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.
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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
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7 comments:
Let me help you out right now. I will not sign a contract with the city to maintain an area that I cannot have a gate to. I don't mind taking care of the parkstrip out by my driveway, but I'm not loading my lawnmower up in my car to drive it out of the subdivision just so I can mow the City's parkstrip. If I'm not allowed to have access to it -- it ain't mine.
I am not asking a potential home buyer when I sell my house to sign such a document. Honestly, I think it would be a lot easier to sell them on a worthless HOA that costs around 10 dollars a month.
What part of this am I missing? Is the City saying one cannot put a gate in their private fence to allow access to 1300N? And why might I ask would a personnel gate be a problem anyway. Now vehicle gates would negate the intent of access onto 1300N for sure. All the homes face away from 1300N which was a stipulation when Ivory developed the Subdivision and none of them do. I doubt the intent was not to every access the part of a property owner's property even with the landscape strip and the abutting property owner has always had to maintain the City's R-O-W along their property frontage. In thiscase it owuld also incldue the "rear frontage" as well. I do not have a contract with the City to maintain mine, it is a City ordinance that requires me to do that. Not permitting gates in private fences seems to be beyond the purview of the City regardless of what they might think.
WayneG
Or maybe Anonymous should have had some foresight that eventually, 177 people would get tired of paying money to take care of another ones property and negotiated a gate at the time of sale.
My paying to mow YOUR lawn and maintain YOUR property is no different then me paying someone to wash YOUR car or clean YOUR house. I get stuck with a bill that I get no benefit from. There is no return on my dollar and you get all of the benefit.
Hey anonymous, you bought a house with property that you don't have access to, not my fault, I didn't give you the house, I didn't make any special arrangements for you to purchase that house yet I am stuck with your bill. Step-up or get out.
I live in Phase II, there is no common area associated with phase II. I have to walk three blocks to get to the common area and I am the one who volunteered to come and spray your weeds at not cost to you or the association. I have stepped up. If I can go that far to take care of your weeds, you can sure get off your butt and push a mower around the block.
Shane Rasband
Guess you should have had the foresight not to buy into an HOA then, Shane. Or maybe you should have bought one of the lots within walking range of our beloved shared parkstrip.
Go bury your head in the sand a little more, will you? Good luck spending your money on court costs to get removed from the association that you opted into. You had ample opportunitiy to make things better but you are only content with complaining about how bad they are. To hell with stepping up and trying to make a difference, am I right?
I am under no obligation to sign a paper of indemnity with the city, that wasn't in my Ivory contract.
So I guess now I get to be a pain in your backside and all just because I can. Life's a bitch, isn't it?
You want out of this HOA, I suggest you put your house on the market.
Board of Director's, I revoke my offer to do weed control for the common area as it appears that the property owners, along 1300 North, don't want anyone but HOA to care for their property.
Shane
So what exactly are we accomplishing here?
I'm with Wayne in that we need to get solid information on what the City is saying about these 18 properties along 1300 N. If we can get gates put in and possibly move out the fence, I wouldn't have such a problem with taking care of the stupid park strip.
It appears that there is a new city ordinance that makes the homeowners along 1300 North responsibly for their own property and not the HOA.
From the last city newsletter:
“Trees: The Ordinance protects all city trees in parks and on other city property and reiterates the requirement that any individuals wishing to plant a tree in the park strip must come in and get a permit. This is a no fee permit and will allow the applicant to acquire the list of trees that are allowed in the park strip. The City is trying to insure that the trees planted will not eventually lift the curb and sidewalk.
The Ordinance also addresses park strip trees that were required as part of a subdivision. In some subdivisions, the developer was required to install trees as part of the development. These trees are protected by this ordinance and it is the homeowner’s responsibility to maintain the health of these trees.”
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