Unlike some other areas, we don’t have abandoned cars on our front lawns, RV’s routinely parked in the street, bright purple houses. It’s a major reason why most of us moved to Morgan Creek. We are not yet to this point but are moving dangerously closer. A recent trend in lax governance by our Boards of Directors is allowing this to happen. It is eroding our quality of life and will eventually affect our property values. We need to let them know we care and push for immediate action.
So, what’s the problem? We have a governing document, the CC&R’s. We all got a copy when we purchased our homes. We all agreed to abide by them. While they can be amended by community vote, they cannot be bypassed or ignored at will by individual homeowners or by our elected Board. They are roughly analogous to our U. S. Constitution. Our Board is analogous to the legislature. It can only make rules that do not conflict with the CC&R’s. The Architectural Review Committee (ARC) is established by the CC&R’s as their watchdog. It is roughly analogous to the courts. Through the application and review process it ensures the CC&R’s are followed.
Recently the HOA Board removed the chair of the ARC for refusing to follow the Board’s request that it ignore architectural guidelines and, specifically the Developers Notebook, in deciding on applications for paving over front yards. This request was stated in writing by the Board to the ARC. The implication was that the ARC should not be involved in the approval process through CC&R enforcement. This is totally wrong. Following the firing, two other key ARC members resigned in protest.
While the firing might or might be allowed on legal grounds, we believe it is completely wrong for the community. However, the underlying issue is the role of the ARC. Part of the Board’s rationale in the firing is that the CC&R’s were written in 2002 and are obsolete. This is completely wrong. To continue the analogy, our Constitution is over 200 years old, but is certainly not considered obsolete. The validity of CC&R’s is strongly supported by the State’s Davis Stirling Act, the guiding law for all HOAs. The ARC is the watchdog of the CC&R’s. It cannot and should not be manipulated by our Board. There is a process for the ARC to decide issues on a case-by-case basis. The Board has the right to overrule it as long as CC&R’s are not violated. The Board does not have the right to control the decisions of the ARC.
This issue has the potential to go well beyond driveway expansion approvals. So, what are we suggesting? The Board must recognize the ARC’s independence. Just as with the U. S judiciary, the board must retain the right to appoint ARC members and Chair, but not the right to fire them if they don’t agree with ARC decisions. The current ARC chairman must respect the legal role of the ARC, and not be a rubber stamp to the Board’s wishes.
Equally important to ARC independence is the current almost total lack of enforcement. Although this should primarily rest with our community managers, Associa, the job is not getting done. We used to have a Compliance Committee, made up of resident volunteers, to assist in pointing out violations. The current Board, over the last several months has given lip service to bringing this function back. Nothing has been done. To the Board: get Associa to enforce the rules (by that we don’t mean just parking violations) or change managers. Bring back the Compliance committee.
So, this doesn’t apply to me! Just look around you. Fences unpainted. Front yards paved over to produce parking lots (especially on the Pinehurst side) where garages are used for storage, kitchens, or spare rooms. Front yard landscaping not being maintained. RV parking in driveways or on the street for extended periods. The list goes on. If we don’t act now, we might wind up with the scenario of our opening paragraph. Write or talk to your Board members. Ask for immediate action to fix these things. We have a new board. Tell them what you want.
Comments are encouraged. Let us know what you think.
I agree enforcing the rules is foremost and if Associa can’t get the job done find a new one and the recent parking rules are really ridiculous since we can’t go to a neighborhood party unless we walk don’t understand stand that rule
If the process has been in place, leave it and follow it.
Was there a certain incident that sparked all this, for example, a certain home, violated the rules?
What is very strange to me, is this seems to run parallel with what is happening in society in general. Do you believe there could be any outside forces pushing these things to be happening they way you describe here?
One thing I do know, it that it is a slippery slope. The more rules are violated and the more the processes, governance is not followed, the better chance nefarious people will be able to say down the road, “Well, you set precedent here and have been allowing the rules to be broken for so many years, why do you want to change everything and go back to the rules now?” I have no idea is this line of thinking applies to real estate law, but I have seen this apply to other areas of the law.
I have been working very close in certain political circles for the last year in greater Northern California. I have seen things I never imagined in my wildest dreams I would ever have seen. My head is left spinning where I am thinking, “These things only happen in third-world countries.” Some of these things are so horrible that they become taboo and publicly everyone does not want to hear about them for fear of causing too.much fear in society.
If the rules are violated and this becomes precedent and the values of the homes go down, does this make the argument for “affordable housing” on the gold course any easier? What if the developer of the golf course was very nice and friendly with local officials – would that help move the process along at all?
Just curious.
Dave
Dave: your thoughts are very thought provoking & spot on.
I agree fully with this blog. I can relate personally, as I spent thousands of dollars to comply with the CC&Rs for patio covers in the Villas when we first moved in, only to find some neighbors ignoring them and installing covers specifically mentioned as not permitted, for much, much less. And we have lost the ambiance of the desired “look” as a result. Let’s keep the Board’s/Associa’s feet to the fire to either comply with the CC&Rs or legally change them. Thanks for a powerful warning blog!
I am also concerned with eroding the design standards set in the CC&R’s. I suggest that as MC owners who share the concern that we are headed in the wrong direction we make every effort to join the HOA Board as positions open, and work the get the community back on track. I know it’s generally thankless work, but I am willing to do so. Are there others?
A. King
8601 San Lucas Cir.
I am in agreement with the comments on the blog. We have CC&R’S for a reason, they should be followed as best as possible and make changes were needed.
The part that absolutely sends me in too a very irritated mood is the idiotic three houses at the entrance to the golf course. ASSOCIA should have filed against the owner(s) a long time ago. we have a horrible eyesight right at the entrance to the golf course. On top of that they have violated every possible rule, and we meaning ASSOCIA have not done much. They have put up fences which would not be acceptable in an entry level home development, and they are not painted either.Weeds everywhere. When are we going to get paid for redoing the asphalt that had to be repaired?
Having been a long standing member of the ARC, I can say that there see,med to be more than once when the Board over ruled the ARC. Being on the committee was very frustrating. Too many homeowners refused to follow the rules. Some homeowners getting special dispensations because they knew a board member.
Excellent letter and precise observations! As an original homeowner of 18+ years it saddens me to watch our upscale community struggle on so many levels.
So, as the issues continue to be identified, what is our next step? How can we improve communications with our Board? How can we motivate Associa to be more impactful? How can we make our HOA meetings more productive?
Thank you for this platform to reach out to neighbors!
What else is disturbing is that in the 12 years we’ve lived here, we’ve never seen such unrest & problems with the board & committees. The fact that (to our knowledge) 4 committee volunteers have quit & 1 fired in the last few months doesn’t set a feeling of confidence & cohesiveness amongst the people representing & overseeing our community. Maybe the board can provide some insight and/or clear up what at least appears to be unrest & explain why (if this is actually the case) CC&R’s are being ignored.
I’m not going to mince words – when the situation deteriorates to the point it is no longer tolerable, only then will high quality people with the community’s best intentions run for the Board. Right now we have a do-nothing Board and we are getting what we deserve. The Board under the previous President was not much better.
Going to meetings for one hour a month is NOT being involved and active. Most homeowners do not even know anything about our CC&R’s and unfortunately, for the most part, this applies to current Board Members. For the last 4-5 years the focus of the Board has been almost totally on the Golf Course to the detriment and decline of our wonderful community and quality of life in Morgan Creek. The situation will not get better until it gets worse.
I won’t mince words either. The golf course (although a highly valued part of our home values) has not been the total focus. This process of the golf course is not a daily matter and it evolves slowly and is addressed as necessary, there is a Committee set up to take the lead and pressure off the Board for many aspects of this issue. As the former President, I can tell you every meeting there was a focus on our community violations and bringing our community back to it’s previous pristine order, including common area landscaping and security. Now, with that being said, letters are sent to these homes that are in violation, hearings are held, fines are imposed and still some residents do not seem to care. This is a priority given to Associa to handle, every year it has been a priority along with the Golf Course and Collections/budget and Common Area Maintenance. I hope that we find ourselves with an attitude to make sure that these homeowners who are going off the grid are held accountable and that there is a mechanism to inform our community that these issues are addressed. You are 100% correct that meeting once a month can not possibly handle all that our community needs, but if the HOA Management company was doing their job and enforcing our CC&R’s regarding home guidelines, one meeting would be enough. Holding all our large contracted companies accountable to our community is a priority, HOA Landscaping (Procida), HOA Management (Associa) and Security (Securitas). When voices are heard loud and clear at open meetings, phone calls and emails or letters, it really supports any and all Board members trying to drive home a point. Many times a single Board member can not make a difference without the voices from the community, Please let the Board hear from the community, that is what will make a difference in the unity and focus of important decisions for our community. And yes, sometimes it has to be consistent and loud.