August 19, 2020
Dear Homeowner and Member,
You are receiving this letter pursuant to your membership of the Lewis & Clark Homeowners Association, Inc and pursuant to your homeownership which is subject to those certain Restrictions and Protective Covenants of Lewis and Clark Subdivision which have been of public record in the office of the recorder of Clark County since prior to the conveyance of any lot to any homeowner.
The managers/directors of the HOA of the HOA form the board of the HOA and represent the owners of the properties in the subdivision. The board has previously sought, and continues to seek, participation of members join the board and to become managers/directors of the HOA. Due to current managers/directors moving, there is an urgent and specific need for these positions to be filled. Volunteers are needed.
In case you are wondering why these positions ought to be filled, I will point out that the HOA currently manages the collection of association dues in order to pay REMC to maintain the street lamps and supply electricity to them. The maintenance of the curbs, street signage, underground drainage and associated pond which requires cleaning is also the responsibility of the HOA on behalf of the owners. The funds are allocated to the HOA, so someone must be in charge of the HOA in order to physically manage the same. Additionally, the HOA is charged with compelling compliance with the restrictions and bylaws of the HOA when it becomes aware of violations. The HOA cannot effectively operate without the managers/directors. The HOA can be a thankless volunteer opportunity, however, hopefully you will see how the presence of the HOA can be used to benefit all of the members.
As a matter of enticement, the HOA has the right to delegate its authority to a management company. As of this moment, however, the HOA does not have the funds to do so as several members have failed to pay their association dues, so the HOA cannot afford to do so financially. However, if enough people volunteer for the director positions and enough members fulfill their obligations to pay the association dues, then the new directors can delegate the responsibility to a management company this may also require an increase in fees. At that point, the directors really will just be a point of contact for the management company.
Additionally, in order to be able to put the HOA in the best position possible prior to departure, the current managers/directors expect to go ahead and levy liens for those who have failed to pay assessments for years prior to 2020. Fees for 2020 were waived in respect to those people suffering hardship due to the Covid-19 shutdown. Approximately one third of owners have unpaid fees for at least one year from 2018 and 2019.
Some members may think that they would rather not have an HOA. However, please be aware that just because an HOA may cease to exist as an incorporated entity does not mean that the rules evaporate. The recorded restrictions are still in effect and any homeowner of the subdivision can still enforce them if he or she so chooses. However, the existence of the HOA better ensures the enforcement of the restrictions and better manages the expenses of doing so.
Additionally, in the event nobody volunteers as directors, the HOA will not be operating which means nobody is there to pay the bills. The electricity will be shut off and the street lights will go out for the second time this year impacting the subdivisions standing with REMC. I doubt anybody wants that. This is all but scheduled to happen as of November 1, 2020. So, it is imperative that at least three (3) members to volunteer to become directors. Likewise, the liability insurance will expire in March 2021. Once the liability insurance is gone, then each and every homeowner is exposed to liability in the event that something happens in the subdivision. I am sure nobody wishes to take on this liability individually and would rather the HOA manage it.
In the same vein, as I stated, more liens are about to be levied. There are plenty of liens already levied against members’ properties. If there are no HOA managers/directors, then there will be no method of paying off these liens and having them released. That means that those who have liens on their properties will not be able to convey good, clear title in the event that they wish to sell in the future. Those people will be stuck. The ongoing existence of the HOA can prevent this from happening. Title companies verify with the HOA Board prior to closing of a property that all HOA fees are paid – this will no longer be possible.
Also, as just an FYI, please be advised that the Facebook page of which plenty of members have joined is no longer controlled by the managers/directors of the HOA,. Therefore, anything posted to that Facebook page ought to not be given credence and you should consult with an actual manager/director for information regarding the HOA.
Please let me, or the present members of the Board know if you are willing to step up and act as a manger/director in order to protect the HOA and all of the members thereof by contacting me directly or emailing the board at “ board@LCsub.com”. Hopefully you can tell that it is in the best interest of all of the members to keep up the existence of the HOA.