Hi, my name is XXXXX XXXXX X thank you for your inquiry. I have been practicing law for 19+ years and look forward to assisting you.Does the agreement obligate this "manager" to continue being the manager of the group? Is be being compensated for this responsibility?Is the well/electric bill in this current manager's name?
Also, with regard to his threat, what is it that he says you have to do to prevent the well shut off?
1. No, the agreement doesn't say anything about the 'manager' needing to continue being the manager.
2. No. They are not being compensated for being the manager
3. The electric is under the manager's name.
They were the first people to live, and therefore the first people to use the well about 7 years ago. And then about 4 years ago we moved in after the well agreement and everything else was already set up. When we moved in the three houses were here, but theirs was the only occupied.
Here is his email. Its 'nicely' worded, but I definitely read a threat -- even though, I think, a toothless one since they would be cutting off their own water here in the desert !!! Here is his email:
This email is to notify all of you that as of July 15, 2013 I am closing the APS account off. In order for there to continue to have power to the well one of you need to get the account setup in your name on or before July 12th. Other wise the power will be shut off on the 15th. As soon as Pam receives the final bill from APS she will pay it and then close the bank account. We need to know who will be taking over the accounting so we can have a check made out to you. Please let me know by July 10th who is taking over. Currently the APS account is under J@#$@$ L@#$, account number XYZ... Thank you for stepping up
We own the house we live in. The well is actually in either the easement between 2 properties, that was 'carved out' for access to the well by all parties. If I didn't read that correctly the well is in one of the vacant lots (not in anyone's property).
There is a section of the agreement:
"7. Parties in Conflict: In the event that two or more parties shall engage in a conflict of interest or rights in and to the subject well-site then, all parties shall bring their grievances to a joint meeting of the then property owners of the properties described in this agreement. In the event that said conflicts cannot be resolved by said meeting, then, the parties in conflict shall bring the matter to a court of competent jursidiction so that a decision may be rendered and prevailing party/parties shall be entitled to a reimbursement of reasonable attorney's fees connected with the dispute."
It also references a 'Representative' that is supposed to manage the money, call meetings and manage daily activity, and that this person shall be chosen by a majority vote in a annual meeting to be held by all the parties.
So far its been them since they were the original family living here, and we haven't ever had one of these annual meetings.
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