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+--- Thread: HPP road maintainence (/showthread.php?tid=17721)
RE: HPP road maintainence - Johnd - 01-27-2017
quote:
Originally posted by leo
Johnd you convey we all need to join efforts working together for a cause that affects all of us while at the same time being abrasive towards neighbors posting here. It's causing the
opposite affect. From what I've been reading on this thread, most are on the same page so let's work together.
Abolutely, could not agree more that we ought to work together. We do need real change and that requires vision and stealth, not a variety of the same old, same old. Harping on and on against one particular Board member is hysteria. I personally like to reach serious property owners who understand the dynamics and are ready to take some serious action.
I don't have patience for histrionics any longer and circular diatribes, we have reached a point where property owners need to seriously get together and take the control of the reigns.
Right now we are dealing with a Board that is totally out of sorts. They are asking for new Board members at a time when they increase fees but decrease maintanence, and instead of focusing on the issue at hand they pretent to distract the membership with mailboxes, a subject that must be dealt with but they do not have the authority to deal with as far as I am concerned. No serious individual would join this Board of never ending neophytes because right now they are threading on personal liability.
Randy wants to re negotiate the debt, really? And exactly what is he proposing? Does he really think that given the lousy conditions of our roads, we are going to trust him with that as well? Who are we kidding? He cannot even manage to spell out the details of the post boxes business to the membership. Have you read the mailing they sent to everyone? It is joke.
Folks are debating whether the County this or the other, the property owners pay plenty taxes to the County and we have no infrastructure from them, meaning they get all our money and we get nothing. On the other side we have a string of Board members with no business sense using our fees like play money and deliver excuses. I will spare a comment on the current manager because he is a piece of work.Something has to give and if you think that is being abrasive, so be it.
jdo
RE: HPP road maintainence - Chas - 01-27-2017
quote:
Originally posted by Chunkster
@Mermaid: I have made some calls and started some chains of contact. Hopefully something will come of it, and I will post if and when it happens.
Thanks Chunkster. I'm definitely down for that. I hearby declare myself one of the "We".
RE: HPP road maintainence - My 2 cents - 01-27-2017
"I stated my personal SOLUTION many pages ago: the subdivision needs to go into receivership with a Court appointed management company."
I totally understand the desire for oversight, but lets take a look at receivership for a minute.
HPP was just in receivership about 10 or 12 years ago. The mere fact that it is needed again shows that this solution is only temporary at best. Or, perhaps it had a hand in creating the current problems.
People are asking for the bylaws to be revised. The bylaws were completely revamped during the last receivership. They should be perfect, shouldn't they?
One of the changes made under receivership was to allow foreclosure for delinquent road maintenance fees. This is illegal. The 1983 class action judgment on the collection of mandatory fees for road maintenance specifically forbids foreclosure. The bonding company that provided the $12,000,000 loan required foreclosure to be in the bylaws before they would approve the loan. I cannot prove that this was the sole reason for changing this bylaw, but the loan was approved shortly after the change was made. Most people will simply pay up when threatened with foreclosure rather than challenge it and countersue. If you are lucky, this will hold true throughout the duration of the loan reimbursement and beyond. If not, the poo fan will go into high gear. The foundation for the loan that everybody seems to agree was a big mistake was laid during receivership. And that foundation is fraudulent.
My point is that even court appointed oversight doesn't work for cleaning things up. Class actions, arbitration, mediation, etc., etc., it's all been tried, and the mess just keeps getting bigger and bigger. The only thing that hasn't been tried yet is holding the county and state accountable for handing their buddies a sweetheart deal at our expense. And yes, I'm in Orchidland. The poo is just as deep on our side of the highway and it smells exactly the same. Other subdivisions are in the same cesspool as well. Our only chance is to set all of our other differences aside and work together toward this one goal. At least that is how I see it.
For good or bad, that's my rant for today.
RE: HPP road maintainence - leo - 01-27-2017
We have serious problems with our board of directors and general manager
not meeting their responsibilities. Until this is resolved we shouldn't pay them one penny not even road fees.
I'm interested to hear what Chunkster might come up with.
Does anybody know the process for receivership?
RE: HPP road maintainence - My 2 cents - 01-27-2017
"Does anybody know the process for receivership?"
There is a group in Orchidland that has been trying to put OLCA into receivership. It has been in the court system for a year and a half and has cost them well over $50,000. Trial date is set for Oct. 30th. If receivership is what you want, you better hope that there is an easier path than this.
RE: HPP road maintainence - Chas - 01-28-2017
Thanks for the info about receivership 2 cents, I didn't know about that.
When I said I support Chunkster’s effort, I meant I'm for something other than what has been tried in the past, I didn’t know the details of the receivership that happened years ago. Chunkster, any chance of finding someone to sue the county/state? I’ve always liked the suggestion of banding together with the other subdivisions to do this. An enormous task I’m sure.
That being said, I still appreciate what Mermaid, Caveat, Katarina and others are trying to do. They are spending a lot of their time and effort trying to change things for the better. I think they could be very helpful in preparing a case as they have vast knowledge of the past offences.
RE: HPP road maintainence - kalakoa - 01-28-2017
property owners pay plenty taxes to the County and we have no infrastructure from them
Which taxation is based on County's assessed value, and that valuation is subject to challenge.
There is also a process to get a refund of fuel tax paid on fuel that was not used on a public road or highway.
Both of these would make an excellent mass protest, especially if played for a media circus.
RE: HPP road maintainence - Slow Walker - 01-28-2017
quote:
Originally posted by My 2 cents
"I stated my personal SOLUTION many pages ago: the subdivision needs to go into receivership with a Court appointed management company."
I totally understand the desire for oversight, but lets take a look at receivership for a minute.
HPP was just in receivership about 10 or 12 years ago. The mere fact that it is needed again shows that this solution is only temporary at best. Or, perhaps it had a hand in creating the current problems.
People are asking for the bylaws to be revised. The bylaws were completely revamped during the last receivership. They should be perfect, shouldn't they?
One of the changes made under receivership was to allow foreclosure for delinquent road maintenance fees. This is illegal. The 1983 class action judgment on the collection of mandatory fees for road maintenance specifically forbids foreclosure. The bonding company that provided the $12,000,000 loan required foreclosure to be in the bylaws before they would approve the loan. I cannot prove that this was the sole reason for changing this bylaw, but the loan was approved shortly after the change was made. Most people will simply pay up when threatened with foreclosure rather than challenge it and countersue. If you are lucky, this will hold true throughout the duration of the loan reimbursement and beyond. If not, the poo fan will go into high gear. The foundation for the loan that everybody seems to agree was a big mistake was laid during receivership. And that foundation is fraudulent.
My point is that even court appointed oversight doesn't work for cleaning things up. Class actions, arbitration, mediation, etc., etc., it's all been tried, and the mess just keeps getting bigger and bigger. The only thing that hasn't been tried yet is holding the county and state accountable for handing their buddies a sweetheart deal at our expense. And yes, I'm in Orchidland. The poo is just as deep on our side of the highway and it smells exactly the same. Other subdivisions are in the same cesspool as well. Our only chance is to set all of our other differences aside and work together toward this one goal. At least that is how I see it.
For good or bad, that's my rant for today.
I live in Orchidland also. The reason I give so much crap on this thread(HPP)is because we have the same problems but we also have 2 associations that are claiming to be the big chief but instead they are the little pappose.
They dont respond on this site very often as they dont have the cajones to do so.
So I agree with you 2cent that we have the same poo as HPP. You have a percent scent for that smell. No harm meant in the above statement.Just stating fact.
RE: HPP road maintainence - reni - 01-28-2017
"Johnd you convey we all need to join efforts working together for a cause that affects all of us while at the same time being abrasive towards neighbors posting here. It's causing the
opposite affect."
Guess I'm not as sensitive as you are Leo..............I completely agree with Johnd's point of view.
RE: HPP road maintainence - Katarina - 01-28-2017
Seems that a lot of the same questions keep being reasked on this thread and the mailbox one as well. I suggest that anyone who is truly interested read caveat emptor and mermaids posts on both topics. They give lots of true facts and understand our bylaws well. They also have presented history using past board minutes. When you read the facts (and I took the time to verify their comments) you get a clear picture of the situation HPP finds itself. It is not good. If this board continues as they are they will cause our bond to default,our road fees will continue to escalate, our roads will continue to disintegrate and all this will only cost us, the members, more money and chaos. Please go to the next and the next and the next board meetings and speak out. Learn the bylaws and you will have your armor go to the membership meetings. It may not be what you want to do and you may find all kinds of excuses to not go but your apathy is how the Jo coalition gets away with all this. It will take ousting her to get anything accomplished and she will not go willingly.