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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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My wife and I own an investment home at

Customer Question

My wife and I own an investment home at ****************************************. The annual meeting was Jan 2, we await the results of the 2 open positions. Howard ****** chairs the board. His wife ... a non CPA .. does the accounting at 2x what we got bids for. Mr Greg **********, a realtor and HOA board member, is allowed to use our (non profit) clubhouse as hs office, and gets $50,000 annually to 'manage the clubhouse'. We have asked for evidence of annual bids, no response. At last nights HOA meeting, when questioned about the conflict of interest, Howie's response was 'Our lawyers say all is in order.' I've asked for that lawyer's name, no response. Her is my email to th board today: JA: Because real estate law varies from place to place, can you tell me what state the association is in? Customer: To the Bear Hollow HOA board: John and Jo Chambers sent you quotes a few years ago from reputable and proven Park City vendors for services rendered to Bear Hollow. For example the services of a CPA to handle our books came in at less than half the cost of Howie's wife, who is not a CPA. No action was taken, and the conflict of interest continued in place, which you allowed. In addition, Please provide the details of the sale of our water rights. Where did the money go? And I am re-asking the question: Who is counting the votes? You did not answer. All of you are legally responsible to avoid conflict of interest. It's just common sense as well as Utah law. Howie : you said at the meeting that 'our lawyer said it's ok.'. Who is this lawyer? Who is he/she representing? Because it's Bear Hollow funds that pay for this lawyer's 'advice', correct? He or she is representing us as well as you, since you are elected to serve US. What is OUR lawyer's name? Thank you. You say our dues are low. Our dues are low relative to other HOA's because (1) we pay for our own insurance vs most condo HOA's and (2) we pay for our own exterior maintenance. Based on the bids that John and Jo procured in 2010 and delivered to you, we could save 40% of our dues .I would be paying ($180 x 60% = ) $108, a $72 a savings over 5 years = ($72/mo * 72 mos = ) $5,184 in excess / unnecessary dues paid over 6 years, as I see it. That's just me. Mr. Watkins: I am awaiting your answers to my email from yesterday. JA: Has anything been filed or reported? Customer: no. JA: Anything else you want the lawyer to know before I connect you? Customer: Have her call my cell, *************. thanks.

Submitted: 1 month ago.
Category: Legal
Expert:  Attorney2 replied 1 month ago.

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

Expert:  Attorney2 replied 1 month ago.

Do you have a copy of the governing documents for this HOA? This is one of the most abusive cases I have heard with regard to an HOA.

We do not see your phone number the site should prompt you for a phone call.

At last nights HOA meeting, when questioned about the conflict of interest, Howie's response was 'Our lawyers say all is in order.' I've asked for that lawyer's name, no response. There needs to be a response.

Expert:  Attorney2 replied 1 month ago.

I will opt out for another Attorney.

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