Update to Homeowners
Hello
everyone,
We have
received a request from a homeowner to review the legal costs involving Legacy
Properties. We felt that this was an
important request to share with all homeowners.
Legal
expenses for collection of unpaid dues:
At the
Annual Meeting, January 25, 2003 the management Team was tasked with collecting
the dues from units owned by Legacy Properties. The Management Team followed
the by-laws and the advice of our attorney, and sent Legacy notices for
non-payment, notice of impending lien and finally a lien was filed.
Legacy’s failure to
pay its proportionate share of HOA dues caused significant financial hardship
to the Association. Money had to be
drawn from the Reserve Fund to pay common area maintenance expenses.
In May
2003, the Management Team collected $8,931.28 (dues from January through May)
from Legacy to release the liens on their units, as the sale required clear
title. Since this time, Legacy has paid some $3000 in additional dues, although
they are always in arrears.
Legal fees
spent to collect dues - approximately $ 1,913.41
It is
the opinion of the HOA attorney that Legacy Properties should pay this legal
expense.
Legal
expenses to defend the HOA from lawsuit: Once the Management Team placed the lien on the
Legacy owned units, Legacy’s response in April of 2003, was to threaten the HOA
with a lawsuit and to takeover the HOA and replace the Management Team with
Legacy Employees (none of whom still work for Legacy). The CC&Rs on this
matter read:
POWERS: The
Association shall have all powers granted to the Association by the Utah
Nonprofit Corporation and Cooperative Association Act, Utah Code Annotated,
Section 16-6-18 through 16-6-111, and the Utah Condominium Ownership Act, Utah
Code Annotated (!953), Section 57-8-1 through 57-8-36, as amended, including
but not limited to the following:
f. To
engage the services of a manager or management company, attorneys, accountants,
or other employees, agents or professionals, and to pay to said persons a
reasonable compensation for services rendered by them to the Association .
8.2 Complaints Brought Against the Association, Management Committee, or Officers.
Complaints
brought against the Association, the Management Committee or other officers,
employees or agents thereof, in their respective capacities as such or the
property as a whole, shall be directed to the Management Committee, which shall
promptly give written notice thereof to the unit owners and any mortgagees and
shall be defended by the Management Committee, and the unit owners and
mortgagees shall have no right to participate other than through the Management
Committee in such defense. Complaints against one or more, but less than all
unit owners, shall be directed to such unit owners, who shall promptly give
written notice thereof to the Management Committee and to the mortgagees having
an interest in such units, and shall be defended by such unit owners.
Management Teams original post to homeowners vial Mail and
Email:
“The Management Committee has reviewed a notice from Legacy
Properties, LC, requesting that the current Management Committee of the
Lakeside Village Home Owners Association (HOA) be disbanded and replaced by a
board staffed by employees of Legacy Properties. The Management Committee
sought legal advice and has responded denying Legacy's request. The board does
not feel that releasing control of the HOA board to the developer would be in
the best interest of the homeowners. Our response to Legacy's request is
attached at the bottom of this post.
Several homeowners have called requesting information on this issue and
they have been given a copy of this letter.
We encourage you all to read it.”
Legal fees
spent to defend the HOA against this lawsuit – approximately $1,400.00
It is
the opinion of the HOA attorney that Legacy Properties should pay this legal
expense.
Legal expenses to prepare a lease for Legacy’s use of the homeowners’ clubhouse:
Legacy
Properties had originally intended to keep the clubhouse. When Legacy applied to the county for
approval of phase 5 (fourth new building), the county required Legacy to ad the
clubhouse and amenities to the dedication plat for phase 5. Since this time Legacy has been pushing the
management Team to sign a lease. We
have canvassed many homeowners and have used this input to work through an
agreement. We are still working out the
details with Legacy on this matter and we assume this will be an item on the
ballot for the Annual Meeting. The attached email sent by Don Haven to Legacy
sums up the issues involved.
Legal fees
spent to resolve use of homeowners’ clubhouse – approximately $ 300.00
The
Management Team would like to remind all homeowners of the Lakeside website, www.LakesideHOA.org Please feel free to comment and work with
your fellow homeowners on the Management Team to resolve open issues. Also, we are looking for board members for
the 2004-year.
HOA
Management Team:
Geoff
Granum - Treasurer 801.374.8500
Geoffrey@silvercreekllc.com
Don Haven -
Treasurer 801-745-3296 SkiDon@aol.com
Anita
Oliveri - President 801.745.2418
aoliveri@uswest.net
Mary Finan
- Secretary 801-745-4313 mary_finan@yahoo.com
Mark Rasmussen
- Vice P. 801-745-0584 rrasmussen@petzl.com
Mike
Mitchell - Vice P. 801-745-3207
michale.d.mitchell@boeing.com