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Recap of 2016 HVPOA Annual Meeting

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

Tuesday, August 28, 2012

Learning to love my HOA

Here's a funny article on learning to love the HOA. Here at the Member to Member sight we do a lot of critical analysis and education (some call complaining and indoctrination)--and its good to get a bit of a laugh in and look at the good side of HOA (POA) governance. Here is a cute article--you may want to read the whole thing--click through, its brief and funny:

Learning to love my HOA: "I have mixed emotions about neighborhood homeowners associations, or HOAs. I don't really want anybody telling me what I can and can't do with my own property. On the other hand, I definitely want someone telling my neighbors what they can and can't do.

In the past, I've been critical of my own HOA. For two years, I battled the president and his henchmen - I mean, the board - over a portable basketball goal, which they said was prohibited by the covenants. I maintained it wasn't. The stalemate was broken when the board resigned and the president was exiled to the isle of Elba, off the coast of Italy.

Excuse me, wrong megalomaniac. Actually, I think he still lives in the neighborhood, keeping a low profile. As a postscript to that story, many of my neighbors now have portable basketball goals, just because they can."

'via Blog this'

Sunday, August 12, 2012

HOA board member's bad behavior catches up with him - www.ktnv.com

This is an interesting case about HOAs and how a board member was clinging to the board without having proper elections (like some we know)..besides the power grab and unreasonableness--the members found a unique way to go after him and the board breaking so many laws--they went through the real estate division!!!!

Read their story, its worth it and does resemble us a little bit.

HOA board member's bad behavior catches up with him - www.ktnv.com: "The state found plenty of reason in the homeowners' complaints. They recently sent a letter to Bitsky, his wife and their friend -- who make up the entire three-person Autumn Chase board.
The letter says the Real Estate Division has "obtained sufficient evidence to commence a disciplinary action... and intends to file a complaint for hearing before the Commission for Common Interest Communities."
In the letter, the Autumn Chase board is accused of violating more than 16 state laws, including failing to audit HOA funds; failing to hold proper elections; and conducting financial transactions not in the association's interest and for their own personal gain such as using association money to install security cameras on their home."

'via Blog this'

Wednesday, July 18, 2012

A Board can be as petty as it's most petty member

Rueben from Cambridge gave us this about Borads:
"The board is only as good and responsible and reasonable as the individuals who serve on it. What's more, and this is very important to understand, HOA boards can be as petty as their most petty individual board member." Reuben Moore

     Below this post, we have some moore from Reuben--we think he should move to Hideaway! OK--time to talk about honor and duty and ask why Roy won't just do the right thing and run again--as promised at the April meeting by the president?
     Recently a member sent in a cartoon and we at the Member to Member site passed it along--it showed a man declaring that his term for trustee was up, BUT he didn't want to bother to run again. So the cartoon guy was just going to pretend there was a mistake on the ballot and simply stay in office. That would be like Roy Walker.
     Then a trustee sent in an email saying the cartoon was rude and asked members to let bygones by bygones and try to get along. So the administrators of the member to member site took it under advisement and did not send out the 5 other humorous cartoons in our possession.
     But this is a two way street. More importantly we want the board to just follow the rules. What is rude is for a grown man to not honor a ballot he, himself wrote and ran on. The ballot said, "You are voting to elect these trustees until April of 2012,." Roy's term was up 3 months ago. He doesn't want to run like a big boy for another term. "the ballot was a misprint" he whined. Gary Jorden, the then president promised the members at the April Member's meeting that they would correct the situation. Gary Jorden was right--but he resigned before the problem was corrected. Why?
     If you don't care about our bylaws, do nothing. If you want our trustees to follow our governing documents--the ones we voted on, then show up and let your voice be heard--the unfortunate thing is members have been showing up to a lot of the meetings complaining about this--but Roy just keeps on doing what he wants--NOT following the documents and ignoring valid points about the law and ballot.
     So show up. If Roy chooses not to resign--as dictated by the legal ballot he himself wrote, then the member to member site will begin the process of vetting Roy-something that hasn't been done yet.
     Do the right thing or we'll be doing the FACTS BACK. -Randy may not know who sent out that despicable email in his name, but many of us do.

So here is Moore from Reuben about how petty tyrants get on boards:
So how does a good idea go bad? Well, I think we have to look at the people inevitably drawn to the leadership of any given HOA. Whether they win an HOA election or not, the petty tyrants always want to run the association. They are the first to line up as candidates, and they are too often unchallenged in the elections. So, if not enough members stop them, they end up running the show.

And here's another fact: Most HOA members, like myself, are too busy attending to their own lives, families, and careers to worry about their neighborhood association. It's just one of those things we often choose not to worry about. Most of us do not participate at all and that includes participating in the board elections. Again, the petty tyrants know this and take advantage of this. Therefore many HOA boards, like ours, are largely unelected and unaccountable. Beware unaccountable petty tyrants run amuck!

Monday, July 9, 2012

Cheating in HOA Elections

Yes, we did have a "cheat" in the last election at Hideaway--he ran to fill an office until April and just decided to stay on the board without running again as the ballot stated. That's cheating--you don't take away the right for people to bleive in their ballot--your don't appoint yourself to fill a different position from that voted on.

Read here what an attoreny says about cheating by clicking on the link.

         Cheating in HOA Elections

     Residents of a community who believe an election was conducted improperly can challenge the results of that election. The matter can wind up in court, costing everyone a great deal of money, time, and energy. In the process, neighbor can be pitted against neighbor and hard feelings can unwittingly be engendered—sometimes over what is fundamentally just a misunderstanding of how to conduct a proper community election.

     Nobody wants to wind up being viewed as a possible cheat by his neighbor just because his HOA's election rules weren’t specific enough, or because board members themselves weren’t aware of how to run the process correctly. That’s why it is essential to understand the proper election procedures, and run things in accordance with them. A properly run election helps to avoid even the appearance of impropriety and reduces the risk of expensive legal challenges

Saturday, June 30, 2012

4th of July celebrations spotlight county : Sanpete County, Utah News

4th of July celebrations spotlight county : Sanpete County, Utah News: "Hideaway Valley

The little hamlet of Hideaway Valley, tucked off the main highway, will celebrate the Fourth of July will festivities at the Biery Hobby Farm, from 8 a.m. to 2 p.m.

There will be a free pancake breakfast for early birds and helpers at 8 a.m., followed by a Boy Scout of America flag presentation and pledge of allegiance at 8:30 a.m.

At 8:45 a.m., there will be Independence Day youth speakers, with "Big Bang" activities at 9 a.m., including a free children's carnival, featuring beanbag toss, pound-a-nail, fishing, face painting and more.

Other events include youth motocross for all competitive youth, professional climbing wall, shooting gallery, barn sale and silent auction, farmer's market, bake sale, and food booth. A door prize raffle will be held at 1 p.m."

'via Blog this'

Thursday, June 28, 2012

One dead in Wood Hollow Fire; Fairview evacuated | ksl.com

We'll keep you posted as we learn more. here's the latest from KSL...
One dead in Wood Hollow Fire; Fairview evacuated | ksl.com: ""We built everything here from the ground up, my husband and I. And so it is devastating, the thought the other people have been doing exactly the same thing and lost everything," she said. "To work so hard, to have it gone so fast … we've spent a lot of time crying. It's sad." Kathy Higgins

'via Blog this'

Tuesday, May 15, 2012

Don’t question your HOA or you might get arrested

Here are some members who noticed some irregularities about their HOA budget--they tried to tell the board, but teh board did not listen. so they turned them in and got arrested!!! BUT, just as we have been saying--the IRS exonerated the members and the HOA was penalized for excess funds--budgets are budgets and need to be honored--if you don't understand how to do a budget--stop pretending! Our budget and assessments were not figured out properly and we want it addressed BEFORE the IRS looks at it or another member sues because you are double collecting. (taking both last years dues an this years for the same budget is double collecting!

read about this other HOA that had excess funds:

Frank and Stebbins accused two board members of “forgery” — essentially knowingly signing a false statement — which was probably also imprudent. According to a police affidavit, Frank told the investigator a “flagrantly false” board resolution related to the surplus was “used to deceive the community membership and government agencies concerning the improper disposition of millions of dollars of overcharged/surplus homeowner assessments.”
After an investigation, Henderson Police exonerated the board members and then arrested … Frank and Stebbins.
Yes, they were arrested in 2010 for filing a “false report of a crime.”
Henderson Police determined the board members didn’t knowingly sign false documents and so couldn’t be accused of forgery. Moreover, police said Frank and Stebbins had to have known their allegation was false and so should be prosecuted for filing a false police report.
Meanwhile, an IRS audit vindicated the claim of Frank and Stebbins that Sun City Anthem owes the U.S. Treasury more than $1 million for not returning it to the homeowners.

Monday, May 7, 2012

Discussion: Reining in Bullies on Your HOA Board

Not that we have ever had a bullies on our board, but it is helpful to read about others who have board members that call meetings and don't post it for members--who hold executive and "emergency" meetings when not allowed--who don't keep minutes, and call the attorney whenever they want something addressed without board approval! Who would that be?

Speaking of which, Roy's term was up in April, so how come he is still on the board? Are ballots not legal documents in Hideaway? If Roy wants to be on the board, he needs to run in the July election. and why wasn't Tom, who ran and got a lot of votes, not appointed to the board as decorum and common sense would dictate? Do we have a bully on the board after all? read below how other associations deal with their bullies.

Discussion Forum Follow-Up: Reining in Bullies on Your HOA Board: "The problem is all too real. A reader on the HOAleader.com discussion board asks: "I am on the board of directors of our HOA, but the president is just running wild and not following any of the bylaws or CC&Rs and is holding private meetings with the board members she likes and ignores the rest of us. This is an older group of people, so they don't want to be bothered with meetings or anything upsetting, so she is getting away with all of it. How can she be stopped? She holds executive meetings and never does any minutes. We're about six months behind on board minutes, and she's spending money without any authorization. What can we do to stop this? Can it be reported to the state?""

'via Blog this'

Friday, May 4, 2012

Association Fun. Sure that's possible.

This is fun--sometimes I think we should look at the funny side of things--here is a dog being trained to clean up its own doo doo--a be nice to your neighbors or they may moon you--and several other really funny looks at Association living. give yourself a laugh. click here.

Association Fun. Sure that's possible.:

'via Blog this'

Sunday, April 15, 2012

Rigged elections, fruad, and abuse of HOA members in Vegas

There is a huge sake up and fraud in Nevada's HOAs. Many players have been indicted from lawyers to managers to contractors and board members. 4 people involved have mysteriously died. This drama contains lessons for us all--below is a synopsis and you can click through and read more about it. Why should you care? If you don't stay involved it can happen here. Remember, as simple as ballots are to get right (the guidelines by the state are clear) once again we have a board who couldn't put out a legally correct ballot!
Not that they are "rigging" anything. We don't believe that. But if members allow a board, any board, to play loose with the law, the day comes when some board members do take advantage. THAT is the lesson. Can anyone guess what was not legal about the ballot you received? Please put your answers in the comments and in a few days, if no gets the answer right--we'll let you know. Hint: it's clearly posted in corporation law how to prepare a ballot.

Read and stay involved!
A class-action lawsuit has been filed in District Court against key players in the scheme to take over Las Vegas Valley homeowners associations
Prosecutors have alleged that the scheme involved stacking homeowners association boards with friendly members who would hand out legal work and construction defect contracts at the expense of the associations and their homeowners.

The co-conspirators would find “straw purchasers” to buy condominiums at various developments and get them to run for seats on the boards. The straw buyers would be elected through classic dirty campaign tactics that included forging ballots and digging up dirt on candidates not supported by the co-conspirators.

The lawsuit alleges that the defendants “conspired to enrich themselves by fraudulently slandering various class members to win HOA board elections and then further conspiring to vote in favor of litigating various construction defect lawsuits. Read about it here...

the HOA X--a film in the making

"The HOAX" is an independent examination of the abuse of power and lack of regulation in the homeowners' association (HOA) industry; a business whose key selling point is the protection of property values.
The film follows an investigative reporter, homeowners, and HOA reform activists as they illustrate shocking evidence of financial and psychological hardships throughout Texas and Nevada. A few people got really really tired of the insanity and they are making a film! You will relate. to read more about it go to their site. Click here.

Thursday, February 9, 2012

Why we allow members to post anonymously.

Hello Friends, Family, and neighbors,

I'm Rachel LeFevre, one of the administrators of our community website, blog, and notifications and this won't be anonymous. This site allows members to post anonymously for an important reason. Its called protection. Why do we need portection? Well, think about it--this site has been inactive (most members were pretty content with low dues and good roads) for about 10 months now. Then with the very first objection to an action of the board--the collections resolution--the board called an emergency meeting! Why, was there a fire, heart attack, shots fired? No, a letter was sent by a concerned member trying to inform members of both sides of the resolution so they could make an informed vote. Concerned members contacted the board on a point of order as to voting without a complete information about the resolution. Whether you agree or not, what is the problem with open discussion?

Members are cautious about identifying themsleves becasue of boards that act rashly whenever members have differeing opinons. So it makes sense that if we want members to feel free to express their opinions without reprecussions, we allow them to withhold their name.

We've posted on the blog about collectins resolutions and a number of member comments--why don't you read what other members have to say (both sides-click here) and feel free to come to the meetings. Next one is Feb 25th in Mt Pleasent at 10am.

As in the past, all opinons are welcome, we only edit out mean and attacking comments--but all opnions are welcome. So please share with the new and old members.  

Concerned   Rachel  LeFevre

push HOA boards for harsh collections practices

There are a lot of concerns going around about Hideaway and those who haven't paid their dues. Collection practices can be touchy and so eaisly abused.. Some members just think if pay your dues, you don't have to worry about harsh collection practices--others say what happened if your spouse is killed and you are left scrambling to pay bills? What happens if you become disabled and and have huge hospital bills? What happens if dues goes up and up but your income is fixed???? We are a community and both sides need to be looked at. Read this blog from another HOA where members freely discuss both sides and don't put each other down--its refreshing. Then read below where we have added the comments by our members to the Member to Member site over the recent vote on the collections resolution.
The Privatopia Papers: The Next Foreclosure Fight: "I agree that Bill is making a good point about not only the existence of these extra charges, but the fact that they create an incentive for the professionals to push HOA boards for harsh collections practices. Then, of course, these professionals get involved in the policy process and argue that these practices are quite virtuous.
I think association collection practices need much more government oversight. The lien should cover the assessments only, not the attorney fees and late fees going to the management company, and other such byproducts of the collections industry. The owner should be able to save the home by paying the overdue assessments. Let the professionals pursue a money judgment for whatever they think they are owed and let that be limited by public policy."
Below are the member's comments that we give WITHOUT JUDGEMENT: In addition we did not use names unless the emails were signed and we had permission: 

We would certainly have liked more information about the collections processes before voting...no one invited us to sign a petition, but we would have if we had had the opportunity. anonymous

Although I want dues collected as much as anyone (having helped file over thirty liens and write a slew of warning letters) I will never support collection practices that force members to sign away their rights under the law in order to make payments. This practice is called predatory and has been out lawed in many states--unfortunately Utah is not one of them. Shelly M. Lot 333, 332, 331.

forgive me if this is not the proper way to voice my opinion i personally dont know or care how the dues are collected nor do i ever plan on finding out how the process of collecting dues works that is simply because I PAY MY DUES  and will continue to pay my dues if you all would just do the same then it shouldnt concern any of you either the only conclusion i can make of it is some of you have to much time on your hands and nothing better to do with your time i hope that the association can get the dues collected in a timely manner without any law suits or other complaints.     jesse strasburg 218  

If i knew exactly WHO this was coming from I would pay more attention to it. jack

I want us to challange the vote to hire an attorney to collect dues.  I don't see anywhere on the page to do so. Thank you for your eye in the sky.  Thank you for up-dating us. Louise Knapp Lot -233

Im sorry but who is this? anonymous

Collections have and will continue to be done without extra legislation from the Board of Trustees.  Consider voting this resolution down.  It is a dangerous piece of work and rewriting it is like painting an alligator and expecting him not to bite.  This resolution will also creat accounting nightmares for both the bookkeeper and the membership. anonymous

I have posted to the members blog my opinion about the collections resolution issue. Holzworth

I would suggest we amend the bylaws to prohib meetings in members house.  The Decemer 26, 2011 at 2 PM at Roys house goes a long way to excluded members of our association with jobs out side of the home.  Seems a little odd to have the association run buy a bunch of retired guys in thier 70's. anonymous

Friday, February 3, 2012

Fair Debt Collection

Ever stop to think what people in other states are going through? Here is some info form California--Is sit possible that Federal law applies here also? It might be a good idea for members to review some of the Fair Debt Collection practices as it relates to Associations. Have any friends? How about enemies? They still may need to know there are a few laws left in America. Invite them to click on this article and learn.

The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from making false or misleading representations and from engaging in abusive and unfair practices in the collection of consumer debt. Violations of the Act can result in fines and damages against the association plus attorneys' fees.

FDCPA Applies to Assessments. Associations that hire third parties to collect delinquent assessments, such as lawyers, collection companies, and management companies, are governed by the FDCPA. In Thies v. Law Offices of William A. Wyman (SD Cal 1997) 969 F.Supp. 604, the court held that homeowner association assessments fall under the Fair Debt Collection Practices Act. The FDCPA requires that certain disclosures be made to homeowners. In addition, debt collectors are prohibited from making harassing telephone calls, making idle threats, directly contacting owners represented by counsel, etc."

'via Blog this'

Monday, January 30, 2012

Member Involvement in Decision Making

It appears that we are entering another mini-era of conflict about the best way for our Association to manage our affairs. Once again there is disagreement about how to collect delinquent assessments. I have been told that the members approved the Collections Resolution at the members meeting on January 27.

This resolution incorporated by reference an agreement between Fotheringham and Associates and the Association. I have never seen this agreement and believe it is an important peice of information the members should have been able to see before they were asked to vote on this issue. It is likely that the Association will become the owner of many lots by foreclosure for delinquent assessments and legal costs. There will be no one to pay assessments or taxes, leaving the balance of the members with this responsibility through the Association budget and assessments.

Our attorney will need to be paid by the Association in the cases where assessments are not collectible and that payment must come from us.

This issue should be on the agenda at the annual membeship meeting for further discussion.