The following article is a reblog from the “A Community Together (ACT)” website (the old “ArrowCreek Truth” site)… You should be warned that it contains some significant “miss-information” and may cause old negative feelings to re-surface. So much for “working together.” It is being published here for review and comment since that site censors and does exactly what it accuses this site of doing.
For your information, this article looks like an embellishment of other writings by the two named men. Paul had resigned from the Reserve Fund Committee prior to the February 16 Board meeting (and the ArrowCreek Club Community Committee was disbanded last December when the golf course land purchase was terminated). Sam had already resigned from the ACHOA board and his committee assignments, so this article is not totally factual given its date of February 16. Both men had worked very hard to make the purchase happen. The “new” header on the “new” website is also misleading in that it shows two signs: one is the sign at the entrance to the driveway to the club with the old name – not the new name with the current owners – and the other sign is for the residents’ club driveway. The ACT may have changed their name (as announced at the February 16 ACHOA BOD meeting), but they certainly still try to give the impression that they are sanctioned by both HOA and club. That isn’t true either. Working together is honorable. Tit for tat is not. – The ArrowCreek411 Webmaster
TCAC=The Club at ArrowCreek
ACHOA/Golf Club Collaboration
Posted on February 16, 2016 by ACommunityTeam
Thank you to Paul Burkett, member of the ACHOA Reserve Fund committee and the ArrowCreek Club Community Committee, and Sam Fox, former HOA president, for writing this document about collaboration between the ACHOA and TCAC.
The ArrowCreek Homeowners Association, Inc. (ACHOA) Board of Directors and the management at The Club at ArrowCreek have always been committed to finding synergetic operations that support the success of both organizations. It has always been in the best interest of the ACHOA to have a strong financially viable golf operation operating within the borders of the community. The ACHOA Board recognizes that over 370 social and golf members (out of 619 TCAC members in all) of The Club at ArrowCreek (TCAC) are also members of the ACHOA community and that the two organizations share many common goals that will enhance the ArrowCreek Community Experience.
Over the years many joint arrangements have been implemented between the two independent organizations. These activities continue today and some are recognized with the ACHOA’s CC&R’s. The following easement arrangements recognize the joint cooperation between the entities:
- Easements through the golf course for ACHOA staff to access common area water drainage, retention areas and fire mitigation areas.
- Easements through the ACHOA Common area for TCAC staff to access golf course areas for maintenance, replacement, irrigation repairs and fire mitigation.
- Easements for ACHOA access to its Maintenance Building through one gate providing improved security.
- Easements for TCAC staff to access the grey water pump house for golf course irrigation and repairs.
- Gate access for TCAC non-resident members and guests. This includes tournament player access to the courses as well.
Over the years many shared services between the two independent organizations have also been implemented to the benefit both organizations.
- TCAC sells the ACHOA gasoline for the ACHOA maintenance equipment at TCAC wholesale cost lowering ACHOA expenses. In addition, the ACHOA does not need to haul gasoline from the valley floor to the maintenance area.
- TCAC provides mechanical repairs to the ACHOA maintenance equipment at a discounted price which is 20% below the services from outside vendors. This has lowered ACHOA expenses.
- TCAC has agreed to allow the ACHOA’s snow removal contractor vendor to park and service their snow removal equipment in the TCAC maintenance yard in return for TCAC parking lot snow removal services.
- TCAC has allowed the ACHOA to store certain landscape maintenance equipment within the TCAC maintenance building during the winter season.
- The ACHOA has allowed the TCAC summer youth program to have access to ACHOA tennis, swimming and resident center access. Most of the youth participants are ACHOA member children but it does include grandchildren and resident tenants (renters) of the ACHOA.
- The ACHOA allows TCAC members to drive golf carts on the ACHOA walking paths to gain access to the golf facilities.
- The ACHOA has responsibility to provide security and assist the TCAC concerning unauthorized access to 524 acres of land by non-TCAC members as per the CC&Rs. Access to the TCAC private land by ACHOA members and resulting damage is a shared responsibility of the parties.
- The ACHOA periodically rented TCAC for special community events like the Christmas Party. The costs for such an event were at a discounted price and some of the costs were offset by the above shared services.
- The ACHOA used the large dining room at the TCAC for free for multiple meetings that the Residents’ Club couldn’t handle due to the size of the crowd.
There are several other areas that may present themselves over the coming years for both shared arrangement and services within the community. Both organizations benefit from these relationships and they will help both be successful into the future.
The ACT post of Mr. Fox’s resignation letter is indeed puzzling. if this group sees the AC Board working together well now and believes they will continue to so so, then why would they post this controversial and adversarial resignation letter from Mr. Fox? The truth, it appears, is that Mr. Fox (who I don’t believe authored this letter by himself) and some of his supporters, were disenchanted with the AC Board’s last election results. The current Board, being of fair mind, would not ‘bless’ Mr. Fox’s continued attempts to issue propaganda that seemed to favor the FOA and lead to continued bad feelings in the AC community. The new Board truly seems to be acting objectively, fairly and with resident well-being as their primary concern. This is even further evident since Alan Liebman assumed the Board President position. Mr. Liebman appears to be working diligently to reunite our community so we might move forward in a positive manner.
Mr. Fox states that he “assumes” some people do NOT support continued cooperation between our association and the private golf course corporation. This, Mr. Fox, is far from the truth. Anyone of sound mind wants the golf course to be successful and supports cooperation between our separate entities; we just want assurance that there is distinction between our two enterprises.
There are also several items of misinformation in Mr. Fox’s letter:
1. The Concerned/Caring Neighbors of ArrowCreek (CNA) organization has NEVER issued a newsletter, nor has this been contemplated.
2. CNA is under NO obligation to consult/advise the Board (as Mr. Fox demands) before welcoming new residents to our community. We live in a free country and, as such, have the right to welcome folks without obtaining Board permission to do so. In fact, if the Board had offered this valuable service, CNA volunteers would not have had to do so.
3. The AC Administrative Committee serves as a wonderful community resource. The committee members openly and transparently tried to negotiate new vendor contracts last fall, on behalf of our homeowners. It is unfortunate that Mr. Fox interprets this well-meant effort as an
“attempt to justify the committee’s existence”.
4. Mr. Fox stated that the Administrative Committee “took it upon themselves to start designing a Community Plan”. WRONG again, Mr. Fox. The committee members offered to support the ACHOA Board in the development of such a plan and even now, the committee members stand ready to support the Board with this important effort.
5. Mr Fox stated “there is no need for a community plan as the ACHOA functions perfectly well at the present time”. Thank you for resigning Mr. Fox, as you are certainly no visionary. EVERY community, organization, etc… needs a plan and no community functions perfectly well (as Mr. Fox states) without such a plan. There are innumerable examples of inefficient use of AC funds and resources over the past few years because our community has operated without a Strategic Plan.
6. Mr. Fox stated “future Boards will be limited by what the ‘plan’ dictates”. Untrue. Any future Board can update or modify the plan to fit then existing community needs. Again, Mr. Fox demonstrates his naivete. A short/long term Strategic Plan allows for organized, responsible, and well-thought out planning and action. To do less is a serious disservice to our community.
Though divisive, ACT’s publishing this private communication now actually allows the AC homeowners to see the lack of foresight Mr. Fox had as Board President. This letter appears to be a final act of a frustrated individual (with some equally shortsighted supporters) quitting because he didn’t get his way. Again, thank you, Mr. Fox, for stepping aside to allow our community to re-group, move forward and become the strong, wonderful community it is meant to be.
This letter, that was re-posted from the ACT website, has a number of factual and opinionated false statements.
To begin with, it is a dynamic, growing and prosperous community that will help maintain a viable club, not the other way around. This is evidenced by the growth in club and FOA LLC membership. However, the ACHOA Board of Directors should continue to operate as a separate non-profit corporate entity, even while recognizing that about a third of the ACHOA are now members of the club. The FOA LLC has their own interests, as a for-profit corporation, to protect and look after. Since both ‘corporations’ are bound by the ArrowCreek governing documents, a way must be found to work together, neither to nor for the detriment of the other.
Since ‘the letter’ purports to gain its authority from the HOA CC&Rs, we looked into that assertion. With the exception of two items (noted below), no specific reference was found to support the claims (ACT editors apparently didn’t fact check the article). So, let’s examine the statements in a bit more detail:
1. Easements through the golf course for ACHOA staff to access common area water drainage, retention areas and fire mitigation areas. This assertion is Not documented in the ACHOA governing documents. Should it be a condition on all property owners? It likely belongs in a ‘corporate to corporate’ Memorandum of Understanding, not our governing documents.
2. Easements through the ACHOA Common area for TCAC (The Club at ArrowCreek [a.k.a. FOA LLC]) staff to access golf course areas for maintenance, replacement, irrigation repairs and fire mitigation. This is actually contained in our CC&Rs in Article VII, Section 3, b which pertains to the Non-residential area only.
3. Easements for ACHOA access to its Maintenance Building through one gate providing improved security. This assertion is also Not documented and in fact as an easement it cannot be enforced or it would deny ACHOA access to our property (if this is a big deal, a simple driveway could be created off of Alpine Frost Court).
4. Easements for TCAC staff to access the grey water pump house for golf course irrigation and repairs. This assertion is also Not documented AND is not for the ACHOA to grant. This is a Washoe County easement dating back to the Development Agreement for ArrowCreek/Southwest Pointe.
5. Gate access for TCAC non-resident members and guests. This includes tournament player access to the courses as well. This is actually contained in our CC&Rs in Article VII, Section 3, h which again pertains to the Non-residential area interfacing with the ACHOA.
As can be seen, three of the ‘synergistic’ land uses are NOT covered by property owner CC&Rs. If the ACHOA Board feels compelled to incorporate some of these easements, it would be suggested to look beyond our governing documents.
Implementation of ‘shared services’ to the benefit of both organizations?
1. Gasoline sales – Provides a cost saving to ACHOA and cash flow to the FOA LLC. The agreement is not documented and could be altered at any time. Shouldn’t it be documented?
2. Mechanical repair of ACHOA equipment at a ‘discount’ – Provides a cost saving to the ACHOA while keeping mechanics busy for the FOA LLC as well as some additional cash flow.
3. Snow removal equipment – This equipment was actually kept on ACHOA owned property with access to the property being deemed equivalent to clearing snow from Non-residential area parking lot(s). Storing equipment on ACHOA property does not equate to a synergistic benefit.
4. Storage of landscape equipment during winter – What was done in prior years? Pre-FOA LLC ownership of the non-residential area. A possible cost saving to our ACHOA and since most members of the FOA LLC are also members of the ACHOA it saves them as well.
5. Club youth programs – ACHOA has continued to ‘allow’ use of its facilities without a formal agreement or recognition of any liability in support of the youth in our HOA – even to those not associated with the club.
6. Golf cart use of ACHOA streets – This is an absolutely FALSE symbiotic benefit. Club members using ‘golf carts’ are ALSO members of the HOA, this is not a mutual benefit as owners can use all sorts of vehicles on our roads and paths.
7. Security – The Non-residential area compensates the ACHOA for this ‘service’ by paying the amount specified in Article VII, Section 2 of the CC&Rs (currently $1308 per month).
8. Use of The Club at ArrowCreek by the ACHOA – When the ACHOA Board, under Sam Fox, was questioned about this item we were told “…. There was no charge as members of ‘The Club’ sponsored the ACHOA activities…”. So, suddenly this is a symbiotic benefit?
9. Further use of ‘The Club’ – The ACHOA Board under Mr. Fox, and the Reserve committee under Mr. Burkett, recognized that when large numbers of owners attended meetings the Residents’ Center would not support those gatherings, AND did nothing to improve our ACHOA facilities to accommodate the necessary gatherings. No plan: NO Vision.
This ‘letter’ certainly projects a perspective of The Club at ArrowCreek first and the ACHOA second. We need mutual respect between the two organizations in order to move our community forward with a new vision that embodies all of the owners, not just those who have chosen to join ‘The Club’ or FOA LLC.