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| Subject: New Home Owner's Association Covenant | |
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Author: Butch Huber |
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Date Posted: Sun, Sep 06 2009, 22:29:10 In reply to: Lori 's message, "How does it work?" on Sun, Sep 06 2009, 15:44:43 I believe that new covenants need to be enacted to prevent the board of directors from making any decisions that would remove, restrict, limit use of, add, or change amenities without receiving a mandate from the homeowners in a full vote of the members of the association. I have been reticent to say this up to this point, however, I am going to say it now because of what I am now hearing about the board deciding to remove the poles from the basketball court. I have noticed some activity at the basketball court over the summer, but nothing I find to be outrageous. I am not saying that there hasn't been improper behavior there, I am saying that I have not seen such behavior. When I see people playing basketball it is usually a group of black people playing. I have been concerned that this whole matter regarding the basketball courts could be a "race" issue, and not a "problem behavior" issue. I am not saying that it is a race issue, I am saying that I am concerned that it "might" be a race issue. If this is in fact a "race" issue and not a "behavior" issue it needs to become a non-issue immediately. Notice I have not accused anyone here, just brought up the possibility that it could be a race issue. There is no reason that this neighborhood can't solve this issue without removing an amenity. For the board to take it upon itself to permanently remove an amenity shows a blatant disregard for the homeowners and a level of arrogance that I cannot accept. How dare you board members decide to permanently remove such an amenity without being directed to do so by the homeowners of this community? I could understand temporarily removing the backboards if there was an emergency, but even then, under emergency circumstances, the removal of the backboards should only be until such time as there can be held an emergency meeting of the homeowners to determine what the proper course of action should be and to determine the will of the homeowners. I realize you may have intended well, but you, in my opinion, have egregiously overstepped the bounds of common decency and decorum. I have not read the bylaws to determine if you have overreached your authority, however, even if it is within your authority to take such action you should have the common courtesy to refrain from taking such action until you have presented the issue to the homeowners and determined their will. It is time for Willoughby Station to develop an on-line voting system whereby we as homeowners can vote on matters of importance to us. There are only 759 homes in this neighborhood, certainly we can run an on-line voting system that would enable us to have protected voting without fraud and abuse. Let's develop the voting system and then change the by-laws to allow a vote of the full association on matters such as these rather than allow one small group of people decide everything based on their own predispositions, agendas, beliefs, or ideals. The more I think about the board having taken it upon themselves to permanently remove this amenity the angrier I become. My anger is not because I want the basketball courts to remain up, I have probably used them less than 5 times in the 11 years I have lived in Willoughby Station. My anger is because it appears the board is overstepping what should be a boundary. If they have the power to permanently remove the basketball courts without our permission they have the right to remove the pools, the tennis courts, the playground and any other amenity. By the same reasoning, they would have the right to add amenities without our approval. I am actually growing quite tired of having select groups of people making unilateral decisions for me and my family. I am not in favor of homeowner's associations in the first place, now to have them taking away amenities that are paid for by homeowner's dollars boils my blood. I believe that homeowner's associations are a city's way of developing an alternate non-governmental authority where there is no authority. It is insanity to allow a non-public entity have a taxing power (homeowner's association fees) over a community in the way that our homeowner's association has such power. The board of directors could decide to do any number of things that could end us up in a major lawsuit, risking our homes and wealth, and there is little we can do to stop them unless we change the covenants. The City of Mt. Juliet issued citations against a man in this city who subsequently filed a lawsuit for around $60 million dollars. It appears to me the man is in the wrong, however, he is still within his rights to file the lawsuit. I believe defending against his lawsuit has now cost over $100,000. This all happened with a city, with all their ordinances and resolutions, with an attorney involved in the decision making path, and with all sorts of back-up such as MTAS. If the city can end up in a $60 million lawsuit, so can we. Suppose this whole basketball issue is in fact a "race" issue and not a "behavior" issue. If it could be proven that our homeowner's association has taken an action on the basis of "race" and not on the basis of "behavior" it would seem to me that Willoughby Station would be opened to a major discrimination lawsuit. Do the board of directors speak to each other behind the scenes about business that is before the board? If so, how are we to know that they are not conspiring on an issue in contravention to what is in the best interests of the homeowners? How are we to know that we don't have a group of racists on our board who are conspiring to remove the basketball courts because they don't like the color of the skin of those who are playing basketball? I am not saying that anyone is doing anything wrong, I am not saying that "this" board is racist or that they conspire together, or that there is any element of wrongdoing on the part of any member of the board of directors, I am saying "what if?" This whole basketball issue is an instance of punishing the masses for the misdeeds, or perceived or purported misdeeds, of a few. What if, instead of accomplishing what the board of director's had hoped, the same children decided to play tennis? Would they vote to remove the tennis courts? If then the children used the pool, would they remove the pool? Let's address those who are causing the problems, let's identify a real and durable solution, let's pass covenants to protect us from the board overstepping good order or their bounds in the future, let's develop an on-line voting system whereby we all have equal voice, and let's rethink Willoughby Station all together. For all I know, this whole basketball issue could be a matter of a few people in this neighborhood not liking the people who are playing ball and causing a real stink in the neighborhood. I have never once, ever, been accosted by any of the people hanging out in the common area. I don't agree with people who are not residents of Willoughby Station using our amenities without being invited by residents, but I have absolutely no problem whatsoever with residents inviting their friends to visit our neighborhood and enjoy our amenities as long as the invited guest is the responsibility of the one who invited them. If we are going to remove the basketball courts I would like to see it done at the direction of the whole association, not by a small group of people, no matter how well intended that small group may be. [ Next Thread | Previous Thread | Next Message | Previous Message ] |
| Subject | Author | Date |
| I think that is the issue | Lori | Mon, Sep 07 2009, 0:29:05 |
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