The ArrowCreek HOA (ACHOA) legal counsel has addressed three formal complaints from ACHOA homeowners in Item 3a on the February 24th 2015 agenda for the ACHOA Board meeting.
From the agenda:
3. ArrowCreek Golf Update – From the HOA Board & ACCC.
a) Board update to include items requested by homeowners to be on the agenda:
i. Whether the proposed amendment to convert the corporation from non-profit to for-profit violates Article IX;
ii. Whether the proposed amendment will provide a direct financial benefit to FOA stakeholders in a manner that violates Article IX;
iii. Whether a vote to approve the proposed amendment by only a majority of the members of the corporation violates Article IX.
Eva Segerblom of Maddox, Segerblom, and Canepa, LLP Feb 11 2015 response to homeowners’ Jan 13 2015 letter requesting agenda items.
Homeowners Ron Duncan, Wayne Krachun and Dr. Forrest Patin Feb 13 2015 response to [the above] Segerblom Feb 11 2015 letter.
ACHOA Board Meeting
Tuesday February 24, 2015 5:30 PM-7:30 PM
Location: The Club at ArrowCreek
All ArrowCreek owners are invited and encouraged to attend ACHOA board meetings.
ArrowCreek411 
After having spent an inordinate amount of time last night reading all the postings on the Arrowcreek411 website it is clear that there are two very different positions regarding the purchase of the golf club; there are those members of the FOA and their supporters who are in favor of the purchase and there are those member of the CNA with their supporters who are against the purchase. Both sides are adamantly opposed to the other and each side has an equal right to their position.
Although I spent the last 20 years of my professional life dealing with a corporate board of directors and at the “C” levels within a large global biotech corporation, this is my first experience with an HOA. I would assume, however, that there are some similarities in that the HOA board has a fiduciary responsibility to all homeowners and not to just one subset i.e., the FOA members and it’s supporters.
It would seem to me, in an effort to adhere to it’s fiduciary responsibility and equally in an effort to find a compromise, if that is in fact possible, the HOA should allow those homeowners who are against the purchase the same access to funds allowing for a study of the negative aspects of the purchase similar to the arrangement with the FOA the Arnold Palmer Group.
Would it not be in the best interest of the community as a whole to have 1) two completely opposite studies and 2) share information from both with all the homeowners and 3) allow for a truly informed vote by all homeowners as the impact will be felt by everyone regardless of one’s position on this issue.
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I will support the right of individuals to state their opinions for or against the future Ballot Proposition. I will not support any individual or group that threatens the right of the ACHOA members to review the ACHOA Board developed due diligence information concerning the proposition. I will not support any individual or group that threatens, hinder or stops the ACHOA membership’s right to vote on Ballot proposition concerning the future vision of the community. In my opinion, the concerned citizens are walking a fine line and are working to deny any vote within the community. State your opinions but do not stop the right of the ACHOA members to vote.
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Paul,
It’s nice to see you re-engage. Everyone’s got an ‘opinion.’ However, you’re now complaining about a “right to vote.” Vote on what, exactly? A Joint Venture? A maintenance of a golf course? The owning of 544.6 acres (which begs the question on what to do with it)? It’s funny how the question of voting seems to be morphing to suit community inputs instead of staying focused on what ‘The ACHOA Board’ believes is the ‘proper’ course.
Backing away from this current offer and allowing free enterprise to show us the way would certainly appear to be a smart course of action for the board and the community. It doesn’t deny anything. It merely allows the current situation to play out without the ACHOA spending additional funds or interfering.
What’s to happen to ‘the property?’ Let’s let time tell us and not be stampeded by myths.
Ron Duncan
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Ron:
I believe that the ACHOA members have a right to vote for or against the purchase of the land. We will wait to see what information becomes available during the due diligence and vetting process to inform the membership.
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Paul,
So long as we/The ACHOA remains a non-profit corporation we don’t have a disagreement. In fact, Why not get an appraiser to give us an estimate of the value of the 544.6 acres as ‘open space/park land?’ Especially since it’s all tied to the county designated Arrowcreek Open Space already. That proposition, which you appear to be advocating, would likely preserve our corporate status and allow the vote you’re saying needs to be taken. A vote on such a proposition would also enable the ArrowCreek development to return to a ‘normal’ state.
Ron Duncan
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In the past HOA Board members were forced to resign for similar improprieties…..do I smell recall in the air.
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The ACHOA Board has a fiduciary duty to conduct a proper due diligence and vetting of the option to purchase the acreage in the middle of the community. This is not grounds for a recall or resignation, The community deserves to get all the information and be allowed to vote on the future of the club. I disagree with your wishful thinking.
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Paul,
I thoroughly disagree. Since you were the individual who put the motion forward to pursue this course of action, seconded, I might add, by Ms. Rakusin, you certainly appear to have a vested interest in seeing that it comes to fruition. However, a number of people are questioning the Boards execution of their fiduciary duties (i.e. relating to, or involving a confidence or trust; depending on public confidence for value) to the entire community not just those involved with the golf enterprise.
Getting information to the community, all 1014 owners, and then discussing with them in open forums the related information is the objective of all Concerned Neighbors. Hiding behind closed doors, with interlocking memberships doesn’t generate a lot of confidence in getting true unvarnished facts.
Let’s all back-off and let time and free enterprise demonstrate what we’ve missed.
Ron Duncan
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Blame the uninformed, who keep electing for the same gang of board members. The FOA tentacles reach far and deep.
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Why vilify your neighbors because you have a difference of opinion?
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It is all about giving the community the opportunity to vote about its future. Let’s let the community become informed and let them vote.
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Paul,
Vote on what? I’ve seen two visions for the ArrowCreek community on this website. Are we really going to put visions on a ballot? I like fairy tales as much as anyone, but the dance that the ACHOA/ACCC Board are doing doesn’t look very proper.
You’re complaining now about voting? What about the right that everyone in ArrowCreek has enjoyed since day 1. The right to choose. Are you planning to put that on the ballot?
Back away from this offer and let the community get back to normal.
Homes and lots are selling at rational prices and time on market is typical for the price range. Get us back to normal, we don’t need a vote to get there.
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Thank you to: Ron Duncan, Wayne Krachun and Dr. Forrest Patin for your stand .
We cannot understand why this Board has taken this position in favor of purchasing the
Golf Club. They have wasted so much of our HOA’s money on Attorneys, Accountants, Studies
etc. without accountability.
Jerry and Sarita Snow
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I want the Board to fully vet the opportunity. I want to know the costs for purchasing the course, I want to see all of the operational opportunities for owning 545 acres within the middle of our community. I want to see the impact on property values since home re-sales in the ACHOA continue to reflect lower prices not higher prices and longer periods of resale. This is about home values as much as the future of the community. I want the community to have an opportunity to vote on this issue and not be denied that opportunity as being pursued by the Concerned Citizens. I want the information and the right to vote.
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Paul,
Apparently you’re not paying attention to your own neighborhood. Two homes have sold at very good prices and one of the vacant lots is in escrow at a fantastic price. Why are you so concerned about the golf course or is it the club? There isn’t any issue with the community and the acreage is just that, acreage.
Why are you pushing for some kind of vote? When people start changing answers to frequently asked question it certainly makes one wonder what ‘truth’ really is. When children change their answers a parent asks more questions as there appears to be something hidden. Getting facts, un-manipulated, is a worthy goal. That doesn’t mean the community needs a vote to get on with life.
Ron Duncan
BTW you get a vote every November, for ACHOA Board and I’m certain you wouldn’t change it.
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