When neighbors began banding together in August of 2020 to discuss the issues with Dixie Springs Architectural Control Committee, Inc. there were a lot of unknown factors regarding the corporation. Was it a corporation, was it actually the ACC? Was it legal, was it an HOA? How could the vast majority of owners who did not want anything to do with any HOA or any organization that acted anything like and HOA do?

From these group discussions several people independently approached a number of attorneys to see what could be done. Almost to a T, all of the attorneys said the same thing, you can either sue them in court, which will cost thousands, negotiate with them, or change your CC&Rs. Nobody wanted to spend money on court battles, the corporation refused to listen to anyone, and it was apparent that the only way to fix things was to amend the CC&Rs. From that effort, Amendment 5 was authored, reviewed by lawyers, and the effort to get it passed began.

So where does the hoax come in? Nancy Crowley, using her access to your emails that you gave to her for “Dixie Springs news” began spreading misinformation trying to stop the movement. She created a fictitious organization that was leading people astray. She picked a homeowner that she had already had issues with, Craig Sotebeer, to pinpoint as the organization’s leader. Then she started her war on “The A5 Group”.

In reality, A5 was never an actual group. There were no leaders, no formal meetings, no organized effort with a small band of horrible people as she liked to characterize them. In true American fashion, it was a grassroots effort driven by owners that were tired of the lies, deception and terrible influence this one person had over the attitude and peace of Dixie Springs. People came and went, and usually came back and worked again after a rest. Very much like the American Revolution, people believed in the effort and took turns doing the work.

Now Nancy is threatened again, so again the lies start. The latest is claiming that “The A5 Group”, sometimes just referred to as “A5” is trying to take over her corporation. Nothing could be further from the truth. While some of the people that are getting together to hold the CC&Rs supported election had previously worked on the Amendment 5 effort at different stages, this is yet another grassroots effort to take back our property rights guaranteed and granted us through the CC&Rs. “A5” cannot be behind the election, because there is no “A5” group. Several dozen people worked hours and hours to pass A5, ask them how many official group meetings they attended. There were neighborhood info meetings, that were open to the public by the way, but nothing in the way of creating a leadership team, and holding regular meetings. In hind sight it would have been easier if it had been done that way.

How is the September 23rd election not an effort to take over DSACC, Inc.?

Plain and simple, the CC&Rs, without A5 in place, demand that an Architectural Control Committee (ACC) be created. Until August of 2014, the sole right to appoint committee members was held by Clarence Jolley, the owner of Dixie Springs, Inc.. Clarence was the “Declarant” that you read about in the CC&Rs. Jolley held that right to appoint until 2025, or until he sold 90% of his lots. The 90% was sold in August of 2014. From that point on, the right to appoint or elect members of the committee (ACC) belonged to owners, and owners only. There is no provision anywhere in the CC&Rs for any other party to appoint a single member. That brings up some interesting questions, such as:

1. Why didn’t owners not hear about that threshold being met and the right to appoint transferring to us?
2. If owners are the only ones with the legal right to appoint members, how were other people selected and approved after August 2014?
3. How can a corporation that is not listed anywhere in the CC&Rs claim authority to do anything in Dixie Springs if they were not first appointed or approved by a majority of owners?
4. How can a corporate board that has self appointed members be the Architectural Control Committee if they are not legally allowed to appoint members?
5. If DSACC, Inc. claims that they got authority from Jolley, how could they actually have a legal claim since they didn’t incorporate until May of 2015, 9 months after Jolley’s authority had expired?
6. If the ACC is a committee, why is it that DSACC, Inc. is run by a board, not a committee.

There are many more that pop up as you read the CC&Rs and see that it is not in the least bit ambiguous when it comes to the authority to appoint committee members. The CC&Rs have some really bad, and unclear parts, but that is not one of them.

So, as you can clearly see, the effort by owners to elect a valid ACC is an effort to follow the CC&Rs, by creating the first owner-appointed committee. DSACC, Inc. on the other hand is a corporation created by four opportunists who knew that owners were out of the loop and that they could get away with it as long as we stayed ignorant. Nancy and others did their best for years to push the narrative that DSACC, Inc. was just a group of volunteers, hoping that would shut down the discussion.

So as you can see, this is an election for the ACC. Let Nancy and her group run their own election for a pointless corporation that has no legal right to do anything. The rights of the ACC belong to owners, not a third-party, unelected corporation that is in business just to serve the hubris and need for control of its silent leader.

More about the Corporation

DSACC, Inc. is a corporation that has raised tens of thousands of dollars a year since 2015, with the sole purpose of using it against owners if they do not comply. Their expenses have been for lawyers to intimidate and litigate, and insurance to protect them from you trying to make claims against them personally for their efforts. That money has not gone into any effort to better the community, we see no visual improvements that are a result of that money. All they have accomplished is dividing the community against one another and it always goes back to Nancy Crowley and her effort to stay in control.

New board members, as a test, ask Nancy to explain how she solved the $5,200 missing between 2017 and 2018 tax filings. Ask in detail, don’t be baffled by her accounting jargon, demand a full accounting before you put your name on the list of people already conned into taking the heat for her. Ask to see what the accountant got from her, then ask yourself if you were in the accountant’s shoes how you would have filed. A change in accounting style does not explain the problem in the taxes, and the solution she provided does not have any basis in a change of accounting style. She just added and subtracted to make it all work out again.

Ask to audit the books and watch her face. Ask why there are multiple published copies of the P&L for 2018. Ask for receipts. Ask where the money (income) that was removed in the revision went. The next year didn’t include it, and there is no revision to the previous year either. It just POOF and disappeared.

They have done their very best to confuse and convince you that while you are not a member of their “association”, you are subject to their bylaws. They create bylaws that effectively supersede the CC&Rs. Like the Constitution is for the United States the top set of rules, the CC&Rs are effectively the constitution for Dixie Springs and cannot be superseded by anything other than City, County, State and Federal LAWS. No corporation has the authority to amend the CC&Rs. The only way election rules can be altered is through a change in the CC&Rs. Rules can be made, but not a rule that effectively overrules or changes the CC&Rs.

Proofier Proof

One of our neighbors likes to demand proof, which I support. His problem is he doesn’t bother looking at it, or dismisses it. Of course you are free to think for yourselves and it is hoped that you really will. Please have a look at the following bits of information and decide for yourselves.

1. CC&Rs referring to the nature of the ACC and appointing committee members. Original, later amended in Amendment 1.
2. Dixie Springs Architectural Control Committee, Inc. Articles of Incorporation (formation document).
3. Minutes from a meeting in August 2014 showing the following:
   • Intent to incorporate (didn’t happen for 9 more months)
   • ACC independently making changes to the CC&Rs (not possible)
   • Nancy Crowley took it upon herself to find the lawyer to help incorporate
   • They seemed to be in a hurry, meeting three days in a row
4. Interesting email the start of the pattern?
5. Is it really not an HOA? Try these mental gymnastics.

MORE TO COME