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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. cogs

    cogs Well-Known Member

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    You are talking about one account which is in litigation for nearly 2 years?

    You need to attend the meetings pal, to know what really happened. Yes, its an automatic acceleration of payments. If the delinquent owner goes to the hearing and pleads hardship, the board will show mercy. That might be acceptable to you, but not to me, not to anyone with self respect.

    I guess they charged my account over $1,500 in so they can show mercy to me at the hearing.

    Show me where that was announced to all the Southern Walk homeowners.
    Broadlands Newsletter?
    Broadlands Forums?
    Individual mailing to homeowners?

    Again you need to attend the meetings. I was there, along with a couple of other homeowners. It was a good idea that did not go far enough to really help homeowners in need.

    If the homeowners in financial hardship due to govt. shutdown, requests SWHOA board an extension, then the board will work out a payment plan.

    If they are truly interested in helping, they would have notified ALL the homeowners how to avail the payment plans.
     
    Last edited: Nov 19, 2013
  2. wolf685cln

    wolf685cln New Member

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    Again - IF the account is sent to collections. Simply picking up the phone to say 'look, I'm having trouble' in advance of that mess would avoid that. how is that demeaning? Yes, if your silent for 6 months and end up hearing ... Shouldn't be a surprise. Do you have any real world cases where this has gone awry?
     
  3. wolf685cln

    wolf685cln New Member

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    Not clear on what you mean at the end-instead of rearranging the payment of monies due, to offset the pain, your saying the board should have redistributed the debt to those not affected?
     
  4. cogs

    cogs Well-Known Member

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    Sorry pal, you are repeating the spin. SWHOA voted instruct the its attorneys to send an acceleration letter when the openband services are disconnected. Services are disconnected when if the homeowner is delinquent for 2 consequent months. What is the howeowner is sick or out of town and could not make it to the hearing?

    There is no justification for this policy.

    Why are you playing the role of an apologist for all the bad this this SWHOA is doing? What do you gain by it?
     
  5. wolf685cln

    wolf685cln New Member

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    I'm not apologizing for the board. I just don't have the same point of view as you do (bizarro as Flynn puts it) your view is that they are a malicious group of individuals that want to literally rip the hearts out of its constituents, mine is they are a group of neighbors who are in a tough position at the moment. I do contact them on occasion when I have a question and I haven't experienced anything remotely close to what you describe here in the forums.

    To me the acceleration clause is akin to a steeper APR when you skip out on payments to Amex. Even though the penalty is harsh. I can call up and explain myself and the account manager can take care of it right then and there. If I do it too much, then it's have a nice day.

    Why is this clause so draconian to you?
     
  6. flynnibus

    flynnibus Well-Known Member Forum Staff

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    Try justifying why it's necessary...

    If the point is to get the money owed - how does magically bumping up how much someone (who is already behind) owes make them more likely to pay?

    If people were not paying.... will owing more magically make them now pay?

    It can only serve a few purposes...
    - To penalize people even more (as if late fees aren't enough..)
    - To try to KEEP someone in delinquent status
    - To increase the amount owed to make collection more viable/affordable/etc

    But since the tact at the time was pointing out that someone was delinquent and therefore not allowed to participant in things.. I'll take Door #2 Monty...
     
  7. flynnibus

    flynnibus Well-Known Member Forum Staff

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    No - the way you would write a policy to be objective would be to offer a payment plan unilaterally if certain conditions are met. Not 'if we feel like it'. The former is a business policy.. the latter is a oppressive dictator who gives all the power to themselves.
     
    latka likes this.
  8. wolf685cln

    wolf685cln New Member

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    Or #4 - motivate chronic offenders who scoff at 25 bucks.

    Ok, #2 is plausible. So they pin someone down in a delinquent status. How does that serve them? Or is the unstated implication that this whole implementation is engineered for one specific target?
     
  9. wolf685cln

    wolf685cln New Member

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    Nvm, missed the last part. Seems like a stretch to me.
     
  10. cogs

    cogs Well-Known Member

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    I have nothing against any of the board members. I condemn the actions, not the people. But, when a pattern emerges in the actions over a long period, they we have to question the if the person is suitable to lead the community.

    There are some homeowner where are very close to Ms. Cotti and supported her ardently. Once they questioned Ms. Cotti, they instantly becomes a the "bad" persons and subject of scorn. Try it sometime, if you are lucky, they might even make you an honorary Openband agent.
     
    Last edited: Nov 19, 2013
  11. kevinq

    kevinq Member

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    in fact they offered to extend payment deadlines for those impacted by the govt shutdown recently.

    Show me where that was announced to all the Southern Walk homeowners.
    Broadlands Newsletter?
    Broadlands Forums?
    Individual mailing to homeowners?
    Again you need to attend the meetings. I was there, along with a couple of other homeowners. It was a good idea that did not go far enough to really help homeowners in need.
    If the homeowners in financial hardship due to govt. shutdown, requests SWHOA board an extension, then the board will work out a payment plan.
    If they are truly interested in helping, they would have notified ALL the homeowners how to avail the payment plans.


    In my opinion, wolf685cln and cogs are partially both right.

    At the last monthly SWHOA meeting, a Board member started the discussion for some type of revised payment plan because of the impact that the Government Shutdown was having on SW residents (so, a Board member offered to extend payment deadlines for those impacted by the govt shutdown recently). The Board members discussed the idea and in the end the Board decided that the SWHOA does not need a Shutdown-specific payment change (so, offered by a Board member but not enacted by the Board). Rather, the Board determined that the current practice of listening to hardship requests from a resident applies to the Shutdown, as it does with other possible reasons. There was no change in payment plans (at least during the public portion of the meeting) and no therefore there could not be an announcement of a Shutdown-specific payment change. Moreover, I had not seen posting of a current hardship request plan, but I am not a part of the Facebook site so it something could have been posted there.

    I agree with the Board's decision that no change was needed, specific to the Shutdown, if in fact the SWHOA does consider hardship requests. We don't need a different hardship request process for each conceivable hardship. Furthermore, if I had a hardship (for the Shutdown or any other reason), it is my responsibility to contact the entity to which I owe money and to try and work out a mutually acceptable payment plan (so I don't want the SWHOA paying postage or advertising costs to notify ALL the homeowners how to avail the payment plans.).
     
  12. kevinq

    kevinq Member

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    I disagree that, in the event BHOA needs to levy a special assessment, that only SW residents should pay the bill (full disclosure, I live in SW). All SW residents are paying an assessment for the OpenBand issue (if they agree with the legal battle or not), which affects all SW residents. A suit against BHOA, no matter who levied the suit (e.g., SWHOA, John Doe, XYZ Corp) or for whatever reason affects all Broadlands residents (full disclosure, I live in Broadlands).
     
  13. cogs

    cogs Well-Known Member

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    Ofcourse, you are correct. But the ill will this litigation is causing between the members of Broadlands could have been easily avoided. And, SWHOA Should Have Taken The Residents Into confidence before taking this drastic step.
     
  14. hornerjo

    hornerjo Senior Member

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    Agreed (and I'm in the North). But I'm not going to hold my breath, the SWHOA's crack legal team doesn't have me too worried that the BHOA will get dragged too much into this train wreck.
     
    boomertsfx likes this.
  15. kevinq

    kevinq Member

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    How true. I don't have any worries about BHOA being in a legal battle that warrants a special assessment. I do worry that the with SWHOA legal team's stellar performance thus far that my SWHOA assessment will not be going down any time soon.
     
    cobymom likes this.
  16. GeauxTigers

    GeauxTigers Member

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    I agree that the burden of a debt/liability of the BHOA should fall on all Broadlands homeowners regardless if it only relates to a subset of Broadlands however if there is such an assessment I am fairly confident it will be met with significant feedback from many North homeowners, including myself. It still boggles my mind why those from the SWHOA who listed BHOA as a defendant would have done such. Anything that could possibly be gained by it seems miniscule compared to the likely negatives.
     
  17. kris

    kris New Member

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    I think the reason BHOA is included in the suit is because they (BHOA, when it was controlleld by the builder - VanMetre) were the ones that granted the easements to openband. I don't think the SWHOA nor its members/directors have any ill will towards the BHOA. Please see it in terms of the Open Band contract...yes I do not like it, but I guess it is necessary to get out of the Telco contract.
     
  18. cogs

    cogs Well-Known Member

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    Kris,
    You are right, BHOA when it was under developer control granted easements to Openband.
    The question we are struggling to understand is, what is that SWHOA want from BHOA now?
    If BHOA denied SWHOA's requests for what ever it needs from them to win this litigation, I would all for taking them to the court. As far as I know SWHOA has not done that. And SWHOA's attorney categorically stated that there is nothing BHOA can do to help SWHOA in August town hall meeting.

    Naming BHOA as a defendant cannot be a goal by itself.

    SWHOA needs to clearly explain what it wants to achieve by this action.
     
  19. brim

    brim Member

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    Someone dares utter my name and summons me from my eternal slumber?!

    [​IMG]
     
    Last edited: Nov 20, 2013
    merky1, luftinarr, redon1 and 5 others like this.
  20. Zeratul

    Zeratul Well-Known Member

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    lol... your timing was perfect!!!
     

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