Concerns & Opinions
OPINIONS & CONCERNS
Send yours to webmaster@silverspringscommunity.com
MESSAGE FROM SUMMIT COUNTY COMMISSIONER DAVE URE TO LUCY ARCHER. “One of my favorite quotations is… “I know of no safe depository of the ultimate powers of society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them but to inform their discretion.”–Thomas Jefferson. The value of the work and information you are providing to your community through your involvement in your HOA and with your website is immeasurable. More folks need to have their hand on the pulse of government. Without public oversight the politicians get away with imposing their will and favoring their own agendas. The reason for having Bylaws is very important. They keep you from getting sued. Bylaws will mean everyone gets treated the same. When you turn someone down for a request to do something, you can reference the bylaws and have a legal reason for doing so. The state and county needs a recorded copy to prove you are a legal organization doing business for a group of people. Good luck in trying to get your neighbors involved in upholding your community’s established rules and bylaws. Thanks for your time, Dave Ure
QUESTIONS ASKED OF STATE LEGISLATOR GAGE FROERER–
The question is this: Who, what agency, or which body of laws, regulates, and particularly enforces the Utah Condominium Act or the Utah
Non-Profit Corporation Act and the individual HOA governing documents such as Articles of Incorporation and Bylaws? As I understand it, both of these acts regulate HOAs in the State of Utah, but who enforces them?
REPLY: THE HOA ENFORCES THE ACTS AND THE GOVERNING DOCUMENTS. THE HOA BOARD HAS A DUTY TO ENFORCE THESE. IF THE HOA BOARD FAILS IN ITS DUTIES, EACH INDIVIDUAL OWNER HAS STANDING AND RIGHTS TO ENFORCE THE PROVISIONS OF THE ACTS AND GOVERNING DOCUMENTS INDEPENDENT OF THE HOA. THERE IS NO GOVERNMENTAL AGENCY CHARGED WITH ENFORCEMENT.
THE MEMBERS ARE RESPONSIBLE TO HOLD THE BOARD ACCOUNTABLE. THEIR FIRST LINE OF DEFENSE IS TO CALL A SPECIAL MEETING TO RECALL THE BOARD AND ELECT A NEW BOARD. THE SECOND LINE OF DEFENSE IS TO MAKE A DEMAND ON THE ASSOCIATION TO SUE THE BOARD TO HAVE THEM FULFILL THEIR DUTIES AND IF THE HOA BOARD FAILS TO FILE THE LAWSUIT, THE OWNERS MAY FILE A LAWSUIT DERIVATIVELY ON BEHALF OF THE HOA.
Is there an enforcement agency to get board officers to comply with subdivision Bylaws and CC&Rs?
REPLY: NO, THE OWNERS NEED TO STEP UP AND TAKE RESPONSIBILITY FOR THEIR COMMUNITY GOVERNANCE.
What agency is able to hold the HOA to their Articles and Bylaws? How can Association Members ensure fair treatment and receive accountability from this quasi-governing body that can make life in their neighborhood very uncomfortable?
REPLY: THERE IS NO GOVERNMENT AGENCY CHARGED WITH OVERSIGHT OF HOAS. TO MY KNOWLEDGE, NEVADA IS THE ONLY STATE WITH AN HOA OMBUDSMAN. THEIR HOA LAWS ARE HIGHLY COMPLEX, BURDENSOME, COSTLY, AND UNLIKED. I REALLY DON’T FORESEE UTAH EVER ADOPTING A LAW SIMILAR TO NEVADA. I ALSO DON’T FORESEE UTAH STATE ALLOCATING MONEY TO AN HOA ENFORCEMENT DIVISION IN THE FUTURE. HOAS ARE PRIVATE NONPROFIT BUSINESS ENTITIES CREATED TO BENEFIT HOMES WITHIN A GEOGRAPHICAL AREA. THE OWNERS AND MEMBERS OF THESE ENTITIES HAVE ADEQUATE PROTECTIONS IF THEY SEEK THEM OUT.
Replies by Sam Bell, Attorney at The Law Office of Kirk A Cullimore, CAI Associate, on 2/25/2009 1:36 PM
2009- January - “I believe the board is going at the website from the wrong perspective. As board members you owe it to the community to make the best choices that provide least expense and the peaceful co-existence of the members.
The idea and goal here is to have a website to provide community information. You have a member of the community willing to maintain the site for free (Lucy). If the board “takes it over” all the board will be able to do is hire someone to build and maintain the site and continue to pay for hosting, etc.. Lucy has spent hundreds of hours researching and building the current site, with little or no help or cooperation from the other board members. Lucy’s work would have cost the board and its members well over $10,000 with a professional site builder. You should understand, this site is her “baby”, and a couple board members have stated they want to “kill” it (or “shut it down”). Would you not expect her to resist this? What the board has paid for since 2006 is for eleven WordPress pages built by PC Web and hosted by Beco Technologies. The eleven pages have been turned over to the board as they requested.
You have a choice: Develop the site at www.silverspringsSFhoa.org with the original 2006- early 2008 pages with great expense to the community. Or, allow Lucy to continue to maintain www.silverspringshoa.org for free at no expense to the community. Seems like an easy choice. How will the community react when they are informed that the split was due to cover up efforts from two rogue board members?
The HOA board is an organization designed to provide community interaction by allowing members to express their opinions. For an organization designed to provide a community voice, all some board members want to do is tell Lucy to “shut up” and remove her from office. By doing this, board members acted shamefully. It seems some members of the current board want to continue this trend. Lucy has a point and deserves to be heard, even if the facts she provides are uncomfortable to some people.
I should also point out that any decisions on this matter are required to be presented at a board meeting, with proper notice to all members and those involved to be allowed to present their case before the board and its members. If you invoke any actions before this meeting you are doing so at your own personal liability. If you feel there is anything erroneous or inappropriate or inaccurate on any page Lucy has always stated she will revise if notified. Only one specific request has been provided, and she has made that revision.
I suggest everyone step back, take a deep breath and relax. I know we can all work this out so everyone is happy. The board is a public entity formed to serve the public interests, meetings and minutes should be posted for easy public access. The website is a primary source of information. If board members make huge mistakes they should expect the board documents to record them. Board members should own up to their errors and make amends, not continue to make more errors to cover them up by trying to eliminate the website and the webmaster.” —cha
LETTER FROM (ASKED TO REMAIN ANONYMOUS): “Thank you for having the guts and dedication to do this. We are proud to live in the same community as you. Thank goodness there are some good decent and honest folk out there who care about this community enough that they are prepared to stand up to the current BOD. The December election was obviously a rigged game and it is obvious from the high handed and contentious actions of some Board members that they think they own Silver Springs and the board. We have been shocked and extremely disappointed to see how some well meaning neighbors (namely you) have been treated at Board meetings. There are too many petty minded misdirected individuals who seem to have too much time on their hands, who make up the rules as they go. Someone needs to judge the judges. Lucy, you have our vote and we strongly urge all members of our Association to send support you. I know many of us are afraid to show our support for fear of retribution from those two. Find out what’s really going before the rogues try to pull the wool over our eyes again. We know you are taking the heat for all of us, our thanks cannot possibly compensate you for being the target, but you know you will continue to get our votes in the future, and we really, really, really appreciate you. Let’s ensure there is a good turnout for some of these meetings.”
LETTER TO MASTER ASSOCIATION BOARD: “I have attended a few master board meetings in the past and was very unhappy with what I saw. Although I myself did not have an issue, I went to support my neighbor and I was horrified at the disrespect given my neighbor about the bylaws by the board (one man in particular). Basically, his attitude was sit down and shut up or we will ban you from future meetings. A few times of that treatment and my neighbor and I quit going. We are a neighborhood, and if there is that much disrespect towards each other how can we think the board represents all of our interests. But yet the board wants our support and money for projects that benefit only people on the water – shame on them. Signed, a homeowner who has watched this injustice go on for too long.”
TENETS OF ROGUE HOA BOARD MEMBERS
1. Erase Individuality and Freedom of Speech: The First Duty is to ensure that all traces of individuality are erased from the community. Do as I say is the creed. Everyone must look alike, think alike, speak alike, and be alike. Call the lawyers, they’ll advise you as to the acceptance of every web page, the exact shades & tones of every house, rooftop & flower in your community.
2. Build a Community of Terror: Ensuring every member of the community feels terrorized ensures submission & subjugation. “We’re going to sue you” will be your motto. This is important to ensure conformity. Use the Lawyer.
3. Forced Alienation: If any thinking member comes forward with any questions, or ideas, put their name on the list for daily inspections. Study their habits. If you determine they arrive home every evening at 6pm, then pass a new rule requiring the garbage bins to be brought in by 5pm. This will give you the excuse you need to send them violation notices at least once per week. Then send a copy to the lawyer every time, and instruct the lawyer to send them letters too.
4. Subjugation: If any member dares to question your decisions, especially at meetings or in front of other members, shut them down immediately. Tell them you don’t recognize their right to speak, and tell the group that they are trouble-makers and gadflys that cause disharmony in the community. Then call the lawyer, or pay the lawyer to come to the next meeting. They will listen to the lawyer because “everyone believes that the lawyer is the final authority.”
5. Provide No Information: Post no meeting dates. Simply make your decisions & implement them. If anyone questions it, see Rule # 4. Then call the lawyer. Have the lawyer send letters to those questioning it to silence them.
6. Provide No Accounting: Send out a letter notifying everyone that their dues are going up and tell them only that “expenses are rising”. If they complain as a group blame it on the one you labeled a gadfly and explain to them how that member is forcing you to call the lawyer every month.
7. Disregard All Laws: You are a private community and you are above the law. There is no oversight, no checks and balances, and you do not have to adhere to anything. If any one or group of people show up to the meeting spouting the bylaws or CC&R’s, have them removed, and call the lawyer.
8. Recognize Financial Limits: Pay the lawyer first every month. Make sure to put away 20% of all money collected into the reserve fund. We’ll teach you how to make this money disappear during private consultation with the lawyer. Then use some of what’s left to control the community.
9. Capitalize on Opportunity: If you hear that one of the resident’s has fallen ill or has an extended stay in the hospital. Take that opportunity to send him past due notices. It doesn’t matter if he’s already paid, he has to prove it. Make sure to send copies to the lawyer, so they can send him letters too and collect their fees for doing it.
10. Ignore the rules. Do it your way with your rules. If you start bending them in any way for any kind of special circumstance you are opening the door for chaos. Even if the entire community bans together to disagree with you and threatens to vote you out, don’t worry and don’t give in. Just make sure the votes are counted in private, and then give them the tally that you won again. Your perpetual service, will ensure that the conformity and subjugation you’ve created will be maintained. Remember to send copies of the tally to the lawyer.
The final rule of thumb: When in doubt, call the lawyer.
— I don’t know why you put up with those people, we won’t deal with them anymore. I thought you would enjoy reading the tenets above. The fella that thinks our HOA bylaws are just ole pieces of paper will probably print these tenets and tape them to his mirror.–jg