Cash Cow

The last board meeting only reinforced my belief that the CFPOA agenda is to push out the middle class and fixed income residents. Our general manager, Jim Lorah, announced with pride that the association was able to foreclose on two property owners for failure to pay assessments. One property was below their expectations but the second was a cash cow. It was a three hundred thousand dollar home with no mortgage that they were able to obtain through foreclosure for a mere twelve thousand dollars. There was jubilation in the audience. Now the board has the legal power to control what they consider “undesirables” and they can manipulate whatever special assessments they desire with no guilt or concern for property owners or their financial situation. When asked if the board filed a lien on the properties prior to foreclosure, I received the typical run around referring me to the bylaws.

The announced purpose of the meeting was to discuss the termination of the building contractor for the proposed clubhouse renovation. As expected, through no fault of Connestee, the contractor was accused of not meeting his obligations or returning phone calls forcing the board to consider further bids.

A contractor who was also a Connestee resident accused the board of lying to all Connestee residents stating that the architectural fees were included in the total cost of the project and not separate as described on numerous occasions. This forced the board to concede that his statement was factual. The board also stated that the cost of the sprinkler system was omitted by the architect which is subject to verification.

The renovation of not just the clubhouse but the entire subdivision was thought to be a ten year renovation through special assessments. It was announced that the plan is now a three to five year renovation with no limitation on board decisions and demands that property owners can expect to pay. If you can’t afford the special assessments, try and sell your home with an eight thousand dollar entry (amenity) fee and compete with the other one hundred forty plus homes for sale in Connestee.

Whether it is a one hundred thousand dollar home or a three hundred thousand dollar home, CFPOA will be proud to foreclose on your property. Just don’t expect the association to do their part and sell the almost six hundred unimproved lots that it owns that could reduce maintenance costs, assessments, and help pay for improvements.

My question at the meeting asked why the board is always in the dark and refuses to answer questions relating to proposed expenses and assessments and why they are always at the top of their game when they want residents to immediately respond and vote on their demands. Without fail, I got the deer in the headlights routine. In many respects, CFPOA is like Congress. The board and its decisions are based on greed and influenced by those who don’t represent the best interest of the people who gave them the power in the first place. Even Congress will someday comprehend that only the people can also take away that power.

Demise of Gated Communities

There are things in life that deserve to go by the wayside. Is the gated community one of them? In this economy, are they sustainable and do they discriminate against some members of the development? With the exception of the top one percent, most people are concentrating on basic survival.

At one time, people of all incomes lived peacefully within its gates. But, there is a new attitude lately, one of denial and desperation. Why pretend that the economy has no effect on members, that more rules and regulations and higher fees will keep a community an exclusive development, and that this generation will be able to carry the financial burden?

Maybe the concept of the few making the decisions for the many has run its course. Catering to the top percentile is their only remedy to avoid bankruptcy. More residents are not paying assessments. They are surrendering unimproved lots or forced to relocate. Some communities have chosen to make extensive improvements and renovations requiring special assessments to pacify a select group of property owners.

Rules and regulations are enforced by excessive control and intimidation. The Board makes the rules and regulations without member’s permission. Many of these rules are absurd and intrusive. I have personally been advised that security witnessed me feeding the wildlife.

There are remedies to the survival of the gated community in this economy. But it would require reassessing the concept of everyone co-existing without discrimination. If the affluent are “embarrassed” that the clubhouse needs renovation, change the clubhouse and golf course to a for-profit corporation, separate from residential, allowing golfers this luxury without the entire development paying. This would drastically reduce assessments and maintenance fees.

The Board should not have unlimited control. A community vote should be required if a decision by the Board is unreasonable or discriminatory.

Relax the rules and regulations. It doesn’t matter that there is too much silt in the lakes, that the geese are trespassing, or the deer consumed their annuals.

The new philosophy of the gated community is based on the Golden Rule. “He who has the gold makes the rules”. This will also be its demise.

Connie W. Maros
Brevard

Oblivious

I just returned from the community meeting to vote on the Special Capital Expenditure proposal for improvements to the clubhouse.

For years I was certain that Connestee had a great racket going and the community was oblivious to the control from this non-profit corporation. Today I am convinced that they have us all over a barrel and have to go through the motions just to pamper the residents. Unlike management, the community seems sincere in their efforts to improve Connestee but they are refusing to see the big picture.

The situation has nothing to do with slippery oak floors or whether we should renovate the fireplace. This is exactly what management wants you to argue over. Just don’t obsess about the $200,000 spent since 2010 on bids and fees that has vanished or was confiscated. Now they want the community to accept more architectural fees for just the first phase of five phases and approve an additional $100,000 plus for a project phase that was only going to be 10% of the total costs for the clubhouse.

My son, who worked for an architectural firm for nineteen years, said that those who abuse the process make their money in the negotiation stages prior to construction. This is apparent in the substantial fees for bids and an owner’s on-site representative fee of $15,000. During the meeting, a member asked if the on-site representative fee was fixed and the board was forced to admit that it was not.

The public has been advised that gas could reach over $5.00 per gallon by this summer if Israeli plans an attack on Iran. If the attack is carried out, gas could go as high as $7.00. Prices at the pump will affect the cost of every aspect of construction. The two million dollar clubhouse could now be over four million. But, let’s not talk reality. Pushing this clubhouse project down our throats is their main concern.

My question at the meeting was to find out what would happen to fixed income residents and what special assessments we would be charged for a proposed two million dollar clubhouse improvement along with other improvements for the next decade from the Strategic Planning board. But, it didn’t deserve an answer. How dare I question board decisions? It got their full attention though when one member stated that he owned several homes in Connestee and he endorsed any and all improvements.

Number sixteen of the mailer “Frequently Asked Questions & Answers” asked what would happen if the proposal was voted down. It states that the areas in phase one will be updated now if voted yes or updated sometime in the near future if the proposal was rejected. So, all of this procedural nonsense is just an illusion that you have choices.

We do know that Connestee owns five hundred sixty-one lots that could be sold but it would be counter-productive to liquidate these lots. How would you justify the need for escalated amenity fees and special assessments?

If the meeting was any indication that the board members, who bothered to show up, were informed enough to explain what we should expect regarding the clubhouse, they failed miserably. They weren’t interested in answering the most basic questions and they avoided answering what they didn’t want divulged. This project has always been a done deal and the meeting was just to appease property owners.

My concern is if there is one million dollars in reserve, will the one million go completely toward renovating the clubhouse? And, if the board doesn’t need our approval for each phase of the clubhouse under $350,000, assuming that this is the strategy; will this cover expenses through phase three without having to ask for special assessments? Good luck getting an answer.

It doesn’t matter what improvements you would like to see as a member of CFPOA. After your vote has been counted, Connestee will get its new and improved clubhouse along with all future improvements. They will keep the same board that makes our decisions and can’t ever answer a simple question. Hundreds of people will take the trouble to show up to meetings but never get involved. The property owners will continue to pay for everything but have no control. The economy and soaring amenity fees will only take out the “undesirables” from Connestee. And, as long as we remain oblivious, do what we are told, and question nothing, life can be just like Pleasantville in this gated community.

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