I know I will be skewered for suggesting that non-members not pay assessments to the HOA. In an attempt to preempt any misrepresentation of my position please allow me to go on the record and openly state my personal opinions.
1. I personally believe everyone living in the subdivision should share in the expenses related to maintaining the common property and last November I sent the BOD a certified letter stating my willingness to contribute a full proportional share of such expenses.
2. I believe the HOA bylaws provides for a straightforward formula for calculating such expenses and that the BOD should start using that method accordingly.
3. I believe that there exists a legal precedence for requiring anyone owning property within the subdivision to contribute proportionally to the maintenance of the common property regardless of their status in the HOA.
For me, the dispute regarding inclusion in the HOA has nothing to do with finances related to common property.
Let me state again - As a non-member, I have sent the BOD a certified letter stating my willingness to contribute a full proportional share of the necessary expenses related to maintaining the common property.
Tony Robinson
Wednesday, February 4, 2009
Options
Since the discovery that the developer never recorded the CCR’s against Units 3 and 4 many of us have been waiting for some factual, reliable information on the status of problem. The BOD has refused to fully disclose the facts surrounding the situation but these are the facts we do know as related to this situation.
1. The association has retained the services of Attorney William Knee, the same attorney that filed suit against the association on behalf of two of our current BOD members.
2. It is a fact that, regardless of any claims, insinuation or suggestion, the developer is not required to include all units in the HOA.
3. It is a fact that the developer did not record the CCR’s against any lot in Unit 3 or 4 of our subdivision.
The BOD has made numerous claims regarding the intent of developer with respect to including the lots into the HOA.
It is a possibility that at one time the developer did intend to include all of the subdivision into the HOA but the BOD has not provided any written statements from the developer certifying this claim. To my knowledge, the developer has remained silent – unwilling to get involved (Possibility due to the large legal expense required to fix the problem which would rightfully fall on him).
It is also a possibility that the developer decided against including Units 3 & 4 into the association. There are multiple opinions – each of us will have to decide for ourselves but the fact remains that the developer is not required to include all lots in the HOA and in this instance the developer did not record the necessary documents to include Units 3 and 4 in the HOA.
Next Saturday, February 7th, the Estates of Millbrook HOA will hold its annual membership meeting. The fact that over half of the lots in the subdivision are not in the HOA raises numerous questions, for example:
- How will the association address the fact that half of the BOD members are not members of the association?
- Why did the BOD knowingly appoint a non-member to the BOD?
- How will this affect the legality of any decisions made by this BOD?
- Can the association’s BOD even hold a legal BOD meeting considering the associations by-laws require a majority of 3 to open a BOD meeting?
- What will constitute a quorum at the February meeting?
The question I have been asked to comment on is:
“If I own a lot in Unit 3 or 4, what are my options?”
I believe those of us caught in the middle of this do have options. I am also convinced we have not received full disclosure of all the information. There are numerous possible reasons why but I will not speculate.
What I will do is offer the following suggestions. In order keep your options open consider the following:
1. Consider not attending this Saturday’s meeting. If you do want to attend consider not signing in as a member. You can attend the meeting without signing in. If you chose to sign in you are creating the potential for an implied consent claim.
2. As a non-member, you are not required to pay any assessments. Don’t pay any assessments to an organization of which you are not a member. If you pay an assessment it could be implied that you consent to any actions the BOD might take to subject your property to the CCR’s.
3. Consider sending a letter to the BOD demanding that you be included in the decision making process for resolving this dilemma. It’s your property and you are entitled to be included in the process. The BOD has stated they will file (or already have filed) legal paperwork to record the CCR’s against your property. While you may be in favor of this your have every legal right to insist to be included in this process.
5. Above all, ask questions of the Board and demand answers. Seek your own attorney’s opinion. Do not accept the word of the Board of Directors as legal advice.
Best Regards,
Tony Robinson
1. The association has retained the services of Attorney William Knee, the same attorney that filed suit against the association on behalf of two of our current BOD members.
2. It is a fact that, regardless of any claims, insinuation or suggestion, the developer is not required to include all units in the HOA.
3. It is a fact that the developer did not record the CCR’s against any lot in Unit 3 or 4 of our subdivision.
The BOD has made numerous claims regarding the intent of developer with respect to including the lots into the HOA.
It is a possibility that at one time the developer did intend to include all of the subdivision into the HOA but the BOD has not provided any written statements from the developer certifying this claim. To my knowledge, the developer has remained silent – unwilling to get involved (Possibility due to the large legal expense required to fix the problem which would rightfully fall on him).
It is also a possibility that the developer decided against including Units 3 & 4 into the association. There are multiple opinions – each of us will have to decide for ourselves but the fact remains that the developer is not required to include all lots in the HOA and in this instance the developer did not record the necessary documents to include Units 3 and 4 in the HOA.
Next Saturday, February 7th, the Estates of Millbrook HOA will hold its annual membership meeting. The fact that over half of the lots in the subdivision are not in the HOA raises numerous questions, for example:
- How will the association address the fact that half of the BOD members are not members of the association?
- Why did the BOD knowingly appoint a non-member to the BOD?
- How will this affect the legality of any decisions made by this BOD?
- Can the association’s BOD even hold a legal BOD meeting considering the associations by-laws require a majority of 3 to open a BOD meeting?
- What will constitute a quorum at the February meeting?
The question I have been asked to comment on is:
“If I own a lot in Unit 3 or 4, what are my options?”
I believe those of us caught in the middle of this do have options. I am also convinced we have not received full disclosure of all the information. There are numerous possible reasons why but I will not speculate.
What I will do is offer the following suggestions. In order keep your options open consider the following:
1. Consider not attending this Saturday’s meeting. If you do want to attend consider not signing in as a member. You can attend the meeting without signing in. If you chose to sign in you are creating the potential for an implied consent claim.
2. As a non-member, you are not required to pay any assessments. Don’t pay any assessments to an organization of which you are not a member. If you pay an assessment it could be implied that you consent to any actions the BOD might take to subject your property to the CCR’s.
3. Consider sending a letter to the BOD demanding that you be included in the decision making process for resolving this dilemma. It’s your property and you are entitled to be included in the process. The BOD has stated they will file (or already have filed) legal paperwork to record the CCR’s against your property. While you may be in favor of this your have every legal right to insist to be included in this process.
5. Above all, ask questions of the Board and demand answers. Seek your own attorney’s opinion. Do not accept the word of the Board of Directors as legal advice.
Best Regards,
Tony Robinson
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