The files on the Associa website pertaining to Chronology/Status of Community Club Concept (and The Club at ArrowCreek) have been updated with June 1, 2015 dates and are now here:
CHRONOLOGY OF EVENTS – Community Club Concept 6.1.15
TIMELINE – Key Events – The Club At ArrowCreek 6.1.15
The old post is here: Chronology/Status of Community Club Concept
An Open letter to the ArrowCreek Board of Directors
ACHOA Board of Directors,
The latest updated posting of CHRONOLOGY OF EVENTS – Community Club Concept 6.1.15 is certainly a good step in the open communications that are needed by the ACHOA owners. However, there are three (3) concerns and issues with the information presented.
First, although we respect the rights of corporations to protect proprietary data, those privileges do not supercede the needs of the ACHOA community to openly participate in committee discussions that affect the status of the ACHOA. As a result, since ALL committee meetings are to be open “to the public,” it is suggested that the ONLY forum for discussion of restricted data is the Executive Board meetings. Please, maintain a calendar that displays ALL committee meeting dates, times and locations so members of the community can participate in the business of the ACHOA.
Second, based on this posting to the ACHOA ‘official’ web site, the ACHOA Board fails to listen to knowledgeable owner inputs at Board meetings. Several meetings ago, Mr. Hsu presented to you the actual wording of Nevada Revised Statute (NRS) 82.131. That statute, which covers our ACHOA Articles of Incorporation, specifically states “Subject to such limitations, if any, as may be contained in its articles…”. This NRS invokes Article VII of the ACHOA Articles of Incorporation which states “The corporation shall have perpetual existence. Members of the corporation shall not be liable for payment of any corporate debts of any nature whatsoever nor shall any of the property of the members be subject to the payment of corporate debts to any extent whatever, except to the extent valid and proper assessments for corporate purposes provided herein create such liability or subject members’ property to assessment liens.” (Emphasis added). The corporate purposes are defined in Article IV, a thru d. Hanging the organizations hat on the phrase in paragraph d, “The Association my have purposes other than those specified here-in, but shall expressly be prohibited from representing the lot owners and residents within the subdivision on issues of land use, planning, municipal annexation, master plan amendments, growth, area development, or similar matters.” The purpose of the subject acquisition has not been articulated to the association nor has it been incorporated into the articles. Simply put, a 2/3 affirmative vote is required to encumber the ACHOA owners, NOT 50%+1. Yet in your chronology it still maintains a 50%+1 for the encumbrance to be approved. This is very clearly in error of legal and managerial understanding.
Third, In spite of the results of the Demographic and Property Value surveys conducted by the ACHOA and CNA, the Board continues to try and honor a “bridge handshake” with the Friends of ArrowCreek (FOA) and schedules meetings to avoid true community input. Working members of our community cannot make 5 or 5:30 PM meetings. Scheduling committee meetings during working hours does not permit broad participation from the 79% of the population who do not participate in the golfing experience.
The Board not only needs to take action on these issues but also needs to update the chronology to reflect the true and proper inputs it has received from the community.
Looking forward to a continuing dialogue, Regards