Another Victory for RV3 Home Owners

I pushed the new management company for a new payment book. I explained to them that the late fee is charged after the 15th which opposes the covenants which state that resolution after 30 days will be imposed, and I also told them that $20.00 fee is in opposition to my contract with RV3 (Our covenants) in as far as the agreement states I will be charged around 70 cents per month (6 per cent per year).
They spoke with the management company lawyer who presented information at the meeting which supported my findings. The board of Riverview Third have been instructed by the management company that a $20.00 fee can't be charged.
This leaves the possibility for anyone, who has been charged late fees, to get their money back.

They had mentioned that the 70 cent per month charge was nothing. I was quick to point out that 70 cents was in fact a 6% charge and that $20.00 was 144% charge. I also pointed out that people in foreclosure couldn't afford another penny.

Finally, we seem to have a management company who act quickly and in the correct manner.

Have a great Thanks Giving!

The blunders persist.

Everyone now has a new payment book. You will notice two items which disregard your legally binding covenant rules:

First is that you are charged after the 15th. Your legal agreement with RV3 states the following regarding nonpayment of assessments: ref article IV Section 8

"Any assessment not paid within 30 days after due date shall bear interest...."

Second, the charge for late fee is $20.00 which equates to around 144 percent per anum. Your legal agreement with RV3 states the following regarding interest for nonpayment: ref article IV Section 8

"Shall bear interest from the due date at the rate of 6% per anum"

You can download your covenant agreement at the following address:

http://www.machineautomationproducts.net/rv3/

Looks like we have hired another management company with total disregard for the legally binding agreement that the owners have with the association known as Riverview Third.

I have requested another payment book that is to be in concert with my Covenant Agreement.

Cedar Management Company

Here is the introduction letter from Cedar Management.

Cedar Letter.jpg

Cindy can be reached at:
763-767-6324 direct office phone
866-491-2051 direct office fax
763-439-4726 24/7 Emergency phone
763-574-1500 corporate office

email cindy@cedarmanagement.com

Hip Hip Hurray NCMC Has Gone Away

I met with Pat today. She informed me that the management company "New Concepts Mangement" have been fired. They got 60 days notice. We have apparently hired a new management company. They will have internet details which will eliminate the requirement for paper charges and copy charges (sounds like what I have been talking about forever).

Pat is still hurt about my comments regarding her brand names. She claims I called her a peeping Tom or something along those lines. The blog still remains. Her mind just can't understand that the writing is discussing what other people call her. If she ever came to my home and was looking at OR in my window, I would justify some of my own names for her. She claims that she "they" have the right to enter a home courtyard in order to inspect the windows. She is wrong of course, and may be trying to justify or hide her obsession with power. She has no rights whatsoever when she trespasses beyond the gate of a homeowner.

We got into a discussion regarding the high association rates. Over the years, Pat has paid in the range of $32,000 total for fees to Riverview. It's a little difficult to calculate this but not hard to estimate it based on a mean average number over 30 years.
What has she got for her $32K? I guess a new roof, garbage removed, siding and insurance. Is that value? Maybe.

The fact still remains that the board has not put sufficient money away for the big ticket items. A little like social security. Todays payments pay for todays requirements. Eventually, they go out of business.

RV4 is in trouble too. They have not responded sufficiently to homeowners complaints about swing sets. They turned to the city who will now deal with the situation. If they were cash rich, this would not be an issue.

12174 Drake is for sale at $109,900. It seems to me that Carol Ebsen was gleefully rubbing her hands together last year because the housing prices were going up. If I remember, she attributed it to the boards efforts to keep the area in a good condition. What happened? Prices have dived. Your property is worth less. When Pat was telling me how they took care of the place, I bent over and started to pick out the sand from all the cracks in the road. It's a disgrace. She blamed it on me for not voting for a one time fee to correct the issue. I do believe that it was a majority who disagreed with her on that issue and I do believe that $164 per month is enough. It's time to handle cash properly. Maybe (maybe) the new management company can help and maybe (maybe) the board will empower the new management company to do a good job.

Dropping Like Flies

Some objectives were discussed at the June 11th meeting. A lot of the time was spent with Pat and George arguing back and forth about procedural issues. George has resigned as president due to too many board members interfering with issues. John Rettger has resigned and another board member apparently resigned a few months ago but must have forgot to inform anyone.

So two spots were open. 2 home owners were present who put their names into the hat. I of course offered up my name and actually, I was nominated by George. Not surprising that the other two homeowners were voted in. Not to fear. I will be at the meetings pushing the issues that need to be pushed and watching over the body of people who make decisions at RV3.

Kelly was voted in. I'm impressed with here because she had, and was reading, the covenants. I hope she understands that the covenants are a legally binding contract between RV3 and the home owners and that it trumps any RV3 rules which are not in compliance such as the charges we currently have for late payments which far exceed the 3% per year dictated in the convenant contract.
Actually, the board has been informed by their lawyers that anyone who challenges the charges in court will probably win. I might pay late to test it!

Elaine was voted in too. She was on the board previously and is back. I believe she is a good listener.

Welcome to the board Kelly and Elaine. Remember that your votes hold you responsible and liable in a court because RV3 does not have liability insurance holding you harmless. State law requires you to have liability insurance but as you have maybe noticed, State law for RV3 is simply a foot note. I suggest that you vote with conviction and not emotion. If you are not sure, you should abstain from voting.

If you need advice, George is very knowlegeable. I suggest you consult with him outside of the hot head meetings in the hut.

See yall at the next meeting.

In The Flavor Of Continuous Improvement

Dropping like flies?
One board member has resigned the post at RV3 due to decisions made by the board and another board member who has not been present for the last 3 months is most likely going to be removed.

New Members?
I would gladly serve on the board for RV3 on conditions that I am there to assist members and help define a better future for the members.
I would also gladly erase this web-log and start using it for the benefit of the RV3 association. With higher postage rates now at 42 cents per letter compared to 39 cents, the association has got to start wondering about better methods of information dissemination. I know that 3 cents is not a big deal, but with 148 homes, this borders on $5.00 extra cost to mail out 1 letter. Add this to 15 cents per copy for management paper charges and we are talking significant costs. Besides the lower cost for internet information, more can be transferred at zero cost.

We know that some people don't have internet connections, but we should also be aware that these people frequent the public libraries to use the computers and internet. Everyone has the ability to get the information. Everyone has the ability to drive costs down.

Votes:
Board members need to understand that their vote can hold them liable in the event that the action or decision of the board is not legal. Take the case of the late charges. Our covenants DICTATE that members will be charged 3% per annum. Instead, we continue to charge at overwhelming rates which is actually against the law since it breaks the contract. The covenant contract is an agreement between the association and the home owner. Actions which oppose the covenant rule can be litigated in court. Board members who vote for items that are illegal, can be held liable in court. Voting "NO" to such action renders the board member harmless. Board members do not have liability insurance which would normally cover them for court action. Home owner associations are required by State law to carry liability insurance. Unfortunately, State law is simply a foot note for our board members.

Have a great Memorial Day!

Illegal charges by Carole Ebsen is covered by our management company.

After a threat to file in district court, the board agreed to have $250 put back into the maintenance fund. Carol still gets to keep the money she took from the maintenance fund, but our management company has reimbursed the money. Deputy Jane F. Morrow clearly declared that Carol Ebsen was incorrectly compensated and that $250 was to be immediately returned.

This is not me stating that Carole Ebsen and board members operated outside of the law, This is a judge specifying that they operated outside of the law. I am simply the messenger they wish they never had.

Following is the conclusion emailed to me today from Paul Bozonie: I classify this [after proof of guit] as an addmission of guilt. I now consider the case closed. One eye is still open keeping a careful watch on these people.

Reimbursement to the Association's general operating fund account #136-5012 will be made from a reimbursement check of $250.00 from a outside source for cost reimbursement given to Carole Ebsen. This was approved at the regular Board Meeting on May 14, 2007.

Join The Club

Interesting article on AOL. Most of the articles were comments from members and board members (mostly complaining) but this one was interesting. I wish we had this person managing RV3.

8. Iam an Association Manager of numerous associations. I find the comments made an every day common item in my trade. Owner to owner conflicts are exactly those owner to owner, not the Associations. It is imperative that each owner READ their governing documents as to what the Association can and cannot do...owner to owner issues should be resolved by the owners. If there is a dispute about Association responsible items then the Association needs to step in and resolve the issue. I find COMMUNICATING is the best medicine in resolving disputes. Owners in Associations believe the Board of Directors are the Landlord. They are not landlords. They are a duly elected volunteer serving on a board of directors for a CORPORATION. They have a fiducary responsibilty to the Association (Corporation). I find alot of complaints about the Association being directed to the Board members. But, when the Association needs the owners participation (Annual Meeting time; the need of committee members, etc.) for owners to fill vacant seats on the board your cant fine one. Empathy is a huge problem within Associations. An Association is only what the MEMBERS make of it. Overall, I love my job and my Associations. Yes, board members get fustrated and want to take inappropriate actions right away. This is a knee jerk reaction. Managers need to be on top of those fustrations and knee jerk reactions and guide the Board through the resolution process as with the members. Great topic, glad to see today. Everyone enjoy your community and love thy neighbor....

20. Reply to #8, Associations mostly are dictators, i was a condo owner and there were 2 brothers in 2 different units out of 12, they sided with other elderly owners and bunched up on me , I was 45 at the time and it was really like hell ,they let another unit rent out when you were not suppose to, and I had my 2 older cats with me and I kept to myself and never mentioned cats and one thing lead to another and there were all kinds of threats and just nasty people, I just don't respect older people like I use to, some can be very bad til the end. Anyway the 2 brothers would get other condo owners to side with them when other people were breaking rules worse than me, bottom lone if they target you, look out!, and to this day I do not believe it was because of the cats, I am a very good and quiet person but I got pushed to the limit for no reasonable answer. I will not buy another condo again. They really are dictators and find people to take their sides and make you look bad. Sorry lady your wrong.

The times they are a changing. March Meeting

Deb or Carole not present

George's pet project of cars and snow was on the agenda. He thinks that peoples garages are full of "junk" and that they park outside. He want's all cars towed for violation of the rules regarding snow. I guess he's right but it's a little late now. They concluded that next year they will mail reminders regarding snow rules.

The thing that stands out with this group is that they are always focused on the problems, concerned about fines, and never spend one moment on continuous improvement for the future. No one ever sat back and said "lets discuss where we want to be in the next 5 years". Instead, they seem to be in a continuous unproductive negotiation mode. This is probably because they don't want to spend the time on forward looking projects. If there is no desire to spend time on the 5 year goal, then a separate group of people should be envoked to work on these goals and present them to board members.

For me, a magic wand would produce an area with wireless internet for all at a small cost which would create income for the people of the association, a package deal with Comcast for a group arrangement which would benefit RV3, A closed loop geothermal system for all to tap into, 6 percent per year for assessment late fees per our legal covenant contract, a self operated management system which would pay for a full time employee at the same cost as our current charges, Internet posting of minutes, newsletters and other pertenant detail and a job description/requirements for people on the board.

A board willing to at least evaluate the new technologies would go a long way into the goal of improving RV3. As Deming pointed out, only 15% of your goal requires attention. The remaining requirements simply flow into place. http://www.deming.org/theman/teachings.html

I look forward to using this web site as a tool for RV3.

February Meeting Notes

We now have a new president by the name of George Plew. Carol has stepped down amidst the pressures she has endured during the past year. George stated that his other activities are more important than RV3 and he may step down if this gets too much.

I asked that the board discuss the practice of publishing peoples debts to neighbors. I asked nicely and was met with resistance from George. He said that fundamentally, I was in no position to discuss this and that the board may at some time discuss the issue of embarrassing people. I did point out that this was discussed in MN State statues 515A and B but that both statutes seemed to conflict with each other. Anyway, George was obviously put out that I would have the nerve to bring up such a subject. Interesting to note that they had a closed meeting to discuss a debtor.

My number 2 issue was concerning a meeting I had with my lawyer regarding the last newsletter which was sent out. This letter meets a 3 pronged test for slander and I explained to the board that I was advised to take this to court for the maximum penalty allowed in Anoka county of $7500.

I told them that I would accept an apology but Carol blew up and wondered if I would apologize to Pat for calling her a peeping Tom Nazi. Carol is confused. I only reported what other people call Pat. I also removed the word Nazi since I also believe that other peoples names for Pat are inappropriate to publish. I told them that truth is an absolute defense (Dennis the new guy cracked up laughing) and in fact my writings do not meet the 3 pronged test for slander. Check the previous posts. Only the truth prevails.

I did not get an apology. It's going to be worth my efforts to try this.

It is apparent that the author of the slander is personally responsible. My lawyer informed me that Riverview Third is not involved at all.


All of the overdue accounts past 90 days have been handed over to the lawyers for lien action. I have personally visited the troubled homes and quite a few of them are what the mortgage companies call "abandoned". These are people who got an arm mortgage a few years back. These arms have increased interest rates and the homes are defaulted back to the bank. Of course, we pay $500 per home for lien action and now, the board learn that they can go without fees for 6 months. I have news for them. If the home remains empty for 15 months, they will lose 15 months worth of fees.

Hard times are on the way. The housing flurry for the 90's was created by 2000 people per month moving to Minnesota. Today, that number has dropped to 250 per month. We can expect more signs at Drake street and more people wanting out of an association looking to embarrass them by publishing there debts.

The Votes Are In

Alan = 16 votes
Pat = 36 votes
Dennis Frank = 47 votes
Christine Drum = 45 votes

There were lots of Proxies so I guess that the board members were busy collecting over the holidays.

I voted for everyone except Pat since my objective is to change the face of the board. Congratulations Christine and Dennis.

So the good news is that 2 board members are gone and the other good news is that I'm not on the board. Had I won, It really would have been a big fight since they don't want to serve, they want to dictate. This won't change the pressure I will be applying on the board and I do believe that I can be even more influential in my current role

I know that Christine has read the covenants and that she will be able to hold her own as an independant thinker.

The only other notable issue was Al Dittbrenner letting a home owner know that if she replaces the outside light, they would reimburse her for the light. I guess he doesn't understand that the lady he was addressing was not an electrician and probably could not rplace the light.

A townhome association is supposed to be for people who don't want to mess with the outside of the building and go buy lights. That seems to me to be the job of the association who take fees everymonth for maintenance.

We'll report on the next meeting and the progress with lawsuits.