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  • ¤ UNDERDRAIN SYSTEM Homeowners vs Board Dispute
  • ¤ CONCERNS & OPINIONS



  • —-2014 Articles DBA Filing


    The 1979 Developer’s Silver Springs Homeowners Association, Entity 726027-0140, aka S.S.D. Inc. aka SSHA, aka SSHOA, was suspended and later the Developer filed bankruptcy and left the area.  The SSD, Inc. Association had been suspended on and off for a decade, it was then terminated on the Department of Corporation’s website.   Years later board members of the Silver Springs Single Family Association re-activated the Developer’s SSHA  claiming they owned this non-profit corporation.

    On January 27, 2014 these same board members changed the SSHA Corporation status to D.B.A. (Doing Business As) the autonomous Silver Springs Single Family Homeowners’ Association Entity 8926368-0151.   Bill Gunter and Rick Hovey, along with Kate Khaleel of PMA filed online this status change for the Silver Springs Single Family Homeowners Association converting it from the 2008 declared and autonomous Association established by the 2008 Articles of Incorporation established by the majority vote of the Homeowners, to secretively becoming a DBA without our Homeowners being notified or provided an explanation, discussion, and without fulfilling the Corporate and HOA provisions for members to vote on the matter.

    This DBA conversion has serious legal and financial implications for our SSSF Homeowners.

    “The status change for a non-profit corporation in the State of Utah is to be adopted by the Members AND the number of votes cast for this change by the Members entitled to vote must be sufficient for approval to alter the status of the corporation.”


     


    2014-01-27-SSSFHOA-dba-developers-SSHOA

    The pseudonym “DBA” stands for “doing business as”.  DBA signifies that a corporation, individual or company is doing business under a fictitious name. The board trustees use of the 1979 Developers’ forsaken corporation was made possible by reinstating that corporation (possibly through payment of its delinquent annual registration fees) and by claiming ownership of that corporation. This is what makes “Silver Springs Homeowners Association” a fictitious name, used to harness our Silver Springs Single Family Homeowners’ Association, as its shill DBA.

    State laws purportedly govern the creation and use of DBA fictitious name filings for the protection of consumers conducting business with the entity.  The State, however, allows anyone who is willing to perjure themselves to file a DBA as long as the corporation or DBA name is not already in use.  There are very few rules, oversight, or investigation of claims for this filing. That is how the 1979 Developers’ forsaken SSHOA is allowed to do business as our SSSFHOA.

    The unmissable belief is that the trustees have reinstated the Developer’s HOA to make use of that name to create a connection, or chain of events, between its 1978 to 1984 lapsed charter documents, and its agreements with Summit County, etc. that contain underdrain language, to our SSSFHOA. This connection, some trustees assume, will pass the Developer’s responsibility and liability for the maintenance of the aging 1979-1982 underdrains to the unwilling SSSF Homeowners.  This is a very slippery slope. Why are those few men so intent on ruining our neighborhood?  To what purpose??  See the Facebook page.

    The witnessed surreptitious underpinnings for striving to connect the two HOAs appears to be a way to justify the furtive activities and expenditures on a system NOT owned by the Association, expenditures concealed in unapproved Annual budgets.  The underdrain protagonist and heeled-in board trustees have ignored their fiduciary duty while also disenfranchising the votes of the majority of the Homeowners in 1985, 1994, 2008, and 2014.  There is NO mandate from Summit County or other entity for the Homeowners to roll over to allow the Board to accept this fallacious liability.

    The Association elections are orchestrated to winnow out members who will follow the board’s underdrain agenda or who are easily swayed to the dominant trustees’ point of view. Fraud has been used to alter election results.  New, elected trustees complete their two-year term then leave the board.  However, volunteers on committees dig-in to remain entrenched for many years.  There is one volunteer who since 2006 has been chair of the underdrains committee and has had privileged, exclusive access to 6 or 7 attorneys who advise him, and a select others, on how to maneuver their underdrains agenda without informing the Homeowners or seeking their votes, and with very little compelling information output.  No cost analysis, no study on alternative methods, no disclosure of how individual properties will be damaged and the costs assessed to the individual lot owner.  One question persists: how they can assume ownership of the underdrain tubes that lie beneath half of our private properties?  Read the board’s attempts in the Draft CCRs.  Find the draft CCRs using the links at the bottom of this page.


     


    2015  –   The chair of the underdrains committee, Bill Noland, is also the chair of the CCRs Re-Write Committee.  Noland is a volunteer, not an elected trustee, placed at the helm of both of these committees at the whim of those controlling the Board, there are no constraints on his activities to make the Homeowners liable and responsible for underdrains.  There have been other Homeowners who have requested to assist on these committees.  These individuals represent Homeowners’ concerns and are disposed to producing a cost analysis, study of alternate methods, and open transparent representation for the entire neighborhood. This is not how the board chooses to operate and control our neighborhood.

    To achieve their objectives the underdrains committee chair provides private annual 3 hour indoctrination meetings in November for the newly elected trustees.  He gets them in his pocket before they realize how they have been duped and railroaded. Only his agenda is permitted.  The new trustees are also instructed to not answer emails or calls from the Homeowners.  The restrictive “Ticket” software must be used by the Owners. Once received the Tickets are are then “closed” and ignored by the manager and the board officers.

    Noland has been given full access and use of the law firm Morris & Sperry, hired to re-write the SSSFHOA CCRs.  It is no surprise that our charter documents, that never mention the 1979 underdrain tubes, are being replaced by the Re-Write CCRs that make the underdrains the focus of a large part of the draft CCRs including large assessments, rules controlling private property for underdrains access, and property rights infringement for the repair, maintenance, replacement, and extension of the underdrain tubes.

    The management company, Model HOA, has been instructed to list the current trustees as co-owners of the 1979 original Developers’ non-profit corporation.  This ploy makes the successive trustees co-conspirators, whether they realize this or not is unknown.  Again, communication via the stringent use of Board “Tickets” disallows the new trustees from replying or otherwise communicating directly with Homeowners.  The board meetings, held in two month intervals are stringently controlled from Homeowner participation.  You can go listen and observe.  We encourage you to do this.

    In this case, CCRs Recitals (repetition of former writings, or of something which was formerly done) at the beginning of the  draft CCRs  ReWrite attempts to connect the Silver Springs East charter documents  belonging to the 1979 Developer’s Silver Springs Homeowners Association, Entity 726027-0140, aka S.S.D. Inc. aka SSHA, aka SSHOA to our Silver Springs Single Family Homeowners’ Association Entity 8926368-0151.  This is where the furtive action of filing a DBA is exposed within the CCRs Rewrite.  Other attorneys we have consulted told us the inclusion of Recitals are no longer a cogent practice in new documents.  The digital age makes old documents readily accessible.  Much new HOA legislation makes the old documents irrelevant, or as is the case in our SSSFHOA, there is a hidden motive for the inclusion of passé documentation.



    https://www.silverspringscommunity.com/Silver-Springs-Declarations-Draft-for-Review-by-Members-Jan-2017.pdf

    January 23, 2017 –  Morris Sperry – Silver Springs Declarations Draft for Review by Members Jan-2017

    February 5, 2017 – Morris Sperry – Exhibit B – SSSFHOA-Bylaws-DRAFT-Members-ver-01-12-2017

    March 2, 2017 –  Morris Sperry – Silver Springs Draft CCRS Declarations w/some changes from SSSF Members

    Since the March 2, 2017 Homeowner meeting with the Morris & Sperry law firm, the firm has not returned phone calls to the committee chair nor the Trustees, another law firm has been hired by the committee chair and the trustees to continue on this specious project to dupe the Homeowners.


     


    SILVER SPRINGS COMMUNITY FACEBOOK – Community Messenger Post:

    Today we ran into a couple who lived in Silver Springs for quite a while. They both have retired from the PCSD and now live in SLC.
    They wish us the best of luck getting our neighborhood back. They are so glad they don’t live here in SSSF? any longer or live in fear of what damage the draft CCRs will create.
    We live in a wonderful place, at the foot of magnificent mountains. We have a plaque on our wall: “If you’re lucky enough to live in the mountains you’re lucky enough!” Living in the mountains includes benefiting from their watershed activity. Let’s keep and use our precious groundwater wisely. Close off and ignore the 1979 temporary underdrains. Our subdivision is the only one in the Park City/ Snyderville basin that has these tubes beneath some of our SSSF lots, or an underdrain committee bent on assessing huge fees to “gold plate” them.


     


    SILVER SPRINGS COMMUNITY FACEBOOK – Community Messenger Post: March 14 at 10:49am ·

    A resident of Park Meadows called me this morning to share information about his neighborhood ground water situation. He told me that Park Meadows has always had consistent and continual water in their crawl spaces and in their basements. The golf course ponds are truly retention ponds. There are no underdrains. When you have the privilege of living in the mountains you have to adjust to the geology without imposing on your neighbors.  Homeowners who have high water problems take responsibility for their own property water containment.  These few owners usually have sump pumps drawing water out of their basements/crawlspaces out through tubes/conduits, that draw the water out to the curbs along the street.  These curbs then send the water to the nearest storm drain grate, away from the homes. He told me if you drive around Park Meadows you will see white PVC, or black polystyrene tubes indicating they are being engaged for removal of any type of water accumulation.
    He has heard about the dispute between the SSSF Homeowners and a couple entrenched volunteers on our board. He can’t understand why the Homeowners majority is being left out of the equation, he asked where is fiduciary duty and transparency in our HOA? We really appreciate his comments, though he is “singing to the choir”, it is very helpful to learn about our neighbors water situation closer to the mountains.


     


     
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