AC Control, AC Control, We Have a Problem

By Wayne Krachun

Mr. Kenny proposes that we pay $3.3 million for acres devoted to a dying hobby. We then collect rent of $4,000 (keep in mind The Club is already paying us $16,000 for road fees.) So, the payback on this investment is 825 years?!? But wait, we’re responsible for fire mitigation, funding capital replacements, environmental issues, and keeping 9 or 18 holes green for a year when the FOA claims financial woes!?!?

And this crack Negotiating Team that includes Messrs. Kenny, Burkett, Fox & Reeder believe this Proposal is in the best interests of us owners because we “control our own destiny”??

That’s some destiny all right. And Mr. Kenny advised that each one of us has to decide if this makes sense. Please don’t insult our intelligence.

ArrowCreek owners, we have a problem. There is a major disconnect between us owners and this group whose agenda is to subsidize The Club.

Posted in ACHOA, ArrowCreek, ArrowCreek411, Bail Out Golf Course, Control Destiny, Control Our Destiny, FOA, Friends of ArrowCreek, Golf at ArrowCreek, Golf Course Purchase, Golf Developments, HOA | Tagged , , , , , , , , , , , , , | 2 Comments

Some Thoughts on the Current State of Affairs

By Shawn

Although I could not attend the HOA meeting on 10/6/15, with the help of a detailed report from my neighbor and postings on the AC411 website, I had a stunning realization. The reason why we as a homeowners association have been stuck in a rut is because nobody really feels responsible. Our Vice President, Robin Rakusin, apparently declared that she is just a volunteer, and does not respond to shareholders. She is correct, that in the legal sense, HOA board members cannot be held accountable, except in the case of malfeasance. Was this statement meant in this narrow sense, or could it be symptomatic for the entire HOA board and boards past?

Jeanne Tarantino stated that the HOA board is managing our employees, but that Associa has been doing annual performance reviews and site visits. If anyone had been doing site visits, there is no way that they could not have discovered over the years that the Residents Club activities director Brenda is never to be found in her office. People don’t even know that someone is supposed to be in this office from 9:00 to 5:00. If they would have done random phone calls to her office, they would have found that it takes an average of 48 hours to get a return call. Repeated inquiries to previous HOA Boards as to what exactly the operations manager, Jeff Anderson’s job is and requests for productivity reviews have been ignored. I don’t know who is responsible for monitoring our grounds, but it takes days for major water leaks along AC parkway to be repaired. If anyone had visited the pool, they could not have missed that the weeds that grew to be waist high this spring are now brown and dead. That is 6 months of neglect. Year after year the Activities Director gets a handsome salary of about $40,000 and the Operations Manager about $90,000 for this kind of service. Last year’s bonuses for our employees were bigger than ever. Who decides on the bonuses and based on what criteria? Years back Jeff Anderson got a bonus of $5000. What warranted that for a management (salaried) position in a non-profit organization?

A good managing company might have assisted our boards to improve our community over the years, and ensure that we make the best use of our money for the benefit of all. Instead, we had to pay for an expensive demographic study to tell us what is important to our community – – the amenities we already have. Doesn’t Associa manage other communities? Shouldn’t Associa consequently have been guiding our boards to better our community based on their years and scope of experience? Or is Ms. Tarantino correct and the board has ignored Associa’s expert advice to the point that Associa now only reacts when approached by the board?

A good managing company should have recognized well before it had gotten to a critical point, years ago, that we were underfunding our reserve funds. Now, the “temporary” increase (about double of what the HOA fee was in 2005-6) established to replenish our reserve funds remains in place 8 years later, and we now routinely have an annual surplus. In fact, because this is an annual occurrence, instead of recalculating the monthly assessment or determining what can be done with these funds to better the life of those living here, the board decided to create a new account into which the annual surplus would be deposited at the end of each year. As the professionals, the managing company should assist those who volunteered to become the HOA treasurer or budget committee members to recognize such things, but instead, business has gone on as usual. One must ask, what all could have been accomplished with our HOA fees and reserve fund surplus over the years to truly enhance the quality of life for all homeowners? Because the board is of a volunteer nature, made up of people with varying backgrounds and skills, direct daily collaboration with a competent and committed professional management company is paramount. It appears as though there has been a serious lack of this between the current managing company and the board, present and past.

Personnel management is a hands-on game, and with past and present boards, the homeowners have been on the losing end of this game. A community cannot be managed reactively, at arm’s length from an outside office. We need a new, more effective approach to managing our staff and our community.

The contract for a managing company is up for renewal/renegotiation. They are paid by us, the shareholders, and should work in our best interest. We are entitled to know the details of what Associa and First Service have to offer, and at what cost prior to a vote by the board. We should then know which company got the contract and, most importantly, why. I support Mr. Unruh’s request to the board to opt for a new management company.

First Service offers to be on site 5 days a week, offers HR services and training as part of their basic, standard contract. First Service Management Company also does perform budget management in 80% of their communities. Would this level of service be an additional cost to our current contract with Associa? Good reason for a change.

We have board elections coming up. Three board positions, including that of the current vice president are up for election. We deserve people who have a sense of responsibility and financial accountability towards us, the homeowners.

It’s time for us to move in a better direction, and moving to a new management company with new ideas and new approaches and demanding an effective collaboration with the management company by our elected board members is a prime place to start. The only good thing about the golf course debacle is that it has made us look at things with a critical eye. Does that mean there actually might be reason to hope for change?

See also
Some Thoughts on Community Management Company Discriminators

Posted in ACHOA, ACHOA BOD, ArrowCreek, ArrowCreek HOA, ArrowCreek411, Associa, Community, Community Management Company, Decision Analysis, FirstService, HOA, HOA Management, HOA Management Companies, HOA Management Company | Tagged , , , , , , , , , , , , , , | 2 Comments

Don’t Hurt Yourself! Especially with this Real Estate Proposal!

By Ron Duncan

Things you, the homeowner, should NEVER DO:

  1. Hit your thumb with a hammer! It HURTS YOU. So don’t do it!
  2. Sue yourself. The lawyer gets rich! It HURTS YOU. So don’t do it!!
  3. Negotiate with yourself. No one wins! It HURTS YOU. So don’t do it!!!


So we, the homeowners, have this “deal” in front of us, the homeowners, and, guess what? We, the homeowners, negotiated with ourselves, the homeowners!

The Table

… and the “DEAL” that WE, the homeowners, dealt with us, the homeowners – DO NOTE: All of the “negotiators” are ACHOA members – contains the following points:

  1. WE, the homeowners, pay $3.3 MILLION for 475 unimproved acres leaving ‘The PRIVATE Club’ to the FOA on 50 acres.
  2. We, the homeowners, pay for FIRE Mitigation on the 475 acres that FOA/ArrowCreek owners have done NOTHING about.
  3. We, the homeowners, pay for cart path replacement, bridges, viaducts/tunnels, restrooms, major irrigation with an effluent, water supply and sewer line replacement on our, the homeowners, 475 acres.
  4. We, the homeowners, pay to keep any FOA-designated unused portion of the golf course “dormant” for one year – The current Letter Of Intent states the FOA will bill the ACHOA $160,000/year for every 9 holes in this condition!
  5. We, the homeowners, pay to redefine the parcels that the FOA intends to keep PRIVATE.
  6. We, the homeowners, pay for ANY drainage issues on the 475 unimproved acres and promise to minimize any business impacts to the FOA.
  7. We, the homeowners, will modify our CC&Rs, By-Laws, and ASSESSMENTS to implement the above payments.


Are we, the homeowners, HURTING OURSELVES, the homeowners, with this so-called “deal”??

The Private Club certainly benefits. But do YOU, the homeowner?

Posted in ACHOA, ArrowCreek, ArrowCreek HOA, FOA, Friends of ArrowCreek, Golf at ArrowCreek, Golf Course Purchase, Golf Developments, Golf Purchase, HOA, Negotiating with Yourself, The Homeowner | Tagged , , , , , , , , , , , , , , , | 3 Comments

LOI: ACHOA Members Are Simply a Bank – Shouldering All the Risk

by Robb Smith

I missed the Tuesday night board meeting but just read the LOI that was sent out, and after reading it I have to imagine the Tuesday meeting was full of fireworks.

I’ve probably been one of the more moderate voices in this conversation, and after we were informed that the board had dropped the discussion I assumed that it was a dead issue (and if it were to be resurrected we’d be informed that discussions had recommenced, which I had not heard).

Upon reading the LOI, my judgment is that this seems like a fairly terrible deal for ACHOA. I hope that I am missing some details or color in some way that will make me wrong, and if so please advise. Here is my take:

As proposed, the agreement seems to return all of FOA’s capital, plus what looks to be a 50% gain (though I recall the basis might be higher than the $2.2 million purchase price because of taxes?), without securing the essential benefit that was proposed the entire time: complete and unmitigated control of our community’s destiny. Rather it creates a hybrid structure whereby our ownership of the golf course land is divorced from ownership of the “intelligent” assets in the club and community parcels, and compounds that by providing for a very long-term land lease that essentially keeps us in the golf course business (all the risk) without retaining any control of being in the golf course business (and none of the upside).

It’s debatable as to whether we should be in the golf business, but if we’re going to be at the very least we need to have complete control over all the assets that can influence that destiny.

As structured, this is simply a recapitalization where we (ACHOA) act as the underwriter; FOA has retained not only the capital gain upside on critical assets essential to the whole operation of the deal, they have also retained effective control over the entire asset base in all forms of its highest and best uses. This was a very smart deal for them to strike, but I’m not sure how they got it done. Whoever negotiated on behalf of ACHOA got rolled.

To make matters worse, FOA can still decide that a portion of the course is not economically viable and let it go brown. Not only was avoiding this boogey man the entire basis of ACHOA doing the deal to begin with, ACHOA has to help pay for such a shutdown.

Then there are details that are left uncertain in the LOI: for example, once I have signed up for $3.3 million of debt service as a member of ACHOA, do I have complete access to all golf and social club amenities? The LOI explicitly allows for current golf club members having access to the club, but it does not say the inverse, whether the new land owners will have access to the club.

For what it’s worth, if I was negotiating on behalf of FOA, I’d call a spade a spade on this point: “of course you’re not allowed access to the golf club, you’re simply a bank who has underwritten a large piece of land on our overall balance sheet.” And that’s the crux of the matter by my reading: as this deal is proposed, not a single objective that was outlined as a theoretical basis for doing a deal like does this structure achieve. We’re simply a bank that is financing one of the many assets of FOA’s business, and it is the largest and “dumbest” of the assets at that.

Either sell the course and all assets in total to FOA, or don’t.

Again, I do hope that I’m reading this wrong or that there are details that advocate for a better interpretation. If so, please let me know.

Warm regards,

Robb Smith

Posted in ACHOA, ACHOA BOD, ArrowCreek, ArrowCreek HOA, ArrowCreek411, Bail Out Golf Course, Control Destiny, Control Our Destiny, FOA, Friends of ArrowCreek, Golf at ArrowCreek, Golf Course Purchase, Golf Purchase, HOA, Investment Opportunity, LOI, Opportunity to Invest | Tagged , , , , , , , , , , , , , | 6 Comments

The Bear(s) Is(Are) Out and About Already!

The green trash cans are being tipped by bear(s) already – so don’t put your garbage out early!! Or you will have a mess to clean up in the morning!

Info on wildlife problems:
Associa Info and Resources on Wildlife Problems AC 9-2015

ArrowCreek 411 Phone Number Page

We had a bear destroy our metal poled bird feeders in 2009.

Aftersm

We had several more visits in 2013. These photos are of the bad, bad bear that already had a tag in each ear when he got the bird feeders again on Oct 17 and returned on the 18th, but to his dismay, since that Oct 17th we now take in the BIRD feeders at night. All of the bear photos were taken through the window from the safety of being INSIDE the house.

The first two photos are early in the morning of Oct 17, 2013.

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These photos are from around 10:30 pm on Oct 18, 2013, looking for more bird seed! The photos have been enhanced (lightened).

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Related: Baby Bear Seen Crossing ArrowCreek Parkway Today!

Posted in ArrowCreek, ArrowCreek411, Bear, Wildlife | Tagged , , , , , | Leave a comment

Some Thoughts on Community Management Company Discriminators

Continue reading

Posted in ACHOA, ACHOA BOD, ArrowCreek, ArrowCreek HOA, ArrowCreek411, Community Management Company, FirstService | Tagged , , , , , , , | 5 Comments

ACHOA BOD Past Meeting Information

ACHOA Board meeting agendas, minutes and presentations that are older than ArrowCreek411’s creation day of December 1, 2014 are now posted. They are posted on the ACHOA Board Notices link to the top right and as the first link on the ArrowCreek Parkway page.

Click here for ACHOA Board Agendas, Minutes and Meeting Presentations

Posted in ACHOA, ACHOA BOD, ArrowCreek, ArrowCreek HOA, ArrowCreek411 | Tagged , , , , , , , , , | Leave a comment

ACHOA-FOA Letter of Intent (LOI) Signed 9-28-15

The ArrowCreek Homeowners Association, Inc. and the Friends of ArrowCreek Limited Liability Company (“Parties”) have entered into a Letter of Intent that represents an expression of each parties’ interest to negotiate only and each party reserves the right of final approval or disapproval for any reason, of a Final Purchase Agreement and Lease. The Letter of Intent is not binding on either Party and is intended to merely establish general deal point agreements only as presented at the last ACHOA Special Board meeting.

The resulting contracts (Purchase Agreement and Lease) when executed by both parties shall contain the full agreement, The parties understand that execution of the Purchase Agreement and the Lease are both contingent upon amendment of the ACHOA Governing Documents, ACHOA member approval of the purchase, ACHOA member approval to encumber common area to finance such purchase and the Friends of ArrowCreek Limited Liability Company membership approval vote for the sale.

ArrowCreek Homeowners Association, Inc, Board of Directors
CLICK HERE TO VIEW/PRINT THE ACHOA-FOA LOI Signed 9-28-15.

Posted in ACHOA, ACHOA BOD, ArrowCreek, ArrowCreek HOA, ArrowCreek411, FOA, Friends of ArrowCreek, Letter o Intent, LOI | Tagged , , , , , , , , , , , , | 6 Comments

Undeveloped Lots in a Golf Community For Just $1.00 ?!

By DAN BURLEY – dburley@islandpacket.com
JUNE 5, 2015

“In Beaufort County’s most elite communities, mandatory memberships are driving down property values, according to some property owners. Real estate agents call it a passing trend, but there are more $1 lots for sale today than at the peak of the recession.”

Read more here: More Luxury Lots Available For Just $1 Today Than During Recession or print pdf.

Posted in Golf Developments, Property Value, Real Estate Value | Tagged , , , , , | 2 Comments

Mailed Notices From “Your Concerned ArrowCreek Neighbors”

These notices, such as this one attached were received via mail by some homeowners in ArrowCreek very shortly after the ACHOA meeting where Rich Kenny outlined the HOA/FOA Agreement at the Special Golf ACHOA Board Meeting on Wednesday, Sept 16, 2015. It was not a large mailing from what we could discern. Also to notice, it was not mailed by the Concerned Neighbors of ArrowCreek (CNA). CNA had no knowledge of this flyer until some of the CNA members received it themselves. CNA would appreciate to be contacted by the individual or individuals who sent it as “Your Concerned ArrowCreek Neighbors” so we could join forces. See Ron Duncan’s contact information in the lower part of the right-hand column.

Posted in ACHOA, ACHOA BOD, ArrowCreek, ArrowCreek HOA, ArrowCreek411, Communication | Tagged , , , , , , , | Leave a comment