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By Robert Stern:
I realize some don’t care about the rule of law nor do they care about homeowners’ rights, but for those that do please read on.
The General Manager/COO and Board of Directors have violated very specific provisions of Board Policy from the Board of Directors Policy Manual. The disinformation, misinformation and dereliction of duty is obvious.
The bottom line is the COO can only be replaced by a board majority and the board can only be changed practically via elections. And the weaponization of legal counsel and the clear abuse of power demonstrated by the COO and the Board together with elements of the Community that simply support the wrongdoing violates homeowners’ rights and perpetuates bad governance. That doesn’t mean that everything that is done is bad. Clearly there are things that are done right. But to abuse power and violate homeowners basic financial and due process protections is just wrong. They are guilty as charged. The current governance culture needs new blood to replace a bad climate and we shall see if the Community is willing to make a change. If not, the Community deserves the bad governance it has.
Here are elements from the BOD Policy Manual:
1: CHAPTER 1 DEFINED TERMS
Board Policy means a rule or set of rules adopted by the Board which is applicable to future operations of the Association until it is revised or repealed by the Board.
2: CHAPTER 2 D. Services & Assets are managed in a cost-effective manner with few assessments and no special assessments.
3: CHAPTER 3.1 GLOBAL RESTRAINTS on GM/COO. The GM/COO shall not cause or allow any practice, activity, decision which is imprudent or is in violation of the Governing Documents, Board Policy or commonly accepted business practices.
4: CHAPTER 3.4 GM/COO shall not allow financial planning to risk fiscal jeopardy.
The Board with GM/COO assistance planned for deficit financing for YORKTOWN GRILL that clearly risks MILLIONS of $$ which certainly risks fiscal jeopardy by any reasonable definition, in violation of the board’s own policy.
The 2023 Assessments per budget were raised 25% and provided for a later possible special assessment as the Main Reserves were underfunded at the 71% level with a new 2023 Reserve Study being conducted with inflationary pressures to significantly impact 2024 and 2025 if the inflation factor is reasonably applied based on current data. This package in total risks fiscal jeopardy for homeowners as the answer is that the homeowner pays for everything, and the board would have to amend its BOD policy manual and increase assessments again in 2024 and 2025 and maybe invoke the special assessment for reserves. They have already violated the policy.
That is classic fiscal jeopardy and dereliction of duty. It is clear that Mr. Anderson and the board he leads together with GM/COO are not competent to manage our finances. And their abuse of power against certain homeowners is just wrong. And the Community needs to rid the cancer or expect matters to get worse and you pray it doesn’t happen to you.
On a positive note, I believe board member Greg Swenson inherited a bad situation and as he was getting up to speed, being the team player he is, may have gone along with choices he now knows were wrong. I hope his leadership will sway matters away from more financial harm and abuse.
THERE IS NO FREE LUNCH. Expect to pay more and more and worry that you may be victimized if singled out for unequal and unjust enforcement. Elections matter. I urge you NOT to vote for Wendy Linow, Paul Perlstein nor Barry Rubinson if they are candidates for reelection.
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