These thoughts were received from L.S. in response to recent postings from Ellie, Shawn, and the ACHOA President’s newsletter:
It has been interesting to follow the ongoing discussions. Reading the comments, Al Liebman’s president’s message, and thinking back to what transpired over the past 2 years, it seems that going forward one specific problem facing us is how to keep the interests of the HOA separate and distinct from the interests of the golf club/FOA LLC. At times the interests will be similar or even the same. Sometimes interests might be opposed. What this should mean in practice, is that all of our elected HOA board members and our volunteer committee members, whether they are regular, meaning unaffiliated residents, golf club members, or FOA investors, have the absolute fiduciary duty to solely represent the interests of the ArrowCreek community as a whole.
All residents or resident groups of ArrowCreek, whether they are golf club members or FOA investors or neither, have the opportunity to bring their interests, concerns, and ideas to the attention of the HOA board during the public comment periods of HOA meetings, by sending letters to the HOA board, and organizing meetings or presentations.
The interests of The Club at Arrowcreek, on the other side, are those of a private enterprise, and should only be brought to the community and the HOA board as a private initiative by the FOA LLC. For example, in case of a future business proposal by the FOA LLC to the HOA, the FOA alone should be responsible to prove its merits to the community. The manner in which The ArrowCreek Club Committee was allowed to autonomously function “behind the scenes” over the past two years, and be the voice for the board’s point of view, should have never been allowed, especially as a board sanctioned committee with HOA board members, golf club members, and in the beginning FOA members, as committee members. There should be no HOA board or committee involvement until a survey demonstrates general support for the FOA’s business proposal. Only then should the process of vetting information, obtaining independent expert opinions, and so forth be initiated. It appears that Alan Liebman acknowledged this very issue in his message from the president.
Regarding the current issue of determining the specifics of the collaboration between the HOA and the FOA LLC and related changes to our CCR’s, there must be no doubt that the HOA is represented by objective, unbiased board members, committee members, and HOA counsel. As the second party of this negotiation, the FOA should be responsible to select their own representatives and hire their own legal counsel. No overlap of the two negotiating teams should be tolerated. Currently, the Governing Documents Committee working on the review of our CCR’s and of the rights and responsibilities of the owner of the golf course has three golf club members, and one FOA member out of a total of six members.
There should be opportunity for community input and review as the collaboration discussions proceed. If that means that the process takes longer, so be it. Merely presenting a fait accompli as was repeatedly the case with the different versions of the golf club purchase clearly did not work and resulted in a great deal of wasted time and money.
These are some basic and common sense principles to be considered as we review our community documents to recognize the change of ownership of the golf club. A series of town hall meetings would provide opportunity for community input and, for the board, the opportunity to learn what residents are thinking and feeling regarding our HOA and about how to openly work together with The Club at Arrowcreek.
Just my (unsolicited) opinion.
ArrowCreek Resident since 2006