FAQs
Facts from those who actually know.
Because a lot of mis- and dis-information has been put out there, it is worth a brief recap from those responsible for this endeavor as to why the CC&Rs and Bylaws needed updating, and how that benefits YOU. And, yes, we know it’s long. But it is important you have the facts.
COSTS FAQs
Question: I keep hearing costs of $40,000+. That is a lot. How much did the HOA actually spend on the CC&Rs?
Answer: The actual costs to date are approximately $31,800 as follows: $9,500 flat fee to Beaumont/Tashjian to redline our entire documents and deliver three drafts. The first for board review, the second for homeowner review, and the third as the final voting version. Additionally, $6,312 to print the second draft and mail it to all 481 homes for town halls and neighbor input; $7,021 for the Inspector of Election services, including the printing and mailing, and finally approximately $9,000 in additional legal costs.
Question: Why did we go so far over on legal expenses?
Answer: Because a few worked very hard to derail the process. To help make sure there was full transparency and community input, we brought in the attorneys for a second town hall; to try and accommodate every red herring thrown at us, we ultimately ended up with a fourth draft (which is the voting draft you now have). Every time we went back to Beaumont/Tashjian with these extra issues, we were billed normal hourly rates.
Question: Did the HOA pay all these costs at once?
Answer: No, by design these costs were spread over three fiscal years. At this point, however, almost all of these costs have been paid.
Question: Are there more costs ahead?
Answer: Yes. If the CC&Rs pass, the old CC&Rs require lender approval. This simply means we have to reach out to lenders via mail to advise of the changes and give them an opportunity to object. So there is a cost of mailings.
Question: So if we don’t approve these, what happens?
Answer: There are a handful of changes that MUST happen, particularly with regard to Basins and also the definition of Common Property. So if the vote fails, a handful of amendments are mandatory, which will require more legal fees, homeowners would have to be consulted (costs), and a new vote would have to take place (costs).
Question: Is that all?
Answer: There is the likely possibility that a majority of homeowners vote yes, but we don’t get to the 75% super majority required for passage. This is likely because unlike the lot split amendment several years ago, Pam Johnson and Kim Richardson are working hard against the passage. In this case the homeowners may want the courts to decide.
LOT SPLIT FAQs
Question: Why do the new CC&Rs rescind the lot split amendment? Nobody wants additional homes being built in Three Springs.
Answer: There is no provision rescinding the lot split prohibition. The amendment to the lot split language allows the board to make an exception in the very rare case (likely only one) where a portion of someone’s lot can be split and removed from the association with no access from within the association.
Question: I don’t understand. Why would we do this and how would that work?
Answer: The “why” is simple. There is one homeowner with a 16 acre lot, and the back end of that lot extends to Twin Lake Ridge street in the Parkwood Estates HOA. He would like to explore removing 2 acres and building a house on Twin Lake Ridge in Parkwood Estates. There would be no access in or out of Three Springs. However, in order to ‘de-annex’ the 2 acres, the first step is to “split the lot.” It’s administrative, and the prior board saw no reason to stand in his way, as there was no negative consequences to Three Springs.
Question: So he’s not planning to build several houses, or a hotel?
Answer: No, this is an absurd allegation and malicious rumor being spread. He cannot do that.
IF IT AIN’T BROKE…
Question: Are the CC&Rs broken?
Answer: Our attorneys have very clearly stated that the CC&Rs are so old and outdated that they present major liabilities to us and MUST be updated. In fact, they reiterated it again in a meeting with the new board last week, and then within the hour board president Pam Johnson was seen planting the “if it ain’t broke” signs.
Question: Why are board members claiming that the CC&Rs aren’t broken and therefore don’t need to be fixed?
Answer: If you listen to their arguments, they actually acknowledge many things need to be updated.
Question: Then why aren’t they supporting the updates?
Answer: It is inconceivable to us why they would argue that you should vote no because the new documents allow 48 hour RV parking instead of 24 hour, or because one homeowner wants the right to build a home in another neighborhood. We think it boils down the the elimination of cumulative voting, which they are NOT saying. Without the ability to get 5 votes per home, it would be harder, but not impossible, for them to get re-elected to the board.
STACKED VOTING
Question: Why is stacked voting bad?
Answer: Two of the board members against the CC&Rs/Bylaws have the distinction of having sat on the HOA Board despite neither receiving votes from a majority of Three Springs homes. This is why they often speak about representing “the minority,” as though Three Springs is a two-party system, which it is not. In fact, the first year Mr. Grossman ran, he was elected even though 58 more homes (10+% more of Three Springs) voted for another candidate — yet that candidate lost!
In other words, in that year alone, two people got votes from more Three Springs households, but because of cumulative (stacked) voting, they were not able to work for you even though the majority of homes wanted them to. This is the root cause of the terrible divineness you feel in the community.
This is neither fair nor democratic.
How do we propose to fix this particular problem?
The vast majority of HOA’s are moving away from cumulative/stacked voting. By giving one vote per home per candidate, extending board member terms to two years instead of one year, and staggering terms (three one year; two the next) in the same way as the Westlake Village City Council holds elections, we will create a calmer election process and a more harmonious atmosphere for Three Springs. It is time to put an end to the annual contentious elections and divisiveness.