• ¤ COMMUNITY SUBDIVISIONS :
  • ¤ FIRE MITIGATION
  • ¤ HISTORY – Our Community
  • ¤ MAPS & PLATS
  • ¤ MASTER ASSOCIATION :
  • ¤ NEIGHBOR NEWS
  • ¤ SILVER SPRINGS LAKES
  • ¤ SILVER SPRINGS PARKS
  • ¤ WATERWAYS : above ground and underground
  • ¤ UNDERDRAIN SYSTEM Homeowners vs Board Dispute
  • ¤ CONCERNS & OPINIONS



  • –Budgets

    In April 2010 a Survey Ballot of the Silver Springs Community received a 100% vote from the property owners in the affirmative on Item 5 – “I vote all Boards’ Minutes and Budgets are the property of the property owners, are to be posted promptly, and exhibit fiduciary duty and transparency of all issues.”


     PLEASE READ TERMS OF USE


    Silver Springs Single Family Homeowners Association Board Budgets are the property of the Association Members. In this manner the Board is held accountable for its actions. The Association Members hold the right of free access, perusal, and use of these documents and chose to do so at the Member website at www.silverspringscommunity.com.


    The SSSFHOA does NOT OWN any land.
    The SSSFHOA does NOT OWN any amenities.
    The SSSFHOA does NOT OWN the underdrains.
    On what does the SSSFHOA board use the $70,500 they collect each year from the Homeowners?
    $32,900 annually goes to the Master Association for land, lakes, tennis court and parks.
    $32,600 annually remains in our budget, a 5% part goes to the management company.
    So why is there so much language, Articles, and subsections for Assessments, Special Assessments, fines and CAPITAL IMPROVEMENTS in the baneful draft CCRs???  Legal fees!!!!
    You can be sure, Nothing good has or will come of this!
    DO NOT VOTE FOR THE BOARD’S RE-WRITTEN CCRs.


    …….The Master Association collects annually $88, 200. from all the Community Property Owners.
    In 2018 their collections accrual is over $400,000.  They are collecting far more fees than they need to operate.


    Homeowners voted in 1985, 1994, 2008 and on 11/3/2014 to “Ignore the Underdrains” Noland was allowed to spend $10,000 and an additional $2,000 on them thereby disenfranchising the Homeowners votes and intentionally disregarding the board’s fiduciary duty. Complex Solutions expert Dale Gifford reports the 1979 “underdrains do not have a predictable remaining useful life.”  Our Neighborhood has no appreciable use for them.

    Noland’s FAQ on underdrains and his companion draft CCRs lay the liability and costs on the INDIVIDUAL PROPERTY OWNER private property where, at Noland’s discretion, the maintenance and repairs to extend the underdrains life are to be located. His FAQ’s estimate costs per incident to range from $5,000 to $10,000 or more. The S.C. engineer estimated costs in range of $500,000 or more.

    FREQUENTLY ASKED QUESTIONS AND ANSWERS
    What Is the Big Deal About the UNDERDRAINS?

    BUDGETS INDEX PAGE FOR THE SILVER SPRINGS
    SINGLE FAMILY HOMEOWNERS ASSOCIATION

    1985-1986 Approved Budget.  No underdrains activity since 1982 when the  Developer received his bond release from Summit County.

    2000 SSSF Annual Budget –  Accrued savings of $27,495.06 placed in Prudential Money Market.  No Legal fees. No underdrains activity.

    2005 SSSF Budget PowerPoint October 26 – PowerPoint August 8 –
    $14,500 spent for legal fees (attorney Craig Smith); illegal first underdrain expenditure, $300. Conflict of interest activity begins.

    2006 SSSF Budget – $12,000 spent for legal fees (underdrains), additional $2,500 expenditure for illegal, temporary underdrains work.

    2007 SSSF Budgets  – $10,500 spent for legal fees (underdrains), additional $3,150 spent for illegal, temporary 1979 underdrains to benefit around 5 neighbors.

    2008 SSSF Budget  – BOT spent $12,167  for legal fees (underdrains; and Gunter, Pollard, Winer hired attorney Lincoln Hobbs to destroy Annual Meeting), additional $1,105.34 spent for illegal underdrain rotorooting.  Amounts vary from one BOT document to another.

    2008  SSSF Year End Budget – (Legal fees on the November 6th Budget totaled $2,936.40. On December 2008 the total had increased to $11,329.66.  An increase of $8,393.26 for illegal replacement meeting costs.  A request was made to the treasurer and bookkeeper Lyn Cier for details of this expense. None has been received.)

    2009 SSSF Budgets  BOT spent $400 for legal fees, projected Legal Fees are $11,000 for this year. For what? No disclosure.) Also $5,975 spent on the illegal 1979 underdrain work for a few neighbors.

    2009 SSSF Year End Budget – nearly $6,000 was spent by the board for the underdrain system that was abandoned by the 1985 and 1994 vote of the General Association Members.  A legitimate change in this matter was never pursued. Furtive work by the Board

    2010 SSSF Budgets Page –  BOT spent $12,000 for legal fees. And $5,000 for unearthing of 1979 underdrains; work rejected by the Homeowners.   Link includes the March 2010 Invoice Letter from Gunter, Noland improperly assessing $462. to each Homeowner.
    There are 189 residential lots in SSSFHOA. Only ten of those lots that are on the large lake directly benefit from the assessments for lake repairs and maintenance.  Five lot owners in Little Lake subdivision also benefit from proximity to the small lake/pond assessment.  This Noland assessment does not have the required 66 2/3% majority vote from the Property Owners. Owners who refused to pay were liened and fined by Noland/MA.  Attorney stated that the State assesses $10,000 fine to boards who lien properties for non-payment of assessments not voted on by Property Owners.  Who will report this excess to the State?

    2011 SSSFHOA Budget – BOT spent $2,500 on legal fees.  A refund was to be sent to the Homeowners for last years unauthorized assessment by Noland/MA.  Kept the overage, no refund to Owners.  Between $2,872 and $5000 was spent on the illegal underdrain work.

    2012 SSSFHOA Budget Page   SSMA receives $33,075 from our HOA.  The remaining $14,175 goes into the SSSFHOA accrual for all annual expenses. BOT spent between $1,500 and $3,000 for the illegal underdrain work.   — A new law requires a homeowner-elected board to adopt a budget annually and to then present that budget to the homeowners at a meeting.  Since the budget will have already been adopted by the board, there is no requirement that the homeowners vote to approve the budget at the meeting.   The homeowners can, however, call a special meeting within 45 days of the first meeting and vote to disapprove the budget.  The budget will be disapproved if 51% of the total votes in the association vote to disapprove it “at a special meeting specifically called for that purpose by the lot owners.”

    2013 SSSF Annual Budget – BOT spent $3,000 on legal fees, and between $500 and $3,000 on the unsanctioned underdrains under protest from Owners. Letter from Noland misrepresenting the underdrains was sent to all the Owners.

    Budget Report for 2013:
    We are under budget this year. There is $35,000.00 in savings. “SSSFHOA does not need a reserve study since they own no property.” [See in November 4, 2013 Reconvened Annual Meeting Minutes]
    — The Utah HOA Law blog states “It is a false notion that Utah reserve analysis law, federal or state, requires an association to have reserve fund.”  In fact, the law specifically requires an association to provide an opportunity for homeowners to vote on whether to fund a reserve fund.  This vote has never occurred in Silver Springs.
    See Utah Code Section 57-8a-211 (non-condo HOAs)
    — The MA Budget has approx. $278,614 in reserves.  Where is our refund from 2010?

    2014 SSSF Annual Budget  Homeowners voted for 3rd time at Annual Meeting telling the BOT to “Ignore the Underdrains” Noland spent between $3,000 to $11,660 (more than one BOT budget reconciliation) on the illegal, damaging underdrains this year.  BOT spent between $3,913.75 to $5,000 on legal fees.  PMA was paid $10,206 for the year.

    2015 SSSF Annual Budget  BOT spent $10,500 on legal fees. Homeowners voted on 11/3/2014 to “Ignore the Underdrains” Noland allowed by BOT to spend $10,000 on them.

    2016 SSSF Annual Budget -Homeowners voted on 11/3/2014 to “Ignore the Underdrains” Noland allowed to spend another $10,000 on a reserve for the underdrains. -PMA  $10, 206. jumped to $18,000 on Proposed 2017 Budget. -Board fired PMA in Nov. 2016.  Large staff took on many BOT duties. Dec. 1st Dickey hired at $10,206. – MA has accrued over $265,000 since Noland’s 2010 illegal special assessment without Owner 66 2/3% vote. as an outcome of Noland’s illegitimate 200% special assessment, he placed liens and sued Homeowners who protested his unsanctioned actions. Noland disrespects HOA legitimate process. BOT spent $10,500 on legal fees (underdrains).

    2017 SSSF Annual Budget – BOT spent $4,103 for legal fees. BOT hired
    Model HOA/Ryan Dickey on Dec.1st at $17,500.  Two employees. -Improper Annual Mtg notice to Homeowners.  -Use of “Tickets” to distance BOT from Homeowners.  Tickets do not receive replies.  -MA has accrued $333,000 since 2010 an outcome of Noland’s 2010 illegitimate 200% special assessment, he placed liens and sued Homeowners who protested his unsanctioned actions. — Homeowners voted in 1985, 1994, 2008, and on 11/3/2014 to “Ignore the Underdrains” Noland allowed to spend $10,000 and an additional amount between $1,336 and $2,000 on the underdrains thereby disenfranchising the Homeowners votes and fiduciary duty. Expert Gifford reports “underdrains do not have a predictable remaining useful life.” Nolands FAQ on underdrains and his companion CCRs lay the liability and costs on the INDIVIDUAL PROPERTY OWNER where, at Noland’s discretion, the maintenance and repairs to extend the underdrains life are to be engaged. His FAQ’s estimate costs per incident to range from $5,000 to $10,000 or more. The S.C. engineer estimated $500,000 or more.

    2018 SSSF Proposed Annual Budget  October 10, 2017 Annual Meeting: Illegally given approval by the BOT though only 25 people participated in the meeting.  No quorum.

    2018 SSSF Annual Budget from 01 to 08-2018    $70,500 in HOA Dues Income. Income from Arc Review fees and Compliance fees are not provided.  $16,200. Model HOA.  $32,900 to the Master Association.  $7,000 for Legal Fees (plus $13,000 for legal fees and meetings for the board’s  attempt to pass the underdrain/re-write committee Version 19 CCRs). $12,000 for the unratified disapproved underdrains.

    2019 SSSF Proposed Budget   $70,500 in HOA Dues Income. Income from Arc Review fees and Compliance fees are not provided.  Income from Arc Review fees and Compliance fees are not provided.  $16,200. Model HOA.  $32,900 to the Master Association.  $7,000 for Legal Fees. $12,000 for the unratified disapproved underdrains.

    2020 SSSF Proposed Budget
    Includes completed 2019 end expenditures.
    Hands up or down vote by 40+/_ Owners in attendance at Annual Meeting. No count recorded.  No disclosure for $6,780 expenditure in 2019 for “Legal Fees.”

     

     

     

     

    Silver Springs MA Tennis Courts - Winter 2008
    Silver Springs Community – Tennis Courts – Winter 2007-2008 – Maintenance by MHOA dues.
    One of the Tennis Courts is titled to Meadow Wild/Meadow Springs yet those subdivisions do not contribute as subdivisions to the repair or maintenance of their court.  The MHOA has been requesting for years that the deed be transferred to the MHOA as was the case in 1989 of the other tennis court which used to belong to the Willowbend Condos HOA.

    Silver Springs Park playground - 2008
    Pavilion at the Park – Maintenance Paid for by MHOA dues.


    New Utah Law Requires HOA Reserve Study (SB 278)

    http://le.utah.gov/~2010/htmdoc/sbillhtm/SB0278.htm

    The State Legislature has recently passed a law requiring Community Associations to conduct a Reserve
    Study.  below are a few of the main points of the bill:

    * All HOA associations must have a Reserve Analysis Study done by July 1, 2012
    * The Analysis must be reviewed at least every 2 years and updated no less than every 5 years
    * The only requirements to have and administer a Reserve Fund would be found in the HOA CC&Rs
    * Reserve funds must be spent on reserve items unless approve by 60% of Association Members
    * A Reserve Fund must be established separate from the association’s general operating account

    HOMEOWNERS’ ASSOCIATION AMENDMENTS
    http://le.utah.gov/~2010/bills/sbillenr/sb0278.htm

    2010 General Session of State of Utah Senate

    Utah Code Sections Affected:
    ENACTS:
    57-8-7.5, Utah Code Annotated 1953
    57-8a-211, Utah Code Annotated 1953


     
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