ChristineO (New York)
Posts: 2
Posts: 2
Posted:
I am an HOA board member with an unusual problem.
We have a self-managed HOA of 120 houses with common property consisting of a beach, boat slips and rights of way on a desirable lake in NY state. The lake is in the middle of town.
I have been on the board for 5 years.
Our HOA was formed in the 1920s when the original bungalow colony (summer homes) was created.
Now some 80 years later, the town is getting very built up with large "McMansion" type housing,
but there is NO public access to the lake and no public beach that those people can use.
Our little homes, some quite old and never updated, thus have deeded rights which are very precious.
The lake rights add tremendously to the resale value and desirability of our neighborhood.
We're in good shape financially, have successfully pursued our "dues scofflaws", and have an active board.
We issue beach buttons every spring for members in good standing, and our lifeguards as well as the
members, check to see that the people on the beach have them. There isn't much parking and the beach is small, but we keep it clean and attractive.
A few of the board members are advocating that we admit additional homes into our HOA, or at least that we work out some beach-use policy for additional homes. They argue that the initiation fees (which could be set high) would be useful and these folks would make good members.
Moreover, apparently in the 1960s, membership was extended to several homes about 6 blocks out of the boundaries, so there is
"precedent", though only two of the 14 board members hail from that decade, and nobody remembers that.
The main advocate for admitting the additional homes is a political party chairman in the county. He has 3 relatives on our board, plus some town appointees he wired up. He's a backroom operator and works a lot behind the scenes.
Five years ago I was personally approached by an out-of-boundary (Non-HOA) homeowner who I had met at church. (Of all places)
He offered me a bribe ( " I will make it worth your while") to get his house lake rights.
I told him that without the deeded rights, based on the lot belonging to the original Bungalow Colony, signing of the CC&R, etc. it would be impossible.
Other families down the road had hosted giant barbecues for our whole
Association, etc. and it just never worked to get them admitted.
He replied, "I am a lawyer, I know how to do these things."
I laughed, and said "You think I would sell out my friends and neighbors for a mere million dollars??" and his reply was,
"Funny you should mention that number, it is quite do-able if enough of us make it in." I shook my head in disbelief.
Then he said, "Just get it in front of the board, and leave the rest to me." I made a point to avoid the guy ever since.
So I personally know the kind of temptations and wheeler-dealing that could be involved here.
In a week we're having a board meeting where a resolution could potentially
be drafted, to be presented to our general membership for approval two weeks later. We have two general meetings a year,
and at the June one, our president announced that this issue would be coming up in the fall.
I believe our Board's responsibility is to preserve the property value of our membership.
That means keeping control of a scarce resource. I also fear that if rights are extended to some
other homes, we'd eventually be entangled in legal challenges by the entire town seeking similar privileges. Ultimately,
if not granted, we'd be nailed for discrimination somehow and whammo, we're a public beach in a couple years.
We really don't need the money! I just don't "get this" unless something shady is going on, and it probably is.
I would like suggestions from anyone who has faced this situation.
We have a self-managed HOA of 120 houses with common property consisting of a beach, boat slips and rights of way on a desirable lake in NY state. The lake is in the middle of town.
I have been on the board for 5 years.
Our HOA was formed in the 1920s when the original bungalow colony (summer homes) was created.
Now some 80 years later, the town is getting very built up with large "McMansion" type housing,
but there is NO public access to the lake and no public beach that those people can use.
Our little homes, some quite old and never updated, thus have deeded rights which are very precious.
The lake rights add tremendously to the resale value and desirability of our neighborhood.
We're in good shape financially, have successfully pursued our "dues scofflaws", and have an active board.
We issue beach buttons every spring for members in good standing, and our lifeguards as well as the
members, check to see that the people on the beach have them. There isn't much parking and the beach is small, but we keep it clean and attractive.
A few of the board members are advocating that we admit additional homes into our HOA, or at least that we work out some beach-use policy for additional homes. They argue that the initiation fees (which could be set high) would be useful and these folks would make good members.
Moreover, apparently in the 1960s, membership was extended to several homes about 6 blocks out of the boundaries, so there is
"precedent", though only two of the 14 board members hail from that decade, and nobody remembers that.
The main advocate for admitting the additional homes is a political party chairman in the county. He has 3 relatives on our board, plus some town appointees he wired up. He's a backroom operator and works a lot behind the scenes.
Five years ago I was personally approached by an out-of-boundary (Non-HOA) homeowner who I had met at church. (Of all places)
He offered me a bribe ( " I will make it worth your while") to get his house lake rights.
I told him that without the deeded rights, based on the lot belonging to the original Bungalow Colony, signing of the CC&R, etc. it would be impossible.
Other families down the road had hosted giant barbecues for our whole
Association, etc. and it just never worked to get them admitted.
He replied, "I am a lawyer, I know how to do these things."
I laughed, and said "You think I would sell out my friends and neighbors for a mere million dollars??" and his reply was,
"Funny you should mention that number, it is quite do-able if enough of us make it in." I shook my head in disbelief.
Then he said, "Just get it in front of the board, and leave the rest to me." I made a point to avoid the guy ever since.
So I personally know the kind of temptations and wheeler-dealing that could be involved here.
In a week we're having a board meeting where a resolution could potentially
be drafted, to be presented to our general membership for approval two weeks later. We have two general meetings a year,
and at the June one, our president announced that this issue would be coming up in the fall.
I believe our Board's responsibility is to preserve the property value of our membership.
That means keeping control of a scarce resource. I also fear that if rights are extended to some
other homes, we'd eventually be entangled in legal challenges by the entire town seeking similar privileges. Ultimately,
if not granted, we'd be nailed for discrimination somehow and whammo, we're a public beach in a couple years.
We really don't need the money! I just don't "get this" unless something shady is going on, and it probably is.
I would like suggestions from anyone who has faced this situation.