| HOA Members paying dues - Investigate These Issues: (See Below) |
March 7, 2007 Update - Sewage Spill - Emergency Special Assessment Canyon Creek Homeowners Revolt
I suspect our Homeowners Association has paid for the recent renovations completed on our HOA President’s condo, unit 406. Their unit was not flooded with human waste. I believe they saw an opportunity to renovate for free and seized it. It appears the same trickery took place during the HOA Re-Roof Loan fiasco with Union Bank a few years ago. Our HOA President at that time happened to renovated their unit #334 about the same time as our roofing project. I have been denied access to our HOA records despite numerous written requests over the years. If ‘Secretary’ wants to set the record straight with resolutions, I suggest we ask pertinent questions. Examples:
You own 1/128 of this Real Estate common-interest development. Protect your investment. By: Joanne Perkins HOA BOD Revolt Coordinator joanneperkins@charter.net |
Member Meeting Results February 24, 2007 HOA meeting held on 2/22/2007 @ 6:00. A lot was accomplished despite the rain and confusion surrounding the feminine hygiene product issues causing a $740 Emergency Special Assessment. The emergency debt imposed on Canyon Creek homeowners by our Board of Directors in January 2007 was caused by tree roots blocking our sewage lines. The proper terms in standard HOA insurance policies for this problem is “black-water sewage spill” (raw human waste causing inhabitable human conditions). Historically, tree roots have been a chronic and expensive problem at Canyon Creek. When I was on the Architect Committee in 2005, we had bids from plumbing contractors to grind and remove the roots from our sewer system 3 times a year to control our sewage problem. The approximate cost for this much needed service was $2000 annually. The plumbing professionals made important recommendations. If we cut down the trees interfering with our sewer lines, our scheduled maintenance needs would end in 2 years because it takes that long for tree roots to die. If we leave the trees in place, the scheduled maintenance will be on-going until the roots displace the gravity flow and our entire sewer system needs to be replaced. Canyon Creeks Board of Directors took no action. Implemented no solutions. Carolyn, the women serving as our BOD President when I was serving on our Architect Committee in 2005, refused to spend HOA money to service our sewer lines. I challenged the foolish decision at the time so she excluded me from BOD information and refused my Architect Committee service. The consequences of foolish Board decisions is apparent. Eighteen months later, homeowners must pay $94,000 to clean up the “black water sewage spill”. Apparently, our HOA insurance policy has excluded black water sewage spill coverage; reason unknown. I would guess excessive black water sewage spill claims over the years has deemed our sewer system uninsurable. Carolyn introduced herself as “just a homeowner” at our parking lot meeting. I corrected her false statement and we discussed her 2005 Board President position and the costs resulting of her redundant leadership decisions. She admitted that the current BOD blamed the sewage spill on feminine hygiene products to trick our HOA insurance carrier; more commonly known as insurance fraud. 2005 Preventative maintenance and tree removal – was a $12,000 HOA sewer line solution. 2007 “Black Water Sewage Spill” – is a $94000 debt for Canyon Creek homeowners. Common-Good objectives for community living – Priceless Tree roots in our sewer lines was just one of several alarming deficiencies noted in 2005. The Fire Department, the Health Department and the City of Riverside Utilities all had unresolved issues regarding the poor property conditions at Canyon Creek. I suggest we stop these ugly power games before it kills somebody. Sincerely, Joanne Perkins - Unit 390 joanneperkins@charter.net PS: Documentation to the facts that I have shared with you is available. Most of my documentation is in an electronic file format which identifies the date and time of delivery to our Property Managers. The other 30 pounds of paper in my HOA files is comprehensive details to the facts but it is clumsy to use when compiling information. Anyone interested in reviewing the records I have kept is encouraged to contact me to make arrangements. Thanks for listening. jp |
| Canyon Creek at Riverside |
| Site First Posted: Sept. 4, 2005 Canyon Creek HOA Sample Site
Investigate these issues: Document in progress, random order. What is happening to our HOA member dues, $215 per month? By Joanne Perkins
o One thing is for sure there, are extreme costs incurred to maintain our trees, $40K in 2002 alone, according to Janice at Weldon-Brown PM and Brian Fitzgerald, BOD President at the time. o Costs for Termite and pest control services is not listed, nor the extensive dry rot and moisture damage caused from neglecting Pest Control services. o The cement walkways and steps around my home are broken and lifted, trip hazards and slippery went wet is an understatement. I do not see these types of necessary and needed repairs incorporated into the HOA budget. Not ok! What does the initial Reserve Study inspection report say? Who decides what line items are included on the Reserve Study? Where is the Financial Statement defining Operating Costs? (Monthly fixed costs verses recurring costs for property maintenance.)
The timeline for our services is: Something happened in Oct 2004 regarding our common area inspection and Reserve Study results, according to Carolynn’s story and according to Dave, (cut and pasted from his e-mail to me) : In researching the matter, the October 2004 reserve study you are referring to doesn't exist; that is, however, the date when the Board asked WSR to have a reserve study conducted. The result of that request is the aforementioned study that has been mailed to all Canyon Creek Homeowners. The thing is, five months is a long time from service order to contract, not to mention one full year before a document actually reached the homeowners hands. From what I understand. the BOD’s responsibilities include updating the Reserve Study on a quarterly basis. Something is very off, ask WSR for details. I suspect there was a different reserve study service hired in Oct. 2004. My guess is the Board did not like the other inspectors findings. The visual appearance of many defects I saw warrant intrusive investigation for health and safety issues alone. The framing may be deteriorated along with the siding; rotten studs will not hold up a 2 story building forever, as one example. In general, a professional inspection is visual and an inspector would make recommendations to seek the advise and services of experts, when necessary. My guess is, the Oct. attempt for a Reserve Study was problematic. I suspect after the inspection, many experts were necessary to look into inaccessible areas and major problems (open walls, assess damage and estimate costs to cure) before accurate numbers could be calculated for our HOA budget and reserves. Based on the slow pay to PCMI, it would not surprise me if the Oct. company never got paid. There may or may not be documentation to prove or disprove my conclusions. Educated guesses is all we have to work with, this is my conclusion based on my experience and guesswork. We need straight talk from WSR and the BOD to find the truth and press-on. Hummm???
A Reserve Study dated 10/2004? Carolynn told me the BOD reviewed some kind of correspondence from a reserve study service in Oct. 2004. According to Carolynn, the BOD returned it to WSR in Oct. 2004 because they did not like what it said. Apparently, that event is in question now along with delays in explanations of the Balance Sheets we received from the BOD. I asked for a status report on my repeated requests and received twisted lip service. Not ok! Good Grief! CA has laws in place that forbids these costly shell games played on homeowners. What the BOD are doing is not acceptable and the consequences of poor management will be $ picked directly out of your pockets $ (Corporation Code Sections?) Compiled by: Joanne Perkins Last updated 10/17/2005 8:44am PST By Joanne |
No Water: "It's the apartments fault," per Dave, property manager Who is comforted by knowing the apartments control our water supply? Sept. 29 Sept 30 Oct 3 Oct 15
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No Power: No comment from Dave, our property manager or CMS Who is comfortable with a staggard power supply? 9/27 - Short Blackout 9/29 - Short Blackout Oct. 3 - Several short blackouts |
NOTE CLEAN CUT LINE AT BOTTOM OF MOLDY T I-II PLYWOOD. ALSO NOTE JAGGED BOTTOM ON PLYWOOD SHEET TO THE LEFT. THIS SHOWS ME THAT PLYWOOD ON LEFT IS MUCH OLDER THAN THE MOLDY ONE. THIS TELLS US MOLDY PLYWOOD IS BEING REPLACED BUT THE WATER SOURCE CREATING PROBLEM REMAINS. Submitted by Canyon Creek owner, 28 years construction experience. |
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Canyon Creek at Home Owners Association - HOA CID - Common Interest Development Common areas and issues 'INSIDE OUR COMMUNITY' |
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Condominium Management Services Canyon Creek’s Property Manager is: Dave Potter Toll Free (800) 350-3103 E-mail dave@cmsmgmt.com Board of Directors Name Phone E-mail President Vice President Secretary Treasure Member-at-large
Canyon Creek at “Hello Neighbor” Message Board Share your experiences! Click on the blue "Hello Neighbor" above to post a message. Examples: Offer tips regarding local retail stores and services. Provide suggestions for respectful communal living. Volunteer your services to a neighbor in need. Post a request, perhaps a neighbor can help you out. We are a small community co-existing together. It takes everyone’s cooperation to maintain a pleasant home environment. (The Message Board is not monitored, however messages with “course language” will be automatically deleted. )
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| IN CASE OF AN EMERGENCY on Canyon Creek property Call CMS (800)350-3103 A person is available 24 hours a day.
Please report common area deficiencies, ASAP: Call or e-mail dave@cmsmgmt.com
Dial 911, as needed.
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Canyon Creek at HOA PROJECTS IN PROGRESS The following links identify projects that Canyon Creek HOA has scheduled and the current status of project. Click on the appropriate category for this information. Structural ( Units, garages, pool, pest control, mailbox, hand rail, utilities, laundry.) Landscape ( Irrigation, drainage, lawn, trees scrubs ) Admin. ( Fees, committee issues, insurance, etc. )
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PENDING PROJECTS Our HOA fee structure is based on the projected costs for administrative mandates, maintenance, repair and replacement of common areas in our community. Reserves are established for a budget that will accommodate our needs over a 10 year period. The process of projecting costs and building reserves has been established by the CA Department of Real Estate (DRE) to protect HOA real estate consumers. Voluntary board members should use trained professionals to help determine what money is needed to satisfy that duty. The Board of Directors are responsible for HOA budgeting decisions. It is not something that can be determined easily. A reserve study with specific statutory requirements is required by DRE, and updates to the reserves study are expected at least every 3 years. Borrowing from reserves also comes with specific legal requirements. The "wise" board members who consult appropriate experts receive some statutory liability protection if things go awry. The “unwise” board member, making financial decisions without the benefit of appropriate experts, is liable if things go awry. Well, things went awry. You may have noticed that Canyon Creek’s common areas are not being maintained properly. Additionally, we have a large HOA loan commitment which was designed to bail us out of the financial mess we were in 3 or 4 years ago.
Many of our boards decision makers have since moved away. Whether they are protected from liability for mismanaging HOA funds or not is really irrelevant from an owners standpoint. The legal costs to find and prosecute could easily exceed the special assessments required to get our community operating in the black. Roads: Repair and Slurry - 2005 Paint: Prep, Seal and Paint all structures – 2006 Tree Management: Trim, Remove, Plant and Treat, as needed - on-going Pools and Spas: Plaster, Plumbing, Coping, Decks, Fences, Equipment, Heaters. Termite, Mold, Dry Rot and Rodent Infestations: - on-going Liability and HOA mandated Insurance: Reduce Risks, Reduce premiums.
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Canyon Creek at Annual Reports and Information Links Budget Reserve Study Vendors and Service Providers CC&R’s Plot Map HOA Related Articles Criminal Activity @ Improvement Authorization Form
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HOA MINUTES OF LAST MEETING (Sample only, this information does not relate to Canyon Creek) MINUTES OF ORGANIZATIONAL / REGULAR MEETING OF THE BOARD OF DIRECTORS Canyon Creek of Riverside HOMEOWNERS ASSOCIATION, INC. Sept. 19, 2015 The Board of Directors of the Lake Austin Lake Pointe Homeowners Association, Inc. (“the Board”) convened this meeting in the Community Center located at · Don Walden called the meeting to order. · The following members were:
· · The Board members constituted a quorum so the meeting was continued. Also present were
Obligations
· · The following business was conducted at the meeting: Receive Citizens’ communications None received. HOA By Laws & Deed Restrictions Don Walden distributed copies of the HOA By Laws & Deed Restrictions to BOD. Draft 2001 HOA Budget The Finance Committee presented their first draft of the 2001 HOA Budget. This draft assumes a $23/month lot assessment. A monthly assessment change from $20 to $23 would be a 15% increase to homeowners. Final budget is due by 11/1/00. After final review they plan to forward the proposed budget to the steering committee for comments, then to the board for final approval. The following issues / comments on the draft budget were raised: Ø Ø Don feels that a conservative estimate would be 10 new residents per month rather than the 8 proposed in the draft budget. Currently at 608 residents, therefore expect 625 for January 2001. Expect Clark Wilson to begin sales on new lots by 3/31/01. Ø Ø Concern as to whether enough money has been budgeted for water costs in view of the new rates. Ø Ø Fees for use of the Ø Ø Consider whether or not to charge MUD for using the facility for their monthly Board meetings. Point was made that the same people would just be paying these costs. It would just be through their property taxes rather than their HOA dues. Ø Ø Consider transfer of responsibility for payment of the irrigation water bills to the MUD since they are responsible for the maintenance on these properties. Since this fee would then be charged as percentage of property value, would be more equitable distribution. Ø Ø Joel would like to see a $25 monthly homeowner assessment and $25,000 contribution from Bon Terre for 2001. He cautioned us to keep in mind that this will probably be the last year Bon Terre will be making contributions. Ø Ø The Finance Committee noted their concern that no decision had been made regarding whether the fencing would be maintained by the HOA. This decision impacts that amount of funds that they feel would need to be available in the reserve fund. The reserve fund does not currently include funds for fence maintenance. Ø Ø Consider is homeowner assessment should be charged to builder for time of property ownership prior to closing. Review Section 7 documents to determine when a lot is placed on the HOA rolls. Manager’s Report Ken Romich distributed copies of the September Financial Statement, Delinquent Accounts Report, Deed Restriction Violation Report and HOA Property listing. During his review of the HOA Property listing, Ken noted that the HOA pays taxes based on 10% of the property’s estimated value. Tax bills are generally received in December and payment due by the 31st of the following January. Protests have been filed for the two delinquent bills that were not received for payment by Liddiard as a result of an improper address on the property records. Ken also provided a report entitled Operating Budget Notes that summarizes the types of items that are included in each of the budget line items. Deed restriction Violation Ken reported that he has been receiving a lot of calls related to barking dogs. A resolution is expected soon regarding the resident in the Setting living on In his e-mail to the Board on September 28, 2000, Joel Robuck referred the Board to section 3.24 (page 9) of the original deed restrictions filed in volume 12474, page 1631 of the Travis County deed records to address the issue of vehicle street parking in Lake Pointe I, II and IV. He indicated that these master deed restrictions apply to all of Public Policy Report David Young indicated that the Public Policy Committee would like to prepare a letter to LTISD School Board. The question was raised whether Dave Young should sign this letter as Chairman of the Public Policy Committee, or if it should come from the HOA BOD. The resulting discussion among the BOD observed that the letter might have greater impact if it represents the entire Dave reported that David shared that the speed limit signs are now up and the Sheriff’s department will be providing enforcement. Don suggested Dave speak to the Captain in charge of Patrol or the Traffic Division to arrange enforcement. Newsletter Reviewed draft articles received by the HOA Committees for the fourth quarter 2000 issue of the Watering bill concerns Rusty Brightman with TruGreen Land Care was present and provided an overview of how the landscape irrigation system is maintained. Jeff Rutkowski handles the Was agreed that Liddiard would act as central contact for homeowners to report irrigation water concerns. Don Walden is working with the LCRA and TUMCO to address the impact of the new LCRA graduated fee structure and fixed meter charges. NEXT MEETING TO BE HELD ON WEDNESDAY NOVEMBER 15, 2000 STARTING AT 7:00 P.M. IN THE COMMUNITY CENTER LOCATED AT The meeting was adjourned at 9:30 P.M. ___________________________________ ATTEST: Alan Kleymeyer - Secretary _________________________________ Donald C. Walden-President ARCHIVES OF HOA MINUTES OF MEETINGS Click for the link to view the minutes of the respective month and year. Jan. 2005 Feb. 2005 March 2005 April 2005 May 2005 June 2005 July 2005 Aug. 2005 |