The following emailed letter has many valid points that need to be addressed while the ArrowCreek Home Owners Association (ACHOA) is considering the path forward for the golf course.
50%+1 or even a Super Majority vote is not satisfactory for this fundamental change of our home owners’ association – in my opinion this requires 100% of all eligible votes to approve or not approve the purchase of the Golf Course.
The reason is very simple : to avoid the risk of multiple lawsuits. If the HOA is sued, each homeowner is being sued.
You cannot force any single resident of ArrowCreek to own or engage in a Joint Venture without his/her consent (vote).
The voting ballot should state the following:
– I understand that HOA proposes the purchase of a “bottomless money pit” : the Golf Course
– I understand that my fee can be increased by the HOA Board without any vote by the home owners to cover the costs of the Golf Course
– I understand that I, as part owner, will be responsible for any and all costs necessary to maintain the Golf Course and the Club House
– I understand that, as part owner, I will be liable for any debt accrued by Golf Course
– I understand that the increase of the HOA fee does allow me to eat at the Club House and participate in social events, but does not include the right to play golf
– I understand that Golf Course Joint Venture most likely will be losing money because the Golf Course has never been profitable
– I understand that any lawsuit against the Golf Course and the HOA will directly affect my lifestyle, because all legal fees will be paid by all ArrowCreek residents in some way
– I understand that I, as part owner, will be paying salaries for all people working at Golf Course and I will be liable for any workers’ comp suits and disputes
– I understand that I , as part owner, will be liable for any injury of any person on the Golf Course property, for any theft or damage of property on the Golf Course property
– I understand that high, uncapped HOA dues may make it difficult to sell my house.
Please add as many other points as you want.
Without such a disclaimer any voting should be forbidden as six month later there is going to be chaos: people will stop paying HOA fees (most likely the ones who vote “NO”) and challenge everything in court over and over again.
I will not be surprised if members of the HOA Board of Directors get sued for bringing this disaster to a very nice community.
Each lawsuit against the board is a lawsuit for which all homeowners as members are liable. When the assets of the HOA are exceeded by such litigation, the members have to make up the difference.
There is a very good (important) reason why a HOA is a non-profit organization and we want to keep this way.
Just my 2 cents.