Aww, Due Diligence or The Lack Thereof

In March of 2002, the ‘Developer’ of the ArrowCreek Community turned over management of the community to the ArrowCreek Homeowners Association, Inc. (ACHOA). The turnover was not smooth with the primary issues being financial. Especially, the amount provided for reserves. Once that was ‘resolved,’ the Board of Directors (ACBOD) could focus on expenditures. One of those ‘expenditures’ was the bridge on the Emergency Road off Granite Point Court. The ACHOA Board was ‘informed’ by Southwest Vista HOA and ACHOA legal counsel that ACHOA was not the owner of the bridge, but it was part of the evacuation route for ACHOA community members. The bridge adjoins ACHOA common area, but it is not on ACHOA property, and this was determined in 2020 (18 years after ASSUMING control of the community). Due Diligence missed?

A comparable situation arose in 2010, regarding ‘Snippets.’ These driveway access trails were found not to be part of ACHOA holdings and resulted in owners having to pay extra for the maintenance and upkeep of these ‘Trails.’ Impacted owners were upset with the escalating costs of maintenance and took the ACHOA, which included themselves, to court. On 16 July 2024, the ArrowCreek Community was informed of a Judicial ruling concerning the maintenance of the Five Trails (Snippets) within our development. The Court, finding that the ACHOA had maintained and captured these road segments from the turn-over date until 2010 should continue that practice immediately. A partial analysis of this situation is captured below, concerning these driveway accesses which are not ACHOA deeded common area property and, in fact, two of the Snippets are specifically labeled ‘Private Access.’

So, because we, the members of the ACHOA, failed to perform Due Diligence, we will pay a $215 special assessment per lot and hope no other gotcha’s come out of the woodwork.

Ron Duncan

21 July, 2024

Analysis of data from HOA Maps and Washoe County Assessor’s Office Public Records:

  • Iron Eagle Trail – Definition: 40 Ft Iron Eagle Trail PRIVATE ACCESS AND DRAINAGE EASEMENT
    • James & Sarah Slonum [7.5-year residence]
    • Mikhail & Victoria Kazimirov (2 Properties) [23-year residence]
  • Grey Hawk Trail – No Definition
    • Joseph & Shelley Petite (2 Properties) [19-year residence]
    • Theodore & Dominique Sweeney {Shirley Shales} [20-year residence]
    • Peter & Carolyn Littlehale [26-year residence]
    • Angad & Cheenu Sandhu ]6-year residence]
  • Window Rock Trail – No Definition
    • Lawrence Zirbel [17-year resident]
    • Jack & Cathy Bonura [4-year residence]
    • Amanda & Cameron Field [1.5-year residence]
    • Charles Shalvoy [8.25-year residence]
    • Douglas & Christina Adams [10-year residence]
  • Morning Song Trail – No Definition
    • Donald Rugg [Partial year golf home – 15 years]
    • Gregory & Lisa Botto [4-year residence]
    • Michael & Pamella Bocciocco [4-year residence]
  • Zuni Ridge Trail – Definition: 40 Ft PRIVATE ACCESS EASEMENT DE (Drainage Easement) & PUE (Public Utility Easement)
    • Tamara Taber (Gary Kluck) – [3.5-year owner]
    • Brian Froehler – [15-year residence]

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