Last month I wrote in this blog that I was going to ask the BOD for an update on the status of Units 3 & 4 and that I would pass along additional information as soon as it became available.
The following is the text of the email I sent to all active BOD members on November 18th:
Good Morning:
This will serve as a follow up to last nights BOD meeting.
While Mr. Knees had no answers for our questions he did state, when specifically asked by Mr Duffy, that there was probably something not done correctly.
At this point it is beyond obvious that there is a problem.
Furthermore, the reality of the situation is that the association DID NOT cause the problem. It was either the developer or his legal representative. In either case the association is not the responsible party.
In light of this reality, please give the membership a "point in time" update by answering the following questions to the best of your knowledge based on what you know as of today.
1. Why is the association spearheading this investigation?
2. Why are we paying the bills for this investigation?
3. Is the developer aware of the problem?
4. Has the developer expressed any willingness to get involved?
5. Has the BOD asked the developer accept responsibility and assume the financial burden of correcting the problem and the retaining legal counsel?
6. Will the BOD pursue compensation from the developer to offset our expenses?
Thank you,
Tony Robinson
As you can see it has been almost three weeks since I sent the request for a “point in time” update. I have received absolutely zero response – not even an acknowledgement that I submitted a request for information. (By the way, I did send a follow up email requesting acknowledgement of receipt of my email. No response to that either).
Are we to believe nothing is being done regarding this issue? Or should we just trust that all is well and we will be informed when the need arises?
Candidly, it’s not my nature to trust those who have abused my confidence on previous occasions. I’m definitely a “trust but verify” kind of guy.
This debacle can and will cost the association thousands of dollars unless the membership holds the BOD accountable by asking tough questions and demanding the developer get involved.
A potentially valid case could be made that since the CCR’s have not been filed against Units 3 & 4 that the association has no legal basis for claiming jurisdiction over Units 3 & 4 until the developer rectifies the situation. If that legal position is deemed accurate then the makeup, function and ability of the BOD to even hold a BOD meeting to conduct business is called into question.
Don’t think for a minute that everything will work out fine. Mistakes were made to get us into this situation and mistakes can be made in correcting the situation.
If the BOD is acting without legal authority due to unqualified BOD members holding office (not all sitting BOD members live in a Unit of the subdivision that is subjected to the CCR’s) then this could get become a catastrophe in which none of us want to be caught in the middle.
It’s time for the BOD to update is all –
Please join me in calling on the BOD to respond to these important questions.
Thank you,
Tony Robinson
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