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  • ¤ UNDERDRAIN SYSTEM Homeowners vs Board Dispute
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  • –Unsanctioned 6 times


    Underdrains Unsanctioned Unratified by Homeowners- 1985, 1994, 2008, 2014, 2018, 2019 voted to Ignore the liability laden system
    2017 Information on Draft CCRs Dispute:

    FAQs regarding the underdrain tubes

    LINK FOR THE  2017 – December Updated 2 page underdrain flyer

    SILVER SPRINGS SINGLE FAMILY HOMEOWNERS
    January 22, 2017:  BOT (Board of Trustees) sent an email to the Homeowners to announce their attorneys at Morris & Sperry had completed the DRAFT of the SSSF (Silver Springs Single Family) HOA Bylaws & CCRs, Homeowners need to carefully read their work with a few guidelines in mind before approving their 48 page CCR DRAFT and 15 page DRAFT Bylaws. Since no links and no hardcopies were provided to the Homeowners by the Board we are providing links here :

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

    FACTS TO REMEMBER:

    1) The HOA is the HOME OWNERS ASSOCIATION, not the Board of Trustee’s (BOT) Association, not the attorneys association.

    2) The Board Trustees are elected to represent the wishes, votes and needs of ALL the Home Owners.

    3) The Home Owners have voted four times, in 1985, 1994, 2008, 2014, to “Ignore the Underdrains.” The BOT has a responsibility and fiduciary duty to fully inform the Home Owners, without censorship, of all the facts regarding a neighborhood issue, and to follow the wishes and votes of the Home Owners. The BOT website overlooks volumes of relevant information necessary to make enduring, sound decisions and to alleviate potential liabilities to the Land and Home Owners.  Link to November 11, 2014 underdrain map, find your property.  Count 50% of lots with underdrains, 50% without.

    4) The underdrains have never been included in the SSSFHOA charter documents for a great many very valid reasons posted at https://www.silverspringscommunity.com/utilities/water/underdrain-system/.

    5) The Board Trustees do not have the right or authority to impose the 1979-1984 Developers HOA documents, liabilities or agreements with Summit County onto the Single Family Home Owners. The County has stated the decision to include the underdrains in our documents and budgets is to be made by a majority of the HOME OWNERS, not by the few who have high water table issues.

    On October 14, 1985 at the organization of the SSSFHOA and to the Declaration of CCRs, voted and recorded “Page 273: “All Declarations relating to the Silver Springs Development Subdivision were repealed” (that is the Developer’s HOA) at this meeting and approved by the majority of the association members. ” All references and responsibilities by the SSSFHOA for the underdrain system were hereby repealed.  The 1978 underdrain system was abandoned since 1982 and now again in 1985 by a majority vote of the Home Owner’s Association.

    6) The BOT does not have the right or authority to connect or record the 1979-1984 Developer’s HOA as a DBA of the SSSFHOA, a furtive course taken by Bill Gunter and Rick Hovey on January 27, 2014 without disclosure to the Homeowners.  The Developer’s HOA was originated in 1979 and then went into bankruptcy around 1986. See facts at: https://www.silverspringscommunity.com/master-association/silver-springs-east-1979-1989/ The SSSFHOA was organized in 1985 by the Single Family Home OWNERS, these CCRs continue to the present without reference to the developers 1979 underdrains. Home Owners, not the HOA BOT, are responsible for their own private property.

    7) The Board Trustees have been told by the Summit County Legal department that “In discussing this (the underdrains) with Derrick Radke [Public Planning Director], the ownership and maintenance of the underdrains is a private matter between the land owners within the various subdivisions and the owner’s [Master] association.” [Sept. 4 to 11, 2014]. Summit County does not hold a mandate to make the SSSFHOA responsible for the Developers HOA agreements with Summit County. The Home OWNERS are to have the final say regarding what is and is not included in our CCRs, not the BOT, not the conflicting opinions of the attorneys who have worked for the BOT over the years.

    8) There is no mandate from Summit County for the SSSFHOA to assume the repair/maintenance and or assume the liability or responsibility for the underdrains. Therefore, there is no reason for the BOT to include the Developer’s 1979 to 1982 agreements into the SSSFHOA 2017 new document(s) since the Home Owners have voted three times to “Ignore the underdrains” mentioned in the 1982 Agreement between developer Ray Fry [representative of the developer’s HOA] and the Summit County Commissioners. The BOT has no authority to create a separate assessment or take from the annual budget of the Home OWNERS annual fees, to pay for underdrain repair or maintenance without the 66 2/3% majority vote of the Home OWNERS.

    9) What is the Trustees” motive for pressing this issue after the Home Owners have been quite clear that they do not want to accept the 36 year old, defunct underdrains as their liability or responsibility?!? It began years ago as crony favoritism and as a coverup by Gunter, Noland and others for spending HOA resources to help friends install sump pumps and to perform other underdrain work on private property without informing the Home Owners or receiving the Home Owners voted consent.

    10) Gunter and Pollard ambushed the majority-attended October 2008 HOA Annual Meeting after saying, “We don’t intend to follow the charter documents of the HOA, they are just old pieces of paper, we are going to do things our way.” They kept their promise until they both moved out of our subdivision leaving a legacy of poor behavior, election fraud, misappropriation of funds, and other furtive misdeeds.

    To prevent this from occurring again the new Bylaws and CCRs need to give recourse to the SSSF Homeowners, to include a course of action available to the Homeowners in the event that Board Of Trustee (BOT) officers again misuse their authority as has been the case in December 2008, in 2010, in 2013, 2014, 2017 from the SSSFHOA and the SSMA.<missing text…> quiry and transparency, as an ordinarily prudent person would under similar circumstances. Ethical board members faced with a dilemma must ask themselves: -Is it legal? Is it balanced? Is it moral?

    When the Board Members fall out of grace the property owners have the power to remove BOT members, to order audits, and to have access to all budgets, minutes, etc. The charter documents must include rules in the Bylaws and CCRs that provide recourse for exposing the Board Members collusion, fraud, and conflicts of interest.  SSSFHOA Bylaws Entry 244976. Article IV. Trustees. Section 3. Removal. by a majority vote of the Members (Homeowners).

    This Bylaw includes power to the Property Owners to collect Property Owner signatures granting the protesting group of Property Owners the right to hire an attorney, for said attorney to be paid by the HOA funds to advise, investigate and work with the protesting Home Owners group. (See State HOA statute).

    Politicians use the same strategy over and over again — and it works: Push through a bill or policy that is outrageous, even if the majority of the population is against it and even if it has to be done by subverting the Constitution, then fall back on the same old, tired mantra, “It’s way too late now to undo it.”

    What will the re-write of the SSSF Home Owners CCRs include that ultimately helps a very few while placing the majority in jeopardy and liable for costly outcomes?  The Morris Sperry DRAFT of the SSSFHOA Article 4 subsection 4.2(b) will place the liability and cost of repair of the 1979 underdrains on individual Home Owners.  These costs can be enormous.  If you fail to pay Morris & Sperry have prepared the CCRs to give them the right to place a lien on your property.   Be Informed to Discuss these dangerous, binding documents.  Vote NO!

    LINK TO CCRs 2017 DRAFT Silver Springs Single Family 48 page DRAFT for Re-Write of CCRs on January 23, 2017:

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

    March 2, 2017 Unfinished and Inconclusive Draft Revisions at Homeowner Meeting with Morris Sperry attorney– Silver Springs CCRS Declarations Draft Reviewed by Members 03-02-2017


    2017, August 15 – Letter from Complex Solutions, LTD.  Written by Dale Gifford, Reserve Specialist, Utah Regional Manager:

    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 reported the 1979 “underdrains do not have a predictable remaining useful life.”  This coincides with the Homeowners position that our Neighborhood has no appreciable use for them.


    LINK TO CCRs 2017 DRAFT Silver Springs Single Family 48 page DRAFT for Re-Write of CCRs on January 23, 2017:

    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 CCRS Declarations Draft Reviewed by Members 03-2017

     
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