— 2010 Survey Ballot Results
2010 April-June Community Survey Ballot Tally
2010 SURVEY BALLOT RESULTS
PROXY BALLOT
2010 – The Community has had the opportunity to visit the websites, to read emails and fliers, and to attend the MA meetings and ask questions of the board and their attorney. We now are collecting the Community Members votes for issues affecting the Silver Springs Community.
[ ] 1- I vote to recognize the Master Association as the Property Management Non-Profit Corporation recorded in the 1990 Articles of Incorporation. 60% in the affirmative.
[ ] 2- I vote that my subdivision should resign from participation in the MA. 76% in the affirmative.
[ ] 3- I vote the Master Association should be restructured into three parts: Part 1- Condos/Townhomes (w/tennis court), Part 2- General Homeowners (w/park), and Part 3- Lake view property owners (w/lakes). Each Part shall be assessed only for the Common Areas under their jurisdiction, without conflicting with existing individual subdivisions’ Bylaws or CCRs. 89% in the affirmative.
[ ] 4- I vote the MA shall cease to bill the non-lake view owners for lake expenses. The MA is a property management entity only. I do not authorize the MA to raise the annual fees above $75 per year per lot without 66 2/3% General Member vote approval. 91% in the affirmative.
[ ] 5- I vote all Boards’ Minutes and Budgets are the property of the property owners, are to be posted promptly, and exhibit fiduciary duty and transparency of all issues. 100% in the affirmative.
[ ] 6- I vote that expenditures greater than $1000 must comply with the Article III. Section 5A rule being approved by the vote of 66 2/3% of the property owners at the Annual Meeting. 93% in the affirmative.
[ ] 7- I vote my board shall re-write all existing HOA doc Sections that allow the board to act without 50% majority vote of property owners, whether present or by proxy. (Delete “any number of”) 87% in the affirmative.
[ ] 8- I vote my HOA board cannot sue or foreclose against any homeowner. An arbitrator or mediator shall handle disputes not resolved between the board and the homeowner. The maximum action against an owner shall be non-interest liens against title to be collected when the property is sold by the owner(s). 93% in the affirmative.
[ ] 9- I vote individual board members can consult an attorney at their own expense. Only in cases of 100% quorum of the MA board can an attorney be hired and only to perform extenuating legal requirements. Any other use of an attorney requires a 50% vote of General Members. 98% in the affirmative.
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The MA BOT has yet to re-write or have ratified the 1990 Draft MA Bylaws provided to them by the Developer as a condition for allowing the Developer to improve his land and provide Parcel H for a Community Park.
MA Bylaws Article XIII Adoption is incomplete. No meeting of the Board of Trustees was held and no vote of adoption was ever taken. Aside from the difficulty of getting each HOA to provide specific language or organizational changes, the last step proves to be problematic due to there never occurring a vesting of the authority of each HOA trustee to bind its HOA to the MA.
The MA BOT persists in their failure to comply with the Summit County agreement requisites for completion.
This vesting failure forestalls oversight of the MA activities, it demonstrates that the dysfunctional MA of Silver Springs continues to assess and collect dues from the various Silver Springs Homeowners so doing while administering without transparency and without authority. This explains much about the Master Association’s surreptitious behavior.
Can this also be the reason why the Meadow Springs subdivision has not transferred their tennis court deed to the Master Association?
[Attorneys Scott C. Welling and Dave Johnson]
There are 512 residential units in the Silver Springs Community. Not all of them are members of the SSMA. There are 4 houses on Walker Court a.k.a. The Springs, another 4 houses on the southwest end of Quail Meadows Drive, and there are 9 townhomes known as Quail Meadows II, for a total of 17 residential units that are not in the SSMA. That leaves 495 SSMA members. Two hundred and twelve property owners submitted survey ballots.
CLAY AND LUCY ARCHER MADE A NUMBER OF ATTEMPTS TO PRESENT THIS INFORMATION TO THE MA BOARD THAT WAS GATHERED FROM THE 495 SILVER SPRINGS COMMUNITY PROPERTY OWNERS BY COMMUNITY RESIDENTS. THE BALLOT RESULTS WERE AT LAST ALLOWED TO BE PRESENTED AT THE END OF THE JULY 13, 2010 MASTER ASSOCIATION MEETING. NO COMMENTS OR QUESTIONS FROM BILL NOLAND OR THE TRUSTEES. BORED DISMISSIVE ATTITUDES, GAZING AT THE CEILING TILES. “THEY ARE INTERESTED ONLY IN DOING THINGS THEIR OWN WAY.”