A message from Steve Preston, President of Lakeside Village Homeowners Association

Homeowners of Lakeside Village,

There has been much activity on the websites and all of it will be addressed very soon.  However there appears to be the notion that the water and sewer bills provided by Mountain Sewer Company are being increased by the Board or Management Company and then being sent to homeowners with the increase. This is a false notion.

The water and sewer bill is billed to Lakeside Village Condominium as a "flat rate" and our current and binding Covenants, Conditions, and Restrictions state that the common expenses be allocated to individual units on a percentage of undivided interest in order to pay for such common expenses.


The previously stated notion that has been generated by some homeowners is inaccurate.

Thank you,
Steve Preston
President

CC&R Comments

From: Steve Stepanek [mailto:sstepanek@mindspring.com]
Sent: Tuesday, March 05, 2013 8:37 PM
To: bmesserly@peak2peakmanagement.com; 'Brandi Lierd'
Subject: RE: Lakeside Village CC&R comments

Brandi, and Brandi,

I know that in your prior email about the changes to the CC&Rs you asked for comments to be made back on the blog on the website. I went to the blog and see no comments more current than May of 2012 so I felt that I should take up Brandi Messerly who said that she would get comments in front of the board, as well as putting them on the blog.

1. Regarding the CC&R changes we would like to see some acknowledgement that while the old and new CC&R specifically say that individual owners will be responsible for repairs required for any door and door systems and windows and window systems repair, replacement  and or maintenance. (This is addressed on page 17 Article 5.1.1  Project Operating and Maintenance) that there is now a precedence set by the large assessment that occurred in 2012 to spread the costs for this type of repairs over all units and that precedent will be taken into account when similar repairs are needed for the other buildings that are not showing trouble at the time of the 2012 repair cycle.

Since we were all recently billed for a significant assessment to make repairs mostly to window and door systems this feels a bit like those who had repairs on the fund got treatment than we would not  be able to expect in the future without some kind of reference in the new CC&Rs when and if we have window or door repairs.

In the past we have been told that anything that moves when the unit is turned upside down is our problem.   I do not feel it is right to keep the old language in this new draft unless we go back and bill the owners directly who had repairs, and refund that portion of the special assessment back to everyone.  That project was sold to us on the basis that we spread the cost over the whole and that we might have that benefit in the future.

2. We would like to see some requirement in the CC&Rs that requests that owners and renters alike not park their cars backing in to the buildings. This is important to keep vehicle exhaust as far away as possible from our doors and dwellings. We also suggest that a 30 second limit to idling while parked next to the buildings ( or on the property for that matter) is appropriate to reduce our exposure to this pollution. A simple reminder in renters contracts can make this explicit in each new contract. Posting this on signs in all parking areas may be an alternative way to achieve this goal. We are prepared to pay for signs for our building as we see this as a regular problem with people backing in to park and idling for extended periods.

3. We recommend that the HOA should adopt a facility policy of recycling. This would be accomplished by eliminating one of the trash bins and replacing it with a recycling bin for paper, plastic and cans. Glass may also be included if the haulers will take it. Simple signs on the trash garage could make it recycling on one side, trash on the other and use the space and facility that we have now.

Steve and Teresa Stepanek  Unit #69 Lakeside.

Express your concerns re: the Mountain Sewer Special Assessment

From the Board . . . .

From: dmanhit@gmail.com
To: dmanhit@gmail.com
Sent: 5/23/2012 2:58:55 P.M. Eastern Daylight Time
Subj: Contact Info 67 Customers Plus LS Village

We have received several e-mail asking what each customer do to help. Below is the contact information

for now on these issues. Lakeside please share with your members.

mlong@utah.gov - Mark Long Department of Public Utilities (DPU Analyst)

A1pumping@readytek.net - Ray Bowden Owner Mountain Sewer, and Lakeview Water.

Always reference docket # 11-097-03 Mountain Sewer Rate Case.

Our suggestion is that you ask for a full explanation of the old loan in the Mountain Sewer rate case that contains almost a $2,000,000 liability (principal and interest) for Mountain Sewer and why the new owner (Bowden) has added this to the rate case since Mountain Sewer that he owns owes that money to himself as Ray Bowden? Remember, the customers are not liable for the loan, Mountain Sewer the corporation is liable for the loan. Ask him why this should this liability be transfered to the customers of Mountain Sewer for a 28 year old loan who were just hit with a 159% increase on Monday in the their sewer rates.

Larry and Sharon Zini (Owners in the Summit at Ski Lake)

Note from Anita - LSV 4

April 27, 2012 7:37 AM

To: Board and advisors. From: Anita, unit 4.

Suggest homeowners have the option of a 6 months payment billing for the assessment. The assessment should not cause hardship (some owners have more than 1 unit). The work cannot be done by May 31. Some of our past special assessments have been done this way with a 3 or 6 month billing.

Thank you,

Anita

BOD response to March 19 POST

Response from the Board in Blue

 

 

Homeowner Post re: Special Assessment

From: Harry Zinser [mailto:zinsers@sbcglobal.net]
Sent: Monday, March 19, 2012 1:19 PM
To: Valin Miranker
Cc: Harry Zinser; Anita Oliveri
Subject: LSV

Valin: Congratulations for having attained that great positon of being on the LSV board. Are you having fun yet? My wife and I own Unit 85. I try to keep in touch with going ons through Anita. Please feel free to contact the Board directly as that may shorten the timeline for a response, after all we are both your Board and also owners like you.

The latest round of voting has me a bit puzzled and I am not sure I understand the math (really the thinking) that ended up with a one time assessment for a 300 K loan.  The decision of the majority of HOA members (80% of those that voted, including the “no” votes) was to address the problems listed as both “do all” and the “must do” in combination, the decision of the Board was to only take on and do the “must do”. The value of the “must do” including a reasonable contingency was approximately $300,000.00 and so the Board voted to use that value under the Special Assessment.

Also, why does that assessment have to paid by May? or whatever date was. Did anyone on board consider that some owners may not have retired with a spike in their last year's pay or a golden handshake? I find that decision rather presumptuous. The Board felt that giving the HOA members approximately 60 days was a reasonable time line. The Board is well aware of the burden that this places on each HOA member, we are also HOA members and also have to pay our portion.

Also, that decision totally discounts the votes of 19 people who voted no.  Not true, the “no”  votes were counted in the tally but were not a majority When ever you change the conditions you are voting on, then shouldn't that be put to a new vote? It seems that some board members are in a haste to get certain conditions fixed We as a group have been communicating on this matter for over a year, does not seem hasty but instead a prudent period. The problem is: Just because there was no majority vote on the first set of conditions, I don't think is right for the board to have discounted all votes that were not for option A or B, and then, as a board, decide what to do.  Disagree, the Board is entrusted to undertake to act responsibly in the duty of protecting our common interests, which is what has occurred. With a majority vote (again over 79%) to proceed, the Board is doing just that.

I AM WILLING TO GO ALONG WITH WHAT EVER THE HOME OWNERS DECIDE AS A MAJORITY. BUT IT IS WRONG FOR THE BOARD TO SAY WE DO NOT HAVE A MAJORITY VOTE, THEREFORE WE WILL DO THIS. NO. THEN THE NEW SET OF CONDITIONS NEEDS TO BE PUT OUT AND A NEW VOTE TAKEN. The lack of a majority was on the options to pay for the mandate that the HOA provided to the Board, i.e. undertake the needed and necessary repairs. Without a majority vote on a financing option, the Board had no choice but to levy the Special Assessment under the CCR’s.

Any light you can shed, or feel free about discussing, would be greatly appreciated.

Harry Zinser: Unit 85

Please feel free to contact any Board member should you have any further questions.

Management Committee Memo

Date:  4.2.2012

To: Owners at Lakeside Village

Update:

1. Deficiency repairs –
1. The vote to perform the “Must Do” items was carried with a 79+ percentage.
2. Special Assessment letters have been sent out with some payments already received. All payments are due no later then May 31, 2012.
3. Due to cash flow and the interest to better manage the construction efforts, the contract with C Wilder Construction was ‘suspended” effective march 15, 2012 for some period of time. Some “finish up work has been ongoing after this date. We expect to resume the work in 60 to 90 days but it is not certain at this time. Cody Wilder is to furnish the following reports:

i. Work performed

ii. Work started but incomplete

iii. Work remaining

iv. Schedule of work durations for work remaining

4. An independent inspector/project manager will be hired on an hourly basis to inspect the work performed and to verify the work remaining and the budgets for that work. In addition, this person will work with the contractor on a schedule of the work to help with the rental/occupancy issues that have been faced in the past in completing the work.
5. A special accounting “chart of accounts” has been created to track the income (Special Assessment payments) and expenditures

2. Property management – as many know, the contract for property management with Lakeside Resort Properties was terminated effective 3.31.2012. A Request for Proposals has gone out to several management companies in order to get bids for this effort at LSV. We expect all responses by April 3, 2012 and a selection will be by the Board no later than April 18, 2012. It is expected that the new company will start on or before June 1, 2012. Valin is leading this effort with support from other Board members and LSV Owners. In the interim, Dominick Guida who is well known by the Owners of LSV as he has experience with our property from Kier and LakeSide resort Properties has agreed to step in and act as property manager in the interim. Thanks Dominick!

3. Reserve Study – Western Architecture has been working with Anita and Gail on the Reserve Study and also a routine and preventive maintenance schedule. We expect the final report out in the next few months. This Study will allow the Board to review the income and reserves needed for our HOA fees.

4. Mt Sewer and Water – lots of action by the ad hoc committee on the purchase of Mt Sewer and Water by a new owner and also the fees being requested through the Utah Public Service Commission of the users of this system of which LSV is the largest user by a large factor. A Special Assessment and increase in rates has been submitted and is being hotly contested by the ad hoc committee which also includes Ray Allen and Bob Kimball. This aspect is outside our control and we are awaiting the decision of the PSC. Needless to say, no one is happy with this situation but we have had the same rates for over 12 years, seems reasonable that some increase is warranted but the effort to mange and minimize this affect is one that has many sides.

5. New Website and Blogs – we would encourage you to visit the new website ad read the blogs to stay informed!

6. It is intended to have a HOA wide conference call/meeting to bring everyone up to date and to allow for questions to be asked in that format. Not expecting any items to vote on but as an informative meeting/call. Look for details coming soon.

David Hayes (signature on file)

On behalf of the Management Committee

Lakeside Village

Homeowner Post re: Special Assessment

From: Harry Zinser [mailto:zinsers@sbcglobal.net]
Sent: Monday, March 19, 2012 1:19 PM
To: Valin Miranker
Cc: Harry Zinser; Anita Oliveri
Subject: LSV

Valin: Congratulations for having attained that great positon of being on the LSV board. Are you having fun yet? My wife and I own Unit 85. I try to keep in touch with going ons through Anita.

The latest round of voting has me a bit puzzled and I am not sure I understand the math (really the thinking) that ended up with a one time assessment for a 300 K loan.

Also, why does that assessment have to paid by May? or whatever date was. Did anyone on board consider that some owners may not have retired with a spike in their last year's pay or a golden handshake? I find that decision rather presumptuous.

Also, that decision totally discounts the votes of 19 people who voted no. When ever you change the conditions you are voting on, then shouldn't that be put to a new vote? It seems that some board members are in a haste to get certain conditions fixed. The problem is: Just because there was no majority vote on the first set of conditions, I don't think is right for the board to have discounted all votes that were not for option A or B, and then, as a board, decide what to do.

I AM WILLING TO GO ALONG WITH WHAT EVER THE HOME OWNERS DECIDE AS A MAJORITY. BUT IT IS WRONG FOR THE BOARD TO SAY WE DO NOT HAVE A MAJORITY VOTE, THEREFORE WE WILL DO THIS. NO. THEN THE NEW SET OF CONDITIONS NEEDS TO BE PUT OUT AND A NEW VOTE TAKEN.

Any light you can shed, or feel free about discussing, would be greatly appreciated.

Harry Zinser: Unit 85