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.

Humor--we mourn the passing of a friend: Common Sense

Humor: "Common Sense, AKA C.S., lived a long life but died from heart failure at the brink of the millennium. No one really knows how old he was since his birth records were long ago lost in bureaucratic red tape. He selflessly devoted his life to service in schools, hospitals, homes, factories and offices, helping folks get jobs done without fanfare and foolishness.

For decades, petty rules, silly laws and frivolous lawsuits held no power over C.S. He was credited with cultivating such valued lessons as to know when to come in out of the rain, the early bird gets the worm, and life isn't always fair. "

Read thest by clicking onthe link above

Be A Good Neighbor- Responsible Pet Ownership

Hi All, We have lived in Hideaway Valley for almost 4yrs. Those of you who have gotten to know me, know that I am a passionate person when it comes to my animals. I work very hard to be responsible and do not expect everyone to share my beliefs or my passions. However I do expect people to RESPECT other peoples property, by keeping their dogs on THEIR property! I am writing this with regards to the problem of stray dogs here in our community. Years ago people were quick to say they were a certain persons dogs who lived within our community, but he no longer lives here nor do his dogs. I have had major issues lately with dogs coming onto my property harrassing my dogs. These are NOT stray dogs, I have watched them run home to their yards after I have chased them off my yard. I know where they live, I know they are not current on vaccines, and many are not spayed/neutered. I have thousands and thousands invested in my dogs, my dogs are all current on vaccines by a licensed veterinarian, they are all dewormed monthly, microchipped, current on heartworm prevention and most importantly CONTAINED. They do not leave my property without me being with them. I know that many people do not take the time or spend the money to care for their animals properly here. Many are not vaccinated, nor are they spayed/neutered. This transmits disease, parasites and adds to the stray problem. Rabies is not only an animal issue, but it is an issue that concerns the safety of humans as well. It is required by law that any dog/cat over 4mo of age be vaccinated for rabies. I have had major issues with a wolf/husky mix wearing an orange collar coming onto my property trying to get INTO my kennels to attack my dogs. This dog was responsible for killing a pomeranian last summer. I also know this dog chases horses and harrasses goats at a neighbors. I have made numerous attempts to contact the owners, as I know where this dog lives. Another dog- female black lab mix comes over here constantly, following cars, coming over to play with my dogs. This dog is not vaccinated for rabies and is also not spayed. Another dog- black tricolored Australian Shepherd, who chases the school bus, cars and also comes onto my property to defecate is also an owned dog. People do not realize that even if a dog is vaccinated, it can still carry diseases and having these dogs come onto my property puts my CONTAINED animals at risk. Rabies is also not only a concern for animals, but for humans too, and with the wildlife around here, it is something we should all be concerned with. Unless those of you allowing your dogs to run free would like to pay to replace my dogs should they get injured, or killed from your negligence, or if you would like to be sued should your dog bite one of my children, I suggest you keep them CONTAINED on YOUR property. It is not just a common courtesy issue, it is a legal liability and a safety issue. I am well within my rights to protect my home, property and family (including my animals) should people not keep their dogs on their property, they will be shot on sight should they come onto mine. Be a good neighbor, do not expect someone else to deal with your animals. I do not want them here, it is NOT my responsibility to call you when they show up, nor is it my responsibility to clean up after them. Please vaccinate your dogs, please spay and neuter to help keep them home, and please keep them on YOUR property!!!!! Melissa Zobell

The Common HOA Lies

This is from the Shavano Ridge website--interesting article--here is only One of the Myths they talk about--go to the site for the full story.

The Lie: You knew what you were getting into when you bought your home. 

This statement is offered as the usual line of defense whenever a board of directors is accused of misconduct. It is an excuse that many homeowners are already very familiar with. 

“By purchasing a home in Shavano Ridge, you accepted the covenants that govern our community and you are bound by them.” Out on the Ridge, February 2004 

That quote states that the simple purchase of a home in this subdivision constitutes full disclosure on the part of the seller and acknowledgement of all restrictions on the part of the buyer. There is no suggestion that a verbal or written disclosure actually take place. In short, what they are saying is buyer beware. 

The notion, that it is solely the obligation of the homeowner to determine the true nature of the property, is further emphasized in this next quote: 

“…a homeowner is on notice of the existence of deed restrictions/covenants by the very fact that such documents have been duly filed and registered with the appropriate state and county entities.” Shavano Ridge Meeting Minutes for August 2004 

What they seem to be saying here is, “catch us if you can.” When you read that passage, you can’t escape the notion that somebody is trying to hide something from you. 

The truth is that, although sellers are required to make disclosure of the CC&Rs at some point in the sales process, thanks to the lobbying efforts of the industries trade organization, the Community Association Institute (CAI), the law leaves it up to the sellers own judgment as to when this information should be revealed. Many if not most, homebuyers are unaware of the existence of deed restrictions and are not properly informed of their true meaning by their sales representative. As a March 2004 homeowner survey revealed, most Shavano Ridge homeowners were unaware of what they were getting themselves into when they bought their home. 

“When you were buying your home, do you believe the seller informed you of the deed restrictions in time for you to make a well-informed decision to buy?

YES – 29; No-42.” 

It is no secret that this confusion on the part of the buyer is created by design. Over the years the CAI has lobbied legislatures across the nation to limit their responsibility regarding the disclosure of deed restrictions prior to a sale. Consequently, homebuyers are often only made aware of the existence of these restrictions at the moment the final documents are signed. This untimely disclosure assures the seller that the buyer is emotionally committed to the sale and is not likely to back out of a deal when they finally are made aware of the deed restrictions. It also assures the seller that the homeowner will not have an opportunity to read the deed restrictions prior the sale. For the seller, the final moments of the closing of a sale is the most optimal time to reveal the fact that deed restrictions apply. When the developers were selling homes in Shavano Ridge, this is the tactic they used. In interviews with recent Shavano Ridge homebuyers, it was not at all surprising to find that this was also the selling practice preferred by resale agents. However, it should be noted that just reading the CC&Rs will not provide buyers with a true understanding of the trouble they may be facing if they decide to purchase the property, since nearly all conflicts are a direct result of a board’s interpretation and creation of restrictions.  

Obviously, the industry feels that timely disclosure of deed restrictions would have a negative effect on sales, and they spend a great deal of time and money lobbying lawmak

Trash Dilemma

I faxed my ballot on the trash disposal issue today and as I did so I reflected on all the discusion we have had about our problems with this issue. The underlying problem is that we are apparently the only Association in North Sanpete County to attempt to keep our project cleaned up by offering this disposal service.

We have had a lot of abuse of the rules by owners and others who do not own property in Hideaway Valley, but I have heard nothing about any serious attempt at enforcement of those rules. I have heard many reports that outsiders are using the facility and that large amounts of construction materials and other debris which is not normal household waste are being dumped. I also hear about tires, batteries, and other hazardous wastes being left there.

I would like someone to document for me how many times one of our owners has observed any of this kind of dumping and has talked to the offender about it or reported the offender to one of the trustees.

I offer that about the second or third time we file a civil trespassing complaint against an individual disrespecting the rules for use of this facility much of this behavior will change.

It is time to stop complaining about the abuses and start doing something about them. If we vote to discontinue this service someone is going to wish we had not opened the door to what will surely follow.

Texas Homeowners Protest Fines and Foreclosure at December 2010 Rally at Center for California Homeowner Association Law

Finally they are getting it together in some states--both California and Texas are beginning to protect homeowners.


CCHAL (the organization that legislates and helps homeowners in California) has been following Texas groups that are ralleying for their rights. tehy write:

Speaking at the podium is Attorney David Kahne, a champion of homeowner rights
and a good friend of CCHAL.The purpose of the rally was to mobilize homeowners for the 2011 legislative session in Austin, the Texas state Capitol. For the first time Texas homeowners have a pro bono lobbyist to represent them in their legislative battles.The Houston television coverage of the homeowner rally is at this link: http://www.myfoxhouston.com/dpp/news/investigates/101203-hoa-reform-rally
Texas and California homeowner advocates are in a mutual admiration society.

Holiday HOA scrooges

Aren't you glad that Hideaway does not have a policy limiting the holiday decorations members can put up?

How long they can keep it up? The first date you can put them up???? Aren't we lucky not to be like so many other associations that dictate every little thing a member can do with their own property. Take a look at a few of the rules other associations have to have shoved down their throats "for the good of all."

We are blessed that we don't have a nasty old scroogey board that tries to make rules about your property and what decorations you can put up and that your neighbors aren't trying to tell you how to live--most associations suffer from the neighbors watning things THEIR way, disregarding your way--but here we pretty much leave each other alone. Granted there are a few busy bodies accusing others of things--mostly untrue...but we pray for them--that they get over themsleves and their superiority complex. Hideaway is a great place and put up thsoe decorations!

Read what others do:

“A hallmark of a shared ownership community is that you give up some of your rights for the good of the community. If there are restrictions involving holiday decorations, including lights and signage, you’re generally bound by them,” says Ryan Poliakoff, co-author of New Neighborhoods: The Consumer’s Guide to Condominium, Co-Op and HOA Living.

Don't be a scrooge with holdiay lighting rules;
http://www.hoaleader.com/public/188.cfm