CNA Response to Segerblom Opinion of June 17

Concerned Neighbors of ArrowCreek have sent a response to ACHOA counsel Eva Segerblom’s unprofessional reply to Mr. Duncan’s query to the ACHOA Board concerning assuming additional debt to acquire the golf course/common land/destiny or whatever it is called these days:

Sent: Friday, June 12, 2015 11:55 AM
Ms. Tarantino and Mr. Fox,

It has come to the attention of the Concerned Neighbors of ArrowCreek that there appear to be further limitations placed upon the subject acquisition.

The additional prohibition is contained in Article VII in the Articles of Incorporation. The prohibition 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 organization’s hat on the phrase in paragraph d, “The Association may 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. The meaning of these articles is clear. Unless our purposes have been altered, no debt shall be taken-on by the members of the ACHOA Corporation other than that needed to fulfill Article IV.

I’m certain you’d like to get clarification of this issue from our ACHOA attorney prior to a vote on an acquisition. Currently, such a vote would certainly appear to violate our Articles of Incorporation as the proposed incurrence of debt does not fulfill any stated purpose.

With best regards,
Ron Duncan

The ACHOA Maddox, Segerblom and Canepa opinion received via Jeanne Tarantino e-mail on July 1, 2015, is here.

The CNA Spiegel, Liao & Kagay response sent via email July 14, 2015, is here.

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

The Caughlin Club and The Lakeridge Tennis Club

FOR SALE: The private Caughlin Club athletic club offers a 23,396 square foot clubhouse and 5,000 square foot preschool adjacent to the clubhouse. The site offers 9 championship tennis courts, a complete health center, a 25 meter swimming pool with children’s pool and whirlpool, and a full size gymnasium.

The Caughlin Club is part of Caughlin Ranch, in Reno Caughlin Ranch was developed in 1984 and is a 2,400 acre master planned community. This community is made up of ponds, walking trails, and extensive landscaping in the common areas, to make it one of Reno’ s most premier and sought after residential communities. …more

FOR AUCTION: Lakeridge Tennis Club is also in foreclosure on a $10M loan and headed for the courthouse steps on the 25th.

Posted in Caughlin Club, Lakeridge Tennis, Reno, Reno Real Estate | Tagged , , , , , , , , | Leave a comment

Attention ArrowCreek Homeowners: Somersett Golf Course Financials

As some ArrowCreek residents are already aware, the owners in the Northwestern Reno Development of Somersett have been going through some similar activities to those of ArrowCreek. Today’s Somersett United blog discusses a further presentation of the 5 year plan for their amenities and the woes of their golf course financials.

“In response to a homeowner comment on the Canyon Nine Pipeline post inquiring, “Any thoughts of raising fees for course usage to cover the cost of course maintenance”, the following data derived from the SOA 2015 Budget is offered.

  • Annual operating expenses for Canyon Nine – $324K
  • Annual revenue realized from Canyon Nine – $41K
  • Monthly unit assessment to support Canyon Nine – $10

Given the above it is obvious that raising usage fees to cover a $283K deficit is not practical.  As with all Association amenities Canyon Nine is not self supporting and therefore reliant on homeowner assessments.”

The whole Somersett United message is here.

Looks like a special assessment may be in the near future for Somersett homeowners.

PAY ATTENTION, ARROWCREEK HOMEOWNERS!!

Posted in ArrowCreek411, Golf, Golf Developments, Somersett | Tagged , , , , , , , , | 1 Comment

RGJ: Sparks Votes to Drop Kiley Ranch Golf Course

The Reno Gazette Journal article by Chanelle Bessette (cbessette@rgj.com) reports that the Sparks City Council voted unanimously to drop the 2003 previously – approved plans for a golf course and 338 residential units in Kiley Ranch.

The City Council agenda item said that the property owners of Kiley Ranch requested to abandon the planned development handbook because the property will never be developed according to the plans first approved in 2003.

The original plan in the 2003 handbook was to develop the area’s 279 acres into a golf course and 338 residential units with the remaining land left as open space. After the handbook’s approval, however, the city decided to not develop the golf course. The parcels currently remain vacant and there has been no development or improvement of the land.

The three property owners that make up Kiley Ranch include Rising Tides LLC, Golden Triangle LLC and the Kiley Ranch Preservancy Foundation.

Presenting before Sparks City Council were senior city planner Karen Melby and Rising Tides LLC representative Lois Brown.

“Nothing has happened (in terms of development),” Brown said. “There’s no appetite for anyone to pay for a golf course.”

The western properties owned by Rising Tides LLC are planned to be incorporated into the Kiley Ranch North Planned Development, the agenda item said.

The wetland parcels north of Spanish Springs Diversion Dam and west of Vista Boulevard are owned by the Kiley Ranch Preservancy Foundation and will remain as wetlands and open space. The three parcels owned by Golden Triangle LLC are anticipated to be developed as a mix of residential and commercial land uses.

See article here .

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The ArrowCreek July-August 2015 Newsletter is Available

See the new newsletter here: ArrowCreek Newsletter Page

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Come See the Art Show Today!

The ArrowCreek Art Show “Art on the Greens” is quite busy right now! Come see all the buzz! Great music! We will be here until 7 tonight! Not much time left! Artown LogoLots of great paintings, glassware and unusual art objects to be seen! Most of the ArrowCreek artists have been busy for weeks.

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ArrowCreek Art Guild is proud to be an official activity of Reno’s Artown for the first time. Plan to come over to see the one-day show on Sunday, July 12, 2015 from 11 am – 7 pm. There will be art to view and buy, food, wine, music and golf. Putt your way to some raffle tickets for awesome prizes. Raffle tickets are available for sale as well.

More details here on-line at the Artown website.

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Artown TCAAC-01

ART_TwentyYearLogo_FThe ArrowCreek Art Guild is proud to be part of the 20th Anniversary of Artown and the July 2015 Festival. The month-long summer arts festival features approximately 500 events produced by more than 100 cultural organizations and businesses in locations citywide. Artown receives major funding from the City of Reno, and is sponsored by U.S. Bank, NV Energy, IGT, Grand Sierra Resort, University of Nevada, Reno, Wild River Grille, Washoe County, Reno Tahoe USA, Fox 11 News 4 and My21TV, Reno Media Group, RGJ Media, KUNR Public Radio and KNPB Public Television. Additional support is received from the Nevada Arts Council and the National Endowment for the Arts.

PDF File for printing

Posted in ArrowCreek Art Guild, ArrowCreek411, Art, Art Show, ArTown | Tagged , , , , , , | 1 Comment

ArrowCreek Owners: Where Are You?

By Dan Carrick (Original post is on the Voices to the Webmaster page)

I attended the ACHOA Community Meeting this past Tuesday evening (July 7) and was struck by the way I have emotionally responded to what was presented. Let’s just say that I am irritated, irritated by the ACBOD, FOA and the approximately 900 property owners who weren’t there.

Ostensibly this was a meeting of the AC Communications Committee representing the interests of the HOA.

It is my opinion that only the interests of the FOA were represented.

The advertised thrust of the meeting was to discuss the alternatives to having a golf course environment by transitioning the two golf courses to become brown native open space, a park-like environment with trees, pavilions, etc. to possibly having outdoor sports incorporated which would charge money to the public for participation.

The presentation was moderated by a professor at UNR and had as participants a landscape representative of Moana Nursery and the Washoe County Operations Superintendent (Parks & Rec). The purpose of the professor was to be a neutral person, the purpose of Washoe County was to discuss what failed golf courses were turned into and how they are managed and Moana discussed the estimated cost of going brown or conversion to another purpose (spreadsheet identified it was prepared for FOA).

The short synopsis is that nobody would ever want an expensive park which would charge money and be open to the public and it was shown to be clear that it’s much more cost effective to purchase the current golf club than doing anything else including a return to nature.

This whole exercise was a sham! I assume paid for by the HOA, you know, us, to positively show us that the FOA needs to be bought out!

Nowhere was there a whiff of the option of encouraging the FOA to become a raging success. Clearly it isn’t an option to the ACHOA BOD. Why not? Who drives these people to pursue what a whole lot of home owners don’t want. Is there any daylight between the BOD and the FOA? I really don’t understand what’s going on here; it’s enough to make me a drunken conspiracy theorist.

I have tried to attend as many of the HOA presentations and monthly meetings as possible. What has become clear is that participation in these community meetings is heavily weighted to people who have golf interests. Based on this past meeting I would say it’s probably 90% golf, 10% non golf. Someone stood up and pointed out that when a pro-golf person speaks it’s followed by clapping, when somebody else speaks it’s silence, sometimes with an air of disapproval (I am paraphrasing).

It’s clear to me that these community meetings are just sales pitches that will lead to only one conclusion. Somebody the other night wanted some hard numbers of what it means to our monthly fees. Well, so far the only answer is that nobody knows yet but it’s being worked on. Let’s face it, the hard number won’t be presented until the FOA finishes it’s sales campaign and the membership has been softened up a bit.

OK, here is my other gripe: People out there, where are you? What is this apathy?

I don’t understand it. Don’t you care? I personally am conflicted, it may well turn out that buying the property and leasing to APMG is the correct answer going forward, it may not. But why don’t you participate? Quite frankly the ACHOA BOD really only hears approval or disapproval of their actions from the golf interests. Is it such that if the HOA comes to you and wants a bump of any amount of money, say $10.00/mo., the answer is automatically NO! Well, that might not be very bright either, would it?

I would like to hear from others out there. Why aren’t you at these meetings?

Thanks

Dan Carrick

Posted in ACHOA, APG, ArrowCreek, ArrowCreek HOA, ArrowCreek411, Communication, Community, FOA, Friends of ArrowCreek, Golf, Golf at ArrowCreek, Golf Course Purchase, HOA, The Club at ArrowCreek | Tagged , , , , , , , , , , , , , , , , , , , , , , | 17 Comments

FOA – ACHOA Letter of Intent Date Not Extended — But We’re Still Secretly In Discussions

Mr. Fox and Ms Tarantino:

This is a most interesting paper trail and leads one to surmise there is not only a severe communication problem here in ArrowCreek but there is also an alarming lack of transparency.

Here is the paper trail regarding ACHOA and intent to purchase this community’s golf courses.

7/1/15  Ms. Tarantino sends an email to Ron Duncan, et al and states:
“Lastly, the FOA Letter of Intent has been mutually extended to allow the ACHOA Board to finish its due diligence and vetting process. The ACHOA will report the results of this due diligence at an appropriate time when completed.”

7/2/15  Mr. Fox sends an email to Wayne Krachun, et al, stating: “The LOI expired in May and has not been extended.”

7/7/15  Ms. Tarantino sends an email to Wayne Krachun, Ron Duncan, et al, stating:  “The Letter of Intent between the ArrowCreek Homeowners Association, Inc. and the Friends of ArrowCreek, L.L. C. expired on May 31, 2015 and has not been extended.  However, both parties are operating under a Non-Disclosure Agreement concerning financial information and business propositions.”

First the deal is on (7/1/15), then it is off (7/2/15), then it is “secretly” on (7/7/15).  This is an unacceptable manner for an HOA Board to conduct business and it appears to show a lack of regard for what the majority of AC homeowners want the Board to pursue. It also seems to demonstrate a lack of transparency and integrity on behalf of our Board.  We only found out about the current “previously secret” negotiations because of persistent AC resident questioning.

Mr. Fox, you and your fellow Board members need to LISTEN to what the majority of AC residents want in terms of golf course purchase here in ArrowCreek and cease and desist in trying to “bail out” the FOA.  They were not authorized to make this purchase on behalf of our community; let’s quit acting like that is the case.

I can see why Ms. Tarantino sent her first email stating the FOA Letter of Intent was mutually extended.  By all outward appearances (the ACHOA Board’s behavior of operating under a Non-Disclosure Agreement), one would think the letter had been extended.  The difference is, the Board apparently decided not to reveal their endeavor to pursue purchase of the FOA golf courses to the AC residents.

It is also disappointing that in Mr. Fox’s email to Mr. Krachun et al, on 7/2/15, Mr. Fox failed to disclose that the ACHOA Board was continuing to pursue golf course purchase, via a Non-Disclosure Agreement.  This is a serious and alarming example of “omission” of information and leads one to believe perhaps Mr. Fox did not want AC residents to know about the Board’s continued endeavors to purchase of the AC golf courses.

We implore this ACHOA Board to stop pursuing purchase of the AC Golf courses from the FOA and let free enterprise take its course.  More simply put, “butt out of what is not your business”.

Thank you,

Margaret McConnell

Posted in ACHOA, ArrowCreek, ArrowCreek HOA, Communication, FOA, Friends of ArrowCreek, Golf at ArrowCreek, Golf Course Purchase, The Club at ArrowCreek | Tagged , , , , , , , , , , | 2 Comments

Analysis of Golf Course Closure Impacts on Home Sales Price Trends

Obviously some folks last night at the ACHOA Communications Committee Informational Meeting haven’t paid attention to this study; I repeat it here. Not that there is any chance that they would read it on their own but to make it easier for any of the AC411 readers to point it out as they see fit. There was no preconceived conclusion given as guidance to Mr. Bonnefant at the beginning of the study so the conclusions are his professional ones alone – based on his extensive expertise.

arrowcreek411's avatarArrowCreek411

Brian Bonnenfant, Project Manager for the Center for Regional Studies, College of Business at the University of Nevada, Reno (UNR), was commissioned by The Concerned Neighbors of ArrowCreek (CNA) to do the Analysis of Golf Course Closure Impacts on Home Sales Price Trends study and report. It reviews property values of D’Andrea and Northgate prior to and post golf course closure. You are welcome to review it and draw your own conclusions; however, after the closing of the golf courses, property value trends follow economic trends with no difference noted between those properties adjacent to the golf course and those that are not.

Single‐family properties directly adjacent to the D’Andrea and Northgate golf course land were analyzed for property value trends before and after the closure of their respective golf courses to determine the impacts of the golf course closures on property values. The analysis is based on transactions that…

View original post 129 more words

Posted in ArrowCreek, Brian Bonnenfant, D’Andrea, Golf, Golf Course Closure, Home Sales, Home Values, Northgate Golf Course, Reno, University of Nevada - Reno, UNR, Washoe County | Tagged , , , , , , , , , , , , , | Leave a comment

NRS 116.31035

NRS 116.31035  Publications containing mention of candidate or ballot question: Requirements; limitations.

1.  If an official publication contains
any mention of a candidate or ballot question, the official publication must, upon request and under the same terms and conditions, provide equal space to all candidates or to a representative of an organization which supports the passage or defeat of the ballot question.

2.  If an official publication contains the views or opinions of the association, the executive board, a community manager or an officer, employee or agent of an association concerning an issue of official interest, the official publication must, upon request and under the same terms and conditions, provide equal space to opposing views and opinions of a unit’s owner of the common-interest community.

3.  If an association has a closed-circuit television station and that station interviews, or provides time to, a candidate or a representative of an organization which supports the passage or defeat of a ballot question, the closed-circuit television station must, under the same terms and conditions, allow equal time for all candidates or a representative of an opposing view to the ballot question.

4.  The association and its officers, employees and agents are immune from criminal or civil liability for any act or omission which arises out of the publication or disclosure of any information related to any person and which occurs in the course of carrying out any duties required pursuant to subsection 1, 2 or 3.

5.  As used in this section:

(a) “Issue of official interest” means:

(1) Any issue on which the executive board or the units’ owners will be voting, including, without limitation, elections; and

(2) The enactment or adoption of rules or regulations that will affect the common-interest community.

(b) “Official publication” means:

(1) An official website; [Read that as the Associa ACHOA website where the notice is.]
(2) An official newsletter or other similar publication [Read that as the Associa ACHOA email blitz for the notice and reminder] that is circulated to each unit’s owner; or

(3) An official bulletin board that is available to each unit’s owner.

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