Year 2008
Click History for a list of changes and updates.
__See Recent Posts for an explanation of the content. Click Continue for the listing of recent posts with brief summaries.
Don Nordeen
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Click Continue for Post Continuation plus Comments. Or Click Show All for Above plus Post Continuation and Comments.
December 31, 2008
December 30, 2008
Formal Protest — Proposed Amendment to DMCCR Concerning Venue
2008 December 30
Last Update: 2009 Apr 09. Click History for a list of changes and updates.
__The continuation of this post is my formal protest of the proposed amendment to the Declaration of Master Covenants, Conditions and Restrictions for the Michaywé Planned Unit Development concerning venue.
__Owners/members were provided no information on the validity of the proposed amendment nor were they provided the opportunity to review what analysis, if any, was done by an attorney. The board meeting minutes do not state any approval of a motion by the board of the Michaywé Owners Association to authorize such an analysis.
__When I asked board member Jay Welter for a copy of any legal analysis, he advised that such was privileged to the board. Nonsense! Owners/members paid for any analysis and the analysis potentially affects their rights.
__Since owners/members had no opportunity to discuss, debate, learn and understand the ramifications of this proposed amendment, the protest letter below will be revised to include questions directed to this concerned owner/member. See History below for additions and revisions to date.
__A related post, Are delinquent dues & assessments a personal debt?, analysis this question and concludes that delinquent dues and assessments are not a personal debt, and therefore cannot be collected in court as such.
__(added 2009 Feb 20) Collections Policy — Click Dues Collections Policy for MOA's policy posted on its website.
Don Nordeen
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Continue reading Formal Protest — Proposed Amendment to DMCCR Concerning Venue.
__The continuation of this post is my formal protest of the proposed amendment to the Declaration of Master Covenants, Conditions and Restrictions for the Michaywé Planned Unit Development concerning venue.
__Owners/members were provided no information on the validity of the proposed amendment nor were they provided the opportunity to review what analysis, if any, was done by an attorney. The board meeting minutes do not state any approval of a motion by the board of the Michaywé Owners Association to authorize such an analysis.
__When I asked board member Jay Welter for a copy of any legal analysis, he advised that such was privileged to the board. Nonsense! Owners/members paid for any analysis and the analysis potentially affects their rights.
__Since owners/members had no opportunity to discuss, debate, learn and understand the ramifications of this proposed amendment, the protest letter below will be revised to include questions directed to this concerned owner/member. See History below for additions and revisions to date.
__A related post, Are delinquent dues & assessments a personal debt?, analysis this question and concludes that delinquent dues and assessments are not a personal debt, and therefore cannot be collected in court as such.
__(added 2009 Feb 20) Collections Policy — Click Dues Collections Policy for MOA's policy posted on its website.
Don Nordeen
==========
Continue reading Formal Protest — Proposed Amendment to DMCCR Concerning Venue.
- Key Words:xx Attorney Issues, Governance, Governing Documents, Members' Rights, Michaywé, Amendment, Abuse
December 28, 2008
Estimate of Operating Loss for 2008
2008 December 28
Last Edit: 2009 Feb 14. Click on History for changes and updates.
__Making an ongoing estimate of the projected year-end financial results is one of the primary obligations of the board of directors. The budget is annual; so the primary checking point on financial status should be the projected results against that budget.
__One of my ongoing questions at Open Forums is asking for financial results — particularly compared to prior year results. In general, the board is not prepared to answer the question even though the board has just approved filing of the financial report for the prior month.
__The continuation of this post contains further discussion and my estimate of the operating loss for 2008 which is in the range of $200,000 loss (most optimistic) to $280,000 loss. Mr. Todd Chwatun, general manager, was unequivocal during the Dec 13 meeting that the operating loss would be the optimistic number — $200,000 loss. For 2008, the board approved a balanced budget, meaning that the performance to budget is an unfavorable $200,000 at best.
__The Line of Credit and Accounts Payable are also unfavorable to 2007. In 2007, the board used $80,000 from the reserve fund for operations. These three accounts are a short-term debt of $566,000 which is about 65% of the annual dues billing.
__But maybe members aren't interested in receiving correct and competent financial information since they voted to not have an independent audit committee that could provide trustworthy financial reports.
Don Nordeen
===========
Click Continue for Post Continuation and any Comments.
Last Edit: 2009 Feb 14. Click on History for changes and updates.
__Making an ongoing estimate of the projected year-end financial results is one of the primary obligations of the board of directors. The budget is annual; so the primary checking point on financial status should be the projected results against that budget.
__One of my ongoing questions at Open Forums is asking for financial results — particularly compared to prior year results. In general, the board is not prepared to answer the question even though the board has just approved filing of the financial report for the prior month.
__The continuation of this post contains further discussion and my estimate of the operating loss for 2008 which is in the range of $200,000 loss (most optimistic) to $280,000 loss. Mr. Todd Chwatun, general manager, was unequivocal during the Dec 13 meeting that the operating loss would be the optimistic number — $200,000 loss. For 2008, the board approved a balanced budget, meaning that the performance to budget is an unfavorable $200,000 at best.
__The Line of Credit and Accounts Payable are also unfavorable to 2007. In 2007, the board used $80,000 from the reserve fund for operations. These three accounts are a short-term debt of $566,000 which is about 65% of the annual dues billing.
__But maybe members aren't interested in receiving correct and competent financial information since they voted to not have an independent audit committee that could provide trustworthy financial reports.
Don Nordeen
===========
Click Continue for Post Continuation and any Comments.
- Key Words: MOA Financial, Working Capital, budget
December 13, 2008
Accounting for the Reserve [Preservation] Fund
2008 December 13
Posted: 2009 Mar 11.
Click History for a list of changes and updates.
__This post including graphics is available as a PDF file at Accounting Preservation Fund.pdf.
__This post is my 2008 Dec 13 email to Vice President Kirk Yodzevicis concerning an incorrect accounting of $80,000 from the preservation fund (reserve for repair, replacement and renovation) which occurred in 2007. This was posted on 2009 Mar 11 as Accounting for the Reserve [Preservation] Fund. This post is included to place the email in correct time perspective in this weblog.
Don Nordeen
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Posted: 2009 Mar 11.
Click History for a list of changes and updates.
__This post including graphics is available as a PDF file at Accounting Preservation Fund.pdf.
__This post is my 2008 Dec 13 email to Vice President Kirk Yodzevicis concerning an incorrect accounting of $80,000 from the preservation fund (reserve for repair, replacement and renovation) which occurred in 2007. This was posted on 2009 Mar 11 as Accounting for the Reserve [Preservation] Fund. This post is included to place the email in correct time perspective in this weblog.
Don Nordeen
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- Key Words:xxFinancial Information, 2007 General; Financial Information, 2008 General; MOA Operations, General/Total; accounting; financial statements; preservation fund; reserve fund
December 8, 2008
Vote "NO" on Proposed Amendment to Michaywé Deed Restrictions Regarding Venue
2008 December 08
Last update: 2008 Dec 12. Click History for a list of changes and updates.
___The continuation of this post is an email to MOA members recommending a "NO" vote on the proposed amendment to the Michaywé Deed Restrictions to add a venue provision.
___Are you satisfied that the board has provided full and accurate information on:
___If the answers are "NO" to these questions, do you believe that the board has provided full and accurate information about the proposed amendment?
___If the last answer is "NO", then why would you vote for the proposed amendment based on the information provided?
Don Nordeen
===========
Last update: 2008 Dec 12. Click History for a list of changes and updates.
___The continuation of this post is an email to MOA members recommending a "NO" vote on the proposed amendment to the Michaywé Deed Restrictions to add a venue provision.
___Are you satisfied that the board has provided full and accurate information on:
- the financial status quarter by quarter?
- the financial status year by year?
- progress toward a balanced budget?
- not achieving a balanced budget?
___If the answers are "NO" to these questions, do you believe that the board has provided full and accurate information about the proposed amendment?
___If the last answer is "NO", then why would you vote for the proposed amendment based on the information provided?
Don Nordeen
===========
- Key Words:xx • Attorney Issues, • Governing Documents - General, • MOA Governance, • MOA Members & Members' Rights, CC&Rs, Declaration of Master Covenants, Conditions and Restrictions, duty of obedience, law, members' rights, POA members' rights, restrictive covenant, vote
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