Special Meeting of the Homeowners TONIGHT 7pm at VILLAGE OF VOLO Bldg.

Townes at Remington Pointe

Purpose of this Meeting
• Review reasons to remove these board members. • Vote to remove (Penny, Nancy, and Deb). • Elect replacements. • Discuss property management.

Why? Let us count the ways!
• This board is not open to listening to our community’s needs or allow input in any meaningful way. • This board is standing in the way of considering options which ARE available within the declaration to solve many needs and issues. • This board is not willing to seriously consider property management options and seem to act upon the property vendor’s directions- without question.

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 is not allowed by its corporate protocols or by our Declaration. • This board is spending YOUR money on attorney fees (meetings) to contest persistent criticisms of excluding homeowners and generally cover their incompetence or stubbornness of not following proper procedures.

It had been attempted to point out the need for 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 the same day)– and went ignored: We’ve counted over a dozen spanning across August and into October, having lost track of the count.

When Property Management was asked1) For a list of all homeowners -- AND2) A review of the initial election proxies
(as someone else questioned the validity of how votes for tallied)

The attorneys replied that “the requested documents are not necessary for you to perform your duties as board member”…

Even after pointing out: Illinois Condo Act statutes
Each board member should have a copy!

Board’s response:

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

Informed that the Board “met and voted” to NOT disclose this information… Scott asked “where and when” did this secret closed meeting take place? The answer: “No meeting… no minutes – we talked and decided against…”

Criticism of official actions should not become reasons to launch personal attacks on its members! If you don’t like scrutiny than do things rightbeginning with listening to the members voices!

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 Stress Management and Performance Improvement, 2010, “The Art of How to Delegate”

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 Violations including intent to have parking restrictions and towing contracts. Outlot R and Landscaping options Improper procedures Examples: Reserve Study & Core Aeration BOTH 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 easily understandable within the Declaration. The desire to define personal space and other Homeowner vs Association responsibilities.

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This Board of Directors…
How bad can it be?
We all assumed we’d share similar concerns and priorities, right? Ask the same questions of PSI… • The honeymoon lasted 10 min. or less…Yes- it began over the garbage… However what became most evident – Is that these board members want to control how much and WHAT you know of what’s going on around here!! HAVE YOU EVER READ OR SEEN ANYTHING ON THE ISSUES THIS ASSOCIATION FACED“BEFORE” – we began posting things publically?

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 with homeowners watching” • One of the homeowners’ responses: “As an assessment paying homeowner, do I not have the right to be informed …” adding, “What exactly should not be being discussed in the presence of the homeowners in Remington Pointe? Coming from a townhome community which I lived in for 15 years, I have learned that I must be proactive in regards to the issues concerning my community.”

Let’s review:
• Townes ByLaws Article IV- Section 12which is ALSO reiterated in:
• ILLINOIS CONDOMINIUM PROPERTY ACT - Updated through January 1, 2010 “Sec. 18. CONTENTS OF BYLAWS. The bylaws shall provide for at least the following:…
(9)

that meetings of the board of managers shall be open to any unit owner, except for: i) litigation
• Open Meetings Act - (5 ILCS 120/1.02) (from Ch. 102, par. 41.02) Sec. 1.02. For the purposes of this Act:
person or by video or audio conference, telephone call, electronic means (such as, without limitation, electronic mail, electronic chat, and instant messaging), or other means of contemporaneous interactive communication, of a majority of a quorum of the members of a public body held for the purpose of discussing public business…

…(ii) to consider… employment or dismissal - or (iii) to discuss violators - or a unit owner's unpaid share ..”

"Meeting" means any gathering, whether in

Unfair / dishonest practices
You are right the Board does have the authority, Example: Section 5.02, to approve the fence. pursuant to However, I keep the “partition”…. Petition tothought the main issue regarding the fence was that the Board was not interested in •approving the fence and …wanted to feel better about KSN acknowledges that it can be left telling the owner to remove the fence if they also gave the up.an alternative … to how the fence can be approved. owner

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

An extension requested:
• October 26th: 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 continue collecting signatures. The original period of 30 days to collect 133 signatures was not a reasonable time frame since so many homes are not occupied by their owners. I need time to mail and receive responses from the nearly 40 offsite homeowners. I had only received this list a week ago. Additionally, I have been dealing with some health issues that have prevented me from being able to walk the neighborhood.

Agreed to in the October Mtg • Already has 40+ signatures (a quorum) – as heard on the video:

(BTW- 67% of any meeting of owners with a “Thirty (30) days from quorum present is sufficient to amend ‘By-Laws’)

-----------------------------------------------------------------------------------------------------------------when the owner of the

• Must get 75% of ALL unit owners, per this partition receives the Board. list of offsite • This requires access to “off site” owners. owners…” • Given 30 days to obtain 133 signatures. , 2011 October 17th • Video of last meeting shows: “30 days” from when she is provided with the needed information” • Information was sent by N.Hankins: Oct 17th.

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 request OK....I am also not in favor of an extention BUT we all did agree to give her 30 days from the date that Nancy H gave her the list of homeowners. Looks like Nancy gave them to her Oct.17 so if you count 30 days from then...she has till 11/15. So I would be in favor of giving her till then but not any further!!!!

• • • •

From: Scott Heyer To: Nancy Oliver; Nancy Hankins; Cc: Deb Zona; Penny Pinkus; AND “included were the members of the Landscape committee" 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.Oliver’s first appraisal that 30 days from the day Krista got the list of offsite owners would mean Nov. 17th anyways, not 30 days from our first open board meeting. At the very least, in consideration of the health issues and pending surgery that Krista is facing, allowing time for the offsite owners to respond would be fair. One of the topics that the landscape committee agreed would be important and enhance the pride and value of our community is the opportunity to define some personal boundaries. The committee has not had a chance to present its recommendations or anything before an open meeting, and therefore this should certainly not be decided here.

Deb Zona(Yes- The one that left the 1st meeting) • ----- Forwarded Message ----From: Deb Zona • To: Nancy Hankins • Cc: Nancy Oliver Penny Pinkus; Scott Heyer • Sent: Wednesday, October 26, 2011 12:55 PM Subject: Re: FW: Unit owner address request

• I am not in favor of granting an extension. This has gone on for months already. I am hoping we can resolve at the Board meeting. Thanks. ~dz

• The “final answer” was delivered Nov. 3rd… ask the homeowner: Removal by TOMORROW- Nov 4thor fines will be incurred daily. Not nice- not in keeping with your word. Integrity value? 0

Trustworthy?
• Violations being sent for things that have been not enforced in years. • Warnings being sent for things NOT even in ANY of the Declaration or By-laws (i.e. tethering, parking multiple cars in parking bays, etc.)

How many others got violation letters- regardless?
Pursuing violations – despite the voiced outcry, parking needs, other pressing issues, financial questions, and health concerns, etc. Again- we ask… at what meeting and where are the minutes? The Board’s ‘final answer’ should be ratified at an OPEN MEETING ? FINALLY appeared in the Nov. 8th meeting videoafter our certified mailed 2nd Violation notice.

Violations based on applying only arbitrary parts of the Declaration - after 4-5 years of no enforcement? Where’s the procedural compliance and fiduciary duty?

Who’s idea was this?
Aside from 1) the health risks of the pathogen breeding bacteria that occurs in household garbage, how it rates as the highest measurable factor affecting indoor air pollution quality. – as supplied in ample EPA publications available as cited resources, and… 2) ByLaw VI Section 1 (q) [the board may] adopt reasonable Rules …not inconsistent herewith, as it may deem advisable for …the property, and for the HEALTH, COMFORT, SAFETY AND GENERAL WELFARE of the Unit Owners/Occupants.

TRUST them?
“Be Impeccable With Your Word. Speak with integrity. Say only what you mean…”
~ Don Miguel Ruiz

In summary:
There are so many issues that this board would NEVER have brought before ANYONE if we didn’t begin to get boisterous about HOW they have gone about everything from the beginning… You’d never know or hear of them – if after first pointing out to the board that: •They are NOT following protocols •NOT informing homeowners of the issues • Ramming forward with votes, decisions, and contract spending, creating MORE impractical rules •NOT representing or even listening to the people that comprise this community- despite raised voices on numerous occasions. Then its TIME to stand up and do something about it !!

Again—Folks… This is OUR homes! Things become ridiculously unbearable if we judged YOUR needs by OUR own lifestyle, habits and desires.
-------------------------------------------

• We do NOT need a Board that refuses to listen, blatantly states that it doesn’t matter what ‘WE’ want –> to the point and extreme that • opposition, disagreements and difference of perspectives, beliefs, and values become cause to find ways to • exclude, bar participation and even admission to meetings.

A Bill of Rights for Homeowners in Associations:
Basic Principles of Consumer Protection and Sample Model Statute Research Report by David A. Kahne, Law Office of David A. Kahne July 2006 This AARP Public Policy Institute Issue Paper outlines a set of 10 key principles that homeowners have the right to… •Security against Foreclosure •Resolve Disputes without Litigation •Fairness in Litigation •Be Told of All Rules and Charges •Stability in Rules and Charges •Individual Autonomy •Oversight of Associations and Directors •Vote and Run for Office •Reasonable Associations and Directors •An Ombudsperson for Homeowners
The author is a Texas attorney who has been practicing law for more than 20 years

Let’s consider….
• Willful misconduct? • Fidicuary Duty? • Ethical & Professional expectations We deserve an ethical relationship of confidence and trust that listens and works towards balancing the needs of its community members. Advocate for input and involvement to establish a mutual vision for the future sustainability of the homeowners of the Townes.

Legal Dictionary…definitions.uslegal.com
• Misconduct is a legal term meaning a wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose 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-lawswhich ALL outline ‘manner of acting’?

This addresses Non-for-Profit Corporations more… • Malfeasance or official misconduct, is the
commission of an unlawful act, done in an official capacity, which affects the performance of official duties. Malfeasance in office is often grounds for a for cause removal of an elected 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 – THAT’s why we’re finally here contesting this board’s ability to run our affairs.

“Malfeasance has been defined by appellate courts in other jurisdictions as a wrongful act which the [person] has no legal right to do; as any wrongful conduct which affects, interrupts or interferes with the performance of official duty; as an

act 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] is the 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 no legal 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 member’s assessment status fall under this – or applying violations unevenly, or personally attacking members of the association?

• Willful misconduct generally means a
knowing violation of a reasonable and uniformly enforced rule or policy. It means intentionally doing that which should not be done or intentionally failing to do that which should be done, knowing that injury to a person will probably result or recklessly disregarding

the possibility that injury to a person may result.
You mean like -- continuing business without Open Meetings,, despite criticism – forcing us to put our health at risk – or breaching professional confidentiality?

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

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

• Association insurance provides for a board member's legal defense and protection against legal action … but it does not cover willful misconduct.

It’s easier to remove them…

HOA’s 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. It
also 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 size of such fines even if the owner-members do not appear. In California, any rule change

made by the board is subject to a majority affirmation by the membership if only 5% of the membership demand a vote.

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

When is ENOUGH - ENOUGH? When do we reclaim our rights?
• Bucks County Woman Fined By Homeowner’s Association For Colored Christmas Lights December 2, 2011 10:21 AM
http://philadelphia.cbslocal.com/2011/12/02/bucks-county-woman-fined-by-homeownersassociation-for-colored-christmas-lights/?hpt=us_bn4

• “A Kentucky homeowners association says Disabled boy’s playhouse must go, a building used as part of a disabled 3-year-old's therapy can't stay in his parents' backyard.”
http://cactusnewsonline.com/2011/12/03/disabled-boys-playhouse-must-gosays-homeowners-association/

We need to think out of the box:
Vision and possibilities abound! Let’s create value and position ourselves in the Real Estate market so people WANT to be here. #1– Buyers do NOT want more regulations, and over-reaching restrictions that only shrink the buyer base further (i.e. dogs under 100#, driving
people out while gnawing at the financial investments of others).

The Prairie Crossing model… • Sustainable landscaping • Has won Excellence Award / Finalist 2005 The ULI Global Awards for Excellence will honor

development projects from across the globe in a single competition. The international
competition will be overseen by a jury composed of ULI members from around the world who are recognized leaders in their field.

Necessity is the mother of innovation.

We won’t survive this Board’s direction to more stagnation!
• Financial consciousness • Real estate market challenges • Strengths (i.e. – near Fox & Chain and located at easy routes points) • Opportunities (i.e. embrace our wetlands collaborating with our Community-cousins, the Remington Villas and single family homes and local DNR efforts, grants, etc).

Outlot R “No man’s land”
Excerpts from
----- Forwarded Message ----From: Penny Pinkus Sent: Friday, October 28, 2011 2:01 PM Subject: Re: FW: Unit owner address request

“We are not all on the same page with gaining "control" of outlot R” But we can’t consider any ideas without acquiring property…

Consider what would be your Top 2 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 will solicit, listen and incorporate our input!

Desoto Dreams?
Inspired by a former Townes ‘renter’- explaining some of its limitations…
A Future Board– announces: Architectural committee outlines… Standards for EXPANDED Balconies with optional stairs (2nd Fire exit and kids can get out to commons)

Imagination drives the future

OWC in Woodstock, IL
• Installed a 500 kilowatt wind turbine on its manufacturing facility, Other World Computing says it is the world's first 100 percent wind-powered IT company. The wind turbine will generate an estimated 1.2 million kilowatt-hours of energy per year, which is more than double the amount OWC says it needs to power its LEED Platinum facility and data center; as a result, the excess power will be sold back to its electric utility.

The Snowball Effect?
• The Snowball effect- Its gaining momentum. The list of ideas keep compiling into a rich-textured perspective of what could be!!

Weeee!

• • • • • • •

Transparency and channels of open communication and proper representation. Ethical, professional, and respectful servicefocused leadership to ALL residents. Sustainable landscaping, renewable energy, selfmanagement, 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-ownership pride and seek problem-solving approaches to home rental/sales, parking constraints, pet population, etc. Guest speakers, volunteer led activities or programs, etc.

Teamwork has gotten us this far… without resources… We’ve delivered: better communications, ideas and a possible horizon – with 1000s of combined man-hours, but all for under $400 (out of pocket), we don’t get any compensation either ! We just want to be left alone!

One Rule proposed…