The Park West HOA was abandoned by the developer board members who failed to show up. Instead, they appointed three other neighbors to work with Bobby Thomas, to rush though and approve the previous meeting (March 2003) minutes, a budget, and then we went through a hasty nominations process with 6 candidates already listed:

* Linda Bal, who was acting as the secretary and running the meeting notes,
* Jeffery Fix (not present)
* Chuck Griffin (acting officer)
* Cathy Jedrzejewicz
* Dave Maril (acting officer)
* Jorge Rodriguez (not present)
* Carol Buls (nominated from the floor)

The 3 new board members that we elected will begin their terms at the next board meeting. It is customary for them to elect the officer positions at that time:

1) Dave Maril (3-yr term)
2) Linda Bal (2-yr term)
3) Cathy Jedrzejewicz (1-yr term)

I counted 38 people at the meeting and Bobby Thomas reported, via Marilyn that we had a quorum of members (he said 30 lots were represented - he could easily have done that with the builders lots if he had proxies, but he said the developers would not use their super majoity vote). Nobody offered how many votes were outstanding and how many lots were in attendence, but I guess we will have to trust Marylin (our property manager).

It was pretty, it was quite proper, but it seemed to be effective and I think nobody disagreed with the outcome.

Lets support our new board in every way possible, and that means volunteering to serve on one of at least 5 committees that need to make some decisions about landscaping, by-law changes, communications, events and other pressing issues.

The neighborhood is now our to run. The Developers have ducked out - this only underscores how bad it is to have developers control an HOA. They were reckless and unresponsive to the end.

Thank You all for picking up the pieces. Lets see if we can get this community a working HOA system that can live within it's budget and address the serious issues we face.

The officers can't do this by themselves. They will need small committees to study the issues, consider the options, and present them to the board to make the right choices for our future.

HOA Meeting

Russ,

Although somewhat jaded, your description of last night?’s HOA meeting is, in some respects accurate. But in other respects it is wholly false. Our HOA was not ?“abandoned by the developer board members who failed to show up.?” The members of the Board who were representatives of Wilshire Homes made a conscious decision to cede power to the residents ?– something which is unheard-of when the developer still owns lots in a subdivision. Because of the relationship of trust which had been developed, they have ALLOWED the residents to govern the HOA, even though they have every right to maintain control ?– which most developers do until every lot is sold.

The deed restrictions under which most HOAs are formed provide that the developer will have control of the HOA until they have sold all their homes in the subdivision. If you don?’t want to belong to an HOA which is controlled by a developer, you should not move into an unfinished subdivision. It?’s as simple as that.

Most subdivisions are finished in a year or less. This subdivision was started more than six years ago. When I moved here, the entire subdivision consisted of about half the homes in Phase I. The original developer had gone bankrupt, and many things had been left unfinished. It would appear that, for whatever reasons, neither the HOA nor any of the residents made an appearance in the bankruptcy proceedings. Thus, all of the obligations to the of the bankrupt developer to the residents and to the HOA were discharged. You can blame the founding fathers for that ?– the right to file bankruptcy is provided in United States Constitution.

Hammons Homes, which purchased the development out of the bankruptcy proceeding, took the property free and clear of the unperformed obligations of the original developer. But, the Hammons Homes representatives made a conscious effort to work with the residents. Dave Maril served on the Board for at least two years, and I served on the Board for about three years. I can tell you that I was not puppet ?– as one person (who shall remain nameless) seemed to delight in continually suggesting. I was very vocal in our Board meetings, as were the representatives of Hammons Homes. Every matter that came before the Board was given a full discussion, and the long-term welfare of the residents was always given the highest priority. No vote was taken with less than full discussion of the matter at hand, and I cannot recall any vote which was not 3 to 0.

(Continued)

HOA Meeting


Since I moved here, the HOA meetings have been pretty unpleasant events. Most of the residents resented the ?“super-majority?” given the ?“declarant?” (the developer) under the deed restrictions. In my opinion though, the Hammons Homes representatives exercised their super-majority vote in a responsible manner. The successor declarant, Wilshire Homes, voluntarily relinquished its right to exercise its super-majority vote last night. They did not ?“abandon?” us. I talked with Marvin Galloway yesterday afternoon. Even though Wilshire Homes still owns lots here, it voluntarily agreed to stay out of our way last night. That was a gift.

Now let me tell you some of the things that Hammons Homes did for us. When I moved here, there were no lights on the gates, the gates didn?’t work, some of the streetlights didn?’t work, and there was a large section of sidewalk missing in Phase I. The HOA, with the assistance of Hammons Homes, addressed these problems. OK, that was probably good marketing on their part. But, the bottom line is, they didn?’t have any obligation to rectify any of these problems. The HOA, not the developers, owns the gates, the lights, the sidewalks, and all of the other common areas. Maintaining those assets is the HOA?’s responsibility, not theirs.

But, together we got things done (more often than not, at the expense of Hammons Homes, rather than the HOA). Even though they had no legal obligation to do so, Hammonds Homes gave us $2,000 towards the construction of several sections of the sidewalk in Phase I which had been left un-built by the original developer.

Simply put, Russ, it is irresponsible for you to make statements like ?“the Developers have ducked out - this only underscores how bad it is to have developers control an HOA. They were reckless and unresponsive to the end.?” You weren?’t at the Board meetings for three years. I was. You didn?’t work with the developers to get the streetlights working, to get the gates fixed, to get the sidewalks built. I did.

But, you are right when you say that there are many very serious issues which will be addressed by the new all-resident Board. And you are right to say that any resident who cares about this neighborhood owes a duty to get involved. A survey will be mailed to each resident very soon. Residents: If you don?’t respond to the survey, and if you don?’t get involved in one or more of the committees which will be formed to address the various issues which will be identified in the survey, then don?’t complain later on. Put your money where your mouth is. It?’s your HOA, now.

So Russ, thanks for your report. By the way, how many committees did you sign up for last night?

HOA Meeting

By the way, my name is not ''Anonymous.'' It's Bobby Thomas.