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Southern Walk HOA has named Broadlands HOA a defendant

Discussion in 'Broadlands Community Issues' started by cobymom, Nov 7, 2013.

  1. hornerjo

    hornerjo Senior Member

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    I don't think Sashi/cogs has been denied anything...
     
  2. cobymom

    cobymom Sheila Ryan

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    Does that matter? If he asks a legitimate question, why shouldn't it be answered, regardless of how many people have asked before or will ask in the future? And he has been denied answers to his questions, with the reasoning of not revealing legal strategy. If he's helping to pay for that legal strategy, why shouldn't he be made privy to it?
     
  3. cogs

    cogs Well-Known Member

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    Sowalker,

    I havent seen you say anything positive about SWHOA or its board members. Why is that?
     
  4. sowalker

    sowalker New Member

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    Yes it matters a lot! If residents of swhoa are being denied info on anything relating to southern walk by the swhoa then that is a huge problem.
     
  5. hornerjo

    hornerjo Senior Member

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    From what I see, the SWHOA isn't denying anyone of getting info, you just have to jump through hoops and pay massive legal fees to get it. Them not answering his questions or ignoring them isn't a deny either.
     
  6. cobymom

    cobymom Sheila Ryan

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    I think that Shashi was denied information at a homeowners meeting when he asked a question and it wasn't answered, with the justification of not talking about "legal strategy". He was also not provided accurate meeting minutes from the May meeting.
     
  7. cogs

    cogs Well-Known Member

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    Sowalker, is this what you are trying to say?

    That reminds me of a recent interaction I had with one of the SWHOA directors recently. He wanted me to stop posting on the Broadlands forums because it is causing misunderstanding. We had a couple of conversations. In the second conversation, he got very upset at me when I suggested that SWHOA voted to make the financial situation worse for the delinquent homeowners by requiring them to pay not only the delinquent amount but also the reminder of that calender year's payments in advance. He did not believe me. He was vehement that SWHOA board would never adopt policies that are hurtful to the residents. So, we agreed that I would email him the proof and we talk again in a couple of days.

    BTW, We discussed this issue here:
    http://www.broadlandshoa.org/hoaforum/index.php?threads/southern-walk-collection-procedures.29395/

    I emailed him the screen short of Ms. Cotti's announcement in the facebook page along with the following quote from CC&R.

    Section 8.2.2 of the CCR (Declaration of covenants, conditions and restrictions) reads:
    Acceleration: In any case where an Assessment against an Owner is payable in installments, upon a default of such Owner in the timely payment of any two(2) consecutive installments, the maturity of the remaining total of the unpaid installments and such Assessment may be accelerated, at the option of the Board of Directors, and the entire balance of the Assessment may be declared due and payable in full by the service of notice of such effect upon the defaulting Owner.

    Three days later I call him to follow up. He said, that the HOA has not done anything illegal and I need to come to the HOA meetings if I have any questions. What changed a person so much is a mystery.
     

    Attached Files:

    Last edited: Nov 18, 2013
  8. cogs

    cogs Well-Known Member

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    Cobymom,
    Look at the wording in attachment in the above post. "Fiscal Calender year". What does it mean to you?
     
  9. cobymom

    cobymom Sheila Ryan

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    I would assume it means Jan-Dec, since I get a booklet of payment coupons each year, and they go from January-December. I personally think the "acceleration" of payments really sucks for those who have missed their payments, especially since it's being invoked after only 2 months of missed payments. I would expect a more liberal time frame from a non-profit entity like an HOA, but if there are so many delinquencies that the HOA cannot pay its bills, then I guess it makes sense.
     
  10. sowalker

    sowalker New Member

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    Cogs - it's clear why you post what you do.
     
  11. T8erman

    T8erman Well-Known Member

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    And it is also clear why you respond to just about every post of his. ;)
     
    sowalker and flynnibus like this.
  12. GeauxTigers

    GeauxTigers Member

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    If only the somewhat inchorent posts could be as entertaining as the days when we had Lee and Gryphon to amuse us.
     
    boomertsfx, latka, redon1 and 2 others like this.
  13. flynnibus

    flynnibus Well-Known Member Forum Staff

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    At least he posts what he means.. instead of trying to rely on innuendo like you do.

    You can't just say it. You think cogs, who is a homeowner, is not representative of all homeowners when he said the SWHOA was denying information because you are saying (without having the guts to type it) that Ericka was simply not telling HIM information. As if.. singling out homeowners to be excluded, when they should be entitled to the information is somehow justified?

    That doesn't make it better.. it makes their actions even worse. It means they play personal battles instead of acting as objective elected officials.

    Nevermind all the hassle they went through to try to exclude cogs from everything when they insisted he was some sort of plant.. and not really a homeowner.. and all the hoops and energy they spent there.

    And the claim isn't anything new.. it's the same pattern of behavior we've seen for years.
     
    latka, L0stS0ul and T8erman like this.
  14. T8erman

    T8erman Well-Known Member

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    AHHHHH, the good ole days!
     
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  15. Neighbor

    Neighbor Member

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    Forget Lee, I miss BRIM! Do you remember those days, T8erman? If BRIM, Lee and Gryphon were on the SWHOA, we would be saved!
     
    brim and sowalker like this.
  16. cogs

    cogs Well-Known Member

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    From the wording I get the impression that Erika was implying that Fiscal Year and Calender year are same.

    Agreed. There was only one delinquent account when this motion was adopted.
     
  17. LvBlands3

    LvBlands3 New Member

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    I hope that if a special assessment is needed for the BHOA to cover the costs of being dragged into this by the SWHOA, that the special assessment is ONLY levied against Southern Walk residents. It is there issue, not the rest of ours. The fees are different for single family homes vs townhomes, streets that need to be plowed vs VDOT plowed streets, etc., so I know that is possible for the fees to be different. Just a thought.
     
  18. wolf685cln

    wolf685cln New Member

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    But the one account caused the SWHOA insurance policy to be canceled didn't it? To be exact, it was the lawsuit and the delinquency. And let's be a little fair about this - the wording does state that the enforcement of the acceleration clause is at the discretion of the board. It's not automagically a hassle for folks who have difficulties, in fact they offered to extend payment deadlines for those impacted by the govt shutdown recently.

    As to BHOA, if in the offhand chance that the court does find the association liable for the exclusive easements it granted, how would SW be responsible for that?
     
  19. flynnibus

    flynnibus Well-Known Member Forum Staff

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    That's not what it says at all. It says 'on ICB the HOA will review potential payment plan options' - Payment plans to pay for amounts due that include the effective penalty they are imposing. It doesn't say that enforcing the clause is at discretion.

    On what terms are they going to judge if you should be allowed payment terms? Maybe if you are friendly to their agenda? Maybe if you are on the 'good side' of individuals on the board? In what world is it desirable that individual homeowners are judged if they are worthy of the accomodations provided to all other homeowners?

    What does accelerating the payments due beyond penalize people in an unbalanced way? With a recourse of 'case by case' review in front of a hostile board? Yes.. not self-serving at all... :yuck:

    Maybe they felt they needed to increase the size of the delinquency to make something viable
     
  20. wolf685cln

    wolf685cln New Member

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    If the account if forwarded to collections. 1 & 3 are ADB and the middle I read the 'when' in 2 and as an implied ADB. So the thought is to establish hard, fast, computerized rules that can not be altered in any case? I think that would act to hurt more than help.

    Can discretion be abused, yes - but always two sides of the coin right?

    Perhaps it's just to ratchet up the stakes on chronic offenders that hose up A/R's
     

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