— Survey during October 2019
| WITH COMPILED VOTES |
THIS SHORTENED SURVEY TAKES THE PLACE OF THE SEPT. 20th LONG VERSION.
KINDLY PRINT THE SURVEY TO ANSWER THE TEN QUESTIONS.
DEPOSIT COMPLETED SURVEY IN LOT 38 MAILBOX.
OUR HOA AND BOARD REQUIRE HOMEOWNER WATCHFULNESS.
VOTE FOR EACH ISSUE WITH AN “X” AS INSTRUCTED BELOW. RETURN BALLOTS BY MONDAY 10/07/19
ISSUE 1…. MARK ONLY ONE X IN ONE MARGIN BOX ON THE LEFT
| 100% | The board shall not deny participation to any homeowner in “good standing” who desires to join in on any committee or to be listed on the Annual Meeting Ballot. |
| The board can deny participation to any homeowner they don’t like or who sees policy or issues differently from the officers, or for any other reason they make up. |
ISSUE 2… MARK ONLY ONE X IN ONE MARGIN BOX ON THE LEFT
| 100% | Individual board trustees shall be available to talk and discuss any concern Homeowners voice outside of a board meeting. There shall not be restrictions to communication between the board trustees and all the Homeowners. |
| There will continue to be NO allowed communication from the Homeowners directly to the Trustees. All Homeowner communication shall be via email to Model HOA or via writing a “Ticket” thru the board’s website, though these methods have truncated communications and minimized information shared by the board with the Homeowners. |
ISSUE 3… PARCEL “V” AN UNTITLED “black hole” PARCEL AND PARCEL “Q” THE CREEK EASEMENT, HAVE NEITHER OWNERS, A REGISTRATION I.D. NUMBER, NOR A TAX I.D. NUMBER. THESE PARCELS SIT SIDE BY SIDE ON THE CORNER OF SILVER SPRINGS DRIVE AND MEADOWS CONNECTION.
MARK ONLY ONE X IN ONE MARGIN BOX ON THE LEFT
| 100% | I am voting “YES“ to allow the Lot 17 Owners to Annex Parcel “V” for the sake of common sense and to close this unwarranted, frustrating for Lot 17, debate. Don’t add it to SSSF! Ownership of a ‘Common Area” has notable legal implications to our HOA CCRs that have not been communicated to us the Homeowners. No known benefit to HOA ownership. |
| Allow our SSSFHOA trustees to pursue this “black hole” parcel though they have not provided a reason to do so. Costs will be: weekly maintenance, irrigation system, monthly water costs, landscape improvements, liability insurance for a parcel next to a creek will be high, the legal contest for ownership. $12,000 for first year, for surveys and legal fees; landscaping. Etc. |
ISSUE 4… Bylaws establish how meetings are held, what constitutes a quorum, nominations to candidacy on ballot; election and voting rules, powers and duties of trustees, trustee meetings, process for removal of trustees from office, etc. This description demonstrates the importance of Bylaws.
MARK ONLY ONE X IN ONE MARGIN BOX ON THE LEFT
| 100% | I agree and support the established process of keeping the Bylaw’s functions transparent and not allowing trustees in office to make changes without the consent and ratification of our Homeowners. Highly important: Add ratification of the Bylaws by Owners to the SSSF CCRs. |
| The board can make secret changes to the Bylaws without the consenting vote of Owners. |
Issue 5…. The HOA CCRs, Compliance Rules, and Architectural Standards, create too many opportunities for the board to issue violations and fines. Any rules and restrictions the Home Owners are held accountable to uphold or be charged penalties for failures or lapses to do so, that can lead to legal action, liens and foreclosures, these documents shall be pre-approved by a ratification vote by a majority of the Home Owners at the SSSFHOA Annual Meeting. This includes the Master Association Rules for use of the Lakes and Parks
MARK ONLY ONE X IN ONE MARGIN BOX ON THE LEFT
| 100% | I support the Rights of Owners to participate in creating and approving rules that include how violations and penalties are launched. Changes to be approved at each Annual Meeting. I support the Rights of Owners to disagree and contest violations, and to ratify rewritten rules. |
| I support the board trustees to administer rules and violation penalties without Owner input or acceptance of hundreds of Rules in several documents. |
ISSUE 6…. ELECTION OF CANDIDATES TO REPLACE THREE TRUSTEE’S WHO HAVE COMPLETED TERMS.
MARK THREE X’s FOR THREE CANDIDATES ONLY in the 3 MARGIN BOXES . MORE THAN THREE MARKS ENTIRELY DISQUALIFIES CANDIDATE VOTES ON YOUR BALLOT.
IF YOU ARE WRITING-IN A NAME NOT LISTED, COUNT THAT NAME(S) AS ONE OF YOUR THREE VOTES.
| 100% | HUNT WILLIAMS – Incumbent |
| 82% | JESSICA WILTSEE |
| 6% | BRIAN MEGREGAN (withdrew) |
| 37% | CHRIS BACHMAN (SSL Editor) |
| 0% | MIKE COLLETT |
| 0% | TRACY TANNER |
| WRITE-IN CANDIDATE NAME | |
| WRITE-IN CANDIDATE NAME |
NOTE: Sept. 17, 2019 letter from Model HOA: “The first meeting of the 2020 board of trustees will commence following the adjournment of the 2019 annual meeting. The selection of board officers from among the newly elected and remaining trustees will take place.” 2008 Articles of Incorporation.: The candidate with the most votes is to become the new board president. We admonish you to choose well the new trustees.
ISSUE 7.A… COVENANTS, CONDITIONS & RESTRICTIONS New Title: “Amended Declaration of CCRs for Silver Springs Development Subdivisions (hereafter “Declaration”) … evidenced …by the Silver Springs Single Family Homeowner’s Association (hereafter “Association”)” compiled and revised by board members, calling it the ”As Is” 1994 CCRs. The term “As Is” Reddy uses in his email comes from sales agreements that notify the buyer there is no express or implied warranty on the sale. The buyer therefore takes the goods or property at his or her own risk, without recourse against the seller for condition, content, or performance. Reddy’s use of this term for these CCRs gives me cause to wonder what is “the risk”, what will be given up, or what is meant by “with all its faults”, or “without warranty of approvable content”, without oversight? CCRs provided with a hasty ballot request from Reddy.
The 1985 Homeowners did NOT approve of maintaining a connection with the Developers documents and agreements from 1979 through 1985. What is being forgotten is that on the Summit County record Page 273 “All Declarations relating to the Silver Springs Development Subdivisions were repealed” at the October 14, 1985 Annual and Incorporating Meeting of the SSSFHOA as Entry 244975 in Book M370. I encourage you to vote: NO, I DO NOT APPROVE (of the board’s “As Is”1994 mishmashed CCRs). It is important for each household to Vote to avoid the detriment to Homeowners produced by a Replacement Meeting . The challenge is to disapprove of these “G.I.G.O.” CCRs by a count of more than 96 owners (or 51%). Remember for the January 2019 vote we had 105 Owners vote “NO”. We can beat that number.
MARK ONE or TWO X CHOICES within the FIVE MARGIN BOXES
CHOOSE THE DIRECTION YOU THINK WILL BE THE MOST BENEFICIAL FOR OUR SSSF NEIGHBORHOOD.
| 6% | Do not change anything. Wait for the NEW 2020 board of trustees to provide curative, transparent, unbiased leadership with new, concise, simplified documents. |
| 12% | My choice is Homeowners Annotated CCRs This Declaration is posted online. Incorporated is the Homeowners 2018 input at eleven meetings and via email , etc. These CCRs return the table on the origin of authority back to the HomeOwners. |
| 58% | NO! to reviving without Homeowner input the “As Is” 1994 “Development Subdivisions” CCRs Reddy wants us to hurriedly, unceremoniously accept without discussion. We don’t want a back road detour that takes us to the Developers 1979-1994 documents, unratified by Owners. |
| 24% | Yes! to Dissolving the current SSSFHOA and its outdated Developer’s 1979-1994 mishmashed documents ; deteriorating HOA elections and Member distrust of the board. Begin with a clean slate, with new unadulterated Charter documents written specifically for our present-day SSSF Neighborhood of privately owned Single Family homes that do not include amenities nor common areas. Keep it Simple. Make our neighborhood happy again. |
ISSUE 7.B… BYLAWS – Amend the Adjourned “Replacement “ Meeting language found in the 1985 Bylaws Article III Meetings of Members. Section 2 Annual Meetings; followed by Section 5 Quorum.: Fifty-one percent (51%) or more of the Members in good standing present in person or by proxy shall constitute a quorum for any and all purposes, except in situations in which express provisions require a greater vote. In the absence of a quorum, the meeting shall be reconvened within 30 days, allowing Members at least two (2) weeks’ notice of meeting and providing proxy forms, at which time it shall reconvene and ANY NUMBER of Members in good standing present at such subsequent meeting, in person or by proxy, SHALL CONSTITUTE A QUORUM. Members in good standing shall be defined as an owner who has kept current in paying of his/her association fee obligations not exceeding 90 days of delinquency. At any such adjourned meeting held as set forth above, ANY BUSINESS may be transacted which might have been transacted at the meeting as originally noticed.” Low attendance has occurred at Annual Meetings (with as few as 5 or 12 Owners) with disappointing outcomes for Homeowners. Also this now accepted no majority quorum provides little motivation to trustees to get busy collecting ballots from the Homeowners, this practice allows them to pass pretty much any rules or fines they have conjured. It is an unproductive cycle we need to end.
MARK ONLY ONE X on ONE MARGIN BOX
| 100% | I agree the Bylaws Article 3. Section 5 Quorum requirement shall be the same for the adjourned Replacement meeting as for the Annual Meeting. |
| I agree, any number of Members, even if only 2 or more are present at such Replacement meeting, in person or by proxy, shall constitute an election and CCR changes “quorum”. |
ISSUE 8… UNDERDRAINS are named DRAINAGE FACILITIES in the CCR Reddy wants you to approve. Drainage facilities come up 7 times in Article IX. In January 2019 the majority of HOMEOWNERS voted for the sixth time to not include the underdrains in our CCRs. The board is bypassing our votes by again including the underdrains into their latest “As IS” CCRs. IS IT LEGAL for the board to spend HOA funds for a system the Homeowners DO NOT OWN, and have voted repeatedly to not involve the SSSF HOA in repairs to PRIVATE PROPERTY? Link to the Homeowners vs Board Dispute over the UDs.
Link : For the more extended explanation see the original version of this survey ballot.
MARK ONLY ONE X IN ONE MARGIN BOX ON THE LEFT
| 97% | NO ONE HAS THE RIGHT TO FORCE THE LIABILITY FOR UNDERDRAINS THEY DO NOT OWN ONTO THE HOME OWNERS WITHOUT OUR CONSENT! That is why the few proponents of the UDs have to receive our majority vote to do so. We shall NOT continue the Underdrain debate with the Board Trustees! THE BOARD MUST END THEIR OBSTINATE BATTLE AGAINST THE RIGHTS OF ALL THE HOMEOWNERS!!! |
| 3% | It seems legally elected trustees should be looking out for the best interests of ALL the Homeowners equally. I trust they will do their duty and due diligence before proceeding. |
ISSUE 9… REMOVAL OF TRUSTEES. SSSFHOA Bylaws Article I. Trustees. Section 3. Removal.
(A rule as far back as the 1985 Bylaws. Article VIII Section 4.) “Any Trustee may be removed, with or without cause, by a majority vote of the Members . The office of a Trustee may be declared vacant by the Board of Trustees … “ You have probably heard Owners talk about getting rid of this or the other “Knucklehead”. Here is our opportunity to clean up the BOT (Board of Trustees).
Write-in Any Trustee names you consider need removal from the board.
| Remove | 29% Paul Reddy |
| Remove | 12% Edy McConnell Celarec |
| Remove |
In case you forgot their names: Paul Reddy, Edy McConnell Celarec, Chris Kautz. Terms expire Oct. 8th 2019 for Elena Gladson, Joan Benson, Hunt Williams. Newly appointed trustee, August 2019, Heinrich Deter (replaced Deb Hartley, who resigned six months ago, 3/14/19). Reddy on board since Fall of 2017.
ISSUE 10… SSSF HOA ANNUAL BUDGET will be an up or down hands vote for Owners in attendance at the Annual 10/08/19 Meeting. Owners not in attendance must inform their proxy holder how to represent their vote.
The board’s 2020 Budget includes increasing the property management company fees by $6,000 (up to $22, 488.). The owner of Model HOA is a Windermere real estate agent, some say that creates a conflict of interest. The board added $6,000 to 2020 for John Richards Law. Added $325 to maintain Parcel “V” a small piece of land our HOA does not own.
–also added $2,000 for an underdrain system our HOA does not own.
IS IT LEGAL for the board to spend HOA funds for a system the Homeowners do not own and have voted repeatedly to not get the HOA involved in repairs to PRIVATE PROPERTY?
-Very Importantly: Summit County has never, and still does NOT, hold any mandate for SSSF to take responsibility for the underdrains. To this day Summit County has never required the SSSF to maintain the underdrains or for the HOA to own them. Complex Solutions Dale Gifford told me his 2017 report is merely identifying what Noland told him. No confirmation of association assigned responsibility.
-The Underdrain Committee is divided two to one NOT to proceed with the drain project built on private properties, certainly NOT under the auspices of our SSSFHOA. Only monitor the system as volunteers and assist individual Homeowners should experienced help be needed.
HOA DUES produce an annual income of $70, 500.
In 2019 total expenses are reported at $60,325. Where are the remaining $10,000.???
In the shrouded Contingency Fund for the underdrains…..
MARK ONLY ONE X IN ONE MARGIN BOX ON THE LEFT
| 97% | The board does not have the right to collect funds for a contingency fund for the underdrains. The board trustees should perform their duties as outlined in the Bylaws not hire a property management company to perform the simple, legitimate tasks volunteers can do. Do not run for office if you feel differently. Simply, collect annual dues, make annual payment to MA, and deal with CCRs. That’s all! Model HOA Contract to be transparent and available for Homeowners review. |
| 3% | It seems legally elected trustees should be looking out for the best interests of ALL the Homeowners equally. I trust they will do their duty and due diligence before adding expenditures and proceeding with a continuation with Model HOA. |
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THIS SURVEY BALLOT WILL REMAIN ANONYMOUS . THANK YOU FOR YOUR PARTICIPATION.
We are always working toward informed, honest, equitable, beneficial progress.
KNOWLEDGE IS POWER.
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YOUR LOT NUMBER_____ Phone or Mobile_____________
Owner Name(s)__________________________________
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