- Celeste Canning (801) 612-9299 / Dawn (Sectary)
- 2590 Washington Blvd. Suite 200
-- Meet with them on 6 May 2010. We were not impressed with them. They basically gave us 3 options. 1) Get 100% vote to disband. 2) Just walk away and see what happens. Not good because then the city gets involved if the landscape easement is not taken care of. 3) Go to court and let the judge decide what is best. He said this would be somewhere around $10,000+, because of court and lawyer fees. Then we are not sure what the outcome will be.
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Went down to the court house and talked to 3 different offices about lot sizes and what do the 18 homeowners own or not own. They could not give me any legal advice about what would or could happen if the landscape easement was not taken care of. Along with other questions I had, they told me to get an attorney to look into our CC&R’s and get with the city to see what is legal or not.
I also talked with Mr. Lynn Vinzant, Assistant City Manager /Community Development Director for Clinton City. My question was, “Can those homeowners put a gate in their back fence along 1300, so they can have access to the area for upkeep?” He thinks it should not be a problem as long as the gate swings to the inside. But he would have to bring this up to the city council to decide on this Tuesday. He asked me to call him back on Wednesday to discuss the answer. – Talked to Mr. Vinzant today. He said that the city will allow homeowners to put gates in if they want. He will be drafting up a document for the homeowners who live along 1300 to sign. Stating that they will upkeep the landscape easement within their property as is it is now. Meaning they would not be allowed to change the look or design of that landscape easement. The city planed that whole area to look that way and want it to look nice and uniformed, per the plat. He has to get with their lawyer and the county recorders to get this done. I will be in contact with him for more information.
Board members have discussed the information we received from the lawyers we have talked with, and feel we need to hire an attorney to go though our CC&R’s and let us know what we can do. Also how to go about doing it legally to make sure all our avenues are covered. Plus have him look into how the city and county falls into this mess. What they can do or not do.
We will hold our HOA Annual meeting on the 8th of June 2010 @ 7pm, at the park behind West Clinton Elementary School. If we do not get 50% or more of the homeowners to show, then we will have our next meeting 24 hours later (per CC&R’s). Which will be the 9th of June 2010 @ 7pm, at the same location. Sorry about holding this meeting at the park, but the Clearfield Library is all booked up. We have some very important information to share with you. Some important topics are: our disbandment, information from our attorney, how the city and county fall into this process, budget issues and concerns, and voting for a new board (Please come and be ready to place your name into the voting, so we as a HOA neighborhood can vote for a new Board of Directors.)
We will be posting flyers to all homeowners sometime soon. We will be calling those who placed their names on the distribution list to help with handing out those fliers.
We will be mailing more detailed information out to the neighborhood when we get it together. This is due to those who may not have access to a computer, and to try to reach everybody in our neighborhood.
I will post more information to the blog when I collect it. 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.
Respectively,
Lexington Estates Board
Thursday, May 13, 2010
Wednesday, April 28, 2010
More updates on the Lexington Estates HOA Disbandment
- 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.
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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
- 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
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.
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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
Friday, March 26, 2010
Special HOA Meeting 24 March 2010
- 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
- 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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