Sticking Points
We need to address these issues.
The MHCA Board has issued a vote to determine the future of our community pool. There are critical issues and factors you’re not aware of – factors you have the right to know.
On July 12, 2021 an email was sent by the Board of Trustees to homeowners on the listserv indicating their intention to proceed with this vote and notifying homeowners that the entire board would be resigning on September 6. They asked for volunteers to replace their positions.
#1
The Board will not seat the new Board Members
In response to their email to homeowners dated July 12, 2021, 4 members of the community formally requested to be sat. The board has refused every reasonable request for information/financials, has refused to seat us on the board, have unilaterally decided to proceed with the vote and have since reversed their decision to resign. All attempts by the Prospective Board to obtain financial records, a meeting with the lawyer and accountant, or a meeting with the current board to assess and transition have been rebuffed or outright refused citing busy schedules.
#2
Is this vote even Legal?
The notice of this vote and voting procedures are not in compliance with our Declaration and Covenants or Bylaws which govern notice and transparency. It is your right to have access to a full understanding of the options, financial and property implications and Q&A to make informed decisions. These questions are not being answered by your Board.
Under the current voting procedure, your votes cannot be objectively counted or audited – they are counted only by the 3 Board members currently serving and include voting methods which cannot be verified and are a gateway to the possibility of fraudulent voting.
#3
The Board is not answering any questions
Numerous attempts by homeowners via email to obtain answers to questions about the vote, the voting procedure and methods, the options outlined in the vote, and the implications of the vote are going unanswered.
They are also not responding to requests for community meetings by our residents.
#4
What's all this about a loan?
All volunteers were told that a condition of their board candidacy was their willingness to “sign for the loan”. This is not a legal requirement for service on the board. Further discussion revealed that the MHCA loan was personally guaranteed by a member of the board. In the absence of such commitment, the Board stated they would be paying off the loan in full before the transition took place – this large, sudden financial outlay leaves lesser reserves to handle immediate pool maintenance. There is a conflict of interest which merits review.
#5
They don’t need to. The new board must be sat to review all the information and financials – to put together a reasonable way forward for homeowners.
Why are the dues jumping so high???
Urgent Financial Needs
These items require immediate attention
These items represent up to $165,000 in repairs which must be performed before the state of the 2022 pool season. No reserves are available to fund these projects. For a normal pool club, reserves would be built over time to ensure the funds are available to fund these projects. No such reserves have been built.
In the absence of reserves, a special assessment would normally be generated to fund the cost of such repairs. No special assessment has been offered to the homeowners.
Why were these items not addressed?
Pool leak
A skimmer line must be repaired - Est $25,000 - $30,000
There is a major leak in one of the pool lines which is causing the pool a large amount of water on a daily basis - water we pay for. (To say nothing of our environmental responsibilities)
Pool resurfacing
The pool is not safe to use - and will likely not pass inspection - Est $80,000-$100,000
The pool is desperately in need of resurfacing (known as "Diamond Bright"). In its current state, the pool is a hazard as it can cut people using the pool. We have been informed that the township notified the current Board that this repair was necessary during the 2020 inspection and, more seriously, nearly failed inspection for the 2021 season. Without this work, the pool will likely not pass inspection in 2022.
Pool Cover Purchase
To protect the Diamond Bright investment - Est $30,000-$35,000
While this purchase does not need to be made immediately upon completion of the resurfacing, the purchase is necessary to ensure the Diamond Bright resurfacing project lasts the 10 years it's meant to. In the absence of this cover, the coating will deteriorate and will need to be reapplied within 2-3 years.