Understanding Your HOA-Humor

Great sarcastic artical from Sarah--I love her take on this--her article is worth reading and gives rise to a chuckle or two.

Understanding Your HOA: "But, what exactly is an HOA? Originally a pseudo-government designed to prevent undesirables from ruining property values, these organizations are filled with locals passionate about the fences and lawns of others."



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What Causes a Trustee to Abuse their Position?

In the HOA Primer, this member speaks to a common propblem--the rogue board member. We often wonder why a board member will abuse their power, but what makes them do that?

We know that Roy Walker won't attend board meetings. He won't give over the records or check book to the new secretary and treasuer--he wants to disqualify ballots on tehcnicalities (he lost his presidency) and if that doesn't work, he lies about the candidates, he is making decisions for Hideaway that are not in a noticed board meeting, STRICTLY unlawful and spending our money on an attorney to keep himself in power, again without authority--what makes a man do that and then lie about the new board members in our ocmmunity that want to serve? It is senseless--everyone deserves a chance to serve our community, but Roy doesn't seem to think so.

Below is an insightful article from a property owner in another state who has dealt with our very same issues here in Hideaway--the article is well worth reading. Enlightening and gives insight into what may be going on with Roy.

This is as good an explanaiton as any:

The Board: "neighborhoods designed for neros
The Board is usually made up of eight to ten volunteers. These volunteers decide among themselves who will be the president, vice president, treasurer, secretary, etc., etc. In most cases, the Board will also include a representative from a Management Company. The management company is what you might call a “conflict for prophet” organization. But we’ll have to wait until the next chapter to expose those reprobates.

The purpose of the Board is to oversee the maintenance of the common area and uphold the CC&Rs.

However, I think you’ll find in most CIDs, maintenance comes in a distant second to covenant enforcement, which can become an absolute obsession.

The board has a fiduciary obligation (meaning they are being trusted by the rest of the homeowners) to act in the best interests of the association, but they rarely do.

If there were high levels of participation among the homeowners then, theoretically, you should have fewer problems. But in almost all cases, the homeowners have no time for, or interest in, neighborhood politics. These are the homeowners who have jobs and children and numerous other familial obligations. This situation creates a void, which will attract those most likely to abuse these positions of trust. This group would include those homeowners who, for whatever reason, have a great deal of time on their hands and a distinct inclination towards adversarial engagement. In a CID, the inmates really do run the asylum.

What I’m describing here, and what you’re most likely to get, is what is referred to as a “rogue board.”

And what’s so appealing about these volunteer, board positions to people of this sort? The answer is simple - complete power over one’s neighbors.

the keys to the kingdom
The CC&Rs provide board members with powers and perks that would make any third world totalitarian dictator emerald green with envy.

No experience is required. There are no minimum levels of education or competency required. Any idiot can be an HOA board member.

Freedom from prosecution. HOA board members cannot be held legally responsible for their actions while serving on an HOA board. There is no punitive incentive to hold those maniacal, totalitarian tendencies in check.

Personal vendettas are financed by the HOA. Board members can bring suit against a homeowner for any reason. The association pays all their legal expenses.

Democracy is no obstacle to tyranny. The HOA private, corporate government provides no system of checks and balances. HOA board members simultaneously occupy the legislative, judicial, and executive branches with absolutely no local, state, or federal oversight. The homeowners are sitting ducks. In disputes with homeowners, the board acts as accuser, prosecutor, judge, and jury.

barbarians at the gates
Now who do you think will be just dying to occupy these positions of boundless authority completely free of personal accountability and requiring no more qualification than a measurable pulse? Of course, it will be the neighbors from hell!

You know who they are. Every neighborhood has its crackpots, its loose cannons. Your parents warned you about them when you were kids. “Don’t go near their house on your way home from school, and don’t hit your baseballs into their yards.” Well now those crackpots are going to have complete control over your neighborhood, and to an alarming extent, your own personal property.

Any of your neighbors who shows a pronounced inclination towards aggressive, anti-social, adversarial, and authoritarian behavior is going to be fighting tooth and nail for a position on your board of directors because, for these personality types, that's where the action is. They’re drawn like a moth to a flame; It’s simple human nature at its worst.

Once on the board, these people tend to develop an adversarial posture towards the other homeowners, imposing on the association their own personal standards of neighborhood appearance and homeowner deportment. They will micro-manage your property through means of creative interpretation, and outright embellishment of the CC&Rs.

Our neighborhood, because it had almost no common area and no standardized appearance had few restrictions, but within a few years, our board had re-interpreted the CC&Rs to include every conceivable enhancement or alteration to be subject to board approval.

Emergency Meeting Called by the Board -

Emergency Meeting Called by the Board - hideawayvalley@gmail.com - Gmail: "If people are spending our money without authorization-isn't that theft or embezzlement?  They should be arrested.  They should be made to pay the association back, and pay for the spending themselves.  If we have to take them to court, they should be made to pay for all lawyer fees and court costs.
 
If the Board is acting inappropriately, we should be able to have a recall election or be able to impeach them.   And, they should not be able to run for office or hold office again.  I can't believe that Roy Walker was able to run again and hold office after the last time he was elected and cost the association a lot of money in lawyer fees.  If we don't have the rules to keep the trouble makers out of office, we should correct this problem.  (If they don't like it, they can sell their lots and move out.  We would be better off without them, then to keep putting up with what they are doing.)
 
Dennis S. Naylor
 
Lot D410"



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Day of Fasting and Prayer.

We would like to invite all those who would like to participate to join us in a Day of Fasting and Prayer. 

 

Since the last election there has been much conflict and disunity on the HVPOA Board of Trustees.  It appears the only solution to the conflict is a court battle.  This is not needed or wanted.  Before such measures are taken, let us petition the Great God of Heaven and Earth, the holy one who can bring peace and reason where mortals can not. 

 

We will be starting our fast after the evening meal on Saturday, June 6, 2015.  Please take the time to kneel with your families and open your fast by asking God to bring peace and reason back to our Association Business (which affects the personal peace of our families and neighborhood).  During your fast, let your thoughts be drawn to God in faith and just before your evening meal on Sunday, June 7th stop and thank the Lord and close your fast.

 

The courts of Heaven have a higher authority than the courts of the land, let us petition God first.  Nothing is too hard for our God.

 

Sincerely,  Vivian Kunz

Report from Vivian on the Ballot Verification

TO:Hideaway Valley Property Owner’s Association Board of Trustees,
        (Kurtis Zobell, President; Becky Peterson; Vicki Hill; Roy Walker; Brian Cook)
FROM:  Vivian Kunz
DATE: Monday, May  4, 2015

SUBJECT:    BALLOT COMPLAINT SIGNED THURSDAY, APRIL, 23, 2015, AND     PRESENTED TO THE MEMBERSHIP AT BOARD MEETING, MONDAY, APRIL 27, 2015. 

I was first made aware of the issues presented in the Complaint by Tom & Graciela Meyers during the Board Meeting held Monday, April 27, 2015. 

Tom and Graciela Meyers said they had reviewed the ballots at the home of one of the Trustees and had taken 30 hours to compile the data they presented to me on a spreadsheet.  He gave me a copy of it.  The spreadsheet appeared to be the master copy of what was used to compile the complaint table handed out in the meeting.
The purported allegations at first glance seemed serious.  I acquired permission to form a committee to research the allegations.  In the spirit of cooperation I asked for volunteers from both sides of the issue.  However, at this time I did not know who signed the complaint.  NOTE:  The committee was to be:  Vivian Kunz, Chair; Brian Cook, trustee; Randy Hill, Mr. & Mrs. Meyers; Fred Smith; and Tom LaFever. 

I compared the spreadsheet provided in the complaint against spreadsheet Tom Meyers had given me.  I did not have the ballots (they have never been made available to me for comparison).  I started to list the issues in order of importance and outlined objectives and possible division of responsibilities for the committee.  I then made several calls to research some of the most serious allegations.  I found in all cases the owners were open and honest in their response.  All issues on the complaint were addressed in a matter of less than 10 hours work.  It is my opinion, that if the Members were called initially there would have been no grounds for accusations of fraud, only procedural infractions.

Roy Walker and Brian Cook are signers to the complaint and the rest of the Board were candidates in the election.  There is not an impartial Trustee to serve on our committee.  The Meyers are also signers of the complaint.  I did not know who signed the Complaint when I asked for the committee to review the complaint.  So, I am now withdrawing my request for the committee and I am providing my findings for your review on a personal basis.  I have presented you with a copy of my findings; a review of our governing documents on the subject of title and voting rules; the facts as I saw them; and a copy of the spreadsheet provided by Tom Meyers.

There was no evidence of foul play.  The only infractions were honest mistakes by the Members themselves on their own ballots or proxies.  The infractions were procedural in nature, i.e., putting the wrong lot number, forgetting to sign the ballot, not understanding how to fill out a proxy form, owner in superior title position exercising their legal right of to vote.   I personally verified each issue and have provided my discoveries for your review.  

Many expressed feelings of urgency to submit their ballots in reaction to the inflammatory actions of some of the Trustees, i.e., refusing to let long standing members sign on meeting rosters, openly calling members illegal and unable to vote, and stating they were no longer considered Members.  It was the actions of individual Trustees as well as the use of Peter Harrison’s opinion as law to restrict Member’s rights.  This may have contributed to the large number of ballots filled out in haste and a greater number of mistakes made by the Membership.

Call after call, I found all the mistakes were made by the members themselves on their own ballots and where due to human error.  Each Member presented their ballots in good faith and they should be counted.  If you take the count provided by the spreadsheet Tom Meyers tallied, the outcome is the same. 

There is some question about the appropriateness of Members being allowed to review the ballots without a legal Board action, but more importantly to me is the privacy of individual Member’s financial institutions and account numbers.  It is a breach of privacy for the Trustees to let any Member look at another Member’s personal check. 
Tom & Graciela Meyers admitted they previewed the ballots at a Trustee’s home with his approval (they did not disclose who that was) and compared at least Dallas Peterson’s ballot to his personal check.  I do not know if more were compared.  I contacted Marty Deitz and Linda Wright and asked them if they saw the ballots or personal checks, both denied ever seeing or handling them.  They signed the Complaint based on being told there was evidence of fraudulent behavior and felt it a good idea to have the issues reviewed.  They did not disclose who presented the concerns to them.  I left a message with Dale & Diane Crotts for the same purpose and have not received a reply yet.  I suspect they signed the complaint under the same suspicions Marty and Linda did.  Marty Deitz mentioned that if there was a concern of fraud the ballots should be reviewed.  I applaud his caution.

It does not appear that there was any attempt to clarify the ballot issues, except in the case of Boyd Williams and Dallas Peterson.  In both cases, the attempt to clarify did not include calling the Member themselves. 

Many of the irregularities deserved review, and now that the allegations are cleared up, but it is my personal opinion, the complaint was generated by the outgoing Trustees to shed suspicion on the ballot and circumvent the voice of the Membership, or they would have made the same calls I did and found out the same information.  Roy Walker, Brian Cook, and Don Biery were in a position of trust and knew better than to let Members preview the private financial data of other Members.   Tom and Graciela Meyers had access to at least one Member’s private financial data.  The Trustees involved are extremely liable and their actions constitute a breach of trust in their duties. 

Note:  (Benny Lee was not involved in the complaint or in preventing the incoming Trustees from being seated.)

  FACTS ABOUT COMPLAINT

An Annual Meeting of the Members was held on Saturday, April 18, 2015.  It was duly noticed and ballots sent out and ballots were received by the Board of Trustees.  Roy Walker, President announced they had received a warning letter from Mr. Lungren, an attorney, stating the election needed to be done according to law or he was prepared to file an action against the Board.  Roy Walker explained they needed to nullify the election and call another one.  The Board had an attorney present to explain their position.  Members called for a vote to allow the count of the ballots.  A count was allowed.  The board was not prepared to count the vote so forms were made by scratch and the count was completed by Dan & Vivian Kunz, Tom LaFever, Troy Russell, Fred Smith, and Scott Williams.

Winners were Kurtis Zobel (73 Votes) for the one year term;  and Becky Peterson (82 votes) & Vicky Hill (71 votes) for the two year terms. 

Vivian Kunz announced the vote totals and asked for a vote of the members if there was any objection to seating the winners.   Vivian also asked a second time for any objections.  No objections were made and Vivian asked for the vote to be recorded in the minutes.  All the signers of the complaint were present at the meeting except Dale & Diane Crotts and Marty Duitz.

After the Members Meeting the out-going board canceled the duly noticed Board Meeting

Out-going Trustees  (Roy Walker, Brian Cook, & Don Biery) refused to seat the new Trustees.  Stating the new trustees did not take office till May 1.   Note:  Throughout the history of the association the precedence has been to seat the new trustees in the Board meeting immediately after the Member’s Meeting.   

Board Meeting was announced, Monday, April 27, 2015, with the intent to seat the new trustees.  Board Meeting was held as scheduled, where a complaint was brought forward and Roy Walker, Brian Cook, Don Biery refused again to seat the new Trustees (Bennie Lee was not in attendance).  Roy Walker left the room without closing the meeting and the new Trustees took their seats and conducted business.

Ballot complaint was dated Thursday, April 23, 2015.
Complaint was signed by:  Roy Walker, President of the HVPOA; Brian Cook, Vice President; Don Biery, Secretary; Dale & Diane Crotts; Marty Duitz; Tom & Graciela Meyers; and Linda Wright.Here is the complete and detailed analysis of the ballots.

HOA Election Humor

If you don't laugh, you'll cry.

We will help Roy if Roy will help the Association

Another board meeting has been called to deal with some issues:

Hideaway Valley Property Owners Association
Board of Trustees MeetingAll Members WelcomeSaturday, May 30th, 1:30p.m.Hideaway Valley Pavilion / Common Area
Agenda

• 1. Status of Association Documents/Checkbook/Mail

• 2. Discussion of future course of action

• 3. Update on road work

Important to go to this meeting

t's pretty important to go to this meeting. The prior board president is trying to claim that he is still the president and everything the new trustees have done is not valid. Roy has tried many tricks to stay in power:

• After sending the ballots at your expense, he hired a lawyer with your money to try and stop the counting of the ballots and annual election.
• Would not seat the new trustees at the annual meeting claiming they could not be seated until May 1.
• A board meeting was called and noticed for April 27 and the officers positions were established. Roy was not happy with the results and chose to abandon the meeting taking all the corporate documents, checkbook, and records with him. Brian Cook chose to stay but was less than cooperative or congenial. Although he was voted in as the VP,  he refused the office and abstained from further voting.
•  Without board authority or approval and unbeknownst to the newly elected trustees, got some other members to go over all the ballots and try to invalidate them with any tiny mistake they could find. 
•  First he claimed that Kurtis and Vicki had not won the election and only Becky could be seated.
• Later he claimed that Kurtis and Viki were valid but Becky was not.
• Because he is trying to stifle the association as has been his pattern in the past, he has made efforts to stop any information or progress that the board should make, including personally interfering with the association mail at the post office without any legal documentation.
  

Our board needs our support to help rectify this problem. Roy is basically doing what he wants when he wants without board authority, contrary to the governing doucments.  Although there have been several board meetings, some he has partially attened and some he has blatently ignored, nothing he is doing has been decided in a proper board meeting with board authority-he appears to have gone rouge-- in total wanton disreagard to the membership at large. NO ONE IS ALLOWED TO DO BUSINESS AND SPEND OUR MONEY WIHTOUT PROPER BOARD ACTION. 
He is acting like a dictator, not a trustee. He fails to achknowlege that a trustee is a position of trust and service not power.

There has been no proper board meeting or action to allow this man to do as he pleases with our business, our money, and our community. This is totally improper and unnecessary--there are proper channels to go through if you disagree with things--but turning into a modern day bully who chooses to hoard records and checkbooks and won't let newly voted members take their turn at service...this is a blatant breach of trust.

As to to Peter Harrison/Vial Fotheringam, please be advised: There have been legally and properly called and held meetings that Roy Walker has not attended. At the April 27th board  meeting which Roy chose to walk out of, the newly elected and seated board voted and recorded in the corporate minutes that any expenses incurred by Roy without full board approval would be at his own expense. He currently is acting on his own and does not have authority to hide records, retain the check book, tell the book keeper not to talk to the board members, open ballets and show them to the neighbors, freeze the mail, and including talking to you and/or this firm. This is a state governed corporation with compulsory membership and close to 450 people are being victimized and mistreated at his whim. If he wants to contest anything, he must do it through the proper procedure, something he chooses not to understand. He is opening the association up to yet another lawsuit when it is so unnecessary to waste our money. Please do not encourage him.

One concernd member's opinion, Tom L

PS. Please try to attend and support this board for progress.