- Addison Larreau (801) 771-7026 / Melissa (Sectary) (801) 622-5866
- Coggins, Larreau & Lythgue, PC 289 24th St. Suite 150 Ogden, Ut
-- Appointment on 27th of April at 11am.
-- Mike and I met with Addison Larreau, and we were told that we would have to have 100% of 178 homeowners agree to disband and or change CC&R’s (which means 178 notarized statements of agreement signed by the mortgagee). If just one homeowner does not want to disband then we can’t. Also if we did get all 178 homeowners to agree to disband this HOA, and one of the homeowners along 1300 N does not take care of their section of the landscape easement, Clinton city can still and will most likely post notice on the property and place a notice in the newspaper to fix the area within a certain time frame. If not repaired by that time the city will divide the repair cost to all 178 homeowners with a tax lien against each property (to include newspaper notice, cleanup, time /cost incurred by the city, etc).
-- Another option is to go to court and have them decide what the best course of action is. This can be tricky because, again it comes down to how many homeowners want an HOA (and it does not take a high number to sway the court usually). This can also be very expensive, court cost, attorney cost, time from work and family, ect. This is also to disband the HOA and the city still has right of the landscape easement appearance.
-- Another way is to have paperwork from the city to turn over the landscape care to each homeowner who owns a part of the landscape easement, for them to sign and then record it with the county against their deed. Then we will need 100% of 178 homeowners agree to disband (178 notarized statements of agreement). Even if we went this route and one homeowner does not take care of their piece of the park strip a tax lien can be levied against all 178 homeowners as previously stated.
-- Addison Larreau referred us to a Celeste Canning. He said she has a lot more experience with these cases because she has dealt with both city and the developers in establishing HOAs and working with them on legal matters. He thought she would have more knowledge and experience with our situation.
- Celeste Canning (801) 612-9299 / Dawn (Sectary)
- 2590 Washington Blvd. Suite 200
-- Called and left a message to call me back.
-- Returned our call. Set up an appointment for 6 May 2010 @ 3:15pm (The soonest they had open).
-- First 30 Min. free, then $175.00 an hour after that.
-------------------------------------------------------------------------------------
We have an appointment with Celeste Canning to discuss our HOA’s current situation. I will post more information to the blog and depending on what we have to do we will use those who sign up to help if anything needs to be distributed. Once you get this e-mail can you spread this information to your neighbors so they can be more aware and provide input. Also check with the HOA Blog for information, lexingtonhoaboard.blogspot.com Thanks for your patience and help and more to come as soon as we speak to Mrs. Canning.
Respectively,
Lexington Estates Board
Wednesday, April 28, 2010
Friday, April 23, 2010
More updates on the Lexington Estates HOA Disbandment
We had a very good informal HOA meeting with those neighbors that showed up. Thank you for your time. One of the things talked about was to try to save money on the landscaping. One our neighbors volunteered to spray a week killer in our landscape easement. Also if we could as a neighborhood look at this area and help pick it up and pull some weeds. This would save us money that we would have to pay to have done. So, if you are out and about on your afternoon/evening walk, go down our landscape easement and pick a few weeds. If we all pitch in, this area will look great.
We have contacted several attorneys to get info about our disbandment.
- Richard Jones (801) 479-4777 4605 S. Harrison (46th & Harrison) Ogden, Ut
-- He was in a meeting at the time of this call. Left a message for him to call back.
-- He called me the next day and I was out at the time. I returned his call and he was out, left another message that I would be home rest of the day and that he could call me back. Have not heard from him.
-- Finally got a hold of Richard Jones. This firm cannot represent us at this time. His partner works with Clinton City for legal stuff. They have been in contact with the Clinton city about our HOA. There for this would be a conflict of interest.
- Michael D. Murphy (801) 525-1754 in Kaysville
-- Does not deal too much in HOA’s, but gave me a referral to a Josh Yeates.
- Josh Yeates
-- Not sure where his office is located; phone number not in service.
- B&B (Justin C. Bond/Alison D. Bond) (801) 779-9230 2405 N. Hill Field Rd. Layton, Ut
-- Talked to Justin Bond and he told me to drop off our CC&R’s and they will look at them to understand what we have going on. Then meet with us to discuss our options. He would read over our CC&R’s at no cost.
-- Stopped by their office and dropped off copy of our CC&R’s. Alison Bond asked some general questions about our HOA. She will read over the CC&R’s and call us to discuss our options and costs.
-- Called and left a message for Alison. I set up an appointment for the 26th of April at 4pm to discuss our options. They will call back.
-- Alison Bond called back. She did some research and found out; to dissolve the CC&R’s and then the HOA we would need 178 homeowners to agree (100% votes to yes disband the HOA). Also the city would have to agree with the disbandment and its conditions of the disbandment concerning the landscape easement. When we reach this point she can help us disband.
- Bailey Steven R. in Ogden
-- Does not deal with HOA’s.
- J.D. Poorman (801) 621-4101 3856 Washington Blvd. Ogden, Ut
-- Waiting on a return phone call.
-- Called again and left a message for them to call me back.
- Le Baron & Jensen PC (801) 773-9488 476 W. Heritage Park Blvd. Layton, Ut
-- They wanted an apt. to read over our CC&R’s and then talk with us. Cost is $75.00 for this first visit.
- Burningham Brent M. (801) 547-9555 563 W. 500 S. Suite 240 Bountiful, Ut
-- He was in a meeting at the time of this call. Left a message for him to call back. Have not heard from him yet.
-- Called back next day. Talked with him about our HOA. He charges about $225.00 an hour. Thinking about $3000.00 to $6000.00 depending on what needs to be done. Thinking it should take about 6 weeks to have everything done, again depending on what needs to be done. He is willing to work at a fixed rate, again he would need to review our CC&R’s and meet with us to gain more information before he comes up with the fixed rate. Off the top of his head somewhere around $5000.00 depending on what needs to be accomplished.
- Chad McKay (801) 621-6021 2650 Washing Bluv. Ogden, Ut
-- Was not open at the time of this call, but left a message, waiting for a call back.
-- Called 3 times. Finally spoke to him and his basic charges are $65.00 for the first consult. Then charges $250.00 per hour after that.
- Addison Larreau (801) 771-7026 / Melissa (Sectary) (801) 622-5866
- Coggins, Larreau & Lythgue, PC 289 24th St. Suite 150 Ogden, Ut
-- Called and left a message to call me back.
-- Returned my call and I was at work. I called back and he was in with a client. Left a message to call me back.
-- Melissa called back (sectary to Addison). She said that we need to make an apt. and bring our CC&R’s with us. They would waive the $50.00 consult fee. She said that the attorney sets the fee rate. Depending on what needs to be done he goes by a flat rate or hourly. I e-mailed out CC&R’s to her, and she would give them to Addison to review. We are trying to find a time to meet with him to go over the info about disbanding and the cost to our HOA.
-- I called back and set an appointment on 27th of April at 11am, it was the soonest they had open.
- Paul H. Olds (801) 394-5526
- Farr, Kaufman, Sulliran, Jensen, Olds & Nichols LLC 205 26th St., Suite 34 Ogden, Ut-- Called and left a message to call me back.
-- He returned my call and I was at work. I call him back but no answer. Left a message to call me back.
-- Was out and will not be back until Monday, so I left a message to call me back.
-- They returned my call and I was at work. I called and no answer, so I left a message to call me back.
-- I called and he was out of the office. Left a message for him to call me back.
-- He called back and we talked. He would need to read our CC&R’s to give us better advice. He charges $200.00 an hour. $1500.00 retainer and about 7 hours of work/research into our HOA and CC&R’s, prep documents and give us council and advice.
-- He told me typically HOA’s have some kind of common area. It can range from something like ours to club house or park type stuff. Each homeowner has a vested interest in that common area. Weather the feel they do or not. No matter if it is something big or small.
-- Also he said that when a city works with a developer in the development of a neighborhood, the city had a vision of what they wanted for that area, and we should get with the City Planner/Commissioner to find out if the city would relinquish the rights to the landscape easement, and if so what is needed to do so.
-- Also he thinks we should contact at a minimum the 18 homeowners who have that property in question, to find out if they are willing to take on the responsibly of the upkeep. But typically to change the CC&R’s or dissolve an HOA you would need all homeowners vote to disband, if you cannot get 100% then you cannot disband. Again he would have to read our CC&R’s to know if this would apply to us.
-- He is willing to work/help us to disband or whatever we need to do.
-------------------------------------------------------------------------------------
After our meeting with Addison Larreau on the 27th of this month, we will hire an attorney and proceed with the disbandment of our HOA. I will post more information to the blog. Depending on what we have to do we will use those who sign up to help. Thanks for your help.
Once you get this e-mail can you spread this information to your neighbors so they can show up and get this information also.
Also check with the HOA Blog for information, lexingtonhoaboard.blogspot.com
Thanks for your patience and help.
Lexington Estates Board
We have contacted several attorneys to get info about our disbandment.
- Richard Jones (801) 479-4777 4605 S. Harrison (46th & Harrison) Ogden, Ut
-- He was in a meeting at the time of this call. Left a message for him to call back.
-- He called me the next day and I was out at the time. I returned his call and he was out, left another message that I would be home rest of the day and that he could call me back. Have not heard from him.
-- Finally got a hold of Richard Jones. This firm cannot represent us at this time. His partner works with Clinton City for legal stuff. They have been in contact with the Clinton city about our HOA. There for this would be a conflict of interest.
- Michael D. Murphy (801) 525-1754 in Kaysville
-- Does not deal too much in HOA’s, but gave me a referral to a Josh Yeates.
- Josh Yeates
-- Not sure where his office is located; phone number not in service.
- B&B (Justin C. Bond/Alison D. Bond) (801) 779-9230 2405 N. Hill Field Rd. Layton, Ut
-- Talked to Justin Bond and he told me to drop off our CC&R’s and they will look at them to understand what we have going on. Then meet with us to discuss our options. He would read over our CC&R’s at no cost.
-- Stopped by their office and dropped off copy of our CC&R’s. Alison Bond asked some general questions about our HOA. She will read over the CC&R’s and call us to discuss our options and costs.
-- Called and left a message for Alison. I set up an appointment for the 26th of April at 4pm to discuss our options. They will call back.
-- Alison Bond called back. She did some research and found out; to dissolve the CC&R’s and then the HOA we would need 178 homeowners to agree (100% votes to yes disband the HOA). Also the city would have to agree with the disbandment and its conditions of the disbandment concerning the landscape easement. When we reach this point she can help us disband.
- Bailey Steven R. in Ogden
-- Does not deal with HOA’s.
- J.D. Poorman (801) 621-4101 3856 Washington Blvd. Ogden, Ut
-- Waiting on a return phone call.
-- Called again and left a message for them to call me back.
- Le Baron & Jensen PC (801) 773-9488 476 W. Heritage Park Blvd. Layton, Ut
-- They wanted an apt. to read over our CC&R’s and then talk with us. Cost is $75.00 for this first visit.
- Burningham Brent M. (801) 547-9555 563 W. 500 S. Suite 240 Bountiful, Ut
-- He was in a meeting at the time of this call. Left a message for him to call back. Have not heard from him yet.
-- Called back next day. Talked with him about our HOA. He charges about $225.00 an hour. Thinking about $3000.00 to $6000.00 depending on what needs to be done. Thinking it should take about 6 weeks to have everything done, again depending on what needs to be done. He is willing to work at a fixed rate, again he would need to review our CC&R’s and meet with us to gain more information before he comes up with the fixed rate. Off the top of his head somewhere around $5000.00 depending on what needs to be accomplished.
- Chad McKay (801) 621-6021 2650 Washing Bluv. Ogden, Ut
-- Was not open at the time of this call, but left a message, waiting for a call back.
-- Called 3 times. Finally spoke to him and his basic charges are $65.00 for the first consult. Then charges $250.00 per hour after that.
- Addison Larreau (801) 771-7026 / Melissa (Sectary) (801) 622-5866
- Coggins, Larreau & Lythgue, PC 289 24th St. Suite 150 Ogden, Ut
-- Called and left a message to call me back.
-- Returned my call and I was at work. I called back and he was in with a client. Left a message to call me back.
-- Melissa called back (sectary to Addison). She said that we need to make an apt. and bring our CC&R’s with us. They would waive the $50.00 consult fee. She said that the attorney sets the fee rate. Depending on what needs to be done he goes by a flat rate or hourly. I e-mailed out CC&R’s to her, and she would give them to Addison to review. We are trying to find a time to meet with him to go over the info about disbanding and the cost to our HOA.
-- I called back and set an appointment on 27th of April at 11am, it was the soonest they had open.
- Paul H. Olds (801) 394-5526
- Farr, Kaufman, Sulliran, Jensen, Olds & Nichols LLC 205 26th St., Suite 34 Ogden, Ut-- Called and left a message to call me back.
-- He returned my call and I was at work. I call him back but no answer. Left a message to call me back.
-- Was out and will not be back until Monday, so I left a message to call me back.
-- They returned my call and I was at work. I called and no answer, so I left a message to call me back.
-- I called and he was out of the office. Left a message for him to call me back.
-- He called back and we talked. He would need to read our CC&R’s to give us better advice. He charges $200.00 an hour. $1500.00 retainer and about 7 hours of work/research into our HOA and CC&R’s, prep documents and give us council and advice.
-- He told me typically HOA’s have some kind of common area. It can range from something like ours to club house or park type stuff. Each homeowner has a vested interest in that common area. Weather the feel they do or not. No matter if it is something big or small.
-- Also he said that when a city works with a developer in the development of a neighborhood, the city had a vision of what they wanted for that area, and we should get with the City Planner/Commissioner to find out if the city would relinquish the rights to the landscape easement, and if so what is needed to do so.
-- Also he thinks we should contact at a minimum the 18 homeowners who have that property in question, to find out if they are willing to take on the responsibly of the upkeep. But typically to change the CC&R’s or dissolve an HOA you would need all homeowners vote to disband, if you cannot get 100% then you cannot disband. Again he would have to read our CC&R’s to know if this would apply to us.
-- He is willing to work/help us to disband or whatever we need to do.
-------------------------------------------------------------------------------------
After our meeting with Addison Larreau on the 27th of this month, we will hire an attorney and proceed with the disbandment of our HOA. I will post more information to the blog. Depending on what we have to do we will use those who sign up to help. Thanks for your help.
Once you get this e-mail can you spread this information to your neighbors so they can show up and get this information also.
Also check with the HOA Blog for information, lexingtonhoaboard.blogspot.com
Thanks for your patience and help.
Lexington Estates Board
Saturday, April 10, 2010
Update on the Lexington Estates HOA Disbandment
We have contacted several attorneys to get info about our disbandment.
- Richard Jones (801) 479-4777 4605 S. Harrison (46th & Harrison) Ogden, Ut
-- He was in a meeting at the time of this call. Left a message for him to call back.
-- He called me the next day and I was out at the time. I returned his call and he was out, left another message that I would be home rest of the day and that he could call me back. Have not heard from him.
-- Called 3rd time and left another message. Still have not heard back from him yet.
- Michael D. Murphy (801) 525-1754 in Kaysville
-- Does not deal too much in HOA’s, but gave me a referral to a Josh Yeates.
- Josh Yeates
-- Not sure where his office is located; phone number not in service.
- B&B (Justin C. Bond/Alison D. Bond) (801) 779-9230 2405 N. Hill Field Rd. Layton, Ut
-- Talked to Justin Bond and he told me to drop off our CC&R’s and they will look at them to understand what we have going on. Then meet with us to discuss our options. He would read over our CC&R’s at no cost.
-- Stopped by their office and dropped off copy of our CC&R’s. Alison Bond asked some general questions about our HOA. She will read over the CC&R’s and call us to discuss our options and costs.
- Bailey Steven R. in Ogden
-- Does not deal with HOA’s.
- J.D. Poorman (801) 621-4101 3856 Washington Blvd. Ogden, Ut
-- Waiting on a return phone call.
- Le Baron & Jensen PC (801) 773-9488 476 W. Heritage Park Blvd. Layton, Ut
-- They wanted an apt. to read over our CC&R’s and then talk with us. Cost is $75.00 for this first visit
- Burningham Brent M. (801) 547-9555 563 W. 500 S. Suite 240 Bountiful, Ut
-- He was in a meeting at the time of this call. Left a message for him to call back. Have not heard from him yet.
-- Called back next day. Talked with him about our HOA. He charges about $225.00 an hour. Thinking about $3000.00 to $6000.00 depending on what needs to be done. Thinking it should take about 6 weeks to have everything done, again depending on what needs to be done. He is willing to work at a fixed rate, again he would need to review our CC&R’s and meet with us to gain more information before he comes up with the fixed rate. Off the top of his head somewhere around $5000.00 depending on what needs to be accomplished.
- Chad McKay (801) 621-6021 2650 Washing Bluv. Ogden, Ut
-- Was not open at the time of this call, but left a message, waiting for a call back.
-- Called 3 times. Finally spoke to him and his basic charges are $65.00 for the first consult. Then charges $250.00 per hour after that.
- Addison Larreau (801) 771-7026
- Coggins, Larreau & Lythgue, PC 289 24th St. Suite 150 Ogden, Ut
-- Called and left a message to call me back.
- Paul H. Olds (801) 394-5526
- Farr, Kaufman, Sulliran, Jensen, Olds & Nichols LLC 205 26th St., Suite 34 Ogden, Ut
-- Was out and will not be back until Monday, so I left a message to call me back.
-------------------------------------------------------------------------------------------------
We are calling several more attorneys in our area while we wait for some call backs from the ones we have called already. We are also following up on information given to us from friends and co-workers about attorneys who do this work.
Due to some concerns of the neighborhood about cost. We are waiting to hear from some more attorneys to get their cost and time frame to complete the disbandment of our HOA. We would like to hold a HOA meeting with the neiborhood to discuss the options we have and then proceed to a full disbandment. To give everyone time to make some arrangements with their schedules, we would like to meet on the 22 April 2010, at the park behind the West Clinton Elementary School at 7pm. There is a bowery there and a play ground if needed. If the bowery is being used we will just meet next to the parking lot by the park. This should not take too much time to present the information. Then we can contact an attorney and move forward with this disbandment.
Thanks for your patience and help.
Lexington Estates Board
- Richard Jones (801) 479-4777 4605 S. Harrison (46th & Harrison) Ogden, Ut
-- He was in a meeting at the time of this call. Left a message for him to call back.
-- He called me the next day and I was out at the time. I returned his call and he was out, left another message that I would be home rest of the day and that he could call me back. Have not heard from him.
-- Called 3rd time and left another message. Still have not heard back from him yet.
- Michael D. Murphy (801) 525-1754 in Kaysville
-- Does not deal too much in HOA’s, but gave me a referral to a Josh Yeates.
- Josh Yeates
-- Not sure where his office is located; phone number not in service.
- B&B (Justin C. Bond/Alison D. Bond) (801) 779-9230 2405 N. Hill Field Rd. Layton, Ut
-- Talked to Justin Bond and he told me to drop off our CC&R’s and they will look at them to understand what we have going on. Then meet with us to discuss our options. He would read over our CC&R’s at no cost.
-- Stopped by their office and dropped off copy of our CC&R’s. Alison Bond asked some general questions about our HOA. She will read over the CC&R’s and call us to discuss our options and costs.
- Bailey Steven R. in Ogden
-- Does not deal with HOA’s.
- J.D. Poorman (801) 621-4101 3856 Washington Blvd. Ogden, Ut
-- Waiting on a return phone call.
- Le Baron & Jensen PC (801) 773-9488 476 W. Heritage Park Blvd. Layton, Ut
-- They wanted an apt. to read over our CC&R’s and then talk with us. Cost is $75.00 for this first visit
- Burningham Brent M. (801) 547-9555 563 W. 500 S. Suite 240 Bountiful, Ut
-- He was in a meeting at the time of this call. Left a message for him to call back. Have not heard from him yet.
-- Called back next day. Talked with him about our HOA. He charges about $225.00 an hour. Thinking about $3000.00 to $6000.00 depending on what needs to be done. Thinking it should take about 6 weeks to have everything done, again depending on what needs to be done. He is willing to work at a fixed rate, again he would need to review our CC&R’s and meet with us to gain more information before he comes up with the fixed rate. Off the top of his head somewhere around $5000.00 depending on what needs to be accomplished.
- Chad McKay (801) 621-6021 2650 Washing Bluv. Ogden, Ut
-- Was not open at the time of this call, but left a message, waiting for a call back.
-- Called 3 times. Finally spoke to him and his basic charges are $65.00 for the first consult. Then charges $250.00 per hour after that.
- Addison Larreau (801) 771-7026
- Coggins, Larreau & Lythgue, PC 289 24th St. Suite 150 Ogden, Ut
-- Called and left a message to call me back.
- Paul H. Olds (801) 394-5526
- Farr, Kaufman, Sulliran, Jensen, Olds & Nichols LLC 205 26th St., Suite 34 Ogden, Ut
-- Was out and will not be back until Monday, so I left a message to call me back.
-------------------------------------------------------------------------------------------------
We are calling several more attorneys in our area while we wait for some call backs from the ones we have called already. We are also following up on information given to us from friends and co-workers about attorneys who do this work.
Due to some concerns of the neighborhood about cost. We are waiting to hear from some more attorneys to get their cost and time frame to complete the disbandment of our HOA. We would like to hold a HOA meeting with the neiborhood to discuss the options we have and then proceed to a full disbandment. To give everyone time to make some arrangements with their schedules, we would like to meet on the 22 April 2010, at the park behind the West Clinton Elementary School at 7pm. There is a bowery there and a play ground if needed. If the bowery is being used we will just meet next to the parking lot by the park. This should not take too much time to present the information. Then we can contact an attorney and move forward with this disbandment.
Thanks for your patience and help.
Lexington Estates Board
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