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  • ¤ WATERWAYS : above ground and underground
  • ¤ UNDERDRAIN SYSTEM Homeowners vs Board Dispute
  • ¤ CONCERNS & OPINIONS



  • —-2008 Articles of Incorp

    SILVER SPRINGS SINGLE FAMILY HOMEOWNERS ASSOCIATION

    2008 ARTICLES OF INCORPORATION

    The 2008 Articles of Incorporation were approved by the trustees for the purpose of removing the Silver Springs East Developer’s 1979 Articles and the 1982 Amendment which pre-dates the 1985 organization of the autonomous Silver Springs Single Family Homeowners Association.

    The 2008 SSSF Board made this update a priority.  Board Secretary Lucy Archer presented the update to the board on April 3, 2008 where they were approved by a majority of the trustees present and via proxies.  The board distributed copies for Owner perusal.  These separating Articles for an autonomous Association will then be presented at the Annual Homeowner Meeting on Columbus Day, Monday, October 13, 2008 via ballot for approval by the Homeowners.

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    July 08, 2008- Meeting Discussion regarding underdrains
    – UnderDrain System- Bill Noland stayed to answer Board questions regarding the underdrain system. Sue Pollard, Clay Archer, Lucy Archer, Lyn Cier remained until 9:30 p.m. to review Bill’s findings. Bill has learned much about French drains, drainage, water issues, location of pipes and caps, wells, and many other  like subjects. Sue stated that she was sorry that five or six homeowners in Silver Springs out of 188, were having seasonal high water issues, mostly in recent years, but she felt that did not justify tearing up fences, trees, landscaping, other private property to find the underdrains and repair them.

    The group agreed this could really get out of control and Silver Springs could become stigmatized.  Clay said that the system had been put in the ground in 1978 or 1979 and had been completely abandoned for thirty years. Though the system may still be healthy in some areas it may be mostly absorbed by nature in other areas. Bill said that the drainage routes, ground table levels, and run-off were evidently changing as construction at the Canyons and other areas changed and snowfall fluctuated. He is finding that plats of underground systems and ground truth location of these systems are not always in sync. We agreed that recorded documents and the lack of verbiage on the recorded plats place the responsibility on the individual owners for surface water and easement issues.

    We agreed that it would be better for five or six owners to buy sump pumps than to get into what might become a multi-million dollar tear up of the neighborhood.  For sure the damage to trees, property, subdivision reputation, would greatly exceed the expected benefits.

    There is also a 1982 recorded Agreement Between Ray Fry and Summit County. This agreement is binding on successors but there is a question whether our 1985  re-organized HOA is considered a successor of Ray Fry the Developer and Ray Fry the HOA President entering into an obligation for future Homeowners.  We agreed all succeeding and present recorded CCRs do not mention the underdrain system therefore making the 1982 agreement forfeit.

    Somewhere else [add here] there is a recorded section stating that all utilities and easements within a property owners lot are the sole responsibility of the individual homeowner. This would include the abandoned underdrain system.

    However, no other recorded documents mention the underdrain system or who is responsible for it. There is also a repeal by unanimous vote of the Home Owners on October  14, 1985.
    See Entry 244975 Book M370 Pages 267-275. “All Declarations relating to the Silver Springs Development Subdivisions were repealed.”  Which intends to remove the 1982 Developer agreement with Summit County from any liability from the Homeowners or their Association.

    Sue voiced her concern that if Bill has a personal interest in the underdrain system (water in his crawlspace and replaced two water heaters) and he is the one presenting the issue to the Board’s legal counsel, then that could be interpreted as a conflict of interest when Bill and counsel then advise the Board on defining the Board’s responsibility for the underdrain system. We all agreed that someone else on the Board needed to contact Lincoln to give him another Board member perspective.

    At the end of the meeting Board members left concerned that more damage could be done than was advisable and that the handful of property owners that were having seasonal high water needed to deal with it on an individual basis.

    ______________________________________________________________________________

    2008-10-13-SSSFHOA-Articles-of-Incorporation

    On the 13th day of October 2008, a quorum of the Association Members was in attendance at the regular 2008 Annual Homeowners’ Meeting of the Silver Springs Single Family Homeowners Association.  These 2008 Articles of Incorporation were noticed, considered, and approved via ballots by a large majority (81%) of the Members in good standing to vote.  2008 Articles of Incorporation link.

    These 2008 Articles of Incorporation are for the primary purpose of demonstrating and satisfying the separation and difference between the Silver Springs Developers Association Entity 726027-0140 and the Silver Springs Single Family Homeowners Association Entity 8926368-0151.

    S.S.D. Inc. partner and attorney Don Stringham emphasized the distinction between the two HOAs to the Single Family fledgling Homeowners Committee when he told them: ”Here are two completely separate associations, the existing Developers SSHOA, and  your HOA being organized for use by the Silver Springs Single Family Homeowners subdivision.”

    Article II:  DURATION OF CORPORATION:  The corporation shall have perpetual existence unless dissolved or terminated according to law, and according to the desires and requirements of the 51% majority vote of the Silver Springs Single Family Homeowners.

    *        *          *          *          *        *          *          *

    The October 13, 2008 HOA meeting was ambushed by Bill Gunter and Sue Pollard, the collected ballots included a large majority of the Homeowners voting for the adoption of these long overdue updated Articles.  More details on this meeting can be found on the  Minutes page at https://www.silverspringscommunity.com/our-community/silver-springs-sf/sssf-meeting-minutes/


    Amended Declaration to Covenants, Conditions and Restrictions for Silver Springs Development Subdivisions.dated October 31, 1985.  Recorded on January 16, 1986 as  Entry 244975 Book 370 Page 273:  “All Declarations relating to the Silver Springs Development Subdivisions were repealed.” By the majority vote of the SSSF Homeowners at the Annual Meeting and Election.


    Minutes referring to “the previous Homeowners Association”:

    ***https://www.silverspringscommunity.com/wp-content/uploads/1985-jun-11.pdf
    “Franchise taxes on the S.S. Association started by Fry and Hardman have not been paid for several years.  In such cases the Lt. Governor could have suspended that association.”
    Concern was voiced over the dealings and bonds, etc. that could be attached to the Fry-Hardman Silver Springs Homeowners Association.  Attorney Kathy Davis informed us that we would not be liable for any unratified issues (issues not voted and accepted by the Homeowners).  She will look into starting our new Silver Springs Homeowners Association rather than continuing the past one.”


    Minutes for September 4, 1985 Trustee’s Meeting:

    “We determined that we need Don [Stringham?] to file a retraction concerning the underdrain system, stating that we are not responsible if we have a problem….”


    ***https://www.silverspringscommunity.com/wp-content/uploads/1986-01-08-Trustee-mtg.pdf


    March 5, 2018 – After the SSSF board went into executive session dismissing Members in attendance. Rick Hovey accompanied the Archers up the stairs toward the building exit doors.  Nearly reaching the top, Hovey turned on Lucy Archer and commenced yelling, swearing, and generally trying to physically intimidate her.  This encounter was heard by the board members remaining downstairs. Hovey said a lot of horrible things.  The one that relates to the 2008 SSSF Articles of Incorporation is that Hovey accused Archer of “messing everything up” for him and Gunter and Noland.  He taunted Archer for not completing the recording of the 2008 Articles after they had been approved by 82% of the Homeowners.  After this upbraiding, Archer went to her files to read why she had not recorded this document with the State of Utah Commerce Department Division of Non-Profit Corporations.

    In a nutshell, Archer had worked from March to October 13, 2008, without help from the remaining SSSF board members to revive the dying HOA she had been recruited to save from oblivion.  The 2008 notes, Meeting Minutes, and Neighborhood Newsletters can be found in each of the topic web pages on this website.  Archer achieved an 82% participation for the October Annual Meeting.  At 7:00 pm, as the meeting was about to commence, Gunter (volunteer) and Pollard (her term ended that night) pulled her aside to tell her that they were going to take over this meeting.  They said the three of them were the only board representatives in attendance thereby the two outnumbered her.  They made a mess of the Agenda and made unsupported, to this day, allegations that served to anger the Silver Springs SF Members in the PPES gymnasium, that was full to capacity.  The seven newly elected trustees were in shock, most resigned.  During the next several months everything was in turmoil.  The now president Gunter, using attorney Lincoln Hobbs to assert his standing, began keeping his promise: “I don’t care about your Bylaws, Articles, or CCRs, they are just old pieces of paper, we are going to do things my way.”  He held unpublished meetings in his own home excluding the original elected trustees, including Archer.  The battles went on for months.  With Gunter having the attorney writing letters to the homeowners and “giving his opinion” in favor of those who had the purse strings (Gunter’s neighbor, SSSF bookkeeper Lyn Cier), the 2008 HOA was ambushed and began its decline into an oligarchy.

    March 2018: After Hovey goaded Archer to record the Articles, she took the 2008 document to the Commerce Department in SLC.  There she spoke to several staff members who guided her through the history of the Silver Springs Single Family documents and provided her with copies of many online filings, including the 2014 status change of the SSD, Inc. Developers SSHOA by Gunter and Hovey with PMA’s Kate Khaleel at the computer; also the January 27, 2014 status change of the SSSFHOA to a DBA of the Developers 1979-1982 SSHOA.  Archer also learned that the changes made in 2014 required the majority vote of the Homeowners as stipulated on the application form.  That vote never occurred, this was an unratified, unsanctioned filing.  Gunter had made the changes “his way” without authority, again disenfranchising the Homeowners, and Gunter and Hovey perjuring themselves.

    Archer evaluated her position in 2008 and in 2018, the Homeowners had voted by 82% to ratify the 2008 Articles, she currently was not a board member therefore she chose not to perjure herself like the others had done. Archer decided to wait to find a current board member to complete the State recording.  Still seeking to complete the 2008 Articles at an official level, Archer later went to Coalville to talk to the Summit County Recorder who looked over the document, conferred with other officials, and approved it to be recorded.


     

     
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