The Dixie Springs ACC election on Oct 24, 2023 has been delayed.
Your Dixie Springs ACC is operating just as it always has. Our attorney has advised us, despite our local challenges of a false election, misinformation and discord, that we should continue doing our duty to approve builds and external changes, and enforce the CC&R‘s for the benefit of everyone in the community. CC&R’s retain property values and provide a welcome assurance of stability for Dixie Springs.
There are a few outstanding court issues at the moment from people who are fighting our ACC and the CC&Rs. These should be resolved within a few weeks.
Because of this, the ACC has decided to postpone the election scheduled for October 24, 2023, until after these legal actions have had their final resolution. We had expected them to be resolved already.
We feel this is most fair to our nominees so they can focus on helping our community as the CCR’s require. The distraction of spurious lawsuits is unnecessary. Every attempt in court to undermine the actions of the ACC has failed to date.
We look forward to continuing to serve and support the Dixie Springs community.
Click on the "Unsanctioned Election" tab to get information about unsanctioned and false election held in September.
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Candidate information will be posted here when it is received.
Dixie Springs Architectural Control Committee, Inc., (“DSACC”) is a non-profit corporation organized according to the laws of the State of Utah. The Covenants, Conditions and Restrictions (CCRs) for Dixie Springs were established by the original developer to maintain standards and property values. The CCRs authorize the Architectural Control Committee (ACC) to approve architectural building plans for all new buildings and enforce the CCRs for existing buildings. The CCRs are a legally binding contract. Each lot owner signed a legally binding commitment to support the CCRs and therefore the ACC at the closing for their property. The DSACC has been functioning legally for many years.
Only the DSACC corporation can hold a sanctioned election for its board members. Any other attempt to hold an election outside the official DSACC election scheduled for October 24, 2023, has no legally binding effect on the DSACC corporation, its functions, the CCRs, or most importantly, lot owners.
For the past three years some disgruntled lot owners have tried to disband the ACC. They attempted to validate Amendment 5 (“A5”) to the CCRs. A5 would have disbanded the ACC (and therefore enforcement of the CCRs). When DSACC, Inc., challenged the processes of A5 last January, the A5 group sued the DSACC through a sympathizer, Evelyn Oberg, as plaintiff.
In granting a recent Preliminary Injunction against Oberg, the judge upheld the DSACC corporation’s existence and functions. He required the withdrawal of A5 from county records, thereby invalidating the A5 amendment. He cited procedural errors as the basis for his decision.
This legal setback angered the A5 group, so they planned a different attack. Members of the same A5 group are trying to hold an alternate election on September 23, 2023, to accomplish their goals. This is a confusing, illegitimate attempt by a few people to have their way rather than honor the legal commitments they made when closing on their properties. This alternate election is not recognized or sanctioned by the legal corporation that oversees the Dixie Springs CCRs.
Apparently, these A5 supporters claim to be an alternate ACC (with no current members), but there can be no alternate ACC. Winners of this rogue election, if it is held, would disband themselves as an ACC and perhaps even try to modify the CCRs.
However, any individuals elected on or around September 23, 2023, will have no legal authority to act for the over 1300 lot owners in Dixie Springs. Social media appearances and claims aside, this group is again failing to follow required legal procedures. A valid vote for DSACC board members can be conducted only under the auspices of the DSACC.
Election and Other Conflict Information
When people wrestle on both sides of a toxic conflict, both sides look like losers. The only way to tell who wins is to have a referee.
Social media is often the ultimate source of conflict, allowing and even promoting anonymous posts, personal attacks, lies, misrepresentations, mistaken understandings, unbridled emotions, and rudeness. The loudest and most prolific arguments often appear to be winning in social media. Measured, civil dialog seems unpersuasive in comparison.
Interested civic-minded observers looking for answers to real issues tire of the slogging and stop paying attention. This has happened in Dixie Springs as large groups of lot owners now ignore the unceasing drumbeat of dissatisfaction and illegal alternate ploys to disenfranchise the ACC and its volunteer board members.
Dixie Springs has turned into a social media quagmire of conflict. That is sad, as this has been a wonderful community. The Dixie Springs Architectural Control Committee, Inc., (ACC) hopes it can inspire lot owners to re-engage in civil activities by helping to elect new ACC board members on October 24, 2023.
Dixie Springs has standards with which everyone can live. Actually, every single lot owner committed at closing to the legally binding contract to encumber their properties with the Dixie Springs Covenants, Conditions and Restrictions (CCRs). If all lot owners read the CCRs and lived up to their legal commitments, there would be little need for enforcement of the CCRs by the ACC. There would be no fines, no hard feelings, no wrestling. The ACC would simply ensure that contractors meet the CCR requirements for new construction and collect the small fee for doing so. This is the only real revenue of the ACC. However, the ACC is also tasked with enforcing the CCRs for existing buildings, and that bothers some residents.
The ACC welcomes civil discourse and differing opinions. A large majority of issues are settled without the need for aggressive conflict, and without outside legal intervention. However, certain folks believe they are exempt from their obligations. As they re-interpret and violate the CCRs, they fight the DSACC at every turn, attacking and hollering.
Eventually, a referee has to step in. The referee is our court system. Impartial judges hear both sides of various contentious issues and make decisions for parties who cannot agree among themselves.
Consistently, those who violate or misinterpret the CCRs lose in court. Not only do they lose, they may even end up paying the attorney fees of the ACC.
The courts have consistently recognized the ACC as the entity empowered to enforce the Dixie Springs CCRs. Loud volume and numbers of critical social media posts do not make an issue legal or right, nor do alternative actions dreamed up by those wishing to do away with the ACC and even the CCRs. The CCRs preserve property values. Without CCRs, communities devolve into various levels of disarray.
Even when these objectors lose in court (such as with the recent court invalidation of the three-year effort to add Amendment 5 to the CCRs), they do not have the grace and civility to accept the decisions and meet their legal obligations. Defeats prompt them to become louder and more aggressive—including sending harmful “glitter bombs” to their neighbor “enemies”, as happened in the past week to four of your neighbors, sending one to an emergency room.
They find alternate ways to continue to attack the ACC. This is confusing for lot owners who are too tired of the conflict to wade through the all of the misinformation and lies to the court-decided truth.
A group of lot owners continues to challenge the ACC, including with the latest ploy to hold an alternate “election” for a new, different ACC. There cannot be two ACC’s. This is confusing for lot owners. Can their properties be encumbered by the same CCRs with two (or three or four) different enforcement committees? Of course not. The incorporated non-profit Dixie Springs ACC, Inc., has been consistently recognized by the courts as the original committee authorized to enforce the CCRs.
The alternate September 23, 2023 election is an invalid attempt to circumvent the authorized ACC board member election being held October 24, 2023. Only the DS ACC can hold an election for its board members. Please watch for communications about the conduct of this October election arriving by mail and on-line. Help re-establish proper civil discourse and actions through doing your civic duty to investigate candidates and vote for those who support the CCRs and the ACC on October 24.