Silver Springs Community–Charter Docs RE-WRITE

–Charter Docs RE-WRITE

The full 1993 to 1994 completed but not recorded CCR document for SSSFHOA was twenty pages.
The last recorded CCR for SSSFHOA were in November 10, 1994. Entry 419440 containing 6 pages 334-339.
Beginning with this message: The intent of providing this clarification is merely to provide the Association membership, in a single document, with the current contents of the CCR’s governing the Association.”

Silver Springs SF CCRs specious Draft for Review by Members Jan-2017

Silver Springs SF Bylaws Draft for Review by Members version Jan-2017

Silver Springs SFHOA – Silver Springs CCRS Declarations Draft Reviewed by Members 03-2017

NEW INFORMATION AND COMMENTS CAN BE MADE ON
FACEBOOK — SILVER SPRINGS COMMUNITY

The SSSFHOA Board is planning to form a committee to re-write in 2015 the SSSFHOA Administration Rules documents, viz., the Articles, Bylaws, and CCRS.

Hovey told Lucy Archer in September 2014 he was selecting her to head this re-write committee, “…after all, who has spent more time collecting all our documents, archiving and pouring over them, and documenting the areas that need clarification and updating?”

Utah Code – Title 16 – Chapter 06a – Utah Nonprofit Corporation Act Section 16-6a-206. “Bylaws. (1c) if neither the incorporators nor the board of directors have adopted initial bylaws, the Members, if any, may adopt initial bylaws. (2) The bylaws of a nonprofit corporation may contain any provision for managing the business and regulating the affairs of the nonprofit corporation that is not inconsistent with law or the Articles of Incorporation, including management and regulation of the nonprofit corporation in the event of an emergency.”

Archer has an offer from a SSSF resident attorney who will work with the homeowner committee to update our documents without cost to Association members.

-Hovey asked for R.F.P. (Request for Proposal) bids from outside attorneys to re-write the SSSF documents.
The final selection has become a way of again bypassing Homeowner input.

The firm selected by Hovey provides the predominant service of DEBT COLLECTORS. Subscribing to an 18% interest rate, no negotiable or waive-able fees (without regard to hardship situations or Owner protests on board actions), liens on homes, and quick foreclosures. Does the law firm selected sound like they are Owner Friendly? Should we allow this fox into our peaceful and neighborly “hen house”? Shouldn’t the Owners be allowed a say in the selection of who is going to write our neighborhood rules, what tone they should present, and to insure the new documents will be written to protect the homeowners, not to give board members unlimited, punitive powers over the Owners?

Request for Proposal Bids:

From Sam Bell of Bell Law — $3,500. entire contract on one page. Has provided pro bono advice to the SSSFHOA Owners since 2008.

From Michael B. Miller of Vial Fotheringham — $1,400 review of existing documents and the production of the Owner ballot. On two pages details fees for work performed by associates and paralegals at lower rates. www.vf-law.com provides many helpful articles, classes, and assistance to owners and board trustees. Date of requested RFP was October 2, 2014.

From Robert Rosing of Morris-Sperry — Beginning cost $7,000. with five (5) pages of additional hourly fees (6 pages total). Expiration date of RFP bid is September 2, 2014. This bid’s details should have been discussed with the 70 Owners in attendance at the 2014 Annual Replacement meeting (instead of giving Noland a full hour to present the underdrains and the storm drains, an issue that was elected by the Owners to be on this night’s ballot to “Ignore the Underdrains”, also Owners, during neighborhood meetings had produced “Compiled: A Few Facts to Consider Before Voting” another item ignored by the 2014 Board.

The dates on these bids seem to suggest that Morris-Sperry was given a priority to reply while the other two were requested at a later date.

Without fanfare or Homeowner participation, Hovey selected Robert Rosing and the Board, as trained to do, bobbed their heads in unison. Rosing explained that our current documents are in “bad shape.” That is with amendments recently misinterpreted to support the interests of certain individuals rather than the entire Association membership. Rosing said it has been difficult for him to advise the Board on how to enforce and reconcile the latest accepted revision with Noland and Hovey’s underdrain agenda. Since around 2009 the boards have been misconstruing the intent of our Association documents, the underdrains are NOT in any versions or amendments; Hovey seeks to include statements made between 1979-1982 by the developer’s SSEast HOA. Throw in the mess created when Gunter and Hovey recorded the developers HOA as DBA of our Silver Springs Single Family HOA, and ignore the history of Silver Springs East and the organization of our SSSF HOA on October 14, 1985. And to ignore the letter by first SSSFHOA Board President Dale Boschetto (1985-1989) regarding the underdrain issue. Yes, this HOA does have quite a mess!

It is not our documents that are in bad shape; it is the individuals that have been elected to uphold them that are creating interpretation issues and who want to manipulate the content.

It is stated that there has to be a vote of 67% of the homeowners to adopt the re-written documents. The way our boards have been operating the last several years can we rely on a legitimate or verifiable vote count? Check the Minutes for election controversies in 2008, 2010, 2013 – to name some examples. [The Home Page, Minutes and Budget pages of this Community website have been hacked a number of times to remove content. We try to reinsert content as time allows.]

On January 15, 2015 a newsletter was sent by the Communications chairperson to the SSSFHOA Owners providing this information:

Newly elected Lisa Kirchenheiter will be heading the Documents Rewrite/Communications Committee. You can reach her at 435-729-0222 or [email protected]. You may remember that the Homeowners Committee for “Ignore the Underdrains” gave Lisa full support and in a number of emails and distributed fliers asked Owners to vote for Lisa for the November 3, 2014 election to the SSSFHOA Board. Lisa said she has not been welcomed on to the board by “her colleagues,” the existing Board members.

The Nov 3, 2014 Minutes state that a series of meetings will be held with the Homeowners to discuss and explain the new CCR documents. Rosing added that State HOA law requires 67% vote of acceptance from ALL the Homeowners before the new documents can be adopted and enforced.
Tracey Douthett Lindon was recently installed as the chairperson of the CCRs Re-Write Committee. Who else is on this “committee”?

The October 6, 2015 ten pages of information for the October 20, 2015 Association Annual Meeting were delivered to each Homeowner. The information delivered does not mention the Re-Write of the CCRs, what their status might be, and when the series of meetings will be held with the Homeowners to discuss and explain the new CCRs documents.

NOTE: The Proxy the Homeowners received for the 10/20/15 Annual Meeting is written to make it seem the Homeowners must appoint an agent who will be present at the meeting to vote in their stead. If the Homeowner does not know anyone who is attending said meeting the Homeowner is told to “leave the appointment section of the proxy blank and the Board of Trustees will vote your proxy.”
The option to give your vote to the Board is not a safe bet and gives the Board unreasonable power to continue to work the agenda that focuses on a few property owners and does not benefit “the entire tract and ALL the Homeowners.”

This important choice for voting by Proxy was not included:
“Should a Homeowner be unable to attend the Annual Meeting, and does not want to designate an agent, nor the Board, to represent him/her on other Association business conducted during the meeting, the Homeowner can write on the “Please print name” line, the words “NO AGENT ASSIGNED.”

IMPORTANT: Delivering a Proxy Ballot before the deadline contributes to the majority count for the Annual Meeting thereby not allowing a Reconvened Meeting to take place. At a Reconvened Meeting “any number of Members in good standing present at such subsequent meeting, in person or by proxy, shall constitute a quorum…. any business may be transacted which might have been transacted at the meeting as originally noticed.” https://www.silverspringscommunity.com/wp-content/uploads/1985-bylaws-sssf.pdf

At a Reconvened Meeting Budgets, Arch Rules, actions by the BOT, etc. no matter how frivolous or inappropriate can be passed and included in the HOA body of transferred authority. I have attended Annual HOA Meetings with as few as 17 members/lots voting. At the October Annual meeting between 50% to 66 2/3% of the 188 lots is required to pass anything. Don’t allow disenfranchisement of your private real property rights, always send in your Proxy.

This Article III Section 5. Quorum should have been amended decades ago, however, the BOT finds it as a convenient means to do as they please regardless of the affect and consequences to ALL the Home Owners. Also sending a Proxy with a vote only for individuals you know and trust diminishes the number of votes for faulty candidates. As a caution cross out the names you are not voting for. Sending in a Proxy with “No Agent Assigned” removes the ability of the BOT to use a Home Owners Proxy to pass damaging and libelous rules and actions from becoming mandatory.

1979… Developers’ Documents Recorded for Corporation Entity 726027-0140 –Now for Fallacious Use:

1985… Silver Springs Single Family Documents for Corporation Entity 8926368-0151

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January 23, 2017 – Morris Sperry – Silver Springs Declarations Draft for Review by Members Jan-2017

February 5, 2017 – Morris Sperry – Exhibit B – SSSFHOA-Bylaws-DRAFT-Members-ver-01-12-2017

March 2, 2017 – Morris Sperry – Silver Springs CCRS Declarations Draft for Review by Members 03-2017

Charlatans attempt to sell snake oil to SSSF Homeowners. Look for updates at: https://www.silverspringscommunity.com/our-community/silver-springs-sf/admin-rules-re-write/
Discussion of 2017 Draft Declaration/CCRs points out how these documents steal Homeowner private property rights, encumber Homeowners with an outmoded drainage system, how Homeowners will lose peaceful enjoyment of their property from the over-reaching rules and violations that will spawn fines, lead to blanket liens on all the subdivision’s homes, and will accommodate lawyer foreclosure proceedings.

The unsanctioned underdrain committee chair (since 2006) and the re-write CCRs committee chair ( since 2015) are the same man. And as the continuous chair of both of these committees he combined the developers 1979 HOA documents into the SSSF HOA Draft CCRS. He did this to justify his claim that the underdrains are to become the SSSF Home Owners liability. He has taken over the Mitchell Memorial Park negotiations only to flounder them. And he orchestrated the May 2018 HOA Survey. This man has not been elected by the Homeowners. The Trustees have allowed him, as a volunteer, to take over the most important issues and committees of the Board. The SSSF Home Owners voted in 2008 for the rewrite of the Articles of Incorporation to completely separate the Developers’ HOA from the SSSFHOA. In 1984, 1995, 2008. and 2014 the Homeowners voted for the Board to “Ignore the Underdrains. ” The Board Trustees refuse to follow Homeowner instructions to NOT take on this costly liability.

Link to March 2, 2017 Meeting: Minutes: Owner Meeting to discuss the Specious Morris & Sperry CCRs

Link to Morris & Sperry Draft: March 2, 2017 – Unfinished Revision link: Silver Springs CCRS Declarations Draft for Review by Members 03-2017

Morris & Sperry law firm has walked away from continuing to work with this dual chairman. The board has now been working with a new law firm, an effort to insist that M&S continue the draft documents for our HOA.

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SILVER SPRINGS SINGLE FAMILY HOMEOWNERS
January 22, 2017: BOT (Board of Trustees) sent an email to the Homeowners to announce their attorneys at Morris & Sperry had completed the DRAFT of the SSSF (Silver Springs Single Family) HOA Bylaws & CCRs, Homeowners need to carefully read their work with a few guidelines in mind before approving their 48 page CCR DRAFT and 15 page DRAFT Bylaws. Since no links and no hardcopies were provided to the Homeowners by the Board we are providing links here :

https://www.silverspringscommunity.com/wp-content/uploads/Silver-Springs-Declarations-Draft-for-Review-by-Members-Jan-2017.pdf

FACTS TO REMEMBER re: DRAFT CCRS ARE WRITTEN TO FAVOR THE UNDERDRAINS:

1) The HOA is the HOME OWNERS ASSOCIATION, not the Board of Trustee’s (BOT) Association, not the attorneys association.

2) The BOT is elected to represent the wishes, votes and needs of ALL the Home Owners, not just a “special” few.

3) The Home Owners voted four times, in 1985, 1994, 2008, 2014, to “Ignore the Underdrains.” The BOT has a responsibility and fiduciary duty to fully inform the Home Owners, without censorship, of all the facts and provide a cost analysis regarding this neighborhood dispute, and to follow the wishes and votes of the Home Owners. The BOT website overlooks volumes of relevant information necessary to make enduring, sound decisions and to alleviate potential liabilities and costs to the Land and Home Owners. Link to November 11, 2014 underdrain map, find your property. Count of lots indicates 50% with underdrains, 50% without.

What will the re-write of the SSSF Home Owners CCRs include that ultimately helps a very few while placing the majority in jeopardy and liable for costly outcomes? The Morris Sperry DRAFT of the SSSFHOA Article 4 subsection 4.2(b) will place the liability and cost of repair of the long abandoned 1979 underdrains onto individual Home Owners. These costs can be enormous. If you fail to pay underdrain discretionary fines and assessments, Morris & Sperry have prepared the CCRs to give them the right to place a lien on your property. Be Informed, read them to understand these dangerous, binding documents. Vote NO!

LINK TO CCRs 2017 DRAFT Silver Springs Single Family 48 page DRAFT for Re-Write of CCRs on January 23, 2017:

https://www.silverspringscommunity.com/Silver-Springs-Declarations-Draft-for-Review-by-Members-Jan-2017.pdf

January 23, 2017 – Morris Sperry – Silver Springs Declarations Draft for Review by Members Jan-2017

February 5, 2017 – Morris Sperry – Exhibit B – SSSFHOA-Bylaws-DRAFT-Members-ver-01-12-2017

March 2, 2017 – Morris Sperry – Silver Springs CCRS Declarations Draft Reviewed by Members 03-2017

March 11, 2019 Meeting Report

“I do appreciate Paul’s efforts, I’m a bit confused as to why he went ahead and wrote his own version of our CCRs since (to my understanding) it was decided to have the Communications Committee send out a survey within a couple of weeks from this meeting and use that as a starting point for the CCR re-write. How can he alone rewrite this document? Also, I thought it was voted on by the board members to send out the survey and at the next board meeting on May 23 the results of the survey would be delivered to the Re-write CCRs committee to produce recommendations to the board. What Paul is doing is not correct he is not following protocol. This is somewhat confusing and frustrating.” From a” Concerned Silver Springs resident”

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From: Paul Reddy
Date: Wed, 27 Mar 2019 10:46:47 -0600
Subject: Compiled CC&Rs

All –

I spent some time over the last few days to compile our current CC&Rs into a readable format. I started with the original (1979) Declaration, and built it up to the current version by flowing each of the recorded amendments and changes through the document. The result is attached.

My version almost exactly matches the compiled CC&Rs put together by the 1994 Board of Trustees, with two minor differences noted in my draft, and the fact that I didn’t bother to track all the recitals and recording references.

The 1994 compiled version is not on our website, but it is available on Lucy’s website. The fact that these two documents were prepared independently but agree so closely gives me a high degree of confidence that they are accurate. I don’t have a record of any amendments to the CC&Rs being recorded since 1994 (although previous boards adopted rules for collections, communications, etc. that augment the CC&Rs). [See Supplementary Declaration of CCR for Little Lake, Plat D at Silver Springs Single Family HOA recorded on January 16, 1997 Summit County Recorder Entry 473068.]

So here’s my question – should we post these compiled CC&Rs to our website so that owners can reference it? [This compilation compiles the Developers documents within the SSSF failed documents. Expunge all.] Or post the 1994 version now on Lucy’s site? We would need to caveat whatever we post to make sure everyone understands that it is not a substitute for the actual recorded legal documents.

Thoughts?

Paul Reddy

This is how Paul Reddy’s compiled version 10.Current CCRs Without Recitals 3-2019-3-27.pdf for the SSSF HOA begins:

As Amended, November 17, 1994 [!!!]

This clarification of the Covenants, Conditions and Restrictions has been prepared by [the 2019 Silver Springs Single Family Homeowners Association Board of Trustees] for the Association membership. In no case is this clarification meant to replace the [Developers 1979] official documents that are recorded at the Summit County Recorder’s Office. The intent of providing this clarification [why clarify the Developers SS East Master Association documents? All those declarations up to 1985 were repealed in Summit County Recorder Entry 244975 Book 370 Page 273 recorded 1/16/1986 as Amended Declaration to Covenants, Conditions and Restrictions for Silver Springs Development Subdivisions [now known as the Master Association] is merely to provide the Association membership, in a single document, with the current contents of the Association’s CC&Rs. [The CCRs and their contents that the boards’ since 2014 have been paying attorneys to replace.]

Paul’s “clarification” document is 18 pages. The 2019 Home Owners New Declaration is also 18 pages without any of the Developers ancient history. Have you checked it out?

September thru December 2018 Letters for SSSF Homeowners:

–1 – WE HAVE A SERIOUS DECISION TO MAKE on Oct. 9, 2018 PPES

–2 – HOMEOWNERS’ HOA OR BOARD’S HOA OR NO HOA? (9/21/2018)

–3 – OPTING OUT OF OUR HOA (9/27/2018)

–4 – SAVE OUR NEIGHBORHOOD GROUND WATER: REJECT UDs 10/1/2018

–5 – FOLLY OF DISCHARGING GROUND WATER WITH UNDERDRAINS

–6 – CALLAHAN CLOSER LOOK AT RICHARDS LAW DRAFT CCRs 10/01/2018

–7 – WHAT YOU MISSED AT THE 10/2/2018 TOWN HALL MEETING 10/2/2018

–8 – NON-OWNER OCCUPANCY VS S.B. 147 RENTAL CODE 10/2/2018

–9 – HOW THE HOA DISSOLUTION WILL BE CONDUCTED 10/7/2018

–8 – THE DIFFERENCE BETWEEN A BALLOT AND A PROXY 10/10/2018

–10 -WE NOW HAVE TRUSTEES ATTENTION 10/13/2018