- Edward Takacs attended the Clinton City Council meeting on 23 Feb. 2010. To find out the position of the city council about disbanding the HOA.
- Edward Takacs and Mike Scales meet with Mr. Lynn E. Vinzant. He is the Assistant City Manager / Community Development Director for Clinton City. If anyone wants to contact him for more information. His contact information is Clinton City Corp. 2267 North 1500 West Clinton, Utah 84015. www.clintoncity.net Phone (801) 614-0740 Fax (801) 614-0752 Cell (801) 710-6366. Or you can reach him by e-mail: lvinzant@clintoncity.com.
Lexington Estates HOA Special HOA meeting Clinton Elementary School 25 March 2010@7pm
- 38 Homeowners present.
-Edward Takacs presented the information that was gained from both meetings mentioned above and read the following to those that were present.
I. History
A. This HOA was created by Ivory, and each homeowner signed a paper upon buying their house, stating that there was an HOA.
B. Ivory recorded this HOA and its CC&R’s.
C. Granted Ivory did not run this HOA, matter of fact they forgot about it, due to their internal problems.
D. But they did meet the requirements of the Clinton city and turned it over.
E. We now have this mess that was created by Ivory/Clinton city.
F. This HOA has been a mess, you can blame it on whatever you want, but those that are original homeowners did sign a paper that there was a HOA.
G. Those 2nd and 3rd owners, I am sorry you did not get the right information when buying your house, but that is something you need to take up with your Title Company and or previous owner.
H. We have 3 basic options that we will present to you. The board members have been in contact with Clinton City Council to ask if there is a possibility of disbandment. The board has a lot of information for the homeowners on these issues and for the homeowners to make an informative decision on these issues.
II. (1)-Maintaining the HOA.
A. Pro’s
1. Maintenance of the landscape easement is taken care of.
2. Some control of how the neighborhood looks.
3. Relatively low fees for maintaining HOA.
4. Having people run a board.
B. Con’s
1. Having an HOA.
2. Having fees.
3. Getting people to run the board.
a. Getting people to show for the meeting.
4. Having someone tell you to upkeep your yard.
a. Don’t forget the city has its own rules that you need to keep.
III. (2)-Disbanding the HOA.
A. Pro’s
1. Not having an HOA.
2. Following Clinton City ordinances.
B. Con’s
1. Time of homeowners/board to do this.
2. Cost of disbanding the HOA.
a. Need to hire a lawyer to make sure all is legal.
- Not sure of cost.
b. Creating a package to be recorded with City and or County.
- About $10.00 per page.
c. Requiring 178 homeowner’s signatures.
- Hopefully can do this as a list of all signatures. Then the board can sign a single sheet of disbandment.
- About $10.00 per page to be recorded.
- If not then we need 178 separate pages with proper signatures with notary.
- About $10.00 per page to be recorded.
d. Requires a notary.
- Not sure of cost.
e. Getting with City and County to insure all is legal.
- Time from homeowners/board to get with City and County.
- Changing plats if need be.
- Not sure of cost.
f. Getting 18 homeowners to agree to take on the reasonability of the upkeep of their portion of the landscape easement.
- 18 signed and notarized documents.
- About $10.00 per page to be recorded.
- Drafting up 18 documents to be recorded against the 18 homeowner’s title that live along 1800.
- Not sure of cost to write this up.
- About $10.00 per page to be recorded.
g. Getting 178 homeowners to pay their portion of this bill.
IV. (3)-Being a non-functioning HOA
A. Pro’s
1. No fees being collected.
2. Everybody does what they want.
3. Following Clinton City ordinances.
B. Con’s
1. No HOA taking care of landscape easement.
2. Following Clinton City ordinances.
a. If any portion of landscape easement not taken care of.
- Clinton city will place a sign on that portion giving about 30 days for the Lexington Estates HOA to fix.
- Clinton city will place a public notice in newspaper for the Lexington Estates HOA to fix.
- About $200.00; to be shared between 178 homeowners.
b. If the portion of landscape easement is not fixed.
- Clinton city will come in and fix it.
- Not sure what the cost will be.
- The cost will be shared between 178 homeowners.
c. Clinton city will then file a nuisance tax lien against each homeowner (178) in the HOA.
- Coat to file a nuisance tax lean is $170.00 per lot.
3. Which means in cost to each homeowner;
a. Portion of $200.00.
b. Portion of fixing landscape easement.
c. $170.00 for filing nuisance tax lean.
4. Something to think about.
a. If this happens and a week or month later another part of the landscape easement is not taken care of, this process starts all over again.
b. This means another tax lien against each one of us.
V. Questions and Answers Time.
- Thanks to one of the homeowners who volunteered to take the meeting notes, and then volunteered to type them up and e-mail them to me. Thank-you again.
- When I receive them I will post them.
- There were not enough homeowners present to place this to a vote.
-- Homeowners were asked to come back again between 6:30-8pm to the Clinton Elementary School parking lot to place a vote
- Meeting was adjourned about 7:45pm.
Lexington Estates HOA Special HOA meeting Clinton Elementary School 25 March 2010.
- Voting options are: (1) Maintaining the HOA. (2) Disbanding the HOA. (3) Being a Non-functioning HOA.
- 44 homeowners showed up to place a vote.
-- Total Votes for (1) is 12
-- Total Votes for (2) is 31
-- Total Votes for (3) is 1
- With this vote, the HOA Board will contact a lawyer to gather the information needed to disband the HOA. We will also try to find out the cost. This information will then be brought before the homeowners before we proceed further.
-Thank you for your support and coming out to the meeting and the voting.
- The Lexinton Estates HOA Board
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4 comments:
Well I agree in principle with what the outcome so far. I cannot agree that there is a danger of the City placeing a lien against us individually if the easement is not maintained any more than any of you are all liable for my parkstrip. If there is no Hoa, the City would come after the abutting property owner not us as a group. I think we need to talk to a Title
Company and let them handle getting the proper documents recorded to elminate the HOA and CCR's. They have the expertise to pull this off in accordance with the vote of the membership at the meeting.
The water line issue can be solved by tying into one of the adjacent homeowner's sprinker system as has been sugessted before. Then call the Secondary water company to have them cut off the 2 inch meters. I think Joe has accepted this challenge before.
See you all when the snow stops.
WayneG
PART 1:
April 6, 2010
Clinton, Utah
84015
Lexington Estates HOA
% Edward Takacs, (acting board president)
2451 W 1340N
Clinton, Utah 84015
Dear Ed:
It has been 13 days since the last HOA meeting and vote to disband Lexington Estates HOA. In
reviewing the HOA blog today, I see no updates as to whether this process is moving forward in a
timely manner or if a lawyer has been contacted to process the paperwork. As previously
mentioned both Shane Rasband and myself have either on the HOA blog or in person given you
accurate information as to the disbanding process. This is a matter between Lexington Estates
homeowners and Davis County and has nothing to do with the scare tactics that were received
though Mr. Vinzants from Clinton City. The city is actually a party, as we all now know, to the
problems that exist today.
The Issue:
On January 10, 2010, Mr. Shane W. Rasband delivered a witnessed letter to the then board
president Jennifer Dicou. On January 11, 2010, Earl E. Green sent a similar letter by certified
mail to Jennifer Dicou at the requested Post Office Box mailing address in Clearfield, Utah. The
certified letter was never picked up and was returned to the sender. On four subsequent days,
there were attempts to hand deliver this letter. On February 5, 2010, Jennifer Dicou accepted this
letter.
The Request:
Both letters outline several grievances concerning the way the HOA has functioned and operated.
The letter challenges the legality of the boards actions including their appointed and non-elected
positions. Two violated Federal Statutes concerning Privacy and Collections are referred to. We
now know that only a state or local statute concerning collections has been violated and
technically no federal Privacy statute has been violated. A deadline of 90 days or three months
from January 15, 2010 was given to receive documents and correspondence removing our
properties from the HOA or legal action will be taken against the HOA. In less than 10 days, the
90 days will have expired as of April 15, 2010. As of today, April 6, 2010, there has been no
correspondence or reply from the Lexington Estates HOA Board.
PART 2:
The Consequences:
There has been time invested with legal counsel to clarify our position. This is a serious matter to
us and we hope to you also. This letter is written under advisement but without legal costs so as
to lesson the cost impact and legal expenses. We are willing to forgo the filing of the lawsuit for
60 days from April 15, 2010 if the board can demonstrate that timely and consistent effort and
movement is progressing towards disbanding the HOA, filing the proper papers, and obtaining a
lawyer to handle the legal aspects. All this and the total disbandment should not take any longer
than 60 days. This good faith demonstration should be posted to the blog and a copy sent to
Shane Rasband and Earl Green by April 15, 2010.
A second way to forego the filing of this lawsuit is to comply with the requests of our letters
mentioned above by April 15, 2010. We have been advised to expect a notarized statement to
our approval signed by all current and former board members and presidents, including a
representative of Froerer Corporation even though they are no longer the management company.
The Lawsuit:
If it comes to the filing of a suit, there are several contentions. All of them will not be given here
but the major remedies to be sought will. All remedies will be directed to all current and past
board members/presidents.
1. All fees fraudulently collected since the HOA boards placement and without an approved
budget will be returned by the board to the homeowners who paid them. **
2. Punitive damages according to Utah state or local Fair Collections Act will be sought.
4. Punitive damages against the total board membership past and present will be sought in the
amount often (10) times the total amounts collected as fees since the HOA's inception not to
exceed $250,000.00.
5. All legal fees and court costs of the complainants will be included in the suit.
6. ** All settlement amounts will be divided among all Lexington Estates homeowners with the
exception of HOA board members/presidents, accordingly on a pro-rated percentage based upon
each homeowners financial contributions to the costs of the lawsuit initiated by Shane W.
Rasband and Earl E. Green.
Please give consideration to the foregoing and respond by Apri115, 2010
Sincerely:
Shane W. Rasband
Lot 121
1477 N 2340 W
Clinton, Utah 84015
Ph. 801-525-6572, 801-528-2989 Email srasband@gmai1.com
Earl E. Green
Lot 129
1486 N 2340 W
Clinton, Utah 84015
Ph. 801-710-4133
Email crossfire1486@hotmail.com
Event happened on April 7th, 2010
***********************************
HOA Acting President, Ed Takacs, just dropped off all of the letters that were delivered to his home to mine. He referred to the correspondence as ‘HOA silliness’ and said that he could not hang onto, nor deliver, the letters because they were not addressed to him.
The letters that were delivered were addressed to HOA Board Members, past and present. They contained an 'Intent to Sue' and should be available to all parties involved.
It is now the Board members responsibility to contact Ed Takacs to have him make a copy of the contents of the envelopes.
Shane Rasband
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