The HOA recently shared their ButterflyMX Privacy Statement with us. You can download it from their email. We’re not lawyers, but reading through it, we have serious concerns. I hope we have a lawyer on this blog or in our community who can shed light on what we’re risking. If so, please come forward and share. Our quick reading exposes a few immediate concerns.

The app tracks our movements and those who visit us. They have the expressed right to turn information over to law enforcement.

since the app is web based, our information can be exposed to social media, e. g. Meta. It is suggested we have to opt out if we don’t want this exposure.

if the company is acquired or bankrupt, they can turn over our personal data.

we have no choice if we want access to our community other than through our RFID tags. I don’t know about you, but it appears we are being backed into a corner with no say and without being given a valid reason this is happening.

If anyone with more knowledge than us can shed some light on our rights and options, please come forward.

We need your help. Demand that FirstService Residential be reinstated immediately to prevent disruption and financial risk.

    •    Board President: Stephanie Bernal — morgancreekcommunityevents@gmail.com

    •    Vice President: Rod Delwar — delwarusa@outlook.com

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URGENT: Keep Morgan Creek Stable — Reinstate FirstService NOW

What Happened

    •    While acting as president, Rod Delwar signed a letter terminating FirstService Residential, the HOA’s professional management company. This is completely irresponsible.

    •    No replacement management company is in place, leaving 586 homes without professional oversight during a critical period.

    •    The termination was not based on performance but appears to be a response to FirstService advising against certain board actions that have already harmed our community.

Why This Is Concerning (Immediate Impacts of a Management Gap)

    •    Financial Oversight: Without professional management, invoicing, collecting dues, paying vendors, reconciling accounts, and managing reserves could be disrupted, risking mismanagement of our multimillion-dollar budget.

    •    Critical Budgeting Season: Budgets, reserves, and dues are set now. Lack of oversight increases the risk of costly errors.

    •    Vendor Management: Landscaping, security, lake maintenance, and other contracts may stall or go unpaid.

    •    ARC Applications: Homeowner requests for architectural approvals may face delays, preventing timely home improvements.

    •    Homeowner Services: Work orders, repairs, gate issues, and communications could be neglected.

    •    Legal Risk: Mishandled contracts or delayed processes may expose the HOA to lawsuits.

Why the Timing Is Critical

    •    A new gate system is being installed, requiring close coordination for access, vendor management, and resident support.

    •    Terminating management during this transition and budgeting season risks financial instability and operational breakdowns.

    •    FirstService is already familiar with our contracts, vendors, and procedures, making them essential for continuity.

Track Record Matters

FirstService has successfully managed our finances, vendor contracts, ARC processes, and community operations. Their expertise ensures stability and accountability during major transitions.

The last post here indicated there is a recall petition for the recall of HOA Board members Steve and Rod. That was incorrect. The recall is actually for Steve and Stephanie. There will be a Special election where this proposed action needs your support. We apologize to Rod and for any confusion this may have caused. More details will follow.

Tuesday night’s open meeting was deeply disturbing. It was attended by over 100 people, both Zoom and in person. What they witnessed was a meeting totally out of control. It revealed a dysfunctional board. Two members, Steve and Rob, seemed disruptive and out of step.

Here’s some takeaways you need to pay attention to:

The new gate access system seems to be a pet project with little transparency. Questions were asked about costs with no clear answers. Privacy issues were raised with the response that a Board member will look into it.

The Board is firing our management company. No clear reason was given. It’s our experience over the last 20 years is First service has been the best and most responsive we’ve had. Changing them is something not to be taken lightly. It would be a major disruption with little or no benefit. We urge you to weigh in. Let your board know your opinion. Email today through the First Service portal.

A petition has been circulated by James Shelby, a former Board member, to remove the two disruptive Board members, Steve and Rob. He has enough signatures to hold a special election. YOU MUST PAY ATTENTION AND VOTE.

As part of the dysfunction, Lorenzo was “fired” as president and Stephanie was elected. Even so, she deferred to Steve to continue running the meeting. STEPHANIE, TAKE CHARGE!

So much more transpired that we can’t cover. Please, if you care at all about the community, step forward. We need two new responsible board members. We have to take our community back.

comments are encouraged.

In response to a request from a BLOG member, here are the Tuesday meeting details:

The meeting is alosa available on Zoom at the following link.

Join from Zoom Workplace app – Zoom

Meeting ID: 882 1399 4461 Password: 629142
Join by Phone: +1 (669) 444-9171

Attend the HOA open meeting next Tuesday, September 16 to make your voice heard.

The Board has contracted to install a new community access system, ButterflyMX at the gates to control access to the community. Due to limited transparency and no community involvement we know little about the system. But there are legitimate concerns.

• We assume ButterflyMX is some kind of cloud based app driven system. If so, it means the HOA is putting our personal information (email, phone number) as well as that of our guests in the cloud without our OK. More concerning is that it is likely that the system will be able to track our movement in and out of the community and record who visits us when. Is this what you want?
• We don’t know, but it is likely this system is a SAAS based. Does it install hardware to lock in the community, then require a long term unlimited subscription based contract? How much will it cost each of us, both up front and on a continuing basis? We don’t know because we were never asked.
• Do we really need to change the existing system? Why?

It is likely the board does not have the authority to implement this unilaterally since it is a new capital project when considering the initial costs along with a long stream of payments. It may need a community vote. At least it should have community support. Is this a violation of the Board’s fiduciary responsibility? We leave that to our legal scholars.

We know nothing about the procurement process. Were there multiple vendors evaluated? Was it competed? Do any of the Board members have a tie to the vendor that we don’t know about. The Board needs to provide answers.

It is important you attend the meeting Tuesday night at Creekview Ranch School at 6 pm to make your concerns known and questions answered. You should have gotten an email from FirstService with particulars. If not, let us know and we’ll post it.

Should we praise the Board for its forward thinking, or stop this in its tracks? Your choice. As always, comments welcome. See you Tuesday night.

A brief note in the HOA Newsletter and an email asking us to download a new App from ButterflyMX. That’s all we’ve seen of the new “upgrade” our Board has apparently approved to change how people enter the community. Anyone have more information?

We don’t know about you, but this leaves us with many more questions than answers on how this will affect all of us. If anyone has the answers, we’d love to hear from you. So here’s tge questions we have.

• Why are we changing things and what does it affect.
• Will the vehicle RFID’s still work as before?
• We have an approved guest list on the current system. Will this be carried over or do we start from scratch.
• The documentation for the new video access systemfeatures a video call from the new system. Will our old 4 digit codes stioo work on the call box?
• The info suggests we need to approve one time deliveries. How does that apply to FEDEX, UPS, Amazon etc. where we get multiple deliveries, often not know when they’re coming?
• If we add approved contacts, can they enter from unmanned gates without calling us? If so, will it call they’re phone or email them? How does that work with vendore such as pest control which may have various agents with differing numbers?If we have a party, do we still submit the list to the Vineyard cottage?
• Does any of the above affect staffing at the Vineyard gate?

The list goes on. Can anyone shed some light on this? Do we need instructions specific to Morgan Creek. Reviewing the manual it is generic and not very specific.

Comments and help would be most welcome!

It has been a while since we provided comments on the golf course proposed development status. At the poorly attended most recent HOA open meeting (about 13 in person and 8 on line!), a number of questions were raised. So, we thought an update in order.

In short, little progress has been made. There have been three submittals since the latest application was initiated. The latest response from the county went out March 12. In it, the County’s position hasn’t changed much. Below is a list of the major concerns that the County believes have not been adequately addressed.

• An Environmental Impact report is required. The developer has stated that many of the County’s concerns will be addressed there. This includes such things as wetlands, noise studies, public transportation mitigation, endangered species.
• Project access and easements in coordination with the HOA have not yet been satisfactorily resolved.
• The project proposes removal of all the back 9 holes south of Dry Creek, leaving the front 9 north of Dry Creek as is. A major concern of the county is that the removal of half of the golf course with no substitute recreational facility is not consistent with the original Morgan Creek project plan and approval. The issues the developer has not addressed are: Is half a golf course enough to qualify? Does half a course justify the food and banquet facilities still being incidental? There is no plan for how the abandoned holes area is to be used or maintained.
• The County wants at least 6 public meetings. The developer insists on 5 and still calls this an SB330 project.
• It appears that, due to some steep terrain, several model homes do not fit on the proposed subdivision plan.

So the dialog continues and the project plan submittal is still deemed incomplete. Therefore, the time is not right for us to, again raise our objections and stop this unnecessary, unwanted and intrusive incursion on our community, and on the maintenance of the lifestyle envisioned by the original Morgan Creek plan and incorporated into the overall Dry Creek Community plan.

For those of you interested in the minutiae, we’ve included a copy of the County’s latest response. As always, comments welcome.

Placer County Planning Department has again deemed the Morgan Creek, LLC application incomplete. Lots and lots of issues. We’ve enclosed a copy of the County’s request for additional information. The request exhibits the County’s deep concerns with the project. Here is a copy of the detailed request.

For those who want a quick summary of the highlights, here is our takeaway:

• No provision for an environmental impact study (EIR) was provided. It appears the County will require a new one.
• A Biological Resources Assessment will be required. Wildlife habitats, endangered species, wetlands preservation, etc.
• No provision for easements was included. This will likely include contention over access at OUR PFE gate.
• The County wants an archeological site study! New and interesting.
• More golf course specifics are required. Among other things the County raised the issue of whether a shrunken golf course (9 holes?) would allow continued operation of the banquet center. It also wants the developer to address what happens to the land being abandoned by shrinking the course.
• Among the minimum 6 public meetings the County is requesting, They are requiring informational presentations at two upcoming MAC meetings, dates TBD. Following that they are asking the MAC for recommendations. You should plan to attend if at all possible!

These are all great issues for us. The County has given 30 days for Morgan Creek, LLC to respond. No actions are needed from us yet. It ain’t over ’til its over!

As usual, comments are welcome.

Morgan Creek in following Placer County’s procedures has submitted a request for a pre-development meeting with County planners. Their request asks for the meeting by May 22. A copy of the request, along with the HOA Board’s comments, is included below. Significant take aways are:

• Their modified submission for a preliminary approval proposes building 48 homes on the south side only, none on the north. No zoning change would be required but it may require an update to the community plan. Though far from a done deal, their case is stronger than the prior submission.
• The submission is still under SB330. It is uncertain whether the County accepts that the SB330 expedited processing applies.
• The golf course converts to a 9 hole executive course using many of the existing holes. No specifics yet. The club house, restaurant and banquet center would remain as is.
• They propose that the existing Environmental Impact Report still applies with no modification needed. We’ll need to object to this at the appropriate time.
• Following the meeting, we assume a full preliminary plan will be submitted.
• No action is needed unless or until a preliminary plan is accepted by the County.