doug Wilcox of trading places and the Board of Directors emailed me to inform me that they would INDEED allow you and I to communicate with the members via an E-Blast and the content would not be filtered or edited.

Once again the Board of Directors has violated Delaware Law section 220.  In a recent Delaware Supreme Court case the Court said any stockholder could demand access to the stockholder list and if they were seeking to investigate potential wrongdoing of management or directors they would NOT have to state the purpose of the member intent.

Addressing the matter en banc, the Delaware Supreme Court affirmed the Court of Chancery’s decision in all respects. The Court first confirmed that a stockholder seeking to investigate potential wrongdoing or mismanagement need not specify the intended uses of any documents requested in her demand.

The Board of Club Cascadas should be ashamed, deeply ashamed, of their actions over the last 3 years.  In my 30 years of voluntary Board service I have never experienced or heard of a Board so dishonest, and non-transparent as the current Cascadas Board.  

Well Done Cascadas Board you have just confirmed to the membership what Steve and I have been claiming for the last 3 years.

Disgusted,

Dan Minnis

On Tue, May 25, 2021 at 6:06 PM Steven E. Akers <st...@sakerscpa.com> wrote:

Fellow Cascadas Members,

See the extensive explanation for why my e-blast was rejected?
Please forward the e-blast I sent you, to other Cascadas Members who may not have voted yet!

Thanks
Steve Akers

-------- Forwarded Message --------

Subject:	Cascadas de Baja - Communication to members
Date:	Tue, 25 May 2021 22:04:41 +0000
From:	Wilcox, Doug <Doug....@vriamericas.com>
To:	Steven E. Akers <st...@sakerscpa.com>
CC:	Larry Greenberg (Gmail) <larry...@gmail.com>, mark gidc <gidc...@outlook.com>, rb...@earthlink.net <rb...@earthlink.net>, rslgr...@gmail.com <rslgr...@gmail.com>, Aida Trujillo <aid...@hotmail.com>, Quezada, Mauricio <Mauricio...@clubcascadas.com>, White, Heather <Heathe...@vriamericas.com>, Shilling, Stacey <stacey....@vriamericas.com>

Steve,

The Board has reviewed your E-blast submission in its entirety. The Board has evaluated and discussed its contents extensively and in its best business judgement has rejected your request to disseminate it to Club members through the Association lines of communication.

 

Sincerely,

 

Douglas Wilcox

Sr. Vice President of Resort Operations

Trading Places International, Inc.

 

[Carolyn&lorne]

Just STOP! 

Sent from my iPhone

On May 25, 2021, at 4:48 PM, Daniel Minnis <dminn...@gmail.com> wrote:



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This is a group for individuals who owners in Club Cascadas Legacy, who wish to discuss how to improve the resort as well as voice their valid concerns about our Club Cascadas ownership/membership. If you need any assistance please contact Rosemar...@aol.com
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[Dorothy Matthews]

Don't stop! I know you are looking our for our best interests!

[Amber Wimberly]

I agree!  Dan, you are doing great!

Sent from my iPhone

On May 25, 2021, at 5:25 PM, Dorothy Matthews <dandf.m...@gmail.com> wrote:



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[james lambing]

To Dan and Steve, You two are doing more Harm then Good!  You two put such a dark cloud on the club that we all love and enjoy. I trust Mark and the board with our investment! I have more to say to you but this is not the place to do it.  Thank you 

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[Daniel Minnis]

James,  you are correct in that we all love and enjoy Club Cascadas.  The dark cloud is not on the Club but instead on the Board and the fact they violated State Laws that govern our association and have been dishonest in their communications with Steve, me, and others.  I am happy to provide you with emails from Trading Places and the Board of Directors, board minutes, board publications etc...that was written by the Board and Trading Places which outlines their deception and illegal actions.

Don’t shoot the messenger, lay the blame where it belongs and that is in the laps of the Board and TP.

Dan Minnis

[toyot...@yahoo.com]

Concerning Dan and Steve..

Many many of us are just not in favour of the constant doubt in the competency of the present and previous Boards..

Most likely none of us know Delaware law, though it is likely good it is in place..

For our 730/1130 maintenance fees and the huge pleasure of our peaceful attendance each year, we simply don’t need any of this doubt casting..

Why don’t you gentlemen simply get on the Board.. there just may be enough folks to make it happen..

Voices from the sidelines are irritating and unwelcome by many of us.. not to be unkind but truthful ..

Jack Kofoed.. happy since forever..

Sent from my iPhone

On May 25, 2021, at 5:32 PM, james lambing <jlambi...@gmail.com> wrote:



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[Carolyn&lorne]

We totally agree with you! 

Sent from my iPhone

On May 25, 2021, at 7:00 PM, toyot...@yahoo.com wrote:

Concerning Dan and Steve..

[Elenore Agenbroad]

Got it. 

Elenore "Ellie" Agenbroad

Usa 858-433-6722

Mexico Cell  011-52 646-108-4552

https://groups.google.com/d/msgid/club-cascadas-de-baja/25AB7505-6F47-49D4-A573-F606905FA5EC%40gmail.com

.

[Steven E. Akers]

Dan,

You have hit the nail on the head, it is not you and me that are doing the illegal ACTS that violate of Delaware Corporate Law, it is RICHARD BORT! So just because we want to inform the other Members that RICHARD BORT has violate Delaware Corporate Law TWICE, by ELIMINATING MEMBERS RIGHTS TO INSPECT THE "books and records" you want to protect RICHARD BORT'S ILLEGAL ACT'S from the other Members and Dan and I are the bad Guys?????  HELLO,    JAMES?      So you think, by Dan and I informing the other Members that RICHARD BORT has violated Delaware Corporate Law TWICE, by INTENTIONALLY ELIMINATE ALL OF OUR rights, your RIGHTS, my RIGHTS, Dan's RIGHTS and EVERY OTHER CASCADAS MEMBERS RIGHTS, you want say,  LETS ALL RE-ELECT RICHARD BORT TO THE BOARD AND LET US SEE HOW MANY MORE OF THE MEMBERS RIGHTS HE CAN ELIMINATE???? James, get a grip on reality!! You don't re-elect someone, who has a history of making BAD DECISIONS FOR THE MEMBERS TO THE BOD? It sounds like you need to lay down under a Palapa for a while, you have DEFINITELY been out in the SUN, TOO LONG!!

James please respond back to my email after you have been out of the sun for awhile, and tell me you agree that what Dan and I are doing is what, is best for the Club? James, if you can't agree with that, I think you are just a SHILL or a mouthpiece for RICHARD BORT?

Love to hear your response, James!!

Steve Akers

[Steven E. Akers]

Robert,

I can't tell you how encouraging it is for Dan and me, when a Member like you, acknowledges the work Dan and I are doing for the Members. Your words of encouragement are what we need to keep trying to get the Board to do the right thing, and be transparent, among other things. I wrote a 14 letter with 14 attachment that the Board just refused, to allow me to sent to the Members, under a completely inapplicable rational, of the Boards best business judgement, did you get a copy of my letter and attachment? If not let me know and I will sent it to you? The Boards, answer to my request to send my letter and attachment to the Members would apply, if they decided to buy the Pueblo Benito Rose, then their answer would be valid! As a Member I can't challenge their best business judgement. However, my letter is addressing Board malfeasance, by RICHARD BORT, who TWICE totally ELIMINATED the Members RIGHTS to inspect the "books and records" as specifically required in Section 220 of Delaware Corporate Law, which RICHARD BORT attempted to eliminate.I spoke with the attorney RICHARD BORT was consulting with and he told me, he specifically told RICHARD BORT the phrase "books and records" needed to be included in the Cascadas Bylaws, but he intentionally LEFT IT OUT. However, non-attorney Dan Minnis while reading and reviewing the Bylaws that RICHARD BORT spent $11,100 of our maintenance fees, asking question to a qualified attorney on how to prepare the Cascadas Bylaws. After RICHARD BORT spent $11,100 of our maintenance fees, the product he presented to the Members was not in compliance with Delaware Corporate Law! Fortunately, when non-attorney Dan Minnis was reading and reviewing the Bylaws, prior to the end of the voting on June 19, 2019, he caught to flagrant error RICHARD BORT made, as an AMATEUR, WANNA-BE attorney who prepared our initially flawed Bylaws. Fortunately, Dan Minnis catching RICHARD BORT flagrant error got the Bylaws changed, so at least that section of the Bylaws was in compliance with Delaware Corporate Law. We still have no idea how many other changes RICHARD BORT AMATEUR, WANNA-BE attorney has made, that we have just not been able to find yet, stay tune?

Dan and I appreciate any word of encouragement form other Members as it takes hundreds of hours to do what we have done, and the Board always wants to fight our attempts and improving transparency on multiple topic.

Thank again, so much Robert,

Steve Akers

On 5/25/2021 8:32 PM, Robert Smolen wrote:

Dan

Steve.... I don’t agree with James about you and Steve placing a dark cloud over the club. It is on the Board.  You’ve actually have made me love the club and staff more. I admire your leadership and championing transparency. Keep it going.  A lot of work on your and Steve’s part to keep up with it all for sure.   I applaud you both, Which is why I voted for you.   The truth will set us free, while Some would rather bury the heads in the sand because it’s easier.   Shame on the board and TP.  

Bob

Sent from my iPhone11

On May 25, 2021, at 8:14 PM, Daniel Minnis <dminn...@gmail.com> wrote:



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[Steven E. Akers]

Toyotajack,

You have not heard, either Dan or I complain about the maintenance fees or huge pleasure of our peaceful attendance each year, we both feel exactly as you on all of your same points. Dan and I have gone into issues with the Board that have NOTHING to do with issues you and we both enjoy! You are NOT fully understanding what the issues are that Dan and I are addressing? We both both love Cascadas, Dan owns 9 weeks at the Club, do you really think someone buys 9 weeks at a timeshare they don't just LOVE?  I have been an owner for 26 years and still love returning on Thursday knowing I will have a great time for the next 7 days! As always, I will not be ready to go home the following Thursday after those wonderful 7 days are over. So Dan and I are not the ENEMY, in fact we are on your team completely!! Please try to better understand what Dan and I are requesting from the Board, we are not fighting with them over the maintenance fees, Club Cascadas is a BARGAIN, as for anyone who has priced other less desirable timeshares, will quickly find out. The resort always looks great when I arrive, I have never criticized Mauricio or Miguel about the appearance of the resort, it is ALWAYS BEAUTIFUL.

So please keep an open mind and carefully read what Dan and I are doing and I think once you fully under that, you may find you will start supporting us working on your behalf, for a better Board of Directors!!

Give us a second look, I think you will find, you might just agree with us, on a few things?

Steve Akers

[Carolyn&lorne]

Just more bonkers rhetoric from two very misguided men. 

Sent from my iPhone

On May 26, 2021, at 2:27 PM, Steven E. Akers <st...@sakerscpa.com> wrote:



[Dorothy Matthews]

Carolyn. I've asked you this before. Why do you tune in to this as you are obviously so against it and it upsets you.  Turn it off. Move on. Give it a rest. Dan and Steve have no personal vendetta.  They are trying to make us aware of things going on that affect all members. Good night. Dorothy

[Steven E. Akers]

Dan,

The Board knows my e-blast letter, which only includes facts, that are 100% backed-up by 14 pages of official Club Cascadas documents and minutes, that can not be questioned, will be very damaging primarily to Richard Bort. So the Board is circling the wagons, to protect Richard Bort, who twice violated Delaware Corporate Law Section 220. I had earlier requested that Richard Bort be disqualified from running for re-election, because he had violate Delaware Corporate Law, when he intentionally attempted to completely eliminate the Members right to inspect the "books and records". Richard Bort violated his fiduciary duty of loyalty to the Members, which is, "to only do what is in the best interest of the Members". However, Richard Bort violated his fiduciary duty of loyalty to the Members, by not doing what was in the "best interest of the Members", "but, instead he did what was in Richard Bort's best interest". An ethical Board, should have disqualified Richard Bort from running for re-election, however our Board did not! However, our Board voted 100% unanimously, to deny me the right to tell the Members, how Richard Bort violated Delaware Corporate Law Section 220, because they want the Members to vote without being completely informed about Richard Bort's illegal actions, as a sitting Cascadas Board Member. It ultimately comes down to how the Members decide to vote. Members should NOT assign their proxy for the Board to vote, as the Board decides, because they can allocate all 3 votes, each Member has for each villa they own, 100% to Richard Bort. This makes it very difficult to unseat an incumbent Board Member, like Richard Bort, that the other Board Members, are attempting to protect by not allowing, the Members the right to know the extent of Richard Bort's attempted, damaging actions against the Members rights, as stated in the Bylaws.

The Members should know that, bad decisions, lead to bad results. Hopefully the Members will demand the Board allow my e-blast to be sent to all the Members.

Steve Akers

--

[Daniel Minnis]

Thanks Mark and we are all in agreement that our magnificent Club is one of the premier boutique resorts not just in Mexico but the entire world.  

I appreciate as a Board Member that you take the time to reach out, on occasion, to express your feelings.  What we as members deserve and need to know is are the accusations that once your Mom turned over the Club to members did the Board violate Delaware Law by motions and votes that restricted member rights to the “books and records”?  Your Mom and Dad ran a transparent operation and never restricted  member access to “books and records” and the Gidding’s Bylaws were 100% transparent.  Why did we go down a road of violations when the path your parents cleared kept member rights foremost.

Dan Minnis

On Fri, May 28, 2021 at 8:51 AM mark gidc <gidc...@outlook.com> wrote:

Good morning to all and all a good morning.

It’s another incredible day here in Cabo and Cascadas is looking better every year.

My mom and I have been following these emails and accusations over the past couple of years and I just wanted to say somethingthing.

We the family, who has poured our hearts and souls, blood sweat and tears into Cabo, Cascadas and our staff over the past 40+ years couldn’t be more happy with what has transpired since the transition from developer to accosiatoon.

The board of directors have done an incredible job with a very difficult task of running an American business in Mecico and we couldn’t be more proud of the team we have in place.

We’re so very proud of our sales team, on-site management, Trading Places and of course our works class staff.

We’re fortunate to have an outstanding COO in Mauricio who was personally trained on our family business by our COO Jessica Kim and is highly intelligent and is always looking out in the best interest of the association and its members.

I’ll also note that we have not had an increase in maintenance fees in 6 years, we’re almost done with the remodels with only a few years to go and it’s been a huge success for the association and our members with much appreciation and enthusiasm.

The members and sales department have worked in harmony with our members to create one of the most successful boutique resorts in all of Mecico.

All in all our family and especially myself and my mom could not be more excited and enthusiastic for the future of Club Cascadas de Baja and it’s membership.

It’s a shame to see what’s going on, I understand that everyone is entitled to an opinion on life issues or Club Cascadas but the truth of the matter is that our family goal was to turn the association over to its members at the transition time in healthy manner that Club could sustain its self as it did when the developer ran the club and that is happening.

We belived it then, still believe it now and we couldn’t be more happy and trusting in the existing team we have in place to day.

Viva Cascadas, our hime away from home!

Thanks, Mark

On May 28, 2021, at 12:28 AM, Steven E. Akers <st...@sakerscpa.com> wrote:



[Dorothy Matthews]

Why not just let the members see the books Mark. Or it that just to simple 🤷.  This would likely all go away?

[Nicole G.]

I am sorry but these emails are saddening and crazy distracting for a place we love to go on Vacation.  The place where my husband and I were married.

If Dan and Steve are correct about all the ill's of the board it is not good.  

If they are not, and all of these emails that are unending are for nothing...it is still a negative. Like a little black rain cloud!!

Going on vacation shouldn't be this hard or stressful.  We love Cascadas, I started going there as a teen and got lucky enough to have my fairytale wedding there...lately a lot of joy has been removed from our love of the place with all of this.  Which stinks.

I read the endless comments/and emails about who owns how much time and how the club must be much more important to them versus others.... Not true.

A person owning 20 weeks versus a person owning one week doesn't make the space any more special to the one who owns more necessarily. It could be indicative of their budget or indicative of the amount of time they have to spend away from their home. I don't believe the amount of time you own has any indication for how much you love the club. Nor do I believe that it's any better to own Villa Sol than it is to own a perlita... As if you're only a couple or a family of 15 your needs are different. 

We own several weeks.... And that means nothing more than that's the budget and time frame we have to devote to club Cascadas.

It's disappointing to think that there's possible discrepancy within the club's operation and board... However more disheartening than that is 'listening" to the way that members of the club interact here and on Facebook.

I am not writing this to judge anyone or to give my opinion on the two most primary people who tend to always be in the light for this topic...

Simply that just to say no matter what, this activity shrouds a beautiful place in darkness.

It is distracting and it is sad.

If in fact the composition of the board does not change in June... Clearly there will be some disappointed people in this email feed.

So will this all then just go on forever? Just curious.

There is no doubt that I understand the concerns...but, with the same things keep being said over and over... Why the need to endlessly repeat what everybody is already questioning or knowing?  

 

Anyway...we wish all well.  

feliz viernes...

Nicole and Rick Eggan

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[james lambing]

Thank You Mark, My family has been coming to the Club since your Father built it. The memories the we have are unforgettable. Our support is with you and the Board. Thank your Mother and the rest of your Family from our Family.

Thank You 🙏🏼 

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[Daniel Minnis]

Glenn and others,

There are several Board Members in this Group and Mark has taken the time to respond.  In answer to your question did any Board Member “gain” personally from the egregious acts of violating Delaware law?  I personally don’t believe they did unless they enjoyed the feeling of power in their ability to restrict member rights.  This does not excuse the action but is one explanation.  This all happened at the time Steve Akers was within his rights to request these records and for some unknown reason the board did not want any member to have access to these records.  It took Pat Gidding’s and Jessica Kim, COO and consultant, calling a meeting that Steve and I attended with Mark, Larry Greenberg, Dave Gidding’s, Dave Stoenner, and Mauricio Quezada and Jessica Kim advising the Board that they had no legal standing to restrict member rights.  The records were released and some problems were found but we did not see any malfeasance but did find areas of mismanagement and improper accounting principles.

We can easily put this to rest by Mark or Larry Greenberg, or David Giddings confirming that the Board erred egregiously by violating the law, making a sincere apology with the promise that this cannot and will not ever happen again.  Aida Trujillo sits on the board now and if by miracle I gain a position I can promise that we will vote adamantly against any motion that violates law or muddies transparency.  

Mark, Larry, David?  SET THE RECORD STRAIGHT and get rigorously honest with the members, please.

Dan Minnis

On Fri, May 28, 2021 at 10:14 AM Glenn Cushman <doc...@aol.com> wrote:

I understand the Delaware Law and transparency issue as it has been drilled into our heads lo these past few months. Given that violations occurred, did any Board member profit or receive any undue benefits from these violations personally. The word “liar” has been thrown around willy-nilly. I hate that word. I don’t understand why a Board member would violate provisions unless he/she stood to gain personally. Bad decisions occur on every board I am on but that doesn’t justify the acrimony I have seen in the last year between seemingly responsible adults. How has the lack of transparency and restricted access to the books hurt me financially? 

Asking for a friend,

Glenn Cushman 

Sent from my iPad

On May 28, 2021, at 7:21 AM, Daniel Minnis <dminn...@gmail.com> wrote:



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[Mark Johnson]

Would this help Dan?  https://www.youtube.com/watch?v=_mI7ldxcio0

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[Dave Schultz]

Ohforchrissakes.  I am so tired of seeing these posts.  Made up my mind for my 4 weeks of ownership votes.  Sent it in.  None of anyone's business how I voted.   All other owners, please do the same.

The dissension is making me think about selling my weeks with today's value and not risk a future someone's hesitation to want to buy in with this obvious public disparagement/disagreement and a possible devaluation of our weeks.

Think about it.

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Dave Schultz

[Dave Schultz]

Ohforchrissakes.  I am so tired of seeing these posts.  Made up my mind for my 4 weeks of ownership votes.  Sent it in.  None of anyone's business how I voted.   All other owners, please do the same.

The dissension is making me think about selling my weeks with today's value and not risk a future someone's hesitation to want to buy in with this obvious public disparagement/disagreement and a possible devaluation of our weeks.

Think about it.

On Tue, May 25, 2021 at 6:48 PM Daniel Minnis <dminn...@gmail.com> wrote:

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Dave Schultz

[Janelle Blanco]

Just curious – is there another Club Cascadas member group that doesn’t focus on politics and vitriol?  If so, please send me the group info.  Thanks!

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[James Thibault]

Finally a point worth reading. Thank you Mr Dave Shultz. I am a new member here and honestly this stuff can really hurt the values.

If not true, it's slanderous and that can be dealt with by the Board. If true, are there reasonable explanations?? If so, I encourage the existing board to respond..assuming legal counsel agrees. 

As far as all the Delaware Law references, I suspect there are laws that protect my personal information from being shared. There are California and Mexican laws to consider as well. There are probably more that just Delaware laws to consider...my guess. 

There is a process in place, vote and let it be done. 

Dan, I had voted for you.....but I can't in good conscience think the approach you take would be best for the club. If you are fortunate enough to be elected, please just realize that teamwork matters. The club is in great standing best I can tell. I love your passion but really have trouble with the negative energy and potential damage being done to our investments. 

Best Wishes...to ALL

Jim

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[Steven E. Akers]

James,

Your personal information is completely and totally protected, OK so don't invent problems, that could scare other Members or future Members! Neither Dan or I are asking the Board to distribute your personal information to either of us. Trading Place International (TPI) is in complete control of the membership list, they have all your personal information safely protected from the "evil doers" Dan and Steve Akers, so relax, OK!!! TPI has agreed to email to all the Members, from their secure protected membership list what Dan and I feel the Members need to be made aware of, on how Richard Bort on two separate occasions attempted to eliminate the Members "Rights" to inspect the accounting "books and records". Fortunately for all the Members, Dan Minnis, located the egregious, intentional error Richard Bort made, when he prepared the Restated Bylaws on March 31, 2019. Richard Bort spent, $11,100 consulting with a qualified attorney, of the Members maintenance fees to prepare the Restated Bylaws, when presented to the Members to vote on, were not in compliance with Delaware Corporate Law!! Just so you know the Cascadas de Baja Association, (Club) is a Delaware nonprofit corporation, so Delaware Corporate Law rules how the corporation is operated. Yes, California Law does apply, but it s not the dominate jurisdiction. Mexico, who knows?

In terms of Dan ability to work with the Board, he contacted Larry Greenberg, after Dan Minnis located the egregious error, in the most important legal document for the Members, the BYLAWS! the Bylaws are our contract with the Board of Directors on how they are required to operate the Club and protect our "rights". So Dan Minnis, in his typical professional manner, worked together with Larry Greenberg to correct the error in the Bylaws prepared by Richard Bort. Dan Minnis accomplished this while the Members were actual voting on the approval of the Restated Bylaws. This was taking place from around April thru June of 2019. So if you value an man of ACTION over those that just want to give you HAPPY TALK you want to elect Dan Minnis to the Board! All of us Members need to contact our friends that are Cascadas Members and tell them not to vote for Richard Bort!!!! The Members should thank Richard Bort for his years of service to the Club, however, you don't re-elect someone  who did not have the "Members best interest in mind when he was performing his fiduciary duty to the Members, as a prior Director, voted onto the Board in 2018!!! 

James I think you made a very intelligent request from the Board? If any of the statements Dan or I have made, that the feel are either slanderous or not facts backed-up with Cascadas BOD minutes as evidence. Why has the Board remained silent and afraid to provide evidence to show all the Members, that what Dan Minnis and Steve Akers are saying are lies and here is the proof for the Members to evaluate? You would think, if what Dan and I are saying about Richard Bort violating Delaware Corporate Law, by eliminating the Members rights to inspect the accounting "books and records", the Board would offer evidence to defend Richard Bort? However, don't you find it strange that you have not heard a "PIP" from the Board. This is because the Board knows everything both Dan Minnis and Steve Akers are saying is all TRUE. James, please ask the President of the Board Larry Greenberg to submit evidence to the Members that refutes what Dan and Steve are saying? You would think that should be be very easy to do, but have you seen them attempt to embarrass either Dan and I as lairs by presenting evidence to prove Richard Bort is not guilty of what both Dan Minnis and I are saying ? Why Not? The Members deserve to know if Dan Minnis and Steve Akers  are lying, or is the Board protecting a Director that has violated his fiduciary duty to the Members, by not acting in the Members best interest? How about it Members lets flush out the TRUTH from the Board, either prove Dan Minnis and Steve Akers are LIARS or admit Richard Bort violated Delaware Corporate Law Section 220 on October 3, 2018, by attempting to limit Members access to only inspect, 1. the minutes, 2 . the year-end annual financial statements and 3. the year-end general ledger after it had been reviewed by an independent CPA.

Then again, on March 31, 2019 Richard Bort prepared the Restated Bylaws which completely eliminated the Members "rights" to inspect the accounting 'book and records", except for the "MINUTES". Fortunately, Dan Minnis got this fixed before the end of the voting. If any of the Members wonder why this is so personal to me? At the same time Richard Bort was attempting to eliminate the Members rights to inspect the "books and records", Steve Akers was following all the rules as stated in the current Cascadas Bylaws in 2018 and prior to vote on June 19, 2019, requesting to inspect the accounting "books and records" to learn more about the $6 -$7 million the Club had spent on the "remodeling project", which the Board did not want to disclose to Steve Akers. So Richard Bort was attempting to pass illegal policies and Bylaws to stop Steve Akers from exercising his "rights" to inspect the Cascadas accounting "books and records"!

So James and all the other interest Members, please send an email to Larry Greenberg to provide evidence what Dan Minnis and Steve Akers are saying about Richard Bort are FALSE, we dare you!!!

The current and future Members should only be glad to have a Member like Dan Minnis, who owns 9 weeks at the Club, and is immensely qualified to provide HONEST transparency and disclosure to the Members, who is will to run for a voluntary, thankless job of being a Director on the BOD. Members we can't allow this chance to have a high quality individual like Dan Minnis on our Board escape us! Please vote for Dan Minnis as a Director on the BOD!!  Why would any new or current Member not want to have a high quality, honest person elected to the Board? Let's all get the Board to respond to what Dan Minnis and Steve Akers are saying!!

I am done, now members do your part to help improve the Board of Directors by electing Dan Minnis. Also "ask the Board to put-up or shut-up."

Steve Akers

(858) 538-4688 call me if you have any questions!

[James Thibault]

Steve,

 Congratulations Sir. Your childish response to my kind email just cost Dan obtaining all of my 6 weeks of ownership votes for a board position. No one on this string needs to be told to relax except you. You are talking to a grown man, a professional.....think before you write anything else. 

Please grow up. You are not helping yourself or Dan with this approach. 

Dan,

My apologies but I just called TPI for a new ballot and you lost my votes. Association with this level of animosity to people who just want peace and respect (me and other members) has hurt your cause. Damn I wish y'all had just stated your case without coming across as insane.

Jim

[Finn Melgardshagen]

James

Thanks for your comments, I  sincerely appreciate them... and I did not take anything from your email earlier that you somehow were not relaxed in your thoughts so I dont quite understand comments interpreting your emotions on what seemed like reasonable and responsible  comments.  I am no expert on Delaware law and freely admit that, but multiple individuals have shared with me   that there is Delaware Law, California Law, and Mexico Law to consider so at a minimum there are  differences of opinion in this area.  I want  transparency within the Cascadas community as well, so long as it  100% guarantees that personal information isnt shared/made available I am all for it. 

Dan...... You and I have shared a private email exchange previously.... I love your story and I have absolutely zero doubt (nobody else should either in my opinion) that you love this club as much as anyone.  I hope we meet up one of these days and we can have a beer or beverage together. But the approach here is also not what I want for the club because there are other methods/approaches to the end game. I have no doubt that that there are opportunities to improve the club in multiple areas and would like to assume that even the current board members feel like there is more work to be done...... Im sorry, I cant vote my 8 weeks to you either, I simply feel like it would only bring more turmoil and conflict when these are the very last two emotions I want  to consider when thinking about my favorite place in the whole world. Its too bad, because aside from the approach in all this, I have loads of appreciation and respect for you story and passion for Club Cascadas. 

Lastly, I have to wonder why  Giddings family opted to pass this club to its members. I have only been a member for 7-8 years, and I  only own 8 weeks although I am adding more this year... I dont have the experience of this fantastic club the past 30 years like so many of you,  but it seems pretty unique to me that a family  having every right to own their life's work would opt to hand it all over to its community. I wonder if that was the right decision. 

Thanks, and welcome all the negative responses anyone wishes to deliver, though I will say that anyone that I have met at the beach or at the pool have been fantastic and that is also what makes Club Cascadas so wonderful

Finn

To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-de-baja/CADHSQ2v%3DHHfzvr2yv06ckDdMVLnnqMSb9N-G7sSn9MVPRdyYag%40mail.gmail.com.

[Cristy Leone]

Thank you James and Finn. You nailed my same thoughts and  understanding  of this on going debate that should stop.  Just left the club and the 100+ emails made for nauseous flight home, but somewhat interesting (like a train wreck you can’t look away from) Steve and Dan you have made your opinions very clear and now let’s just wait for the vote. Best wishes to all. As always there’s two sides of the story and truth lies somewhere in between. 

Cristy Leone(2nd generation owner) 

On May 28, 2021, at 5:34 PM, Finn Melgardshagen <fmelgar...@gmail.com> wrote:



To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-de-baja/CAFm70GBakY_yx-HGdG-OtcLB1wbB3r8EZzRu-GdALvWmKjYBmQ%40mail.gmail.com.

[Carolyn&lorne]

I cannot think of a more divisive and disreputable person to be on the Board. It sounds as though both you and Dan have drunk the koolaid. 

Sent from my iPhone

On May 29, 2021, at 6:05 AM, Robert Smolen <robert...@att.net> wrote:

James I don’t know you but I bet you’re a great guy and I know Dan and Steve are great guys as well.  I’ve learned my lesson about making changes to important decisions based on emotions.  I’ve made those changes during heated issues but i regret them.  

  

If the Board would just answer the question, Did they violate Delaware law, this issue could be put to rest.   

Bob

Sent from my iPhone11

--

This is a group for individuals who owners in Club Cascadas Legacy, who wish to discuss how to improve the resort as well as voice their valid concerns about our Club Cascadas ownership/membership. If you need any assistance please contact Rosemar...@aol.com
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[Steven E. Akers]

Bob,

Your question to the Board is short, and on point. You are Brilliant!!! Let's see who on the Board, is willing to answer your Brilliant question????

Thank you, for your Wisdom and straightforward honesty, that I hope the Board will answer.

Steve Akers

(858) 538-4688

On 5/29/2021 6:05 AM, Robert Smolen wrote:

James I don’t know you but I bet you’re a great guy and I know Dan and Steve are great guys as well.  I’ve learned my lesson about making changes to important decisions based on emotions.  I’ve made those changes during heated issues but i regret them.  

If the Board would just answer the question, Did they violate Delaware law, this issue could be put to rest.   

Bob

Sent from my iPhone11

On May 28, 2021, at 6:36 PM, James Thibault <jamesth...@gmail.com> wrote:



[Steven E. Akers]

Mark,

Robert Smolen (Bob) at 6:05 AM on 5/29/2012 asked the Board a question, that question is, "If the Board would just answer the question, Did they violate Delaware Law, this issue could be put to rest." As the clear spokesman for the Club Cascadas Board, would you be so kind as to answer Bob's question? Then, if not? Why not?

Thank you for your help, in answering this question for the Cascadas Members, so we can put this issue to rest!

Steve Akers

On 5/28/2021 6:51 AM, mark gidc wrote:

Good morning to all and all a good morning.

It’s another incredible day here in Cabo and Cascadas is looking better every year.

My mom and I have been following these emails and accusations over the past couple of years and I just wanted to say somethingthing.

We the family, who has poured our hearts and souls, blood sweat and tears into Cabo, Cascadas and our staff over the past 40+ years couldn’t be more happy with what has transpired since the transition from developer to accosiatoon.

The board of directors have done an incredible job with a very difficult task of running an American business in Mecico and we couldn’t be more proud of the team we have in place.

We’re so very proud of our sales team, on-site management, Trading Places and of course our works class staff.

We’re fortunate to have an outstanding COO in Mauricio who was personally trained on our family business by our COO Jessica Kim and is highly intelligent and is always looking out in the best interest of the association and its members.

I’ll also note that we have not had an increase in maintenance fees in 6 years, we’re almost done with the remodels with only a few years to go and it’s been a huge success for the association and our members with much appreciation and enthusiasm.

The members and sales department have worked in harmony with our members to create one of the most successful boutique resorts in all of Mecico.

All in all our family and especially myself and my mom could not be more excited and enthusiastic for the future of Club Cascadas de Baja and it’s membership.

It’s a shame to see what’s going on, I understand that everyone is entitled to an opinion on life issues or Club Cascadas but the truth of the matter is that our family goal was to turn the association over to its members at the transition time in healthy manner that Club could sustain its self as it did when the developer ran the club and that is happening.

We belived it then, still believe it now and we couldn’t be more happy and trusting in the existing team we have in place to day.

Viva Cascadas, our hime away from home!

Thanks, Mark

On May 28, 2021, at 12:28 AM, Steven E. Akers <st...@sakerscpa.com> wrote:



[Luain Hensel]

What kind of a dumb ass are you?  Even if Delaware law was violated, any admission of that would subject them to liability.  If they did admit it, they would be a bigger dumb ass than you are.  

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[Luain Hensel]

Steve, the more I think about this, the more infuriated I have become.  If they were to say they did not violate Delaware law, you would simply call them liars.  The only way to end this never ending bullshit is for you to sue the board and let a court determine who's right about the issues you have REPEATEDLY raised and whether laws have been violated.  Put your money where your mouth is and stop bothering everybody and trying to divide all of us.  I could go on and on, but unlike you, I believe less is more.

-----Original Message-----
From: Steven E. Akers <st...@sakerscpa.com>
To: mark gidc <gidc...@outlook.com>
Cc: Daniel Minnis <dminn...@gmail.com>; Aida Trujillo <aid...@hotmail.com>; Larry Greenberg <larry...@gmail.com>; Marty Russell <rslgr...@gmail.com>; Mauricio Quezada <Mauricio...@clubcascadas.com>; Richard Bort <rb...@earthlink.net>; Wilcox, Doug <Doug....@vriamericas.com>; Ben Dorman <mwdo...@sopris.net>; Beth Frazier <mbethf...@gmail.com>; Club Cascadas Legacy Owners Group <club-cascadas-le...@googlegroups.com>; David GIDDINGS <giddin...@me.com>; Dawn Dalrymple <eyes...@cox.net>; Don DiCarlo <dondi...@charter.net>; Dorothy Matthews <dandf.m...@gmail.com>; FRANK BARONE <frank...@me.com>; Iyad Khoury <Iy...@availhoa.com>; Julie Willard <juliew...@yahoo.com>; K Opsata <kop...@nwlink.com>; Larry Barninger <lbarn...@templecre.com>; Lauan...@earthlink.net <Lauan...@earthlink.net>; Lisa Vargas <lisava...@yahoo.com>; Lynda Ariano <l.ar...@icloud.com>; Moran, Luis <Luis....@vriamericas.com>; Robert Smolen <robert...@att.net>; SUSAN FRAZIER <bandsf...@yahoo.com>; Shirley Bowman <beachy...@yahoo.com>; Todd James <Todd....@haworth.com>; Troy Salazar <troyd...@cox.net>; Welcome to Club Cascadas De Baja <club-casca...@googlegroups.com>
Sent: Sat, May 29, 2021 4:00 pm

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[Daniel Minnis]

Luain, you know I appreciate all the support you have given me over the years.  Steve is no fool and certainly not dumb.  I understand your position and how this has frustrated you, me, and most members.  Suing Club Cascadas serves no purpose.  All Steve, me , you and others are asking is to know the truth.  The Board has made some serious mistakes and nobody is seeking damages but instead seeking admission and apologies and a concerted effort to rectify those egregious mistakes and a promise to govern our fabulous Club in a legal and prudent manner. Mark Giddings is the ONLY board member who has admitted mistakes were made in public communications and I would hope the board as a whole would follow his lead.  I apologize to all members for the frustration I have brought by uncovering these violations of law but in good conscience I, Steve, and others can not allow this behavior to continue and I am confident the future boards will not fail the membership as they have in the last 3 years.  I may or may not obtain a position on the board but will always hold the board accountable if they fail in their fiduciary duties of honesty and loyalty.  

Everyone who is angry at Steve needs to walk in his shoes for the last 3 years and they will understand his dissatisfaction and frustration with the board pertaining to broken promises and laws.  Steve has spent hundreds of hours analyzing the books and records to insure compliance, transparency, and fiscal competence.  Many of his findings have enlightened the board and changes have been implemented to bring the Club into fiscal and fiduciary compliance and they have thanked Steve for his hard work and in depth analysis.  

The Board remains silent in the simple question I have asked for 2 years.  “Did the Board violate member rights by motioning and passing legislation that was in violation of Delaware Law Section 220 which governs our Club.  Their silence in answering this simple question is the answer I sought.  I never expected them to admit an illegal action but a competent board would never violate the laws that govern an organization and this is the promise I make, if elected, is I will never allow a board I serve on to violate the law.  

I have 30 years of voluntary board service in Condominiums Charity, and Healthcare services and have never seen this type of egregious governance.

Dan Minnis

[Gale Heilman]

Dear Dan and Steve, 

I have never responded to any of this before, but obviously it is time.

Thank you for taking all the slings and arrows and putting yourselves out there to do the right thing.  Most people don’t like confrontation and just don’t want to make waves, which is why our country is in its current state.  People have stopped standing up for what is right because they just don’t want to cause a problem or give people discomfort.  I admire what you are doing and really respect your tenacity to get to the truth.  Why that would bother people?  I’m not sure, but likely they lack understanding on losing rights and what that could mean for the future of the club.

Know that I am on your side and am behind you.  It is important for what rights we do have, that they are honored, and those that do not honor those rights, be ousted.

I admire you and thank you for continuing to fight the fight for me and everyone else who loves Cascadas.

Sincerely,

Gale Heilman

Perla 4 Owner

Sent from my iPhone

On May 30, 2021, at 4:06 PM, Daniel Minnis <dminn...@gmail.com> wrote:



To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-de-baja/CAF6id0ZamMzFicfZD1k1ca9uc0LXyYOLJGtL0aDYtLixDfavog%40mail.gmail.com.

[Daniel Minnis]

Gale,  thank you!  Those kind words mean the world to Steve and me and I appreciate you expressing your sentiments to the entire group.  Hundreds of members have messaged us privately with support but few put themselves out there for ridicule like you just did.  Steve and I have been called every vile name imaginable by other members, a board member’s wife, and even an advisor to the board.  The Board has been very careful of condemnation and this is commendable considering what has transpired.  I firmly believe that the majority of board members did not intentionally violate Delaware Section 220 but the fact remains they voted Policy in April and October of 2018 which destroyed member rights.  Fortunately they rescinded these inappropriate actions in October 2019 which does show they realized their egregious errors.

I will continue to take a beating as long as member rights are jeopardized.  Gale, your words keep me focused!

Dan Minnis

[Laurie Andrews]

Gale, very well said and I whole heartly agree with you.

To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-legacy-owners-group/CAF6id0bCaoZgU-zsvtas3s9ApL62cwwWkFW3CXrJezPzwqbDUg%40mail.gmail.com.

[Daniel Minnis]

Thank you Frank Barone for your personal and legal insight as a member and attorney.  You are correct and we members need to vote accordingly.

Any chance you would be willing to serve on the Cascadas Governance Committee?  We could sure use your years of experience and legal mind.

Dan Minnis

On Mon, May 31, 2021 at 12:59 PM FRANK BARONE <frank...@me.com> wrote:

Exactly. Many people are too weak of knee or spine to demand accountability from the folks who owe it to them. And they believe anyone who will is not being “nice”.

Since 1970 I have been actively involved in managing and evaluating Homeowners Associations and concurrently practicing Administrative Law - holding all manner of Bureaucrats responsible. Simple truth is that “ The ability to get elected is absolutely unrelated to an aptitude for governance “. Of course there is some euphoria to being elected - back to “ pick me; pick me “ on the playground. It is not a measure of performance.

MEMBERS HAVE AN ABSOLUTE RIGHT TO EXAMINE ALL BOOKS AND RECORDS AND PROCEDURES UNDER REASONABLE CONDITIONS. PERIOD. HOA Boards and Bureaucrats get testy, smug and arrogant - mostly to cover up their incompetence or wrongdoing; or because they have “Christus Complex” about their position.

I have proved it over and over and over in the trenches, the highest level of the Courts and the President’s Cabinet.

Cascadas does not need litigation. Some Board Members need to get over themselves.

Sidebar: Our country is in its present state because people vote with no more acumen or deep thought than they exercise shopping in the snacks aisle at the store. 

To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-de-baja/93BD3EBE-85DA-448B-815D-9F1F147FCEFB%40legalgraphix.com.

[Amber Wimberly]

Dan truly does have our best interest at heart!  He will make an excellent board member! He will get all 9 of my votes!

Sent from my iPhone

On May 31, 2021, at 11:33 AM, Daniel Minnis <dminn...@gmail.com> wrote:



To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-de-baja/CAF6id0Y-vGLJ_LAJV%3D-Vs5uU%3Dx%2Bs2SQKG9cKoTgjcU%3DcnW61Dw%40mail.gmail.com.

[Daniel Minnis]

Rosemary,  I am humbled and encouraged by your action and words that we have reached other members who trust we have always kept Club Cascadas Member Rights in the forefront.

Thank you and know I will represent you and your family with integrity and honesty.

Sincerely yours

Dan Minnis

On Mon, May 31, 2021 at 1:32 PM Rosemary Allison, Coldwell Banker Realty - Estates Director <rosemar...@aol.com> wrote:

Dear Club Cascadas Members,

Gail thank you for your statement. 

My family owns 21 weeks of Cascadas Legacy units.  I have been one of the "chicken hearted" members who have read all of these many many missives and simply planned to vote for Dan without subjected  myself to the negative words of some of this group.  I think that the gentleman that stated he was going to revoke his votes for Dan gave me to the courage to write to you as Gail did.  

I think it is imperative that we have a Board of Directors that is vigilant in protecting the members rights.  I am concerned that I am seeing Board members that I have trusted having concerns about member access to either the candidate statements of candidates who are on the ballot; or about opening up the books and records. The issue of Delaware Law seems inconsequential - the fact that our Board reinstated the item that violated it - is admirable - but what alerted them to the issue? I am guessing the vigilance of Dan Minnis and Steve Akers. We are truly blessed to have members like them who have the time and patience to protect us - please show them appreciation - not rudeness. 

I endorse Dan Minnis, because I feel he would be a strong Board of Director that will have the best interests of Legacy owners, like myself, foremost in his mind. I hope that those of you who are on the fence consider this when you vote. My votes are in and they are not changing.  I appreciate the efforts both Dan and Steve have made to support our membership.  I do not discount Mark Giddings or the Giddings family in what they have established - but just as our government needs "checks and balances" so do all bodies of regulation - including Club Cascadas.  I hope you will join me in voting for Dan Minnis on our Board of Directors.  

A vote for Dan Minnis IS NOT A VOTE AGAINST THE CURRENT BOARD OF DIRECTORS - it is a vote for a strong voice to protect owner's rights.  Dan will not have a majority vote on the board - but he will be a voice that can be a balance.  

Everyone can we please stop the mud slinging?  If you aren't interested in this election or the rights of potential candidates saying their peace - tune it out and vote your conscience.  I, for one, am interested in the future of our "home away from home" and read every one of these emails. 

Rosemary Allison   

 

Thank you for taking all the slings and arrows and putting yourselves out there to do the right thing.  Most people don’t like confrontation and just don’t want to make waves, which is why our country is in its current state.  People have stopped standing up for what is right because they just don’t want to cause a problem or give people discomfort.  I admire what you are doing and really respect your tenacity to get to the truth.  Why that would bother people?  I’m not sure, but likely they lack understanding on losing rights and what that could mean for the future of the club.

 

Know that I am on your side and am behind you.  It is important for what rights we do have, that they are honored, and those that do not honor those rights, be ousted.

 

I admire you and thank you for continuing to fight the fight for me and everyone else who loves Cascadas.

Rosemary Allison

---

Coldwell Banker Realty

Call or Text: 805.479.7653

DRE #00545184

rosemar...@aol.com

2020 Daily News BEST CHOICE Realtor in Ventura County

2020 Woman of the Year Please check out my Zillow Reviews here

https://groups.google.com/d/msgid/club-cascadas-de-baja/007201d7562f%2476b69d90%246423d8b0%24%40earthlink.net

.

[Daniel Minnis]

Amber, your support of Cabo programs, Club Cascadas and its employees as always been an inspiration to me.  Thank you for your confidence in me!

Dan

[Laurie Andrews]

Very well said rosemary.  I agree with you and he will get my 9 votes.

To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-legacy-owners-group/CAF6id0Z-%3Dw7wV-ceWjQi8X8O9XQe5h%2Bh%2Byz7S-HvsnAgyhq38Q%40mail.gmail.com.

[Daniel Minnis]

Thank you Laurie!  I will represent you well.

Dan

[David Brookshire]

Hi All: I would like to echo the positive comments/reasons stated  below regarding having Dan join the Board. I especially find Rosemary’s comments compelling. We cast the votes for our 11 unit for Dan. David and Molly

 

David S. Brookshire

Distinguished Professor (Emeritus)

1901 Via del Sol NE

Albuquerque, NM 87110

Cell Phone: 505 980 4864

e-mail broo...@unm.edu

 

 

From: club-cascadas-le...@googlegroups.com <club-cascadas-le...@googlegroups.com> On Behalf Of Daniel Minnis
Sent: Monday, May 31, 2021 4:00 PM
To: Laurie Andrews <lauan...@earthlink.net>
Cc: Doug....@vriamericas.com; Iy...@availhoa.com; Luis....@vriamericas.com; Mauricio...@clubcascadas.com; Rosemary Allison, Coldwell Banker Realty - Estates Director <rosemar...@aol.com>; Todd....@haworth.com; aid...@hotmail.com; bandsf...@yahoo.com; beachy...@yahoo.com; club-casca...@googlegroups.com; club-cascadas-le...@googlegroups.com; dandf.m...@gmail.com; dondi...@charter.net; eyes...@cox.net; frank...@me.com; ghei...@legalgraphix.com; gidc...@outlook.com; giddin...@me.com; juliew...@yahoo.com; kop...@nwlink.com; l.ar...@icloud.com; larry...@gmail.com; lbarn...@templecre.com; lisava...@yahoo.com; lth...@aol.com; mbethf...@gmail.com; mwdo...@sopris.net; rb...@earthlink.net; robert...@att.net; rslgr...@gmail.com; st...@sakerscpa.com; troyd...@cox.net
Subject: Re: Cascadas de Baja - Communication to members

 

  [EXTERNAL]

To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-legacy-owners-group/CAF6id0bxfTHngvY3JT02Qeit%3Dg%2BFiTHgnRW%3Dsa4P0TQq3%3Dx%3Dhg%40mail.gmail.com.

[Daniel Minnis]

Thank you David for your support now and your help back in 2019 when we decided to travel down this arduous road.  Your comments a few years ago about the VALUE of Club Cascadas struck me, especially coming from an Economist of your stature.  I will represent you and your family well and will look forward to accessing your expertise if you are game.

Dan Minnis

[Beth Frazier]

All,

We want to put our two cents in here and appreciate your time.    We have been owners at Club Cascadas for 15 years.   We own Week 28 Casa Del Rey and Villa Cortez and Week 29 Villa Sol.   The reason I mention this is because our investment is important to us as I am certain it is for all of you.    My husband and I are very interested in the club, the staff and the financial stability.  We have been blessed enough to help the staff during times they most needed us - hurricane, covid, etc.  Anytime we have been to the club and encounter any issues the staff has always been accommodating and helpful.   We have encountered a few situations that did not get resolved in a timely fashion or to our expectations.  I have talked to the on-site management, Mark and bent Dan's ear about these situations.   I appreciated their insight although it did not result in the outcome I had hoped for.     

Our belief is that Dan can bring a new outlook to the board.  We know that he has the best interest of the club and members.   He has always taken the time to talk with us and work to get the right answers not just the answers we want.    

We don't like all the dissention between Steve/Dan and the current board.  However, not once have we encountered the board to be upfront and honest with us.  There was one situation that we called on the board to help us resolve and felt as if it was more of an inconvenience to get involved than to help us resolve it.   We even got to the point where we wanted to sell our weeks because of this situation.   We felt betrayed.    

When the hurricane hit and we setup a fund to help the staff, I thought the board would quickly take the lead and distribute money to those staff members who were most in need. After 1 month, I got a call from a staff member who informed me that the money was not distributed. I was furious. These people needed our help and the money was there. I was unable to get the board to move quickly to distribute the money. So we headed to Cabo with money to help the staff. We did what we could... bought hot water heater, gave money for rent, etc.    We feel blessed to be in a position to do this.    The board waited almost 2 months before distributing any money.   I think there are better ways to help in the time in need.  This taught us that if we wanted to help staff, we needed to take it upon ourselves to make it happen and not rely on the board.   

When one of the staff was fired, he called me in tears and the fear was real. I immediately took matters into my own hands and setup a go fund me account to help him and his family.  Guess what the money was distributed to him within a couple weeks.  We need a board/advisors and on-site management that is compassionate!  Remember when Mrs. Giddings would tell us about what she and her family were doing for the staff.  The educational opportunities, the transportation, etc.  That was compassion!  I miss her and her direction so much!   She truly cared about members and the staff.  Why don't we hear about anything like that?   Is that a thing of the past?       

The current board seems to get caught up in things that don't matter and become paralyzed.   We personally want a board who can answer questions and get things done in a timely fashion.  A board that is honest, forthcoming and is not afraid to engage the members.  We want to hear from the board about what they are planning to do for the club, the staff and the members.  We want a board/advisors who are not reactive but proactive.  I know that a phone call from a board member to survey my thoughts and feelings would go along way and make me feel like I was a part of something that was special.  It has become a 'good ol' boys club' in our opinion.

We all deserve to be heard but we all deserve to be respected. I don't want the ongoing negative exchange to continue. My parents always told me that if I had nothing good to say, not to say anything at all.  What was done in the past is in the past.. Let's move forward.... silence from the current board tells me all I need to know. I urge you Dan Minnis to move forward and not worry about the past and what was done or not done. Let's become better, do better and make people feel special. Isn't that what our goal is... to make people feel good about their investment!   

I pray for the club, the board, the staff, the Giddings family and the members as we move through this trying times.  Please remember to be kind and treat others as you would want to be treated.  It is really that simple.   

Thank you,

Todd and Beth Frazier

--

'Not all of us can do great things. But we can do small things with great love"  Mother Teresa

[Eugene Luth]

I don’t get involved in the e mail battles but this e mail by Beth Frazier says everything we need to know about our beautiful Cascadas.

Well done.

GENE LUTH

Sent from my iPad

On May 31, 2021, at 5:59 PM, Beth Frazier <mbethf...@gmail.com> wrote:



To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-de-baja/CAEGMQr_5jk9GH8K%3DapAyqhPP7Uik4NWdhw79n93zv0AvCLvj3A%40mail.gmail.com.

[Daniel Minnis]

Thanks Beth, wise words.  You warned me when I set up the Employee Covid Relief Fund and we encountered the same problem distributing $80,000 in a timely fashion despite promises from the Board. 

Dan

[Michelle Ebert]

Agree Gale. Thank you. 

Sent from my iPhone

On May 31, 2021, at 12:33 PM, Daniel Minnis <dminn...@gmail.com> wrote:



To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-legacy-owners-group/CAF6id0Y-vGLJ_LAJV%3D-Vs5uU%3Dx%2Bs2SQKG9cKoTgjcU%3DcnW61Dw%40mail.gmail.com.

[Steven E. Akers]

Dan,

Again, you have hit the nail on the head! On October 3, 2018, Richard Bort made a motion and Glen Brush seconded the motion, to approve a "Policy", regarding the inspection of the Association's Records, along with Exhibit E. The purpose of this Board "Policy" was to clarify the meaning of Section 3.8(e) of the Association's Bylaws. The Association has authorized the management company to make the Association's corporate records available for any Member in good standing, to inspect these records, which were limited to:
1. The minutes of the Association's Board of Directors
2. The association's year-end annual financial statements.
3. The general ledger at year end that has been reviewed by an independent CPA.

I am asking Mark Giddings, as the spokesman for the Board of Director's to tell the Members, this WAS a violation of Delaware Corporate Law Section 220? Mark, I have always thought of you as a stand-up guy. Well Mark, this is the time for you to stand tall as a leader, and be honest with the Members. Richard Bort and Glen Brush violated Delaware Corporate Law, when at the October 3, 2018 Board Meeting, they passed this "Policy" and Exhibit E. Then, they proceeded to lead the entire Board over an honesty and fiduciary duty of loyalty cliff, just like a bunch of "Lemmings". This "Policy" and Exhibit E completely eliminated the Members "Rights" to inspect the accounting "book and records", as required by Delaware Corporate Law Section 220. Not only did Richard Bort and Glen Brush, along with the rest of the Board violate Delaware Corporate Law Section 220, they also violated their fiduciary duty of loyalty to the Members. The fiduciary duty of loyalty, requires director's to always do, "what is in the best interest of the Members." Mark, I am asking you to show courage and be honest with the Members. You need to convey through either correspondence or by email, so the Members know, what Dan Minnis and Steve Akers, have been saying about Richard Bort violating Delaware Corporate Law, along with violating his fiduciary duty of loyalty to the Members, is true. All of the Members, love and trust your Mother, Pat Giddings and we also want to feel, we can trust you. However, until you show the leadership, that I have seen you provide in the past, by directly addressing my issues with Richard Bort, I will continue to request, that the Cascadas Board be honest and transparent with the Members, about Richard Bort violating Delaware Corporate Law, Section 220, on October 3, 2018! Yes, the Board has corrected the violation Richard Bort and Glen Brush passed on October 3, 2018. After almost a year the Board eventually figured out what Richard Bort passed on October 3, 2018, was in fact a violation of Delaware Corporate Law, Section 220. Ironically, on October 1, 2019 Richard Bort motioned and Lawrence Greenberg seconded the motion, to RESCIND the exact same "Policy" Regarding Inspection of the Association's Records, that was approved on October 3, 2018. In the October 1, 2019 Board minutes it states, "THEREFORE, BE IT RESOLVED that the Policy Regarding Inspection of the Association's Records adopted on October 3, 2018 be and hereby is RESCINDED." The exact same illegal "Policy" and Exhibit E Richard Bort motioned and passed on October 3, 2018, was determined by the Board, to be a violation of Delaware Corporate Law, Section 220, and as such had to be RESCINDED!

On May 29, 2021, Robert Smolen responded to an email from James Thibault, with the following statement. "If the the Board would just answer the question, Did they violate Delaware Law, this issue could be put to rest." On May 30, 2021 Larry Greenberg, the President of the Cascadas Board, responded to Dan Minnis and Steve Akers, with the following answer to Robert (Bob) Smolen's question as follows: "The answer is no, the Board did not violate the law." This is a perfect example of why it has been such a struggle, for Dan Minnis and Steve Akers, to get honest answers from this current Cascadas Board of Director's, as well as any type of transparency, we have requested! On October 1, 2019, the Cascadas Board of Director's minutes state, the Board voted to RESCIND the October 3, 2018 "Policy" and Exhibit E, motioned and passed by Richard Bort. Why on October 1, 2019, did the Cascadas Board have to rescind the October 3, 2018 "Policy" and Exhibit E, passed by Richard Bort? They had to RESCIND these "Policies" because the Board subsequently realized the "Policy" and Exhibit E, were in violation of Delaware Corporate Law, Section 220! However, the President of the Board of Director's, Larry Greenberg gave Dan Minnis and Steve Akers, an answer to Robert (Bob) Smolen's question that was a bold faced FALSE ANSWER! This is why Dan Minnis and Steve Akers are attempting to inform the entire Cascadas Members, of the extent of the deceptive and inaccurate information, provided to the Members by this current Board of Director's. Maybe Larry Greenberg, would be willing to provide the Members, an explanation of why on October 1, 2019, the Board had to RESCIND the October 3, 2018 "Policy" and Exhibit E? If the "Policy" and Exhibit E had to be RESCINDED, because they were in violation of Delaware Corporate Law, wouldn't Larry Greenberg, have a fiduciary duty of honesty, to provide a more honest answer to Dan Minnis and Steve Akers regarding Robert (Bob) Smolen's question?

Mark, I agree that your family has poured your hearts and souls, blood sweat and tears into Club Cascadas, and that is why all the Members love the Giddings Family, especially Pat Giddings. In your email dated 5/28/2021, you stated "It's a shame to see what's going on...". I AGREE WITH YOU COMPLETELY! Why are you willing to continue to protect Richard Bort, from the Members being able to learn the truth about his violations of Delaware Corporate Law, Section 220, by completely eliminating the Members "Rights" to inspect the accounting "books and records". Mark, Richard Bort violated his fiduciary duty of loyalty, to the Members. Is Richard Bort worth, having the entire fabric of the the Cascadas Membership torn apart, to protect and save Richard Bort? I say NO! I am preparing a much more detailed letter with attachments, that I will be sending to all the Members I can possibly contact, that will provide all the back-up to support all the statements I have made today. Mark you know, I have all the back-up, because I sent you my eblast, that the Board refused to authorize Trading Places, Int'l, (TPI), to email, using the entire Club Cascadas membership list. Mark, if you are willing to release a statement to the Members, and honestly address the issues I have presented to you, regarding Richard Bort. There will no need for me to prepare my letter, with complete factual back-up, that I will send to any and all the Members, that have been following these emails. I am sure this will undoubtedly anger some Members, however there will also be a lot of Members that will be interested in knowing that the Cascadas Board of Directors, currently has a Director, that intentionally attempted to eliminated some of their "Rights", that were originally provided in the Bylaws prepared by your parents, Ed and Pat Giddings. In the letter I am preparing, I will show how Steve Akers correspondence requesting access to the "books and records" on the remodeling project, were all dated just prior to the October 3, 2018 Board Meeting. Richard Bort and Glen Brush motioned and seconded the illegal "Policy" and Exhibit E, that was passed, at the October 3, 2018 Board Meeting. My numerous written correspondence with both Mauricio and Marty Russell, were presenting a problem for Richard Bort, because I was following all of the proper procedures, as stated in the Bylaws, to inspect the "books and records", as stated in Section 3.8(e) of the Bylaws. I had already provided a written request to Luis Moran, the custodian of records at TPI, for the exact documents, I wanted to inspect and Richard Bort knew the Bylaws, at that time, gave me the right to inspect the "books and records". Richard Bort was desperate to stop Steve Akers, from gaining access to the accounting "books and records", so Richard Bort decided the only way to stop Steve Akers from gaining access to the "books and records", was to pass his illegal "Policy" and Exhibit E. The Board appears to believe, that if Richard Bort passed an illegal "Policy" and Exhibit E, designed to stop Steve Akers from gaining access to the "books and records", well that is really no "Big Deal" to this Board? Well this is a "Big Deal", to me! It is very personal to me, when I had every "Right" to inspect how the Board was spending part of my maintenance fees, on the remodeling project. I do not care how many of the other Members might decide to complain about my emails, they will continue to come! What Richard Bort did ,was JUST FLAT OUT WRONG! Mark, the ball is in your court, if you want to stop having to write more letters saying "It's a shame to see what's going on,.." You are the one person who can stop it! You are the spokesman for the Club Cascadas Board of Directors, and you need to show the courage, that I know you have. You need to stand up strong for the Members, and provide honest answers to the Members issues and questions, regarding Richard Bort! Your family has done too much good for Club Cascadas and the Members, to allow Richard Bort, to tarnish the Giddings name and the Club Cascadas excellent reputation, as the "Finest Timeshare in all of Mexico". Club Cascadas has an excellent reputation because overall, it has been operated by a Board of Directors, that are honest with the Members! Please Mark, show the courage required for you to do the right thing, you know what I am saying, is the truth? If you will do what I am requesting of you, I will immediately discontinue, any further emails and correspondence, regarding Richard Bort and the Boards violation of Delaware Corporate Law, Section 220 on October 3, 2018.

Hopefully optimistic, Mark will put this issue to rest.

Steve Akers

[Daniel Minnis]

Glenn, you are right.  All of us are tired and frustrated.  I spent an hour on the phone last night with Larry Greenberg, board member, rehashing all that has transpired.  The Board has admitted they erred in multiple governance actions.  They were corrected by rescinding the Policies but only because Steve and I uncovered the ridiculous mistakes.

I cannot go into detail at this juncture but my conversation with Larry was very disturbing to say the least.  Larry provided me with numerous details he shouldn’t have divulged and has lost my confidence that he should even be on the Board.  

I am saddened and angry because the Club that we all love has leadership in place that readily throws other board members under the bus.  

I fell in love with Club Cascadas 17 years ago and everyone knows that employees saved my life.  I have watched my kids and grandkids grow up on Cascadas sand and some of our most indelible family memories are of Cascadas.  The friendships we have made with other members are strong and enduring even if we only see these friends once a year.  Our love of the employees is as strong as our love for some of our own family members and members have shown this through the $100,000 plus financial support of employees after Odile and Covid.

The uniqueness of Cascadas as a resort and the uniqueness of the feeling we get when we step foot on Cascadas grounds is unforgettable for most of us.  Some people don’t “get” Cascadas when they trade in or rent at the resort.  We 3500 members who have invested in membership GET IT!

I am torn as a result of my conversation with Larry last night but I shouldn’t be surprised as we have had other conversations before that left me scratching my head and searching my heart for what to do next.  My gut says reach out to other board members and Mark and David Giddings but will it benefit the Club is the big question?

Larry sent me 2 emails yesterday pleading for me to call him.  I responded joking about his wife Claire and my fear of her.  I gave him my phone number so he could call me.  I have included screen shots for transparency purposes and so I don’t get hammered by some members who believe I am evil and demon possessed.

Bottom line is WE MEMBERS are Cascadas Strong but I and you should be deeply concerned that some of our leaders should STEP DOWN or be VOTED OUT or asked TO RESIGN by other board members.

Mark,  I know you are listening and you know how much this Club means to me.  I know how much this Club means to you.  We have been friends for 17 years and my actions and your actions as a board member has damaged our relationship in the past 3 years.  If you want to discuss what I gleaned from Larry I will, as I always have been, be brutally honest.  I have already shared this information with Aida and you deserve the same consideration.

Dan Minnis

620-235-6902

On Tue, Jun 1, 2021 at 9:04 AM Glenn Cushman <doc...@aol.com> wrote:

Steven…

Ok, so they violated Delaware Law. As your reply to me stated, there was no financial malfeasance and no one benefited personally. Your tactics to publicly call out Mark Giddings and shame the board is egregious. Please, someone say that a mistake was made and corrected. I don’t think Dan and Steven are liars but I also don’t think Richard Bort is a robber baron. This has to end guys. We are all tired of the squabbling.

Glenn Cushman

Sent from my iPad

To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-legacy-owners-group/3ca5c5cf-8ff1-77c6-32a7-216f92a2793a%40sakerscpa.com.

[Lawrence Greenberg]

Dan,

I regret reaching out you yesterday, in an attempt to reduce the level of inflammatory rethoric on-line, against guidance I received from members of the board and its advisors. The Board’s policy, as you well know, is not to participate in the online discussions, and you continue to take unfair advantage of that.

You have once again besmirched me, and I have now lost all respect that I have had for you despite our disagreements on certain issues.

The existing Board has always acted in the best interests of the Members using its best judgment.  I urge all on this distribution to rescind their votes for you and to vote for the incumbents.

Larry

On Jun 1, 2021, at 8:05 AM, Daniel Minnis <dminn...@gmail.com> wrote:



Glenn, you are right.  All of us are tired and frustrated.  I spent an hour on the phone last night with Larry Greenberg, board member, rehashing all that has transpired.  The Board has admitted they erred in multiple governance actions.  They were corrected by rescinding the Policies but only because Steve and I uncovered the ridiculous mistakes.

I cannot go into detail at this juncture but my conversation with Larry was very disturbing to say the least.  Larry provided me with numerous details he shouldn’t have divulged and has lost my confidence that he should even be on the Board.  

I am saddened and angry because the Club that we all love has leadership in place that readily throws other board members under the bus.  

I fell in love with Club Cascadas 17 years ago and everyone knows that employees saved my life.  I have watched my kids and grandkids grow up on Cascadas sand and some of our most indelible family memories are of Cascadas.  The friendships we have made with other members are strong and enduring even if we only see these friends once a year.  Our love of the employees is as strong as our love for some of our own family members and members have shown this through the $100,000 plus financial support of employees after Odile and Covid.

The uniqueness of Cascadas as a resort and the uniqueness of the feeling we get when we step foot on Cascadas grounds is unforgettable for most of us.  Some people don’t “get” Cascadas when they trade in or rent at the resort.  We 3500 members who have invested in membership GET IT!

I am torn as a result of my conversation with Larry last night but I shouldn’t be surprised as we have had other conversations before that left me scratching my head and searching my heart for what to do next.  My gut says reach out to other board members and Mark and David Giddings but will it benefit the Club is the big question?

Larry sent me 2 emails yesterday pleading for me to call him.  I responded joking about his wife Claire and my fear of her.  I gave him my phone number so he could call me.  I have included screen shots for transparency purposes and so I don’t get hammered by some members who believe I am evil and demon possessed.

Bottom line is WE MEMBERS are Cascadas Strong but I and you should be deeply concerned that some of our leaders should STEP DOWN or be VOTED OUT or asked TO RESIGN by other board members.

Mark,  I know you are listening and you know how much this Club means to me.  I know how much this Club means to you.  We have been friends for 17 years and my actions and your actions as a board member has damaged our relationship in the past 3 years.  If you want to discuss what I gleaned from Larry I will, as I always have been, be brutally honest.  I have already shared this information with Aida and you deserve the same consideration.

Dan Minnis

620-235-6902

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[Daniel Minnis]

Larry, you should regret reaching out to me!  You should regret what you said about Mark Gidding’s, David Giddings, and Greg Gidding’s!  

I have disclosed to Mark Gidding’s and Aida Trujillo the exact nature of our call.  You and the rest of the board are about to receive the synopsis of our conversation and you should be ashamed of yourself and betraying your fellow board members and betraying the trust of Club Cascadas Members and failure of your fiduciary duties of honesty and loyalty.  I have always known there was something about you I didn’t trust and last night you confirmed the uneasiness I have always had.

I am calling for your IMMEDIATE RESIGNATION and Richard Borts resignation or withdrawal from the election.

You like the rest of us love Club Cascadas but your “power hungry” and I,I,I, mentally does not serve members or fellow board members!

Once The Rest of the board has been notified and will disclose our conversation in detail to ALL members.

Dan Minnis

[Luain Hensel]

Anxious for transparency of your call with Larry Greenburg

[Steven E. Akers]

Gail,

I can't thank you enough for your courage to let your strong reasonable voice, be heard at this obviously critical time! Your wise words of how most people don't like confrontation and do not want to make waves, all applied to me, when I first started down this path. When I read the Bylaws, they instructed me the procedures I needed to follow, if I wanted to inspect the accounting " books and records", on the remodeling project. On June 24, 2018, I wrote my first letter to Larry Greenberg, requesting information on the remodeling project. Larry Greenberg assigned Mauricio Quezada the task of dealing with the requests I had made to Larry Greenberg. I had numerous emails and letter correspondence with Mauricio Quezada, who was attempting to falsely inform me, that I was only entitled to inspect the Cascadas annual financial statements and the minutes. As a CPA, I spent 4 1/2 years auditing companies financial statement, and knew that stockholders/Members had far more "Rights" to inspect many more records than what, the Board was falsely asking Mauricio, to try and stone-wall me, with false information. It was not until October 1, 2019,  a year and four months after my first letter to Larry Greenberg, that the Board finally realized, that yes did have the "Right" to inspect the remodeling project records. Which,  I had previously been requesting from the Board, in writing for a year and four months. I had provide the "Custodian of records" for cascadas, Luis Moran at Trading Places, Int'l the exact documents I wanted to inspect, as was required by Section 3.8(e) of the Cascadas Bylaw, at that time. Trading Places Int'l, did an outstanding job of gathering various documents I had requested from Mauricio Quezada, in Mexico and giving me complete access to the remodeling documents at their office, that I had requested in writing. The Bylaws have since been Restated, by Richard Bort, who attempted a second time to completely eliminate the Members "Rights" to inspect the accounting "books and records", during his initial preparation of the Restated Bylaws, on March 31, 2019. The initial version of the Bylaws prepared by Richard Bort and submitted to the Members to read and vote on, were not in compliance with either, the Cascadas Bylaws or Delaware Corporate Law, and Richard Bort spent $11,100 consulting with a qualified attorney, Joseph Petro, however, Richard Bort, ignored the legal advice from Joseph Petro to include the phrase "books and records" in the Bylaws! After reading the Restated Bylaws prepared by Richard Bort, Dan Minnis realized, that Richard Bort's Restated Bylaws, prepared on March 31, 2019, had completely eliminated the Member "Rights" to inspect the accounting "books and records". Richard Bort attempted in the Restated Bylaws, to completely eliminate the Members "Right" to inspect the accounting "books and records". However, Dan Minnis found this egregious error, Richard Bort had intentionally made in the Cascadas Restated Bylaws, to eliminate the Members "Rights", and with the help of Larry Greenberg, Dan Minnis got the Richard Bort Restated Bylaws corrected, with a new Section 3.8(d)(iii), that restored the Members rights to inspect the accounting "books and records". This quick action by Dan Minnis in working with Larry Greenberg, prior to the Members completion of voting on the Bylaws, by the Annual Meeting on June 15, 2019, brought the Cascadas Bylaws back into compliance, with Delaware Corporate Law, thank you Dan Minnis!

What was especially great about your email Gale, is that you gave some other Members the courage to also make their voices heard, in favor of maintaining Members "Rights", rather than allowing Richard Bort to eliminate a very important Members "Right". Richard Bort is a current Director on the Cascadas BOD, who is currently running for re-election. The BOD voting ends on the date of the Annual Meeting, on June 19, 2021. Please encourage any Members who you may know, that have not yet voted, to consider giving all their three (3) votes for each villa they own, to Dan Minnis. If you own one (1) villa you have three (3) votes, and you can give all 3 of them ALL TO ANY ONE CANDIDATE, who you feel deserves them. (i.e. Dan Minnis). Please do not mark the first (  ) box, located in the Use of proxy (check one), because the Board will cast all of your proxy votes, for Richard Bort, if he needs them to win re-election to the BOD! This is why ALL the Members need to encourage your friends to vote for Dan Minnis, because many older Cascadas Members, who love Pat Giddings, will just give the Cascadas Board their proxy, to vote as the Board decides. This is why it so difficult to unseat an incumbent BOD Member, like Richard Bort, because the Board will always vote to re-elect an incumbent, like Richard Bort. On March 16, 2021 I made a presentation to the Board to dis-qualify Richard Bort from running for re-election, after he violated the Cascadas Bylaws and Delaware Corporate Law. Despite these serious violation by Richard Bort, of the Cascadas Bylaws and Delaware Corporate Law, Section 220, the Board refused my request to disqualify Richard Bort from running for re-election. The Board had at least three (3), Board members who felt it was perfectly acceptable for a sitting Cascadas Director, to attempt on two (2) occasions to completely eliminate the Members "Right" to inspect the accounting "books and records", and this individual is qualified to be on the Cascadas Board of Directors!

I feel the Board needs to answer for the Members, how many violations is this Board willing to accept from a Sitting Cascadas Board Member, before this Board feels that individual is disqualified, from serving on the Board. If a Cascadas Board Member has a Fiduciary Duty of Loyalty to the Members, how can this Board allow Richard Bort to remain as a Board Member, when I have provided copies of the Cascadas BOD minutes, that conclusively proves Richard Bort violated his Fiduciary Duty of Loyalty to the Members, by making decisions that were NOT IN THE MEMBERS BEST INTEREST!

Gail, you thankfully inspired other members to speak out, and that is what Cascadas needs at this critical time! I have requested Mark Giddings to show half the courage you have shown. To date Mark Giddings, is in total denial of the mini crisis of leadership Club Cascadas is experiencing today. I like Mark Giddings and I know he has the ability to be the leader, Club Cascadas needs at this time of a mini-crisis. Gale, you so accurately stated, "...obviously it is time." and you spoke up. Your courage to speak up and let your voice be heard, is such a huge contrast to Mark Giddings, total lack of action, and who seems to have gone into hiding from this critical issue, regarding a sitting Board Member? This is definitely a time when, Club Cascadas needs him? Mark Giddings lack of involvement in providing honest answers about Richard Bort and Glen Brush, violating the Bylaws of Club Cascadas, Delaware Corporate Law Section 220 and their Fiduciary Duty of Loyalty to the Members, is a total mystery to me? If Mark Giddings is not willing to stand up and show the courage, that Mark Giddings has shown in the past, as the self-appointed  leader of Club Cascadas, I am afraid we have a timeshare Association with NO IDENTIFIABLE LEADER! This is causing me to ask the question to all the Members, who is the current leader of Club Cascadas, as of today? If Mark Giddings is NOT willing to accept the responsibility of being the "leader of Club Cascadas", which I feel he should rightfully be, then Mark Giddings needs to inform me, to whom has Mark Giddings, assigned the responsibility of "leader of Club Cascadas"? Mark Giddings, if you would just tell me, who do you believe, is the "Leader of Club Cascadas"?  I will send my future correspondence, to that person and re-frame from asking you to get involved to help resolve some of these difficult issues. Various Cascadas Members are asking you or the Board to provide honest answers to their questions. However, all that those Members have gotten to date, is either silence from you and the Board, or the false answer Larry Greenberg provided, to Robert (Bob) Smolen's question, wanting to know, if the Board violated Delaware Corporate Law?

Mark Giddings, I am NOT asking you to take on the leadership position at Club Cascadas, I fully appreciate, that being the "Leader of Club Cascadas", requires a tremendous amount of stress, because there are many difficult decisions that, require courage, to properly answer difficult questions, that are required by the "Leader of Club Cascadas". I have always viewed you as the "Leader of Club Cascadas", if that is a tile, you do not want, as of June 3, 2021?  Which seems consistent, with your obvious refusal to address the Richard Bort violations of the Cascadas Bylaws on October 3, 2018 and Delaware Corporate Law and his Fiduciary Duty of Loyalty to the Members on October 3, 2018. This appears to me, to have left Club Cascadas as a "leaderless timeshare association"? Mark Giddings, someone needs to step-up and be the "Leader of Club Cascadas", or this will only lead to a greater disaster, for ALL OF THE MEMBERS! Mark Giddings who in your mind is the "Leader of Club Cascadas"?

I will anxiously await your answer Mark, because the Members of Club Cascadas, currently have no leader! This is clearly a title, that I am sure most Cascadas Members would like to know, has been assigned to someone in the Giddings Family. However, if that is not a tile, desired by anyone in the Giddings Family, the Members need to be directly told this, because Club Cascadas needs a "Leader", not someone who hides, when difficult decisions need to be made!

Mark, I hope you understand, I am not attempting to criticize you, because I like you personally. However, I also need to know who is the "Leader of Club Cascadas" that will make tough courageous decisions, during times like what we are currently going through!

Steve Akers
(858) 538-4688 Lan Line
(858) 395-9890 Cell

To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-de-baja/93BD3EBE-85DA-448B-815D-9F1F147FCEFB%40legalgraphix.com.

[Gale Heilman]

Dear Steve,

The sad thing going on in this situation is the possibility that our lovely Cascadas, because of lack of interest by its members, or possibly ignorant trust, could turn our home away from home, into all  the other time shares that have a bad name.  I have always heard how horrible most timeshares are and how everyone always needs to rid themselves of them.  They are always trying to figure out how to get rid of them, yet, mine has increased in value and our owners absolutely love Cascadas.  I met someone once that was familiar with Cascadas and told me how sad she was when she lost her Perla in her divorce.  I guess many members just don’t realize how special this place is and that reason is because in the past, we have always been treated fairly by the Giddings.  I do realize that “leadership” is not for the faint of heart and not everyone is cut out to be a leader.  It takes balls, because there will always be someone that will fight you whether it is for one reason or another.  I hate the thought that our maintenance fees could be affected, including our rights to be able to deal with any changes and to not be able have our say toward what is being done, or know what is happening behind what we are seeing.  Our rights, that make this particular place special, need to continue to be what they were when Pat Giddings was involved.  She loved this place as we do.  I’m not ready for this place to be just like any other time share that is out there.  I believe transparency has to be one of the most important parts of our ownership and I hope “all” members realize that.

The world doesn’t need any more of the corrupt behind the scenes deals that take place behind unknowing peoples backs.  We need to see honesty and integrity back in our world.

I for one, want to keep Cascadas great as it was in the past and to have that continue into the future of this club.

Thanks again Steve for putting yourself in the line of fire to fight for our rights!  I am humbled!  I guess that voting to keep our club honest, is what we need to do.

Thanks again,

Gale Heilman

Perla 4 Owner

Sent from my iPhone

On Jun 4, 2021, at 12:36 AM, Steven E. Akers <st...@sakerscpa.com> wrote:



Gail,

I can't thank you enough for your courage to let your strong reasonable voice, be heard at this obviously critical time! Your wise words of how most people don't like confrontation and do not want to make waves, all applied to me, when I first started down this path. When I read the Bylaws, they instructed me the procedures I needed to follow, if I wanted to inspect the accounting " books and records", on the remodeling project. On June 24, 2018, I wrote my first letter to Larry Greenberg, requesting information on the remodeling project. Larry Greenberg assigned Mauricio Quezada the task of dealing with the requests I had made to Larry Greenberg. I had numerous emails and letter correspondence with Mauricio Quezada, who was attempting to falsely inform me, that I was only entitled to inspect the Cascadas annual financial statements and the minutes. As a CPA, I spent 4 1/2 years auditing companies financial statement, and knew that stockholders/Members had far more "Rights" to inspect many more records than what, the Board was falsely asking Mauricio, to try and stone-wall me, with false information. It was not until October 1, 2019,  a year and four months after my first letter to Larry Greenberg, that the Board finally realized, that yes did have the "Right" to inspect the remodeling project records. Which,  I had previously been requesting from the Board, in writing for a year and four months. I had provide the "Custodian of records" for cascadas, Luis Moran at Trading Places, Int'l the exact documents I wanted to inspect, as was required by Section 3.8(e) of the Cascadas Bylaw, at that time. Trading Places Int'l, did an outstanding job of gathering various documents I had requested from Mauricio Quezada, in Mexico and giving me complete access to the remodeling documents at their office, that I had requested in writing. The Bylaws have since been Restated, by Richard Bort, who attempted a second time to completely eliminate the Members "Rights" to inspect the accounting "books and records", during his initial preparation of the Restated Bylaws, on March 31, 2019. The initial version of the Bylaws prepared by Richard Bort and submitted to the Members to read and vote on, were not in compliance with either, the Cascadas Bylaws or Delaware Corporate Law, and Richard Bort spent $11,100 consulting with a qualified attorney, Joseph Petro, however, Richard Bort, ignored the legal advice from Joseph Petro to include the phrase "books and records" in the Bylaws! After reading the Restated Bylaws prepared by Richard Bort, Dan Minnis realized, that Richard Bort's Restated Bylaws, prepared on March 31, 2019, had completely eliminated the Member "Rights" to inspect the accounting "books and records". Richard Bort attempted in the Restated Bylaws, to completely eliminate the Members "Right" to inspect the accounting "books and records". However, Dan Minnis found this egregious error, Richard Bort had intentionally made in the Cascadas Restated Bylaws, to eliminate the Members "Rights", and with the help of Larry Greenberg, Dan Minnis got the Richard Bort Restated Bylaws corrected, with a new Section 3.8(d)(iii), that restored the Members rights to inspect the accounting "books and records". This quick action by Dan Minnis in working with Larry Greenberg, prior to the Members completion of voting on the Bylaws, by the Annual Meeting on June 15, 2019, brought the Cascadas Bylaws back into compliance, with Delaware Corporate Law, thank you Dan Minnis!

What was especially great about your email Gale, is that you gave some other Members the courage to also make their voices heard, in favor of maintaining Members "Rights", rather than allowing Richard Bort to eliminate a very important Members "Right". Richard Bort is a current Director on the Cascadas BOD, who is currently running for re-election. The BOD voting ends on the date of the Annual Meeting, on June 19, 2021. Please encourage any Members who you may know, that have not yet voted, to consider giving all their three (3) votes for each villa they own, to Dan Minnis. If you own one (1) villa you have three (3) votes, and you can give all 3 of them ALL TO ANY ONE CANDIDATE, who you feel deserves them. (i.e. Dan Minnis). Please do not mark the first (  ) box, located in the Use of proxy (check one), because the Board will cast all of your proxy votes, for Richard Bort, if he needs them to win re-election to the BOD! This is why ALL the Members need to encourage your friends to vote for Dan Minnis, because many older Cascadas Members, who love Pat Giddings, will just give the Cascadas Board their proxy, to vote as the Board decides. This is why it so difficult to unseat an incumbent BOD Member, like Richard Bort, because the Board will always vote to re-elect an incumbent, like Richard Bort. On March 16, 2021 I made a presentation to the Board to dis-qualify Richard Bort from running for re-election, after he violated the Cascadas Bylaws and Delaware Corporate Law. Despite these serious violation by Richard Bort, of the Cascadas Bylaws and Delaware Corporate Law, Section 220, the Board refused my request to disqualify Richard Bort from running for re-election. The Board had at least three (3), Board members who felt it was perfectly acceptable for a sitting Cascadas Director, to attempt on two (2) occasions to completely eliminate the Members "Right" to inspect the accounting "books and records", and this individual is qualified to be on the Cascadas Board of Directors! 

I feel the Board needs to answer for the Members, how many violations is this Board willing to accept from a Sitting Cascadas Board Member, before this Board feels that individual is disqualified, from serving on the Board. If a Cascadas Board Member has a Fiduciary Duty of Loyalty to the Members, how can this Board allow Richard Bort to remain as a Board Member, when I have provided copies of the Cascadas BOD minutes, that conclusively proves Richard Bort violated his Fiduciary Duty of Loyalty to the Members, by making decisions that were NOT IN THE MEMBERS BEST INTEREST!

Gail, you thankfully inspired other members to speak out, and that is what Cascadas needs at this critical time! I have requested Mark Giddings to show half the courage you have shown. To date Mark Giddings, is in total denial of the mini crisis of leadership Club Cascadas is experiencing today. I like Mark Giddings and I know he has the ability to be the leader, Club Cascadas needs at this time of a mini-crisis. Gale, you so accurately stated, "...obviously it is time." and you spoke up. Your courage to speak up and let your voice be heard, is such a huge contrast to Mark Giddings, total lack of action, and who seems to have gone into hiding from this critical issue, regarding a sitting Board Member? This is definitely a time when, Club Cascadas needs him? Mark Giddings lack of involvement in providing honest answers about Richard Bort and Glen Brush, violating the Bylaws of Club Cascadas, Delaware Corporate Law Section 220 and their Fiduciary Duty of Loyalty to the Members, is a total mystery to me? If Mark Giddings is not willing to stand up and show the courage, that Mark Giddings has shown in the past, as the self-appointed  leader of Club Cascadas, I am afraid we have a timeshare Association with NO IDENTIFIABLE LEADER! This is causing me to ask the question to all the Members, who is the current leader of Club Cascadas, as of today? If Mark Giddings is NOT willing to accept the responsibility of being the "leader of Club Cascadas", which I feel he should rightfully be, then Mark Giddings needs to inform me, to whom has Mark Giddings, assigned the responsibility of "leader of Club Cascadas"?Mark Giddings, if you would just tell me, who do you believe, is the "Leader of Club Cascadas"?  I will send my future correspondence, to that person and re-frame from asking you to get involved to help resolve some of these difficult issues. Various Cascadas Members are asking you or the Board to provide honest answers to their questions. However, all that those Members have gotten to date, is either silence from you and the Board, or the false answer Larry Greenberg provided, to Robert (Bob) Smolen's question, wanting to know, if the Board violated Delaware Corporate Law?

Sent from my iPhone

On Jun 4, 2021, at 7:01 AM, Gale Heilman <ghei...@legalgraphix.com> wrote:

Dear Steve,

The sad thing going on in this situation is the possibility that our lovely Cascadas, because of lack of interest by its members, or possibly ignorant trust, could turn our home away from home, into all  the other time shares that have a bad name.  I have always heard how horrible most timeshares are and how everyone always needs to rid themselves of them.  They are always trying to figure out how to get rid of them, yet, mine has increased in value and our owners absolutely love Cascadas.  I met someone once that was familiar with Cascadas and told me how sad she was when she lost her Perla in her divorce.  I guess many members just don’t realize how special this place is and that reason is because in the past, we have always been treated fairly by the Giddings.  I do realize that “leadership” is not for the faint of heart and not everyone is cut out to be a leader.  It takes balls, because there will always be someone that will fight you whether it is for one reason or another.  I hate the thought that our maintenance fees could be affected, including our rights to be able to deal with any changes and to not be able have our say toward what is being done, or know what is happening behind what we are seeing.  Our rights, that make this particular place special, need to continue to be what they were when Pat Giddings was involved.  She loved this place as we do.  I’m not ready for this place to be just like any other time share that is out there.  I believe transparency has to be one of the most important parts of our ownership and I hope “all” members realize that.

The world doesn’t need any more of the corrupt behind the scenes deals that take place behind unknowing peoples backs.  We need to see honesty and integrity back in our world.

I for one, want to keep Cascadas great as it was in the past and to have that continue into the future of this club.

Thanks again Steve for putting yourself in the line of fire to fight for our rights!  I am humbled!  I guess that voting to keep our club honest, is what we need to do.

Thanks again,

Gale Heilman

Perla 4 Owner

Sent from my iPhone

On Jun 4, 2021, at 12:36 AM, Steven E. Akers <st...@sakerscpa.com> wrote:



[Steven E. Akers]

Glenn,

I am sure you are an intelligent and wonderful person. However, your question makes you sound like a very naive man, at best. If you view losing your "rights", my "Rights" and the other Members "Rights" as acceptable, when you say,"How has the lack of transparency and restricted access to the books hurt me financially?" You appear to believe allowing the Board and Richard Bort to eliminate your "Rights" to inspect the accounting "books and records", is perfectly acceptable, as long as there is no financial impact to you personally. Have I got that correct so far? So when the German citizens did not complain, when Hitler put Jewish people in the concentration camps, because it did not hurt the German citizen financially, that a large number of Jewish people lost their "Rights", would you give the same answer, as you did below? Sometimes loosing your "Rights" is a far important issue, than just the financial impact to Glenn Cushman! Now I am not equating, Richard Bort's elimination of all the Members "Rights" to inspect the accounting "books and records", with Hitler's concentration camps! However, I am requesting, that if you are willing to give-up your "Rights" without a fight, you are perfectly entitled to think and act in that manner. However, your lack of willingness to fight for your "Rights" has no impact on whether Steve Akers will "Fight like Hell", to protect his "Rights" and the thousands of other Cascadas Members, who demand that Richard Bort and the entire Board maintains our "Rights", as originally stated in the Bylaws, that were given to us when we purchased our Villas. I have no problem, that you feel losing your "Rights", is fine as long as there is no financial impact to you. However, what I can't understand, is your logic in stating," I don't understand why a Board member would violate provisions unless he/she stood to gain personally." Richard "Tricky Dick" Nixon authorized a small time break-in into the Democratic Headquarters of his opponent. Richard "Tricky Dick" Nixon, did not personally financially gain  from the break-in. However, the two leaders of the House and Senate when to President Nixon and told him, if he did not resign he would be "Impeached" by the House and convicted by the Senate. This is exactly, what the Cascadas Board should do with Richard (Dick) Bort! We all personally have to decide what we are willing to fight for, it sounds like for you, it is only for money and not for "Rights". I feel very strongly about NOT allowing Richard (Dick) Bort to eliminate my "Rights", without my taking every possible action to have Richard (Dick) Bort, removed from the Cascadas Board of Directors. I believe Pat Giddings would have been embarrassed to have a Board Member on the Cascadas Board, who intentionally, on two separate occasions, October 3, 2018 and March 31, 2019, with the Restated Bylaws, attempted to eliminated the Members "Rights" to insect the accounting "books and records". If there is anyone from the Giddings family, that feels Pat Giddings would have tolerated a Cascadas Board Member like Richard (Dick) Bort on her Board, after she knew he intentionally violated his Fiduciary Duty of Loyalty to the Members, along with violating the Cascadas Bylaws and Delaware Corporate Law, Section 220. I would ask any Giddings Family Member, to clearly state to the Members, that you feel Pat Giddings would have allowed Richard (Dick) Bort to serve on any Board, where Pat Giddings was the President? Pat Giddings philosophy was the "Members always come first", Pat Giddings philosophy on the Members was 100% opposite of Richard (Dick) Bort's philosophy, of if I can get two other votes from the other Board Members, I can make this my "private resort", and the Members are only useful, to continue paying their maintenance fees, so I can spend their maintenance fees any way I desire. Especially, if the Members have no "Rights" to inspect the accounting "books and records", how would the Members be allowed to oversee a rouge Boards irresponsible spending if the "Right" to inspect the "books and records", had been eliminated? The Cascadas Board is current ruled and dominated by a "Triumvirate", of Richard (Dick) Bort, Larry Greenberg and Marty Russell, who control three (3) BOD votes, so they can spend the Members maintenance fees any way the "Triumvirate" decides! So Glenn, I hope you think about what I have taken the time to try and explain, that financial costs are important to me. I am a CPA, thinking about things from a financial standpoint is in my DNA, but loosing our "Rights", would be a far greater tragedy! Member can not lose their "Rights", when the Members lose their "Rights", it will only eventually lead to three (3) Board Members, who will feel they own the Club, and if no Member can request to inspect the "books and records" to verify the Members maintenance fees are being properly spent, the Members would only complain, because they lost their "Rights" to inspect the "books and records". Glenn, feel free to call me at the number below, and we can further discuss why some people often make decisions, that don't benefit them financially, but their decisions are very often flagrant violations of the Law and can have a devastating impact to others, such as the Cascadas Members.

Steve Akers
(858) 538-4688

On 5/28/2021 8:14 AM, 'Glenn Cushman' via Club Cascadas Legacy Owners Group wrote:

I understand the Delaware Law and transparency issue as it has been drilled into our heads lo these past few months. Given that violations occurred, did any Board member profit or receive any undue benefits from these violations personally. The word “liar” has been thrown around willy-nilly. I hate that word. I don’t understand why a Board member would violate provisions unless he/she stood to gain personally. Bad decisions occur on every board I am on but that doesn’t justify the acrimony I have seen in the last year between seemingly responsible adults. How has the lack of transparency and restricted access to the books hurt me financially? 

Asking for a friend,

Glenn Cushman 

Sent from my iPad

On May 28, 2021, at 7:21 AM, Daniel Minnis <dminn...@gmail.com> wrote:



Thanks Mark and we are all in agreement that our magnificent Club is one of the premier boutique resorts not just in Mexico but the entire world.  

I appreciate as a Board Member that you take the time to reach out, on occasion, to express your feelings.  What we as members deserve and need to know is are the accusations that once your Mom turned over the Club to members did the Board violate Delaware Law by motions and votes that restricted member rights to the “books and records”?  Your Mom and Dad ran a transparent operation and never restricted  member access to “books and records” and the Gidding’s Bylaws were 100% transparent.  Why did we go down a road of violations when the path your parents cleared kept member rights foremost.

Dan Minnis

To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-legacy-owners-group/CAF6id0ZaH8_X6VZd5J%3DiiA40BedT0S4Qh6x8nKcQnOo9STgLTQ%40mail.gmail.com.

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[ewmfcc]

Good god...

The ignorance of these two is astonishing.

Continue with all the great work we're doing and ignore the nonsense. 

Sent from my Verizon, Samsung Galaxy smartphone

-------- Original message --------

From: "Steven E. Akers" <st...@sakerscpa.com>

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[Steven Akers]

Eric,

There you go again! All you are capable of doing is making a general statement condemning either Dan Minnis or myself, however, you are completely incapable of providing any facts to support your dribble! I have called you out before, to provide any facts to back-up the false statements you have made about me, and in EVERY case you have just put your tail between your legs and went silently into the night. You are only capable of making hollow unsubstantiated statements! So let's see if you have found your "Big Boy" pants yet? Give me one example of "The ignorance of these two is astonishing." Since I am one of the two you are referring too, give me one example of MY "IGNORANCE"? I know you will not even attempt to answer my question, because you have no facts to back-up your hollow accusations, do you? Just admit it! If you do have some examples of my ignorance, prove me wrong and give me just ONE EXAMPLE, I bet you will go hide behind "mommies apron", again like a little girl? Eric, as I have told you twice before, "put up or shut up", and on both, prior occasions you just "shut up", because you have no substance. It is a mystery to me why the Board continues to allow you to serve as an "Advisor" to the Board? Tell me some of the actual "advising" you have provided to the Board? I can't imagine what qualifications you have to be an "Advisor" to the Cascadas Board, when every time,  "you open your mouth your remove all doubt". You never have anything thoughtful or intellectual to say, what was the last time the Board actually took your advice as an "advisor"? As always, I will be anxiously awaiting your ONE EXAMPLE of my "ignorance"? You are an embarrassment to the Board, each time you attempt to post one of your non-specific, general, mindless false statements, that you are ultimately proven to have ZERO FACTS to back-up your false  statements, it just again "removes all doubt", and makes you just look stupid!!  

Well Eric, as I have told you twice before, "Put-up or shut-up", my money is on you just shutting-up! However, if you can provide some facts regarding my "ignorance", well be my guest Eric, go ahead and prove me wrong?

Steve Akers 

[Ann McBain]

Please remove my email from this stream. 

To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-de-baja/60c43d4b.1c69fb81.c59ce.44b4SMTPIN_ADDED_MISSING%40gmr-mx.google.com.

[Luain Hensel]

ENOUGH ALREADY!!!

https://groups.google.com/d/msgid/club-cascadas-de-baja/9d6840fd-4015-490b-a73f-9f186e63040fn%40googlegroups.com

.

[Brian]

Wow, Steve you are kind of a bully. Is there anyway to opt out of the Steve and Daniel threads without leaving the google group all together?

Thanks,

Brian 

Sent from my iPhone

On Jun 12, 2021, at 2:33 PM, 'Luain Hensel' via Welcome to Club Cascadas De Baja <club-casca...@googlegroups.com> wrote:



To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-de-baja/1613347713.187958.1623508379578%40mail.yahoo.com.

[Renee Peterson]

Does this group have an administrator? I'm not sure how all of these groups are coming through on one thread but just curious about that? 

Renee Peterson 

On Jun 12, 2021, at 7:44 AM, Brian <brian...@gmail.com> wrote:

Wow, Steve you are kind of a bully. Is there anyway to opt out of the Steve and Daniel threads without leaving the google group all together?

To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-de-baja/1D657083-CF9F-47AC-9A28-C1DB5384C292%40gmail.com.

[Thomas Lieb]

Please unsubscribe me from all Cascadas email groups.   

Thank you.

Sent from my iPhone

On Jun 12, 2021, at 7:44 AM, Brian <brian...@gmail.com> wrote:

Wow, Steve you are kind of a bully. Is there anyway to opt out of the Steve and Daniel threads without leaving the google group all together?

To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-de-baja/1D657083-CF9F-47AC-9A28-C1DB5384C292%40gmail.com.

[Nicole G.]

Seriously does this ever end....

For a place I have loved for so long....this is just really tainting the experience.

The drama, the name calling...are we grown ups?

I get the concerns and understand the checks and balances...

But, this is like romper room.

Very sad and disappointing.

All of this turmoil is really doing a lot of damage to the feel of the club. It really is just saddening.

It just seems like there's so much division.... The annual meeting can't come soon enough!

However by the looks of all the emails and communications will it ever stop? No matter what happens there's clearly going to be a contingent that is unhappy....😞

The division and politics of club Cascadas is 100% starting to feel like watching the news 🙁 depressing.

On Sat, Jun 12, 2021, 9:28 AM 'June White' via Club Cascadas Legacy Owners Group <club-cascadas-le...@googlegroups.com> wrote:

How dare you compare the board to the Germans during the Holocaust.  You are anti semetic and have lost your mind. 

Sent from AOL Mobile Mail

On Fri, Jun 11, 2021 at 9:37 PM, Steven E. Akers

<st...@sakerscpa.com> wrote:

To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-legacy-owners-group/dd36b3ef-400a-ea30-16a7-f788377aa843%40sakerscpa.com.

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This is a group for individuals who owners in Club Cascadas Legacy, who wish to discuss how to improve the resort as well as voice their valid concerns about our Club Cascadas ownership/membership. If you need any assistance please contact Rosemar...@aol.com
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To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-legacy-owners-group/870172596.204085.1623515276289%40mail.yahoo.com.

[sjbr...@earthlink.net]

Nicole: Spot on. Are there things to be improved, I ask where in the world are there not? From where we view things, our Club Cascadas is a wonderful part of the world, and we'd like to see it stay that way for all of us who so enjoy the Giddings' creation. So let's stop the petty bickering and have a vote best for the club, based on our judgements, as the facts seem to be a somewhat obscured. And then, by the grace of Allah and the Almighty, may the emails about who did what, when, with what puposes, cease. Amen.  

-----Original Message-----

From: Nicole G. qtco...@gmail.com

Sent: Jun 12, 2021 12:36 PM

To: June White jun...@aol.com

Cc: Steven E. Akers st...@sakerscpa.com, Glenn Cushman doc...@aol.com, Daniel Minnis dminn...@gmail.com, mark gidc gidc...@outlook.com, Aida Trujillo aid...@hotmail.com, Ben Dorman mwdo...@sopris.net, Beth Frazier mbethf...@gmail.com, Club Cascadas Legacy Owners Group club-cascadas-le...@googlegroups.com, David GIDDINGS giddin...@me.com, Dawn Dalrymple eyes...@cox.net, Don DiCarlo dondi...@charter.net, Dorothy Matthews dandf.m...@gmail.com, FRANK BARONE frank...@me.com, Iyad Khoury Iy...@availhoa.com, Julie Willard juliew...@yahoo.com, K Opsata kop...@nwlink.com, Larry Barninger lbarn...@templecre.com, Larry Greenberg larry...@gmail.com, Lauan...@earthlink.net, Lisa Vargas lisava...@yahoo.com, Lynda Ariano l.ar...@icloud.com, Marty Russell rslgr...@gmail.com, Mauricio Quezada Mauricio...@clubcascadas.com, Moran, Luis Luis....@vriamericas.com, Richard Bort rb...@earthlink.net, Robert Smolen robert...@att.net, SUSAN FRAZIER bandsf...@yahoo.com, Shirley Bowman beachy...@yahoo.com, Todd James Todd....@haworth.com, Troy Salazar troyd...@cox.net, Welcome to Club Cascadas De Baja club-casca...@googlegroups.com, Wilcox, Doug Doug....@vriamericas.com

Subject: Re: Cascadas de Baja - Communication to members

You received this message because you are subscribed to the Google Groups "Welcome to Club Cascadas De Baja" group.
To unsubscribe from this group and stop receiving emails from it, send an email to club-cascadas-de...@googlegroups.com.
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[Sharon VanDeNorth]

Enough is right!

And Steve Akers, your attempts at insulting Eric by using the worst terms you can think of - “mommies” and “little girl” - makes me think you might not be interested in representing all who are members at Cascadas. It’s not the 1950’s.

Just stop. Any credibility and useful factual info you might have is getting lost in these lengthy rants. 

Sent from my iPhone

On Jun 12, 2021, at 10:16 AM, Renee Peterson <theholis...@gmail.com> wrote:

 Does this group have an administrator? I'm not sure how all of these groups are coming through on one thread but just curious about that? 

To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-de-baja/03C3FD5F-AECE-4FDF-B105-63C046C59CF7%40gmail.com.

[Annette Sellon]

The rage in Mr. Akers recent comments is unmistakable and troubling.  

Sent from my iPad

On Jun 12, 2021, at 11:26 AM, Sharon VanDeNorth <svdn...@hotmail.com> wrote:

 Enough is right!

To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-de-baja/DM6PR12MB487848050262A2FBA6779248C1339%40DM6PR12MB4878.namprd12.prod.outlook.com.

[Steven E. Akers]

Mr. Cushman,

Thank you for the kind words of calling me "maniacal", (suggestive of madness), in addition to calling me "delusional", (a persistent false psychotic belief regarding the self or persons outside the self) and "not honorable".

You sound like an educated and experienced man in finance. So let me ask you a very simple question. If you worked in corporate finance for 45 years, did you ever violate your Fiduciary Duty of Loyalty, to any company that you worked for? If you did, I would guarantee you, that the HR Dept would be knocking on your office door or calling you on the phone to come down to the HR department, to sign your termination papers, am I wrong, Mr. big time corporate finance guy? Do you think someone in the Corporate Finance Dept, could violate their Fiduciary Duty of Loyalty to the company and not get fired? I would love to hear your knowledgeable, intelligent Finance Department expertise, if you would like to attempt to refute my statement, that you would have been immediately fired. The finance dept of any company, would require only people of high ethical standards to work in the finance department, where honesty and Loyalty is mandatory, above many other departments of a company! If Richard (Dick) Bort, who worked in the treasury department of a large company had violated his Fiduciary Duty of Loyalty, to the company he work for, he would have been fired immediately! For the sake of continuing the conversation, I would hope, that we can agree that you would have been immediately terminated, from your private industry company finance department job, if you violated your Fiduciary Duty of Loyalty to the company. So why are you willing to allow Richard (Dick) Bort to serve on the Cascadas Board of Directors, when on two (2) separate occasions, he violated his Fiduciary Duty of Loyalty to ALL OF THE CASCADAS MEMBERS? You said, "I have been in corporate finance for the last 45 years and can't believe I'm wasting my time responding to your dribble". I realize I am asking you get down, off your high horse mentality, to even respond to me. However, Mr. Cushman do you have the COURAGE to answer my direct question to you? As someone who has been in corporate finance for 45 years, "If you were working in any finance department of any company and you violated your Fiduciary Duty of Loyalty to any of the companies you have worked for, you would you have been fired immediately, YES or NO?" I bet you will have some lame excuse, for not answering my direct question to you, because you KNOW I AM CORRECT, that you would have been FIRED IMMEDIATELY, RIGHT? It is easy for you to make emotionally driven statements, attacking me personally, however, neither you Mr. Cushman, or any of my other critics, have been willing to address my main issue, I have attempted to have Members focus on. Richard (Dick) Bort completely eliminated ALL the Members rights to inspect the accounting "books and records". Richard (Dick) Bort and Glenn Brush on October 3, 2018 passed a "Policy" and Exhibit E, that limited Members "Rights" to inspect three (3) documents; the minutes, year-end financial statements and the year-end general ledger after being reviewed by a CPA. Then on March 31, 2019 Richard (Dick) Bort, Larry Greenberg and attorney Glenn Brush, (Richard (Dick) Bort et al) prepared the Restated Bylaws, that again allowed the Members to only inspect the "minutes" and again completely eliminated the Members "Rights" to inspect the "books and records". These intentionally deceptive acts by Richard (Dick) Bort et al, that violated their Fiduciary Duty of Loyalty to the Members, should have required the current Board to disqualify Richard (Dick) Bort from running for re-election in June of 2021. I personally, addressed the Board on March 16, 2021, requesting, that based on Richard (Dick) Bort's multiple violations of the Cascadas Bylaws Section 3.8(e), Delaware Corporate law, Section 220, along with violating his Fiduciary Duty of Loyalty to the Cascadas Members, the Board should disqualify Richard (Dick) Bort from running for re-election in June of 2021. The Board denied my request and allowed Richard (Dick) Bort to run for re-election, shameful lack of self-policing, by the Cascadas Board!

Mr. Cushman you flatter yourself by saying, "I have been in corporate finance for the last 45 years and can't believe I'm wasting my time responding to your dribble." Mr. Cushman, big time corporate finance guy, I bet you do NOT HAVE THE COURAGE to answer my question to you above! I realize you will probably throw some more personal attacks at me, and insult me that "I... can't believe I'm wasting my time responding to your dribble." The reason I believe you don't have the COURAGE TO ANSWER MY QUESTION, is because you would be forced to admit I am correct, or you would have to defend the indefensible actions of Richard (Dick) Bort et al. So before you run out and file, whatever frivolous lawsuit you think you have against me, first show me you are able to MAN-UP and have the PERSONAL COURAGE NOT TO RUN FROM MY QUESTION but to answer my question, which I bet you will refuse to answer. Eric Malm, also likes to hurl false general personal attacks against me, then run and hide, and each time I ask him to provide, just one fact to back-up his personal attacks against me, Eric Malm NEVER HAS ANY FACTS! I keep telling Eric Malm to "put-up or shut-up" and in every occasion, Eric Malm's answer is to , JUST SHUT-UP. I get the feeling Mr. Cushman, big time corporate finance guy, that you will also follow the Eric Malm model. You have already called me "maniacal", "delusional" and "not honorable". However, I have asked you a very simple question, that if you have the big time corporate finance bona fides, that you brag about, you should be able to answer my question in two (2) minutes. However, my money says you do NOT HAVE THE COURAGE, TO HONESTLY ANSWER MY QUESTION. Instead, just like Eric Malm, you will hurl some personal attacks, like you have already done, see above, then tuck your tail between your legs and go silently into the night and shut-up! Please Mr. Cushman, try to use some of that finance training of discipline and focus, on my issue, of addressing an executives "Fiduciary Duty of Loyalty when working in the finance department of a big time corporate finance company", as you have promoted yourself having done. If you violated the Laws of the state the company was incorporated in, or violated your Fiduciary Duty of Loyalty to the company, you would have been immediately fired, YES or NO?

Anxiously awaiting your honest answer to my direct question to you, if you have the COURAGE, Mr. Big Time Corporate Finance guy?

Steve Akers
(858) 538-4688

On 6/12/2021 3:49 PM, Glenn Cushman wrote:

Steve…

Your response to my question was maniacal. If I were one of the “Triumvirate” I would sue you for slander. Hitler, Watergate and then you paint yourself as a warrior willing to “Fight Like Hell”… it’s delusional. I’ve asked for a new ballot because this thought process cannot be tolerated. I have been in corporate finance for the last 45 years and can’t believe I’m wasting my time responding to your dribble. My family has been owners for 35 years and I am very upset how you keep throwing in references to Pat Giddings as if she was supporting your action and that Dennis would call out Mark Giddings is deplorable. I am not naive and you,sir, are not honorable.

Glenn Cushman

Sent from my iPad

On Jun 12, 2021, at 10:06 AM, sjbr...@earthlink.net wrote:



[Carrie Fitchett]

Lol. Stop. 

You've made your point...your case.....we get it...we've heard you.   Let it ride....this taints our slice of heaven.  

Sent from my iPhone

On Jun 14, 2021, at 8:09 AM, Steven E. Akers <st...@sakerscpa.com> wrote:



[Luain Hensel]

Please GET A LIFE!   Your obsession is out of control.  You need help.

-----Original Message-----
From: Steven E. Akers <st...@sakerscpa.com>

To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-de-baja/7fbb9ba3-745c-0f16-579d-bd8fd027fbc7%40sakerscpa.com.

[Raymond McKaskle]

We could solve any financial issues that we have by selling tickets to this fight. 

Raymond McKaskle

832-992-3337

On Jun 14, 2021, at 12:28 PM, docobv via Club Cascadas Legacy Owners Group <club-cascadas-le...@googlegroups.com> wrote:



Steve, you big CPA GUY… YOU NEED HELP.

To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-legacy-owners-group/85911200.689778.1623685937289%40mail.yahoo.com.

[sjbr...@earthlink.net]

It's pretty boring by now .... not sure they'd fetch a good price.

-----Original Message-----

From: 'Raymond McKaskle' via Welcome to Club Cascadas De Baja club-casca...@googlegroups.com

Sent: Jun 14, 2021 2:18 PM

To: doc...@aol.com

Cc: lth...@aol.com, st...@sakerscpa.com, sjbr...@earthlink.net, qtco...@gmail.com, jun...@aol.com, dminn...@gmail.com, gidc...@outlook.com, aid...@hotmail.com, mwdo...@sopris.net, mbethf...@gmail.com, club-cascadas-le...@googlegroups.com, giddin...@me.com, dondi...@charter.net, dandf.m...@gmail.com, frank...@me.com, Iy...@availhoa.com, juliew...@yahoo.com, kop...@nwlink.com, lbarn...@templecre.com, larry...@gmail.com, Lauan...@earthlink.net, lisava...@yahoo.com, l.ar...@icloud.com, rslgr...@gmail.com, Mauricio...@clubcascadas.com, rb...@earthlink.net, robert...@att.net, bandsf...@yahoo.com, beachy...@yahoo.com, Todd....@haworth.com, troyd...@cox.net, club-casca...@googlegroups.com, Doug....@vriamericas.com, mora...@hotmail.com, wimberl...@tusd.org, ghei...@legalgraphix.com, mjsmit...@gmail.com, jlsk...@gmail.com, dshields...@insuremail.net, seeja...@gmail.com, tom...@gmail.com, gl...@brushrealty.com, taho...@gmail.com, starkma...@gmail.com, bjadus...@msn.com, brian...@gmail.com, carolyn...@gmail.com, edmcr...@gmail.com, cafit...@gmail.com, dschu...@gmail.com, donald...@comcast.net, fmelgar...@gmail.com, gst...@lpbroadband.net, gspasq...@gmail.com, jlambi...@gmail.com, jamesth...@gmail.com, janelle...@gmail.com, shmo...@roadrunner.com, kenke...@gmail.com, redl...@gmail.com, theholis...@gmail.com, s...@wassermangroup.com, toyot...@yahoo.com, uschi....@gmail.com

To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-de-baja/075FC43D-E639-47BE-8F6E-41A2A21EF085%40yahoo.com.

[Esta Zettel]

         CASCADAS

"Welcome Home" we always say

On our fun arrival day.

Cascadas is the place to be,

Don't take away all our glee!

This bickering has to stop,

It's frankly over the top.

When it's time, vote your way

By proxy or person on Annual Meeting Day.

Just everyone accept the tallied score

And don't act out or be sore.

Stop this infernal group tirade

And welcome the decisions made.

Then we'll go back to our amazing place,

And watch the fun with the palapa race.

Relax and know it's paradise

Isn't Cascadas wonderfully nice!

To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-de-baja/1157680786.671085.1623681283144%40mail.yahoo.com.

[Mark Johnson]

I can't speak for Mexico, but for any of you that travel on business you know car rental prices are brutal in some parts of the US.  Many of them sold off their cars during COVID which has created a supply/demand gap.  

On Mon, Jun 14, 2021 at 1:23 PM mark gidc <gidc...@outlook.com> wrote:

Rod, it’s funny you mentioned the Cactus car rental agency being high priced and Ive heard members say they are not happy with the service from Cactus.

I just asked to reserve a 4x4 jeep for my friends that are coming down week 33 and was quoted $150 dollars a day.

Not sure of that is high or not but it seems to be exstremely costly.

Either way I know that club is always doing their best to help make the members and guests experience here at Cascadas the very best.

Thx, Mark

On Jun 14, 2021, at 10:10 AM, Rod Aftuck <rda...@aol.com> wrote:



On another note, Maybe one of you can see if we can bring back 1010 car rental or at least getting a lower rate.  I called about renting a car at the airport and dropping it off at Cascadas and for a shoe box size car was quoted via the club $50 / day and then another $ 20 for a drop off charge.  They are using Cactus now  Priceline has a slew of cars at $30-$40 / day and no drop off if they have an office in Cabo as most do.   I put a call into our GM at the club last week but or course no return call.  

Lets talk about something else. 

-----Original Message-----
From: docobv via Club Cascadas Legacy Owners Group <club-cascadas-le...@googlegroups.com>
To: lth...@aol.com <lth...@aol.com>; st...@sakerscpa.com <st...@sakerscpa.com>; sjbr...@earthlink.net <sjbr...@earthlink.net>
Cc: qtco...@gmail.com <qtco...@gmail.com>; jun...@aol.com <jun...@aol.com>; dminn...@gmail.com <dminn...@gmail.com>; gidc...@outlook.com <gidc...@outlook.com>; aid...@hotmail.com <aid...@hotmail.com>; mwdo...@sopris.net <mwdo...@sopris.net>; mbethf...@gmail.com <mbethf...@gmail.com>; club-cascadas-le...@googlegroups.com <club-cascadas-le...@googlegroups.com>; giddin...@me.com <giddin...@me.com>; dondi...@charter.net <dondi...@charter.net>; dandf.m...@gmail.com <dandf.m...@gmail.com>; frank...@me.com <frank...@me.com>; Iy...@availhoa.com <Iy...@availhoa.com>; juliew...@yahoo.com <juliew...@yahoo.com>; kop...@nwlink.com <kop...@nwlink.com>; lbarn...@templecre.com <lbarn...@templecre.com>; larry...@gmail.com <larry...@gmail.com>; Lauan...@earthlink.net <Lauan...@earthlink.net>; lisava...@yahoo.com <lisava...@yahoo.com>; l.ar...@icloud.com <l.ar...@icloud.com>; rslgr...@gmail.com <rslgr...@gmail.com>; Mauricio...@clubcascadas.com <Mauricio...@clubcascadas.com>; rb...@earthlink.net <rb...@earthlink.net>; robert...@att.net <robert...@att.net>; bandsf...@yahoo.com <bandsf...@yahoo.com>; beachy...@yahoo.com <beachy...@yahoo.com>; Todd....@haworth.com <Todd....@haworth.com>; troyd...@cox.net <troyd...@cox.net>; club-casca...@googlegroups.com <club-casca...@googlegroups.com>; Doug....@vriamericas.com <Doug....@vriamericas.com>; mora...@hotmail.com <mora...@hotmail.com>; wimberl...@tusd.org <wimberl...@tusd.org>; ghei...@legalgraphix.com <ghei...@legalgraphix.com>; mjsmit...@gmail.com <mjsmit...@gmail.com>; jlsk...@gmail.com <jlsk...@gmail.com>; dshields...@insuremail.net <dshields...@insuremail.net>; seeja...@gmail.com <seeja...@gmail.com>; tom...@gmail.com <tom...@gmail.com>; gl...@brushrealty.com <gl...@brushrealty.com>; taho...@gmail.com <taho...@gmail.com>; starkma...@gmail.com <starkma...@gmail.com>; bjadus...@msn.com <bjadus...@msn.com>; brian...@gmail.com <brian...@gmail.com>; carolyn...@gmail.com <carolyn...@gmail.com>; edmcr...@gmail.com <edmcr...@gmail.com>; cafit...@gmail.com <cafit...@gmail.com>; dschu...@gmail.com <dschu...@gmail.com>; donald...@comcast.net <donald...@comcast.net>; fmelgar...@gmail.com <fmelgar...@gmail.com>; gst...@lpbroadband.net <gst...@lpbroadband.net>; gspasq...@gmail.com <gspasq...@gmail.com>; jlambi...@gmail.com <jlambi...@gmail.com>; jamesth...@gmail.com <jamesth...@gmail.com>; janelle...@gmail.com <janelle...@gmail.com>; shmo...@roadrunner.com <shmo...@roadrunner.com>; kenke...@gmail.com <kenke...@gmail.com>; redl...@gmail.com <redl...@gmail.com>; theholis...@gmail.com <theholis...@gmail.com>; s...@wassermangroup.com <s...@wassermangroup.com>; toyot...@yahoo.com <toyot...@yahoo.com>; uschi....@gmail.com <uschi....@gmail.com>
Sent: Mon, Jun 14, 2021 11:52 am
Subject: Re: Cascadas de Baja - Communication to members

Steve, you big CPA GUY… YOU NEED HELP.

-----Original Message-----
From: Luain Hensel <lth...@aol.com>
To: st...@sakerscpa.com <st...@sakerscpa.com>; doc...@aol.com <doc...@aol.com>; sjbr...@earthlink.net <sjbr...@earthlink.net>

To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-legacy-owners-group/85911200.689778.1623685937289%40mail.yahoo.com.

[Luain Hensel]

lol

[Luain Hensel]

Love this.  Even if Dan and Steve had valid points, they have lost all credibility with me.  Steve's rants are out of control.  Negativity, bitterness, and anger are not things I want to associate with Cascadas.  

[SUSAN FRAZIER]

Love it!!  Thx


Sent from Yahoo Mail for iPhone

[Brian]

We have attempted twice to rent cars through orbits or Priceline for cabo. We have never gotten the car for the published price, even when pre-payment was made at time of booking. None of those published fairs include Baja state fees or taxes. And the rental agents will be difficult. 

The last two years we have rented from Ten rental car, they were for a while at Cascadas, now they are a short walk down the street.  Their prices may be a bit more than published orbits rates, however the rate included all taxes and fees. Last November we rented from the one near Cascadas and dropped at the airport for no extra fee. However, we did have the car for over a week, so maybe that weekly rental includes a different location drop.

Jeep rental prices the last three years have been $125 + a day. We usually rent a mid- size car.  

- Brian Fraus. 

Sent from my iPhone

On Jun 14, 2021, at 7:33 PM, SUSAN FRAZIER <bandsf...@yahoo.com> wrote:

 Love it!!  Thx

[Sallie Johnston]

Love the poem🤗

Sent from my iPhone.  Sallie

On Jun 14, 2021, at 12:31 PM, Esta Zettel <estaz...@gmail.com> wrote:



To view this discussion on the web visit https://groups.google.com/d/msgid/club-cascadas-de-baja/CANJuZyEd%2Bi_YdMK%3D7RYynAwcrVJ8HSbN5rw6SVUtAMObHrdmzQ%40mail.gmail.com.

[Carolyn&lorne]

The poem is perfect at this time!! 

Sent from my iPhone

On Jun 14, 2021, at 2:19 PM, Sallie Johnston <salt...@aol.com> wrote:

Love the poem🤗