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April 30th, 2016. The annual meeting was held at the Wilkerson Student Center @ BYU. Our president Randy Hill opened the meeting with Trust...

Wednesday, August 19, 2009

Violations Can Expose Boards to Lawsuit - Powered by Google Docs

Violations Can Expose Boards to Lawsuit - Powered by Google Docs

This is an interesting article. It seems our board thinks it's OK to violate the by-laws and the Utah Code. I don't get it--what is so hard about following the rules you fought for in the first place?

So, what rules and law are being broken?

1. Duly noticed meetings. Only one board meeting has been noticed on the web site since March 27. Why? Do only the full-time residents deserve notice to meetings? Call the president Jim Taufer and ask him why--his number is on the original web site (which is still there and ready to use but apparently abandoned by someone without a board vote and in violation of our By law 3.7. Roy Walker did have the courtesy to answer an email that the meetings are the third Wednesday's at 6 at the senior center in Fairview--he let us know that noticing the members via the web is up in the air. Tom LeFevre did return a call to state the meeting was this Wednesday.) The tradegy is why members must dance jigs to get information that is rightfully theirs.

2. A collections resolution was signed by two board members--a resolution that should go before the members for a vote in order to comply with the new by-laws we just passed. No one can show us the minutes from a board meeting where this resolution was formally adopted.

3. Communications are sent to the members that have not been presented at a duly noticed board meeting and voted on.

4. Records that are required by law to be given to the members are being denied with no reason given-in fact no communication of any sort. Just denied.

5. The financial records that by LAW have to be sent out 15 days after requested are not being given the members. The board actually will have to pay for attorneys fees, the law mandates this, if a member decides to take it to court and a judge has to enforce compliance with the law--it will cost us all money to force the board to follow the law.

6. They allocated money in the budget for road maintenance and presented a map to the members of the work they intended to do. We voted for it. Now they are doing different work, nice but improvements--not maintenance and not what they said, and it hasn't been voted on in a board meeting. If it is not voted on in a broad meeting, it is not a board action. Since our board is supposed to be running the association, and they are not--who is running Hideaway? Its not the members and its not the board.

7. No one can give us the minutes with the motions and votes to run the association. Who is running the association?

Frankly, I don't think anything sinister is going on--I really don't. I just think it is a personality conflict(s) and that the trustees don't know how to put principles before personalities (some trustees)--Just do what's right according to our documents and not what you think is right when you get a whim about something. Follow the rules. It truly is easy and stop 99% of the contention. I promise.

What do you think? Aren't you happy we elected a board who just simply won't follow the rules? But wait...maybe its not the whole board. We don't know becasue we aren't being invited to the meetings, we can't get the minutes to the meetings, we can't the financial records...



  1. I had some communication with one who attended the Board meeting on August 19 and understand that little was accomplished. I will be interested in seeing the minutes of that meeting so I can make a judgment about the way our trustees are managing our association. My information is that there still has not been any kind of financial report since our current trustees have been in office and that the officers have expressed that each trustee has total control of the funds shown in the approved budget for each area that trustee has responsibility for. I have no formal information regarding the current responsibilities of each trustee so I do not know who is making decisions on each item in the budget.

    We do not have any reports about the revenue coming in and whether this revenue is sufficient to cover the expenses. There is no evidence that the individual decisions of trustees are being coordinated by the board.

    We are in need of better communication between the board and the members providing the funding. Without it the funding may very well diminish until those paying the price have some voice in how the funds are to be used.

  2. It is so frustrating to read all these postings!!! The meetings are posted on the Bulletin. It was said at one of the meetings, that the new website was being worked on. It's called having "patience". Why does everyone have to sit here and bicker about every little thing the board does. Quit choosing sides! We need to support all of our members and respect everyone's opinions. EVERYONE is different. We may not agree with what people say or do, but that is life. Do you sit there at your job and bicker and fight what your boss has to say with what jobs need to get done, where the money is going to go into equipment, etc?...I don't think so! We are so lucky where we live and where we have our get aways. Our budget is not that much. You think it's expensive? Go live in the city or go find a new getaway. Trust me, all my friends/family I talk to, they spend almost $100 a month just on their property! Our budget is paying for road maintenance, garbage pick up, etc. It is so simple!! Quit bickering about it and just do it!You should of realized that you had to pay a fee when you bought your property! Also those that think people that live lower should pay less..I don't think so. I live in a lower lot and I don't think it would be fair to pay less than those that live higher. It should all be the same. We all need our roads plowed, maintained, etc. I read a posting about it's so expensive for them to tie into the power and " Johnny has this power and has this water blah blah blah" We all have to drill for our own well, we all have to tie in and pay for our power. It's all equal! For those of you that get information through your so called " conerned members of hideaway", maybe you should get your facts straight about what is really being said in the meetings, come to a meeting! It's a slow working process of getting the minutes to people. Hello, the board is still trying to get things organized. They would probably be able to get things done a lot quicker if everyone would back off. Yes we have a right to vote, but have some patience and let things work out and get in order before we jump on it and start voicing our opinions. Our members are doing the best they can. They all have different personalities and opinions which is good, because they can help voice for all of us. Some are learning how to run an association, give them a break, they are not professionals! I know I sure as heck couldn't do it. We all need to work as a team that way we can make hideaway the place we want it to be. And that way we can come and relax at home or your getaway place. This is getting out of hand. Lets all act our age instead of acting like we are still in Junior High.

  3. You wrote: "Quit choosing sides! We need to support all of our members and respect everyone's opinions. EVERYONE is different. We may not agree with what people say or do, but that is life." this is so true, but how can you say the board respects everyone's opinion? they don't respect the opinion of two board members (and thus a lot of owners who voted for them) and you know it-and several trustees sign documents and do business outside of duly noticed meetings. Its not bickering, its called respect for the law and each other.

    You also wrote, "Do you sit there at your job and bicker and fight what your boss has to say with what jobs need to get done, where the money is going to go into equipment, etc?" This is not a job, the president is not our boss, and we don't work for the board. the trustees work for us! This is a business--corporation, actually--and there are rules. We are all owners of this business and when we ask our trustees to run OUR business according to the rules, that is not bickering--that is a reasonable and lawful expectation.

    The so-called "bickering" will stop once our trustees, the ones who work for us, begin following our governing documents as written and not as they feel they want to at their whim.

    I, agree with you so much about the "bickering" and would like to see us all get along, and I hope we all work for that. But it will only come if we respect each other--that won't happen when a few run Hideaway like their personal business--it is the business of us all.

  4. I agree with coming to meetings. It is important that we are informed (by reading our governing documents and attending meetings), and that we participate (by voting and volunteering in our community). I also feel each individual should feel free to voice their opinion without fear of reprisal.

    I do not think name calling or back biting is free expression of thought. It is just hurtful. We should guard ourselves from weak minded expressions.

    But I do not feel it is wrong to question the laws that govern us. I believe the "Board" is voted as servants to the membership. The stewardship is subject to following proper procedure and it is our responsibility to make sure they are doing so. The governing documents are clear enough. The Board should follow them.

    If the Board makes mistakes, they should be willing to correct them without justification. We the membership should be willing to accept those correction from the Board graciously. Humans make mistakes. After all we are neighbors. Only in cases of blatant criminal intent should we resort to the 'Due Process of Law'.

    It is the strong minded individuals who will listen and mentally process the opinions of others. We should all (Board as well as Membership)exersize talerance with one another.

    I believe in following laws and in being educated and involved in the process of making them. I hope and pray we never lose this precious right.

    May the God of Heaven reign peace and reason upon our community, our State, and our Nation is my prayer.


Any one is allowed to make comments. You can use your real name and lot or an assumed name. Please be respectful of everyone, especially our trustees who donate a lot of work for us. Even if you believe they are not acting in our best interests or following our documents, stick to the facts--no name calling or innuendos and unfounded accusations. We want to set a good example for our trustees.