First of all… my wife and I are glad to see that Mr. Fink has spent a good deal of time restoring the Hidden Lake website… being owners in abstentia, we feel that this website will help us to feel more connected to our neighbors in our future neighborhood.
Our first few months as owners found us giddy with excitement, with the prospect of our new property, and the thoughts of beginning the building of our dream retirement home… we’ve even met a few of our neighbors face to face… and we’ve been thrilled with their helpfulness in getting us aquainted with the area and with the village.
Maybe the newness has worn off… hopefully, the neighbors we’ve met so far are more the “rule” than the “exception”… but we’ve been struck by what seems to be power struggles and infighting within small groups of people (some might say groups of small people), whom we’ve never met, who seem to have the ability to tap into our checkbooks and impose local “taxes” on a whim, without adequate notice and discussion among the rest of the HL community and without adequate “representation”. Bloody wars have been fought over smaller infractions…
The following is excerpted from a letter/e-mail that we sent to the gentleman who represented us by proxy at the last general board meeting… I include this only for informational purposes and not to implicate that we were in any way mis-represented at the meeting… that is not our feeling.
***11/07/2005
Dear xxxxxx
I have some concerns regarding some recent events/issues that have come to light in the last several weeks regarding Hidden Lake…
As you may remember, my wife and I are new owners of lot #79 … and we have become good friends with our next door neighbors. As you might expect, we maintain frequent contact with them, and usually the discussion comes around to what’s happening in the “neighborhood”. When it came time for the annual meeting, my wife and I were not able to attend and had intended to give the next door neighbor’s our proxy, since we generally agree on our needs and outcomes. However since the our neighbor’s were also not able to attend, we provided our proxy to you at the neighbor’s recommendation.
Let me say at the outset, that my wife and I are not questioning your ability to represent us at the meeting… in fact we feel that you believe that you are looking out for our best interests… However… we feel that we’ve been blind sided by this special assessment, especially since there was no mention of it on the agenda. Had there been mention of it, I would have canceled my business trip to have been there.
Yes, I understand that, according to the bylaws, the board was under no obligation to issue an agenda prior to the meeting, nor to provide any notice of any planned discussion of a need for a special assessment. HOWEVER… JUST BECAUSE THERE WAS NO LEGAL OBLIGATION TO GIVE SUCH NOTICE, DOES NOT MAKE IT “RIGHT AND PROPER” TO AVOID SUCH NOTICE. In my experience with other associations, when the bylaws are originally established, there is a certain amount of implied trust and respect that is afforded to the people bound by the bylaws… In my opinion, this should include providing a reasonable amount of information by which the individuals could make a judgement as to whether or not to attend certain specific meetings. I would also assume this to include those topics whose outcomes directly affect the wallets and living conditions within the bounds of the development. I also expect the outcomes of the meeting (the minutes) to be communicated within a reasonable length of time (30-60 days). I generally give the benefit of the doubt to people I don’t know… I trust them until it has been proven that they can’t be trusted. The same goes for group behavior… I will trust the group until proven otherwise. (Don’t misunderstand my statement… We do still trust you, xxxxxxx).
When that implicit trust exists, the bylaws are generally written “loosely” with respect to such provisions, to allow for a measure of flexibility to accommodate emergency situations. It is when those measures of trust are violated that the multitude of amendments come about, and generally mess up the bylaws (making them long legal documents that become virtually unusable). I don’t believe that it is necessary for the Association bylaws to become cluttered with all the “what if’s”.
Now, let me explain our feelings within that context…
1. My wife and I feel blind sided by the boards decision to require a special assessment for the snow removal equipment. All we received from the Association is a notice of special assessment… no explanation, no discussion (in the form of minutes), no invitation to provide feedback (there are other smart people in the association, not just those that sit on the board). We have only been notified that we must write a check… and that if we are late, that we will be penalized with 15% interest. Now isn’t that friendly? This does not build trust and demonstrate friendship… and we are expected to trust in the board’s decision who is not willing to have the courtesy of advising us that such a decision is pending? Shouldn’t there have been some sort of review committee formed to review the actual needs and options available prior to just gathering this pool of money?
2. If you were not sitting on the board, and were not privy to the discussion at hand, wouldn’t you feel the same way? Wouldn’t you feel slighted if you were provided an agenda that makes no mention of an important topic that was to be discussed… only then to discover that you now owed an unexpected $50,000… (of course, it was “only” $500… the principle is the same). It is not about the money… it is about the principles of courtesy, trust and respect. We think that it is disingenuous to hide behind the lack of certain provisions or requirements within the bylaws to avoid providing important information to the membership.
3. BY THE WAY… I HEAR THAT THE ROAD GRADER IS BACK… SO WHAT IS MY SPECIAL ASSESSMENT TO BE USED FOR NOW? Again, xxxxxx… I’m not attacking you personally… We appreciate that you were willing to act as our proxy… and that you did provide quick feedback after the meeting, mentioning that the issue of the manufactured housing was over… but you didn’t make any mention of the special assessment (hopefully, just an oversight)… FYI… we were not worried about the manufactured housing issue anyway..
Also, we understand that we hear most of the Hidden Lake news through our immediate neighbors… They are very good about stating what is opinion and what they know to be fact… and we’ve come to trust what they tell us… However, by their own admission, they do not hear everything, and do not know everything. We understand that what we hear may be shaded by their perspective… but so far… that is our only line of communication (by the way, they tend to be very accurate)… so we get 2nd and 3rd hand information by which to make our judgements. This is even more reason for the board to act in a manner that builds trust with its membership… courtesy, respect and trust of the membership. If what we are hearing is incorrect then speak up… don’t hide behind the lack of “rules” in the bylaws.
Bringing back this website can be very helpful in opening the lines of communication with the rest of the owners like us… those in absentia… I’ve mentioned that I would be happy to help Mr. Fink with the website, to the extent that I would be happy to review any articles… and even moderate the forum. If you are concerned with the objectivity of the website… I am happy to work with the webmaster to bring this mode of communication back current. (In fact, I am now working with Mr. Fink specifically in this role.)
Is the board willing to have an objective light shine on the issues and on their actions and decisions?
We hope that we’ve not pissed you off… but instead have given you some insight from our perspective… We want Hidden Lake to be a great place to live by the time we get our place built and get moved out there … We don’t want the HOA to be bound by unnecessary rules that will be put into place to prevent these kinds of practices, when the rules don’t have to be necessary if everyone involved is courteous, respectful and trusting.
*******
That said… we would like:
1. To see the minutes of any meeting forwarded to us (e-mail is fine) within 30 days of the close of any official meeting,
2. To see a copy of the detailed financial statements within 60 days of the end of the association’s fiscal year.
3. Adequate notification (90 days) of any agenda item which has the potential of either directly or indirectly affecting the pocket book, or our ability to choose the dwelling our our choice.
The ultimate role of the HOA is to assure that that the living conditions of our “community” is safe, pleasant and respectful of each others property and property values… In our humble opinion, the actions of the HOA board and their interactions with their neighbors, both on site and in abstentia have far more impact on the quality of life in our community than the prospect of any pre-fabricated housing (even mobile homes with wheels)… any of which would be difficult to see from any of the roads in the division.
Good people are not defined by the kind of houses they live in, but by their actions in the communities in which they live. We hope that the community we chose for our retirement is made up of good people, not necessarily million dollar homes. So far, the neighbors we’ve met face to face are good people… are you people on the board good people or rich home-owners?
Best Regards
Brad & Steph Snyder
Lot #79