Special Meeting Tonight

8/3/2019 Special Meeting Tonight

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Special Meeting of theHomeowners

TONIGHT 7pm at

VILLAGE OF VOLO Bldg.

Townes at Remington Pointe


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Purpose of this Meeting Review reasons to remove these board

members. Vote to remove (Penny, Nancy, and Deb).

Elect replacements. Discuss property management.


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Why? Let us count the ways!

This board is not open to listening to ourcommunitys needs or allow input in anymeaningful way.

This board is standing in the way of consideringoptions which ARE available within the declarationto solve many needs and issues.

This board is not willing to seriously considerproperty management options and seem to actupon the property vendors directions- withoutquestion.


4/48

Let us count the ways (cont.) The board has been taking votes on matters

without calling meetings or providing notice of these meetings, including email voting which isnot allowed by its corporate protocols or by ourDeclaration.

This board is spending YOUR money on attorneyfees (meetings) to contest persistent criticismsof excluding homeowners and generally covertheir incompetence or stubbornness of notfollowing proper procedures.


5/48

It had been attempted to point out the needfor OPEN MEETINGS,

properly including homeowners, etc.The earliest dated: July 31, 2011

Number of Times that attempts to correct,

guide, teach or point out (often twice in thesame day) and went ignored:

Weve counted over a dozen spanning

across August and into October,having lost track of the count.


6/48

When Property Management was asked-

1) For a list of all homeowners -- AND-

2) A review of the initial election proxies(as someone else questioned the validity of how votes for tallied)

The attorneys replied that therequested documents are notnecessary for you to performyour duties as board member


7/48

Even after pointing out:Illinois Condo Act statutes

Each board member should have a copy!


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Boards response:

Informed that the Board met and voted to NOTdisclose this information Scott asked where andwhen did this secret closed meeting take place?

The answer: No meeting no minutes we talkedand decided against

Additional emails have been removed as part of what we call their Homeland Obscurity policy


9/48

We are being forced to defend our rights,health and the enjoyment of our

homes and investments.

This is MY Home too! The Institute for StressManagement and PerformanceImprovement, 2010, The Art

of How to Delegate

Criticism of official actionsshould not become reasonsto launch personal attackson its members!

If you dont like scrutiny

than do things right-beginning with listening tothe members voices!


10/48

Overview of the numerous

Topics facing this association:Sealcoating is listed as the homeowners responsibility (and

ensures that our driveway stays germane to being viewed as ours).

Rules and Regulations and more Finable Violationsincluding intent to have parking restrictions and towingcontracts.

Outlot R and Landscaping optionsImproper procedures

Examples: Reserve Study & Core AerationBOTH Signed, sealed, spent and delivered despite concerns of

going over budget, and no open meeting to ratify BEFORE doing, etc.

Common vs Limited areas- spelled out and already easilyunderstandable within the Declaration.

The desire to define personal space and other Homeowner vsAssociation responsibilities.


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I t s b e e n

d e m o n s t r a t

e d t h a t t h e

O N L Y t o p i c t h i s b

o a r d h a s

d i s c l o s e d / b

r o a c h e d o f t h e i r

o w n

v o l i t i o n

i s o n l y : G a

r b a g e


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This Board of DirectorsHow bad can it be?We all assumed wed share similar concerns and priorities,

right? Ask the same questions of PSI

The honeymoon lasted 10 min. or lessYes- it beganover the garbage

However what became most evident Is that these board members want to control how much and

WHAT you know of whats going on around here!!

HAVE YOU EVER READ OR SEEN ANYTHING ON THEISSUES THIS ASSOCIATION FACED-

BEFORE we began posting things publically?


13/48

Transparency: (from an Oct 28 th email) Penny refused to communicate further with fellow

board member : he abuses privacy, business content and matters that should not be discussed withhomeowners watching

One of the homeowners responses:As an assessment paying homeowner, do I not have the

right to be informed adding, What exactly shouldnot be being discussed in the presence of the

homeowners in Remington Pointe? Coming from atownhome community which I lived in for 15 years, Ihave learned that I must be proactive in regards to theissues concerning my community.


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Lets review: Townes ByLaws Article IV- Section 12-

which is ALSO reiterated in:

ILLINOIS CONDOMINIUM PROPERTY ACT - Updated through January 1,2010Sec. 18. CONTENTS OF BYLAWS. The bylaws shall provide for at leastthe following:(9) that meetings of the board of managers

shall be open to any unit owner , except for: i) litigation(ii) to consider employment or dismissal - or (iii) to discuss violators - or a unit owner's unpaid share ..

Open Meetings Act - (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)Sec. 1.02. For the purposes of this Act :

"Meeting" means any gathering , whether inperson or by video or audio conference, telephone call, electronicmeans (such as, without limitation, electronic mail, electronic chat,and instant messaging ), or other means of contemporaneous interactivecommunication, of a majority of a quorum of the members of a public bodyheld for the purpose of discussing public business


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Unfair / dishonest practicesExample:

Petition to keep the partition. KSN acknowledges that it can be left

up.

You are right the Board does have the authority,pursuant to Section 5.02, to approve the fence.However, I thought the main issue regarding thefence was that the Board was not interested inapproving the fence and wanted to feel better abouttelling the owner to remove the fence if they also gave theowner an alternative to how the fence can be approved.

So they set up a task with the odds of failing?


16/48

An extension requested: October 26 th:

Nancy - please forward to the Homeowners Board,Dear Townes at Remington Pointe Homeowners Board,

I would like to request an extension of two weeks to continuecollecting signatures. The original period of 30 days to collect133 signatures was not a reasonable time frame since so manyhomes are not occupied by their owners. I need time to mail andreceive responses from the nearly 40 offsite homeowners. I had onlyreceived this list a week ago. Additionally, I have been dealing with

some health issues that have prevented me from being able to walkthe neighborhood.


17/48

Already has 40+ signatures (a quorum)

(BTW- 67% of any meeting of owners with aquorum present is sufficient to amend By-Laws)------------------------------------------------------------------------------------------------------------------

Must get 75% of ALL unit owners, per this

Board. This requires access to off site owners. Given 30 days to obtain 133 signatures.

Video of last meeting shows: 30 days fromwhen she is provided with the neededinformation

Information was sent by N.Hankins: Oct 17 th.

Agreed to in theOctober Mtg asheard on the video:

Thirty (30) days fromwhen the owner of thepartition receives the

list of offsiteowners

October 17 th , 2011


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She had it right for a minute ----- Forwarded Message -----

From: Nancy Oliver To: Deb Zona

Cc: Nancy Hankins; Penny Pinkus: Scott Heyer Sent: Wednesday, October 26, 2011 2:21 PM

Subject: Re: FW: Unit owner address requestOK....I am also not in favor of an extention BUT we alldid agree to give her 30 days from the date that

Nancy H gave her the list of homeowners. Looks likeNancy gave them to her Oct.17 so if you count 30 daysfrom then...she has till 11/15. So I would be in favor of giving her till then but not any further!!!!


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From: Scott Heyer To: Nancy Oliver; Nancy Hankins;

Cc: Deb Zona; Penny Pinkus; AND included were the members of the Landscapecommittee" Sent: Friday, October 28, 2011 11:07 AM

Subject: Re: FW: Unit owner address request

To address this from my point of view.

I have to agree with N.Olivers first appraisal that 30 days from theday Krista got the list of offsite owners would mean Nov. 17thanyways , not 30 days from our first open board meeting. At thevery least, in consideration of the health issues and pending surgerythat Krista is facing, allowing time for the offsite owners to respondwould be fair.

One of the topics that the landscape committee agreed would beimportant and enhance the pride and value of our community isthe opportunity to define some personal boundaries. Thecommittee has not had a chance to present its recommendations or anything before an open meeting, and therefore this should certainlynot be decided here.


20/48

Deb Zona-(Yes- The one that left the 1 st meeting)

----- Forwarded Message -----From: Deb Zona

To: Nancy Hankins Cc: Nancy Oliver Penny Pinkus; Scott Heyer Sent: Wednesday, October 26, 2011 12:55 PM


I am not in favor of granting an

extension. This has gone on for monthsalready. I am hoping we can resolve at theBoard meeting. Thanks. ~dz


21/48

The final answer was delivered Nov.3rd ask the homeowner:

Removal by TOMORROW- Nov 4 th-or fines will be incurred daily.

Not nice- not in keeping with your word.Integrity value? 0


22/48

Trustworthy? Violations being sent for things that have

been not enforced in years.

Warnings being sent for things NOT evenin ANY of the Declaration or By-laws(i.e. tethering, parking multiple cars inparking bays, etc.)


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How many others got violationletters- regardless?

Pursuing violations despite the voiced outcry,parking needs, other pressing issues, financial

questions, and health concerns, etc.

Again- we askat what meeting and where are the minutes?

The Boards final answer should be ratifiedat an OPEN MEETING ?

FINALLY appeared in the Nov. 8 th meeting video-after our certified mailed 2 nd Violation notice.


25/48

Violations based on applying only arbitrary parts of the

Declaration - after 4-5 years of no enforcement?Wheres the procedural compliance and fiduciary duty?Whos idea was this?

Aside from 1) the health risks of the pathogen breedingbacteria that occurs in household garbage, how it rates asthe highest measurable factor affecting indoor air pollutionquality. as supplied in ample EPA publications availableas cited resources, and

2) ByLaw VI Section 1 (q)[the board may] adopt reasonable Rules not

inconsistent herewith , as it may deem advisable for theproperty, and for the HEALTH, COMFORT, SAFETY ANDGENERAL WELFARE of the Unit Owners/Occupants.


26/48

TRUST them?Be Impeccable With Your Word.

Speak with integrity. Say only whatyou mean

~ Don Miguel Ruiz


27/48

In summary:There are so many issues that this board would NEVER have brought before ANYONE if we didnt begin to get boisterous about HOW they have gone about everything from the beginning

Youd never know or hear of them if after first pointing out to the board that:

They are NOT following protocolsNOT informing homeowners of the issues Ramming forward with votes, decisions, and contract spending, creating MORE impractical rulesNOT representing or even listening to the people that comprise this community- despite raised voices onnumerous occasions.

Then its TIME to stand up and do something about it !!


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A Bill of Rights for Homeowners in Associations:Basic Principles of Consumer Protection and Sample Model StatuteResearch Report by David A. Kahne, Law Office of David A. KahneJuly 2006

This AARP Public Policy Institute Issue Paper outlines a set of 10 key

principles that homeowners have the right to

Security against ForeclosureResolve Disputes without LitigationFairness in Litigation

Be Told of All Rules and ChargesStability in Rules and ChargesIndividual AutonomyOversight of Associations and DirectorsVote and Run for Office

Reasonable Associations and DirectorsAn Ombudsperson for Homeowners

The author is a Texas attorney who has been practicing law for more than 20 years


30/48

Lets consider. Willful misconduct?

Fidicuary Duty? Ethical & Professional expectations

We deserve an ethical relationship of confidence andtrust that listens and works towards balancing theneeds of its community members.

Advocate for input and involvement to establish a mutualvision for the future sustainability of the homeowners of the Townes.


31/48

Legal Dictionary definitions.uslegal.com Misconduct is a legal term meaning a

wrongful, improper, or unlawful conductmotivated by premeditated or intentionalpurpose or by obstinate indifference to the

consequences of one's acts.

You mean like not complying with Illinois NFP

Statues? Illinois Condo Act? OUR Declaration / By-laws- which ALL outline manner of acting?


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This addresses Non-for-Profit Corporations more

Malfeasance or official misconduct , is thecommission of an unlawful act, done in an official capacity,which affects the performance of official duties. Malfeasancein office is often grounds for a for cause removal of anelected official by statute or recall election.

You mean like voting, signing and contracting services?

Refusing open meetings for all meetings and

providing access to data THATs why werefinally here contesting this boards ability to runour affairs.


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Malfeasance has been defined by appellate courts in other jurisdictions as a wrongful act which

the [person] has nolegal right to do; as any wrongful conduct which affects,interrupts or interferes with the performance of official duty; as anact for which there is no authority or warrant

of law;as an act which a person ought not to do.

Daugherty v. Ellis, 142 W. Va. 340, 357-8, 97 S.E.2d 33, 42-3 (W. Va. 1956)(internal citations omitted).

The court then went on to use yet another definition, [misconduct] isthe doing of an act which an officer had no legal right to do at all and

that when an officer, through ignorance,inattention, or malice , does that which they have nolegal right to do at all, or acts without any authority whatsoever, or exceeds, ignores, or abuses their powers,they are guilty of malfeasance."Would disclosing members assessment status fall

under this or applying violations unevenly, or

personally attacking members of the association?


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You mean like -- continuing business without OpenMeetings,, despite criticism forcing us

to put our health at risk or breaching professional confidentiality?

Willful misconduct generally means aknowing violation of a reasonable and uniformlyenforced rule or policy. It means intentionallydoing that which should not be done or intentionally failing to do that which should bedone, knowing that injury to a person willprobably result or recklessly disregardingthe possibility that injury to a personmay result.


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http://www.mosherlaw.com/docs/doliablegalissues.pdf

FIDICUARY - A fiduciary duty (from Latin, meaning "(holding) in trust";from fides , meaning "faith") is a legal or ethical relationship of confidenceor trust regarding the management of money or property between two or more parties,


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Its easier to remove them

Association insurance provides for a

board member's legal defense andprotection against legal action but itdoes not cover willful misconduct.


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HOAs are fighting back States are pushing for more checks and balances in homeowners'

associations. The North Carolina Planned Community Act, for example,requires a due process hearing to be held before any homeowner may be fined for a covenant violation . Italso limits the amount of the fine and sets other restrictions.

California has severely limited the prerogatives of boards by requiring

hearings before fines can be levied and then limiting the sizeof such fines even if the owner-members do not appear.

In California, any rule change made by the board issubject to a majority affirmation by themembership if only 5% of the membership demand a vote .

http://en.wikipedia.org/wiki/Homeowner_association


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When is ENOUGH - ENOUGH?

When do we reclaim our rights? Bucks County Woman Fined By Homeowners

Association For Colored Christmas Lights -December 2, 2011 10:21 AM

http://philadelphia.cbslocal.com/2011/12/02/bucks-county-woman-fined-by-homeowners-association-for-colored-christmas-lights/?hpt=us_bn4

A Kentucky homeowners association saysDisabled boys playhouse must go, a building usedas part of a disabled 3-year-old's therapy can't stayin his parents' backyard.

http://cactusnewsonline.com/2011/12/03/disabled-boys-playhouse-must-go-says-homeowners-association/


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We need to think out of the box :Vision and possibilities abound!

Lets create value and position ourselves in theReal Estate market so people WANT to be here.

#1 Buyers do NOT want more regulations, andover-reaching restrictions that only shrink thebuyer base further (i.e. dogs under 100#, driving

people out while gnawing at the financial investments of others).


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The Prairie Crossing model Sustainable landscaping Has won Excellence Award /

Finalist 2005

The ULI Global Awards for Excellence will honor development projects from across theglobe in a single competition. The internationalcompetition will be overseen by a jury composedof ULI members from around the world who arerecognized leaders in their field.


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Necessity is the mother of innovation .We wont survive this Boardsdirection to more stagnation!

Financial consciousness Real estate market challenges

Strengths (i.e. near Fox & Chain andlocated at easy routes points) Opportunities (i.e. embrace our wetlands

collaborating with our Community-cousins,the Remington Villas and single familyhomes and local DNR efforts, grants, etc).


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Outlot RNo mans land

Excerpts from----- Forwarded Message -----From: Penny PinkusSent: Friday, October 28, 2011 2:01 PM


We are not all on the same page withgaining "control" of outlot R

But we cant consider any ideas withoutacquiring property


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Consider what would be your Top2 priority items for a wish list of

community brainstorming options that would be realistic for us

Surveys- an important way to gauge,stay updated and participate.

Assuming you have leadership that willsolicit, listen and incorporate our input!


44/48

Desoto Dreams?

Inspired by a former Townes renter- explaining some of its limitations

A Future Board announces: Architectural committee outlinesStandards for EXPANDED Balconies with optional stairs (2 nd Fire exitand kids can get out to commons)

Imagination -

drives the future


45/48

OWC in Woodstock, IL Installed a 500 kilowatt wind turbine on

its manufacturing facility, Other WorldComputing says it is the world's first 100percent wind-powered IT company.

The wind turbine will generate anestimated 1.2 million kilowatt-hours of energy per year, which is more thandouble the amount OWC says it needs topower its LEED Platinum facility and datacenter; as a result, the excess power willbe sold back to its electric utility.


46/48

The Snowball Effect? The Snowball effect- Its gaining momentum.

The list of ideas keep compiling into a rich-texturedperspective of what could be!!

Transparency and channels of open communicationand proper representation.

Ethical, professional, and respectful service-focused leadership to ALL residents.

Sustainable landscaping, renewable energy, self-management, and innovative irrigation lines (save $). Grants for wetland conservation efforts. Acquire control of Outlot R to design our own use

for it. Define personal space, instill property-ownershippride and seek problem-solving approaches to home

rental/sales, parking constraints, pet population, etc. Guest speakers, volunteer led activities or programs,

etc.

Weeee!


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Teamwork has gotten us this far without resourcesWeve delivered: better communications, ideas and a

possible horizon with 1000s of combined man-hours,but all for under $400 (out of pocket), we dont get any

compensation either ! We just want to be left alone!


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One Rule proposed

Special Meeting Tonight

Documents

Transcript of Special Meeting Tonight