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

BOD Response to Concerns of Homeowners Post

Concerns of homeowners

1) There are homeowners that have paid for windows replacements and others being paid through HOA. Some owners feel this expense is not an HOA expense and owners will be ok with paying for their owner windows that are actually leaking. There needs to be a clear definition of HOA paid expenses.

As has been discussed in at least two HOA meetings and also during several conference calls; recent Utah legislation has updated the Utah Condo law such that the responsibility of all the exterior surfaces has become that of the HOA. Example, while damage to windows from aspects such as glass cracks or breakage or damage from a bullet remains that of the homeowner. Defective installation, damage due to defects such as cracked frames, improper installation, structural aspects and such are the responsibility of the HOA. Further, many of the window replacements and/or resetting are due to the improper installation as has been documented in the Western Architecture reports. We are getting more information on the Utah legislative aspect and will post that once we have it avaiable.

2) We want an audit completed and available for review by all homeowners as required by CCRs. Firm should not be connected to our board or homeowners. Should be no conflict of interest. This audit should cover 2010 and 2011.

The Board is in agreement that it would be best to get an audit done, however, we have discovered that at no time in the past as an audit been done. Additionally, during the HOA meeting of 2010 this issue was voted on by the HOA and by a majority of the votes, the specific instructions to that Board were to not have an audit performed.

Again, the 2012 Board also agrees that an audit, or as a minimum a review, should be done, at least for the 2011 year as these records are most current. This is a measure that should be voted on by the HOA members due to the expected cost of six to eight thousand dollars. In the near future the Board will ask the HOA members to vote on this matter as the option of a Review should be considered for less then the cost of the Audit.

3) HOA – Needs to come up with a schedule of repairs in order of importance and a regular maintenance schedule. This should include and work within our reserve study. The Board is in agreement and this has been discussed in detail. The Reserve Study was contracted for in January of 2012 and also was to include a site specific planned and preventive maintenance schedule. With the Request for Proposals for the new Property Management company out for bid, it is prudent to see if the company to be selected has a program in place, if not research done by Anita has provided a suggested software program if this schedule needs to be input by the HOA (if the new management company does not have one in place). If we as an HOA have to do the input of the data, we will be looking for volunteers to assist with this process!!

4) HOA-Needs to show financial accountability for funds already spent for maintenance including deficiency repairs and how we manage and account financially going forward. This has been done, at the February 2012 HOA meeting the expenses to that date were indicated and discussed. Further, it is intended to hire a Project Manager to review the work already performed and the work remaining. Additionally the existing contractor has been requested to furnish a list of work completed, a list of work started but incomplete and a list of work remaining as of March 15, 2012. A complete schedule of expenses: contractor, subcontractor and supplier/vendor are being reviewed at so that a report on this matter can be provided to the HOA.

5) The second Vote. What is the rush for a vote on the deficiency list? The annual meeting was supposed to answer questions from the last failed vote. The resolution of many questions during the meeting has not been posted and no minutes have been posted. We did not even have the results of who was our board before we were asked to vote again. Given that this matter has been under discussion for over a year, the characterization of “rush” seems inaccurate. Further there have been significant delays in executing the repairs in order to be as “inclusive” of all the HOA members as possible. The statement of “we did not have the results of who was on our board before we were asked to vote again” is not accurate. The aspect of the Board was transmitted far before the vote was taken.

The aspect of the make up of Management Committee is not linked to the Deficiency Repairs vote, two separate issues.

About the second vote proposed for deficiency list:

We have been asked to vote on raising special assessment funds to do maintenance.

The most recent request from “the board” has a list of items for funding.

From that list there are only 3 items that appear to be related to a possible special assessment:

Item 1) Finish the windows on building 2

Item 2) Stucco repairs from window replacements buildings’ 1-3

Item 13) sewer backup prevention

These items require bids and if needed the owners can vote for a special assessment to fix these items.

As has been discussed in detail during the two annual meetings, several special meetings and conference calls; while some of the aspects needing repairs could have and should have been included in a proper preventative and planned maintenance plan, none existed and so now we all are faced with doing the needed and necessary repairs that were for too long deferred. However, the most significant portions of this matter are clearly the result of construction related aspects such as improper installation, poor material selection and manufacturing issues (cracking frames) as referenced in the Western Architecture reports.

To do these items the owners need to have these questions resolved:

· How will we financially track the special assessment $ As is now done, a separate item on the Accounting Chart of Accounts is being maintained. Some additional reports and detail are to be added and will be under the duties and responsibilities of the new property management company.

· How are we managing the work? Given the original process was to have this done by the on site property manager but that was halted with the termination of the knowledgeable property manager. The use of either a Board member or a specific committee was discussed in detail; ultimately the Board decision is to hire a project manager on an hourly basis to perform the following:

1. Review the work that has been done to date both for quality and completeness

2. Review the work completed against funds spent to ensure that budgets are being tracked properly. The initial work on this is being reviewed by a Board member but we need to engage the project manager in this process along with the Board member.

3. Evaluate the work remaining against the budget

4. Work with the Contractor to develop a specific schedule of the remaining work.

· Who is doing the work (bids to be posted for owners to see the process)? C. Wilder Construction has been performing the repairs to date and coordinating the other subcontractors in a Construction Manager role. It is intended that the subcontracted elements such as backflow preventers, stone work, etc will be competitively bid. It is the intent to competitively bid any work where that delivery method is best suited.

· What is the schedule for completion? As was discussed in the 2012 HOA meeting, it was stated that the work under the Wilder contract be completed in the 11 month contract time frame under the executed contract. Additional aspects are to be completed concurrent with the Wilder contract. This work needs to be scheduled as has been indicated previously.

In order to get a better understanding of what work under the Deficiency Repairs has been completed, what remains incomplete and what is yet to be started and also in consideration of the cost of this work, pending the final vote (now received as instructions to proceed from the HOA) and the desire of the Board to bring in an outside inspector, the contract with Wilder Construction was suspended as of 3.15.12 until such time as more information is available and also the work inspected. This suspension is also a reflection of the length of time it has taken to get the vote authorizing the work to proceed in place and the delay in the needed funding for this work. While it is anticipated that the work will be resumed in the future, more study needs to be completed. This suspension was a Board decision and agreed to by Cody Wilder.

A) Comments from a homeowner concerning items listed in the vote packet:

Comments Regarding Cost of Repairs

For discussion and consideration purposes:

Disclaimer: My comments are simply my opinion with respect to the cost of repairs. In some cases, costs seem excessive. In other cases, It seems to me that some burden of payments rests with the homeowner, though I realize if a deficiency were with my unit, naturally I would want the other owners to share the cost. In our unit, while under warranty (First Year), I went through great pains to get several repairs done, which included shoddy dry wall job, leaking upstairs shower drain, and weathered siding. (On the siding, I was told to leave it, and under warranty, several other units will repaired also. Why did this not happen. Did someone drop the ball??? I know that the builder was still on site when I initially reported the weathered siding by our hot tub. I regret that I did not pursue it on my own. How many other cases are there like that? I don’t fully understand the leaking windows problem, but could damage have been prevented with caulking or mortar to have prevented water damage??? If it’s the windows losing their seal and allowing air to come into the sealed area, that’s a different story. That’s why some of my comments may seem a bit callous. SOME REPAIRS NEED TO BE BORNE BY THE OWNERS.

1. Window repairs: I am reluctant to fund 100 percent of these repairs at cost of the ASSOC. Addressed ealier in this document

2. Siding: Will new pieces match the weathered pieces? If not, what is next step. Once this gets started, it needs to be finished, and the cost could easily double or triple estimated prices. Has anyone seriously persued idea of finding someone who could economically repair them. There are some pretty clever maint. Folks out there. The new pieces will be stained with the original stain color, due to weathering of the existing siding some color variances are inevitable. This is not seen as a large issue as we are also staining the siding where stain has deteriorated and the color variances do not seem to be unsightly

3. Why is stone work and curbing in several different sections. As I quickly go through the list, I see:

16K, and then the 3options on top of that?? That’s a lot of money for stonework. As was discussed in detail during the HOA meeting, special meetings, the schedule of Deficiency Repairs and conference calls; there are several areas where stone repair is needed. Refer to the Deficiency repairs schedule for details. In general, the wall and structural rock work is to be accomplished under the “Must Do” list and the stone work on columns and light poles is being deferred.

4. Item 8: Stone veneer work on chimneys. Cost is listed as 5,000. Does this include labor. Is this cosmetic work on some units? No one asked me about my chimney. Is this the chimney area surrounding the decks, or visible from the front? Couldn’t much of this work be done by a maint. Man on site? Yes on the labor, includes all the siding, chimney work, no on the use of the maintenance man, more of a skilled trade so that we do not have do the same work over in near future.

5. Page 8: labor contract: Why are dates from Aug 2011 to Sep 2011? Certainly we did not pay 85K for one month. If date is supposed to be Sep 2012, we are now 8 months into the contract. I THINK I WOULD HAVE CARDIAC ARREST IF WE HAVE PAID 80 PERCENT OF A CONTRACT WITH NO WORK DONE. SOMEONE PLEASE TELL ME THIS HAS NOT HAPPENED. I CAN LIVE WITH THE OTHER ITEMS. Your fear did not happen. The contract reads from September 15, 2011 thru August 15, 2012.

6. I concur that sewer problems need to be fixed, and responsibility of all owners. P.S. And, I don’t think I am affected, but that is a must to be done.

7. Many, Many, of other repairs, but not all, seems to me, could be done and thereafter repaired by an on-site maint. Man, or perhaps even a summer team from the area. Times are hard, people need work, and this could be an ideal time to reach out to community workers. We help them with a job, they help us get our repairs done at a reasonable cost. While your point is well made, we would still need special trades for skilled work and the proper supervision. Additionally, with Wilder construction we do gain a labor warranty as well as the warranty for the subcontractor work from the subcontractors.

8. Lastly, thanks to the board for tackling a much needed project. But, let’s all be reasonable. 500 K is not reasonable.

This letter was discussed in detail between David Hayes and Mr Zinser, while not a point by point response, please see notes in blue in the letter

How do we as a community proceed?

A) As per a homeowners letter:

Dominic in charge of Lakeside Village Facility as an interim solution starting March 31 until we have CAREFULLY selected a new facilities management company.

Dominic-Oversee that schedules are on track. i.e.: regular maintenance is being done. Needed facility repairs are being done, etc.

Cody-contractor/worker who arranges and does actual maintenance and repairs.

Dominic and Cody should be able to help the community prioritize the items and setup schedules (Dominic knows how successful HOAs’ work and are run. Cody understands what needs to be done, when to can be done, and can save us money with his contacts.)

The Board agrees, thanks for your comments

B) As per many homeowners input:

There is a strong sentiment to pool some funds to an hire attorney to allow homeowners to stop the hoa from any spending. Attorney to setup a sort of protection of our assets. The majority vote of the HOA has instructed the Board to proceed under the “Must Do” list and as no majority for funding needed for a loan was provided, the special assessment mechanism has been voted on by the Board. Again, the majority of votes totaling over 79 percent instructed the Board to proceed. It is clear that there is a mandate to proceed.

These assets are existing accounts - general fund, reserve fund and money market accounts.

In addition we would escrow:

Funds of hoa payments

Funds of special assessment (if a vote to assess passes)

The spending would freeze until we have:

*A new vote for board members that is legally and correctly completed

*Audit completed and available for review by all homeowners. Firm should not be connected to our board or homeowners. Should be no conflict of interest. 6.6 Accounting Records

The treasurer shall keep detailed records of all receipts and expenditures, including expenditures affecting the common areas and facilities, specifying and itemizing the maintenance, repair and replacement expenses of the common areas and facilities and any other expenses incurred. In accordance with the actions of the Management committee assessing common expenses against the units and unit owner, the treasurer shall keep an accurate record of such assessments and of the payments thereof by each unit owner the books and accounts of the Association shall be kept in accordance with generally accepted accounting procedures under the direction of the treasurer. At the close of each fiscal year, the books and records of the Association shall be audited and an audit statement prepared within 90 days by a certified public accountant retained by the Association. The books and accounts of the Association and copies of the annual audited statement shall be available for inspection at the office of the Association by any unit owner, his authorized representative or a First Mortgage holder on any unit during regular business hours and copies of all such books, records and audited statement will be supplied by the Association upon written request

*Reserve study in place and available for review by all homeowners In process and a committee of Owners is working to conclude this study. The Reserve study will allow the HOA to determine what contributions each Owner will need to make for the routine and regular expenses of the community. That is outside of the Deficiency vote.

*Management company or person in place (all bids available for review) In process but not a function of the Deficiency vote

*Schedule of maintenance, available for review by all homeowners Being developed along with the Reserve Study.

*Method of accounting for special assessment $s in place and available for review by all homeowners. This is being done as an expansion of the existing chart of accounts in our accounting system by Kier Management. Further, a report of both work done and budgets is underway and will be issued once complete.

*Have an Attorney draft an updated ccr’s to establish a workable set of conditions on how current and future problems will be fixed by the Assoc. The Board is in complete agreement and has had discussions with the HOA legal Council on this work that is truly needed, both as just an update given the age of some of the CCR”s terms and conditions and to comply with current Utah law. We understand that in or about 2002 the developer offered to undertake this and pay for it, unfortunately that offer was not taken at that time and we as an HOA will now need to pay for this work. In discussions with the Aty, if we as an HOA take some time to review and draft our updates, it will be far less expensive for the HOA then if we just defer all the work to our Aty. The Board is looking for volunteers to undertake the draft updates of the CCR’s.

It is hoped that this response answers some of the pressing questions, we are confident that there will be more questions as time goes along and the blog will be a great method to post any questions and/or concerns.

LSV Homeowners concerns March 2012

Lakeside Village Homeowners concerns March 5, 2012

To the Board and Board Advisers:

Following owners would like the board and board advisers to review our compiled comments and issues as well as possible solutions to issues at lakeside village.

Not all of the folks that commented are listed we are a growing number of concerned homeowners.

Oliveri, representing 13 owners not on this list
Anthony
Debellis
Chapman
Sneddon
Allison
Lindsay
Connard
Foster
Burton
Reed
D.Bartos
R. Bartos
Zinser
Grout
Christensen
Ochsenbein
We total 31 units to date.

Please post our thoughts to our website.
Thank you,
Concerned Lakeside Village homeowners

Lakeside Village Homeowners concerns March 5, 2012

Concerns of homeowners

1) There are homeowners that have paid for windows replacements and others being paid through HOA. Some owners feel this expense is not an HOA expense and owners will be ok with paying for their owner windows that are actually leaking. There needs to be a clear definition of HOA paid expenses.

2) We want an audit completed and available for review by all homeowners as required by CCRs. Firm should not be connected to our board or homeowners. Should be no conflict of interest. This audit should cover 2010 and 2011.

CCRs section 6.6 Accounting Records

The treasurer shall keep detailed records of all receipts and expenditures, including expenditures affecting the common areas and facilities, specifying and itemizing the maintenance, repair and replacement expenses of the common areas and facilities and any other expenses incurred. In accordance with the actions of the Management committee assessing common expenses against the units and unit owner, the treasurer shall keep an accurate record of such assessments and of the payments thereof by each unit owner the books and accounts of the Association shall be kept in accordance with generally accepted accounting procedures under the direction of the treasurer. At the close of each fiscal year, the books and records of the Association shall be audited and an audit statement prepared within 90 days by a certified public accountant retained by the Association. The books and accounts of the Association and copies of the annual audited statement shall be available for inspection at the office of the Association by any unit owner, his authorized representative or a First Mortgage holder on any unit during regular business hours and copies of all such books, records and audited statement will be supplied by the Association upon written request.

3) HOA – Needs to come up with a schedule of repairs in order of importance and a regular maintenance schedule. This should include and work within our reserve study.

4) HOA - Needs to show financial accountability for funds already spent for maintenance including deficiency repairs and how we manage and account financially going forward.

5) The second Vote. What is the rush for a vote on the deficiency list? The annual meeting was supposed to answer questions from the last failed vote. The resolution of many questions during the meeting has not been posted and no minutes have been posted. We did not even have the results of who was our board before we were asked to vote again.

About the second vote proposed for deficiency list:

We have been asked to vote on raising special assessment funds to do maintenance.
The most recent request from “the board” has a list of items for funding.

From that list there are only 3 items that appear to be related to a possible special assessment:

Item 1) Finish the windows on building 2
Item 2) Stucco repairs from window replacements buildings’ 1-3
Item 13) sewer backup prevention

These items require bids and if needed the owners can vote for a special assessment to fix these items.

To do these items the owners need to have these questions resolved:

• How will we financially track the special assessment $s?

• How are we managing the work?

• Who is doing the work (bids to be posted for owners to see the process)?

• What is the schedule for completion?

A) Comments from a homeowner concerning items listed in the vote packet:

Comments Regarding Cost of Repairs
For discussion and consideration purposes:

Disclaimer: My comments are simply my opinion with respect to the cost of repairs. In some cases, costs seem excessive. In other cases, It seems to me that some burden of payments rests with the homeowner, though I realize if a deficiency were with my unit, naturally I would want the other owners to share the cost. In our unit, while under warranty (First Year), I went through great pains to get several repairs done, which included shoddy dry wall job, leaking upstairs shower drain, and weathered siding. (On the siding, I was told to leave it, and under warranty, several other units will repaired also. Why did this not happen. Did someone drop the ball??? I know that the builder was still on site when I initially reported the weathered siding by our hot tub. I regret that I did not pursue it on my own. How many other cases are there like that? I don’t fully understand the leaking windows problem, but could damage have been prevented with caulking or mortar to have prevented water damage??? If it’s the windows losing their seal and allowing air to come into the sealed area, that’s a different story. That’s why some of my comments may seem a bit callous. SOME REPAIRS NEED TO BE BORNE BY THE OWNERS.

1. Window repairs: I am reluctant to fund 100 percent of these repairs at cost of the ASSOC.

2. Siding: Will new pieces match the weathered pieces? If not, what is next step. Once this gets started, it needs to be finished, and the cost could easily double or triple estimated prices. Has anyone seriously persued idea of finding someone who could economically repair them. There are some pretty clever maint. Folks out there.

3. Why is stone work and curbing in several different sections. As I quickly go through the list, I see:

16K, and then the 3options on top of that?? That’s a lot of money for stonework.

4. Item 8: Stone veneer work on chimneys. Cost is listed as 5,000. Does this include labor. Is this cosmetic work on some units? No one asked me about my chimney. Is this the chimney area surrounding the decks, or visible from the front? Couldn’t much of this work be done by a maint. Man on site?

5. Page 8: labor contract: Why are dates from Aug 2011 to Sep 2011? Certainly we did not pay 85K for one month. If date is supposed to be Sep 2012, we are now 8 months into the contract. I THINK I WOULD HAVE CARDIAC ARREST IF WE HAVE PAID 80 PERCENT OF A CONTRACT WITH NO WORK DONE. SOMEONE PLEASE TELL ME THIS HAS NOT HAPPENED. I CAN LIVE WITH THE OTHER ITEMS.

6. I concur that sewer problems need to be fixed, and responsibility of all owners. P.S. And, I don’t think I am affected, but that is a must to be done.

7. Many, Many, of other repairs, but not all, seems to me, could be done and thereafter repaired by an on-site maint. Man, or perhaps even a summer team from the area. Times are hard, people need work, and this could be an ideal time to reach out to community workers. We help them with a job, they help us get our repairs done at a reasonable cost.

8. Lastly, thanks to the board for tackling a much needed project. But, let’s all be reasonable. 500 K is not reasonable.

How do we as a community proceed?'

A) As per a homeowners letter:
Dominic in charge of Lakeside Village Facility as an interim solution starting March 31 until we have CAREFULLY selected a new facilities management company.
Dominic-Oversee that schedules are on track. i.e.: regular maintenance is being done. Needed facility repairs are being done, etc.
Cody-contractor/worker who arranges and does actual maintenance and repairs.
Dominic and Cody should be able to help the community prioritize the items and setup schedules (Dominic knows how successful HOAs’ work and are run. Cody understands what needs to be done, when to can be done, and can save us money with his contacts.)

B) As per many homeowners input:
There is a strong sentiment to pool some funds to an hire attorney to allow homeowners to stop the hoa from any spending. Attorney to setup a sort of protection of our assets.
These assets are existing accounts - general fund, reserve fund and money market accounts.
In addition we would escrow:
Funds of hoa payments
Funds of special assessment (if a vote to assess passes)
The spending would freeze until we have:
*A new vote for board members that is legally and correctly completed
*Audit completed and available for review by all homeowners. Firm should not be connected to our board or homeowners. Should be no conflict of interest.

6.6 Accounting Records

The treasurer shall keep detailed records of all receipts and expenditures, including expenditures affecting the common areas and facilities, specifying and itemizing the maintenance, repair and replacement expenses of the common areas and facilities and any other expenses incurred. In accordance with the actions of the Management committee assessing common expenses against the units and unit owner, the treasurer shall keep an accurate record of such assessments and of the payments thereof by each unit owner the books and accounts of the Association shall be kept in accordance with generally accepted accounting procedures under the direction of the treasurer. At the close of each fiscal year, the books and records of the Association shall be audited and an audit statement prepared within 90 days by a certified public accountant retained by the Association. The books and accounts of the Association and copies of the annual audited statement shall be available for inspection at the office of the Association by any unit owner, his authorized representative or a First Mortgage holder on any unit during regular business hours and copies of all such books, records and audited statement will be supplied by the Association upon written request

*Reserve study in place and available for review by all homeowners
*Management company or person in place (all bids available for review)
*Schedule of maintenance, available for review by all homeowners
*Method of accounting for special assessment $s in place and available for review by all homeowners.
*Have an Attorney draft an updated ccr’s to establish a workable set of conditions on how current and future problems will be fixed by the Assoc.

A Place for Homeowners to Post

This is a Blog for Homeowners to Post letters or messages.