Clubhouse Chronicle

Association to hold vote on some improvements

In response to the above publication that was mailed to all CFPOA members, my first impression is one of deception. Why would it take the board and finance committee one week of deliberation to decide to follow the rules and allow members to vote if the work exceeded the $350,000 limit?

We are now being asked to approve a “not to exceed” $440,000 amount “to update the front areas of the Clubhouse”. The good news is that this particular phase will not require a special assessment. The questionable news is that if we approve the change in rules allowing the $440,000 figure, will we forfeit our right to revert back to the $350,000 limit requiring membership vote? It is imperative that we preserve this rule or the next time the board and finance committee won’t even bother to deliberate. Our annual assessments and proposed special assessments for improvements will be spent at their total discretion and for any amount that they see fit.

The wording of the mailed ballots is essential in determining if community action is necessary. Under no circumstances should any member relinquish their right to vote on improvements exceeding $350,000. My suggestion would be to email every CFPOA member if it evident that this is an attempt to change the rules.

We all want Connestee to be honest. Advising all members at the last minute that there was going to be a community vote when they knew well in advance of the amount proposed, stating in the Chronicle that they debated giving us the choice of a vote at all, sending the ballots out before there is a meeting to discuss the details, and basically telling us how to vote, is not honest and not the way Connestee should do business.

This website provides an unrestricted public forum for opinions and comments. Tells us what you think and how we can improve Connestee.

561

The number 561 represents the number of lots in Connestee Falls subdivision that have been acquired by the association primarily by the owner surrendering the property due to excessive assessments.

Little if any attempt has been made to liquidate these lots to bring additional income into the subdivision. Recently the association has decided to organize a committee to market the properties. But, according to the new general manager, Jim Lorah, no local Realtor will be able to list any of the properties. Jim Lorah stated in our telephone conversation in January 2012, “We can’t even give the lots away”. One would think that this would be a priority instead of requiring special assessments from property owners to make major improvements to the clubhouse and other proposed projects on the strategic planning list. If the lots are worthless in this economy, how do you expect property owners to finance new building projects?

It is this kind of logic that will bankrupt this development. The association will continue to make more demands on the property owners without having to make any concessions. If the ultimate bottom line is to build an exclusive golf resort and eliminate the middle class from buying property in Connestee by excessive entry (amenity) fees and annual assessments, will the one percent be able to or even desire to maintain this development without the other ninety-nine percent?

I also asked Jim Lorah what the procedure would be to rally property owners to participate in a petition drive to reduce or eliminate the entry (amenity) fee. He stated that the proceeds of the entry (amenity) fees were primarily used to maintain the fifty plus miles of roads in the subdivision. He also stated that unlike Sherwood Forest with county roads, Connestee has private roads. According to Transylvania County and a Sherwood Forest property owner, the roads in that subdivision are also private roads and repairs are paid from owner’s annual assessments.

I discovered from my conversation with Mr. Lorah that my vote doesn’t count. It would be futile to rally for a petition. My request would have to be submitted before the finance committee and the board for it to even be considered as part of the budget and voted by the community. In reality, the property owner has no control. Similar to government politics, you have only the illusion that the people you put in office and positions of power are making thoughtful decisions on your behalf.

Most of the decisions to renovate the clubhouse and multiple other improvements are not based on necessity but greed as defined ” the wanting or taking all that one can get with no thought of other’s needs”.

My time in Connestee Falls Subdivision

The purpose of this website is not to condemn CFPOA but to explain what I have experienced living in this gated community.

My parents purchased the home where I reside in Connestee approximately twenty years ago.   It is one of the oldest homes in the development built in 1973. I was given the home in 1999 because they were no longer able to travel from Florida.

Connestee offers numerous amenities and activities for people desiring companionship and to enjoy an active lifestyle.   I personally choose not to participate in the activities nor do I dine in the clubhouse or golf.   My assessment payments provide access through the gate and use of security.

As a full time resident, I have witnessed many changes.  Water prices are now six times the cost; cable has tripled under Comporium, power costs are regularly increased since becoming Duke Energy, and Connestee assessments and entry fees have more than doubled.   As a property owner, you were part of a community that shared the burden of approving necessary improvements by voting and paying your fair share.  What was not expected were changes to the philosophy of Connestee.

Several factors are involved in these changes.  The subdivision is now forty years old.  What was probably designed to be an upper middle-income retirement community has changed significantly.  Connestee wants a new image and the ability to compete with other golf courses.  This will require substantial funds in the form of special assessments from property owners to replace and or remodel the clubhouse and improve common areas.  Will the list ever be finite?  That is the concern.

Another problem is the disturbing fairness factor.  We live in a community where the voters determine the financial lives of all property owners.   If you live on Social Security or a fixed income this is particularly stressful especially if you are unable to meet your obligation.  A lien is placed on your property and paid off at time of sale if you are fortunate enough in this economy to secure a buyer. 

The inflated entry fee of eight thousand dollars is in place to discourage fixed/middle income residents to purchase within the subdivision.  It is also another obstacle for homeowners who wish to leave Connestee.  Many sellers have had to absorb this fee at closing.  

As an animal lover, it was very appealing that Connestee protected wildlife.  That is unless it is determined that a particular animal is a “nuisance”.  It was very upsetting to hear gunshots from hunters killing Canadian geese in the subdivision.  No explanation or conjured up justification from management will erase my disgust and anger.  Neighboring Sherwood Forest posts the protection of the birds in their subdivision by membership in the Audubon Society.  

In Summary: 

Connestee Falls was a lovely place to live for over a decade.  Assessments escalated but manageable.  Most people in the subdivision are warm and friendly.  Maintenance and security are the best.   But, the policy based on Connestee bylaws basically requiring that all must now equally pay for the wants and desires of management and the affluent are no longer sustainable. It has forced a proud community into screaming matches at subdivision meetings each expressing their views.  There is little trust that the presentation facts are accurate and that the establishment will work in everyone’s best interest.

The most embarrassing and shocking realization is the lack of empathy or concern by management for the residents whereby these new building projects may create financial hardships.  It may be a recent political trend to force your greed, wants and desires, and disregard the consequences it may have on others.  There is also no alternative but to sell your home if you comprehend the manipulation and propaganda. 

If you converse with management, they will state that you as a property owner have a vote.  What they rarely contribute is the fact that any improvement under $350,000 doesn’t require your vote.  These funds should suffice in obtaining bids and permits in anticipation of projects that are less likely to be approved by owners.  Once the money has been approved for a particular phase of construction, there is little chance of stopping construction of other phases and improvements.  I have yet to receive an answer as to how many times the association can enact the use of each  $350,000 without a community vote. 

As a recommendation to new prospective Connestee Falls property owners, only sign the application after reading the entire Property Owner’s Manual.  The manual describing the bylaws and rules and regulations is the size of a rural towns phone book but worth the read.  The bottom of the application is where you agree to the terms and conditions and sign that you are familiar with the provisions.  I am unaware of an actual legal document binding you to obey CFPOA rules and bylaws other than the application. 

If you enjoy a social atmosphere with numerous activities, and you are fortunate enough to have substantial funds available to live in Connestee without concern for the economic future, consider the advantages of Connestee.  If you question the fact that voters control your fate, have empathy for owners forced to move, or you resent anyone dictating what color you can paint your house, move on.  I plan to do the latter.

Respectfully,

CFPOA, Property Owner

CFPOA kills protected birds due to their mess

The CFPOA advertises to address the "mess" left by the Canada geese in Connestee Falls by encouraging hunters to shoot them in our residential subdivision.  The original notice can be downloaded here.  The ad reads as follows:

"A controlled reduction effort will be forthcoming during Sept. to control our Canada Geese population in order to reduce the mess they leave behind, which can be harmful to humans and animals and contaminate our lakes.  This will take place on all four lakes and other common areas 9/1 - 9/30, generally early in the morning and in the evening.  We are doing this with State hunting licenses for Canada Geese.  We are following all applicable laws and hunting safety."

Connestee Falls claims that their core values include being a "Stewardship of the environment - We strive to ensure that our homes, common infrastructure and activities are harmonious with our natural surroundings". 

Connesteefalls.net's position reflects the MBTA to protect and LIVE with wildlife and not blowing it's brains out.

The Migratory Bird Treaty Act (MBTA), originally passed in 1918, implements the United States’ commitment to four bilateral treaties, or conventions, for the protection of a shared migratory bird resource. The original treaty upon which the MBTA was passed was the Convention for the protection of Migratory Birds signed with Great Britain in 1916 on behalf of Canada for the protection of the many species of birds that traverse certain parts of the United States and Canada in their annual migration. The primary motivation for negotiation of the 1916 treaty and the passage of the MBTA was to stop the indiscriminate slaughter of migratory birds by market hunters and others. The MBTA was subsequently amended as treaties were signed with Mexico (1936, amended 1972 and 1999), Japan (1972), and Russia (1976). The Canadian Treaty was amended in December of 1995 to allow traditional subsistence hunting of migratory birds.

Canada geese are Federally protected by the MBTA by reason of the fact that they are listed as migratory birds in all four treaties. Regulations must meet the requirements of the most restrictive of the four, which for Canada geese is the treaty with Canada.

The Migratory Bird Treaty Act provides that it is unlawful to pursue, hunt, take, capture, kill, possess, sell, purchase, barter, import, export, or transport any migratory bird, or any part, nest, or egg of any such bird, unless authorized by permit. Take is defined in regulations as: pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, would, kill, trap, capture, or collect.

For further details regarding the Migratory Bird Treaty Act, visit:

http://www.access.gpo.gov/uscode/title16/chapter7_subchapterii_.html

A lovely place

Connestee is a lovely place to live. No other gated subdivision in this immediate area provides such amenities, security, and beauty.

The Board of Directors makes decisions on behalf of the residents and resident’s vote on particular issues that involve large financial investments that will affect all property owners through assessments. This is hopefully to ensure fair treatment and avoid discrimination.

So what do you do when the powers that be are determined to make extensive renovations including the building of a new clubhouse?

Connestee has tried to present their point of view through numerous meetings and costly presentations. They hired a marketing research firm by the name of New South Research that developed a questionnaire through their focus group for residents to complete. The website states that they test market service concepts for clients before they make difficult strategic decisions that will make or break their bottom line. In my view, the bottom line was to manipulate the questionnaire in favor of the building project. The firm also prepares attorneys for mock trials.

There are few choices if you aren’t in the top two percent or on a fixed income. One can relocate but to sell in this economy you can expect a financial loss. Or you could stay in your home, pay the increased assessment, and buy into the premise that we are all making sacrifices. If this is true, why shouldn’t Connestee sell every piece of acquired land that it owns first and apply those funds to the proposed building project prior to a vote.

Everyone enjoys new and improved. But somewhere along the line one must ask themselves if the timing is right, will we insist on more than the single bid, and what is the acceptable number of people that may be forced out or suffer financially to remain in this community.


Connestee Falls Resident