11-Dec-2019

Dear Neighbor,

When I was elected to the Gunbarrel Green HOA Board last October, I promised to work towards more sharing of information with the community. I'm sending this update for that reason, and also because I can provide my perspective, which, as you may know, is different from that of the rest of the Board on many issues.

This isn't an official HOA emailing. Although I'm a Board member, I'm speaking only for myself, not for the Board. If you'd prefer not to be on my email list, just click here and I'll unsubscribe you. That won't affect official emails from the HOA, only my own list.

THE BOARD—The HOA President lost her re-election to me, but that didn't make me President, since the officers are chosen by the Board, and the Board hasn't met. The Bylaws state that the Vice President takes on the duties of the President if the President is absent, but I don't think that happened, so we don't have a leader at all, as far as I can determine.

The HOA Secretary has told me that there will be a Board meeting in January, which will make it ten months between meetings, as the last one was in March. I expect that notice of that meeting will go out to the community, and I hope you'll be able to attend, since several important matters will be discussed and possibly acted on. I've been on several for-profit and non-profit Boards, but never one as averse to meeting as this one.

Since my election I've attempted several times to contact the other four members of the Board by email, but, aside from the statement that we'll meet in January, all of my emails have been ignored. I tried to arrange one-on-one meetings with two Board members, but they declined. So, there's been essentially no communication at all between me and the rest of the Board, and no way for me to initiate any communication.

THE ANNUAL MEETING—The draft minutes of the meeting have been posted on the HOA website, so you can read about what happened there. At the meeting the Treasurer stated that she was resigning, but I don't think she actually did.

THE GOVERNING DOCUMENTS MEETING—No minutes have been posted and no update has been sent from the Board or the Governing Documents Committee, so only those at the meeting know what happened. I didn't speak at the meeting, because I had already written up my comments as a four-page memo, which you probably got from me back in October via US Mail.

Nobody other than Board and Governing Documents Committee members had anything positive to say about the draft documents. Attendees were against giving inappropriate new powers to the Board, such as the power to enter a homeowner's property to inspect for covenant violations and even remove structures they think shouldn't be there ("self help"). They were also against more restrictive Covenants. The meeting was led by the Chair of the Governing Documents Committee and the HOA attorney, both of whom were taking notes.

There were two oddities:

I'm not sure how the project is going to proceed. I plan to ask about that at the next Board meeting. The Attorney did say that she was going to take the comments and make a report to the Board or the Committee, or maybe both, and perhaps that will happen at the next Board meeting. I don't know what, if anything, the Committee did after the meeting or is doing now. They might be working with the Attorney, or maybe not.

ATTORNEY FEES—Several community members have said to me privately that they're very concerned about these fees, as I have been for over a year. The Minutes of the March 2019 Board meeting, which I attended, says this: "Marc Rochkind expressed his disapproval of the 2019 HOA Budget line item of $17,000 for revising/restructuring our HOA governing documents (Articles of Incorporation, Bylaws, Covenants), as well as the transparency of this project." And that wasn't for the first or last time.

As of Oct. 10, 2019, $10,355 had been spent on governing-documents attorney fees. I plan to ask at the next Board meeting how much has been spent since then (including payables and time-not-yet-billed). Until then we can only guess, and my guess would be about $15,000 in total. As I've pointed out to the Board many times, if the documents are ultimately voted down because they contain provisions that the community doesn't want, the money will have been entirely wasted.

I'd also like to know who is supervising the attorney and monitoring the associated expenses. It might be the Treasurer, it might be the Committee Chair, or it might be nobody, which means that the attorney has a blank check.

 

It's regrettable that I'm guessing about so much, instead of providing you with facts, but, as I've explained, I'm unable to get any facts, even though I'm on the Board. Perhaps that will start to change at the next Board meeting. One way or another, I'll let you know how it goes.

If you wish, please send your comments about any of the above directly to the Board, at gunbarrelgreen@gmail.com. They're probably tired of hearing from me, but they might want to hear from you.

Thanks for your time!

Marc Rochkind
5074 Cottonwood Drive