By Marcy G. Mermel, October 18, 2021
Have you received your ballot?
Vote NO for Option #1.
By VOTING NO FOR OPTION #1, it will compel the Board to consider a “Better Way”. Option #4 was given to the Board prior to mailing out the ballots…they said it was “too late”.
It’s never too late to do the right thing.
First, I would like to thank everyone for all the calls, emails and texts encouraging and supporting Proposed Option #4. Also, the help I received from some very special people giving me their thoughts, opinions, and numbers while developing this model – thank you so much. Thank you also to M. Bracke for publishing the first Article regarding the issues, concerns and pitfalls of OPTION #1 – all statements right on point.
There was also a recent post on Next Door that asked, “What is the plan for the “NO Voters”? I ask you to encourage the Board to adopt Proposed Option #4, “The better way”, as I believe you will see in the following explanation of its Benefits and Advantages. All PDF’s and Spreadsheets, including calculations are available at the end of this article. They can be viewed here or downloaded for your convenience. [Please click on the arrows to enlarge PDFs.]
Option 4 V.8. assessment tables(4800)- Longer plan – no rush to collect funds that can’t be used or spent quickly. Why would we want our money to be sitting in some POA account when it could be in our own accounts or portfolio, making interest or dividends for us, until it is actually needed by the POA?
- No asking for more money every three years – this exercise wastes our time, divides the Property Owners and costs us too much money that could be used for something else more productive. Who paid for the all the “Vote Yes” signs we saw being staked on lawns and especially large ones on common property? Who paid for the staff that worked with the Task Force, Board and F & P Committee for 8 months? Who paid for the “Vote Yes” tri-fold marketing piece that came in the ballot envelope? Was information from the “Vote NO” side included or even considered? How much is the actual Vote going to cost us, including printing, mailing and the use of a third party to facilitate the entire production?
As it is, if the Option #1 vote loses, it will cost us another chunk of money to adopt this Proposed Option #4 (or any other more acceptable model) when all that needed to take place was the re-printing of the ballots when this model #4 was shown to the Board….we could have gotten it right the first time!
Do we really want to do this every three years?????
- More palatable annual increases so those on limited or fixed incomes don’t have to move out of their Village homes. With Option #1, for improved Property Owners, the first jump was $20 per month, arriving at $110 by the end of the 3rd year! Proposed Option #4 is still at a manageable $95.57 by the end of year 3.
- There is no CPI considered in Proposed Option #4. We have no control over CPI, so why use it?
- Unimproved Property Owners also benefit from this proposal – annual increments are lower as well.
- Buy-in fees are revised to actually encourage construction, plus Property Owners that wish to move within the Village or purchase additional property are not considered “new buyers” and are not subject to the same fees.
- Utility increases have been revised-lowered as it is not fair, and possibly not legal, but certainly not ethical to continue to raise our water rates above market just because Administration does not have to get a vote from the members to do so. Additionally, because currently the profits made by the Utility department do not stay in the department, the $$ raised here would, and for two very specific needs: a. for any additions or new needs for our systems and such things as the water treatment plant, etc.; and, b. to connect HSV water supply to the WAMA insured water source. We pay/have paid for this insured water source since 2016 but are still not physically hooked up to it….for all the $$ it has cost us thus far, let’s use some common sense and make the connection so it really is Insurance!
- Proposed Option #4 utilizes “Dedicated Interest-bearing Escrow Accounts”. They are actual savings or money market accounts at a selected banking institution that are tied to legal documentation that specifically spells out what the funds can be used for, who controls the funds, and how they are controlled. The “who” would include a Bank Trustee plus 2 very particular signatures for anything outside the scope of the specific line items and correlating chart of account entries that are in the Approved Budget. This creates the “Checks and Balances” we no longer have in place inside the POA. A Dedicated Interest-bearing Escrow Account is the next best legal instrument to a special assessment, yet is does not carry the same negative connotation/stigma, as pointed out by the Task Force in the last Town Hall. Because of the use of a Bank instrument and Trustee, this is a legally binding process. The “Bold New Policy” created by the Board is NOT.
Even though new opportunities and revenue streams can be created anytime, and should be as part of a solid strategic plan for the Village (something we need desperately); the funding for this Proposed Option #4 initially comes from the following areas:
- Our Revenue over Expenses (before Depreciation) was over $14 Million at the end of August, and will be greater by year end. We will most likely never be in this position again. For that reason, we need to take advantage of this opportunity and extract $12 million, putting it in the first Dedicated Interest-bearing Escrow Account to be used to fund Differed Maintenance and Capital Spending (what the Task Force refers to as “Shortfall” or the “Big Red Blob”) at $2.5 Million for 4 years, and $2 Million in year 5 (2026);
- Non-Assessment Revenues, i.e., all other revenues which average 51% of total Gross Revenues annually;
- Donation and other similar programs – this is already happening, especially from those Property Owners that feel they could be giving more to the Village. They often make donations over and above their assessments and other fees annually or monthly;
- The Task Force’s Buy-in Fee revised (decreased);
- The Task Force’s Utility fees revised (decreased);
- The Task Force’s additional Amenity expectations;
- Unimproved Property Owner REGULAR Assessments;
- Improved Property Owner Assessments:
a. DEDICATED INTEREST-BEARING ESCROWED Assessments
b. REGULAR Assessments.
Please examine and scrutinize the 7 pages of tables and charts carefully. Hover you mouse over the screen to page up and down to see them all. Pages 3-7 are supporting data to the Full Formula on page 2. Page 1 is the Resulting Assessment Breakdown for Proposed Option #4. Please comment below, or contact me at mgmermel@msn.com or call 312-925-2020. I would be happy to hear from you.
If after full examination you believe as many already do, that this is “A Better Way”, please help to encourage and implore the Board to reconsider and adopt the Proposed Option #4, re-vote and facilitate! I have offered my time at their convenience to set up the accounts and procedures – including processes to access funds, confer with Rose Law as needed, as well as create parameters for the Dedicated Interest-bearing Escrow Accounts.
HSV – A Better Way – It’s Never too Late to Do the Right Thing Full Spread Sheet* * *
Thank you for reading. If you like, please comment below. We love to hear your opinion, but comments must be made using your first and last real name, or they will not be accepted. If you would like to submit an article for publication, please contact us through this website. Be sure to bookmark this website.
Geraldine Thorn
10/18/2021 — 10:57 pm
I agree, I have already sent in my ballot with the “against” vote.
Let me know what I can do to help with a “Better Way”.
Betty Shynett
10/19/2021 — 5:00 am
Wow!! Threats, coercion?? Had not heard about this…was assuming there was no dissenting among board members or POA on this issue. My mistake assuming 🙄😟. Thanks for the new info presented in ‘Vote No’.
Susan Posner
10/19/2021 — 8:29 am
Another thing overlooked that other associations I’ve encountered do is charge lake access on properties lakeside, that is basically a built in luxury feature the rest do not have. Those lakeside properties have docks and access from their private property. Florida associations do it with their numerous lakes and coastal properties. Tellico charges lake access to those on their lake. Whether it is applied as lake access fee or dock fee matters not, since there is a need to find additional revenue seems a fair way to get that. Also those streets that have golf cart trail or butt up to fairways (those owners walk off their property right onto golf course; it’s been witnessed) add a golf cart trail fee, as that is an additional built in other properties do not have.
Also consider you could have a HSV umbrella with different assessments under it(you did the two tier lot vs house outside of Declaration) If developer is no longer developing(has that been established?) the Declaration should be changed to reflect this. History to consider; Garland county was the original part of the inception of HSV 1970-80’s it is fully developed like an HOA and considered modest homes today. Saline county land came about after in 1990-present and was developed differently from Garland as you can tell exploring, 6 of 9 courses clustered that side, within stone entranced neighborhoods, brick luxury homes, not seen on the older Garland side. CCI Inc. developing spanned 3 generations of Cooper family and buyer too. This differing developing style actually contributed to division we experience today of east vs west. I have brought up these things in past to consider, pattern of board and committees has been to ignore both ideas and complaints from all owners, again based only on which side mind set.
Vote “NO” and take more “task force” time to consider a special assessment before a permanent and consider things as I previously mentioned. Peace.
Lloyd Sherman
10/19/2021 — 8:33 am
Assessment increases for INFRASTRUCTURE should be based on specific projects to be completed as they happen as a SPECIAL ASSESSMENT.
You should probably pay attention to the amendment to the policy creating a definition of what the “Super Majority” is and will be. Under the policy change scheduled to be voted on this week, A “Super Majority” will be 5 NOT 6. As most boards vote in lock step, this is NOT the protection that is needed for ensuring future boards don’t squander assessment increases.
Also, please pay attention to the fact that the 2022 budget is authorizing management to increase compensation by $3 MILLION over 2021 actuals.
While we need an assessment increase for INFRASTRUCTURE, this is not the right way!
Gina Sherman
10/19/2021 — 10:45 am
I agree!! I also think everyone in the village needs to read this before they vote.
Glen Gaboury
10/19/2021 — 11:49 am
Thanks for your time and effort! There is a better way. I voted no for option 1
Marcy G. Mermel, CCIM, CAC
10/19/2021 — 2:37 pm
Thank you for your thoughts, support and additional insights.
I am at the ready to assist the board in anyway I can to put Option 4 into play should they need it now or in the future. This is a marathon, not a sprint. It would be grueling for the Village to go through this every 3 years.
Special Assessments is a legally binding instrument but the Board and FRATF made mention they were frowned upon by prospective new buyers. I did research that and although very subjective, I would concur.
That is why Option 4 uses Dedicated Interest-bearing Escrow accounts with a institutional Trustee – This would be the closest thing to the security of a Special Assessment I can find.
Clint Blackman
10/19/2021 — 3:03 pm
The major “draw” of our Village is our golf courses. Sadly they are not producing the revenue they once did. So we either pay a little more for all our amenities or we must raise our golf course fees and other services. To make our golf courses pay to a break even point you can expect to pay over $100.00 for a round of golf. Is that what you want? We are blessed with a beautiful place with dozens of sports to play. We either pay $10.00 more a month for all of our amenities and our security services or we eventually go bankrupt like Bella Vista. Take your choice…. I’m voting Yes to keep us stable for our future.
Tom Blakeman
10/22/2021 — 7:24 am
Implicit in your example is the idea that HSV is just a large country club. It’s not and never will be. It was never intended to be either. The problem is that we way overbuilt golf courses and do not attract, in fact do not seem to want, general public play. The solution is better marketing to attract outsiders to want to come in from Little Rock or wherever and fill those tee times with rates higher than properly owners pay but still a great value for their money.
Susan Posner
10/20/2021 — 4:23 pm
Golf as a draw, that is in eye of the beholder and no two people see alike. Golf is not included nor is any amenity in your assessments fees, so is not a draw to buying nor moving into HSV.(owner discount benefits only if you play all year round daily) HSV allows public to pay to use amenities as well without paying monthly POA assessments. Amenity use is a separate fee outside of assessments. So buyers will look at assessment costs as well as amenities and see golf is not included, nor any other amenity. Bella Vista didn’t go bankrupt, nor is this place, their POA still exists for amenities with fee and paying off special assessment of an illegal BOD driven 4million stump dump. They chose to become a municipality for roads, police, fire(infrastructure) costs away from their BOD who repeatedly violated their own policies, for a more equitable property appraised tax based way and property owner budget voting vs all in a BOD led private inequitable one size fits all assessment and budget structure. They too got tired of lower priced homes paying same as higher priced homes, BOD that violated fiduciary duties over, misleading and unfair BOD only vote on budgets…wouldn’t any rational minded person?
Larry J Welsh
10/21/2021 — 12:45 am
The proposed dedicated interest-bearing escrow accounts with an institutional trustee makes perfect sense to ensure dedicated application of funding to its intended purpose. I had thought bond issuance would be the only way to accomplish that, but this mechanism may prove to offer the same results with bonus features of interest income rather than interest expense. I do however continue to take exception to the disproportionate weight of all increases falling to improved lot owners. By the example given, the 10 year increase for unimproved is just over 18%, whereas the same period change for improved lots is about 213%! Notwithstanding one’s opinion of golf and the support of the amenity by non-resident owners, this difference is grossly inequitable and should be refactored to reduce that severe rate of increase differential. On balance, I think Lloyd Sherman is on the right track regarding special assessments (above). If that approach is combined with the use of dedicated escrow accounts and a more equitable rate increase schedule for each class applied, many issues could be resolved and the current disharmony reduced to a mere dull roar.
Marcy G. Mermel, CCIM, CAC
10/21/2021 — 3:01 pm
Hello Larry – thank you for taking the time to get your thoughts on here.
I could not agree with you more about 2 of you more major points, however
1. My original model had special assessments in it, but the board and task force absolutely unequally refuse to use them. they both believe that there is a stigma that goes along with the term that would limit possible new residents coming in. that is why I had to go with Escrow, and using a trustee creates a legally binding instrument, just like a special assessment.
2. the abyss between res and non res…..the “Two-Tear”, which I fought side by side with the best of the villagers when it was happening, is unfortunately a reality that is here to stay for ever. My first model I sent to the Task force eliminated the two tier through an Ad Numerum application, but the rose law firm allegedly shot it down in the end…..long story, let me know if you’d like the details, but nonetheless, it is here to stay.
So the balancing act is: do we have the majority of lot owners pay much less, or enforce more $$ and they quit paying altogether?
History has shown us that if we go beyond the “tipping point” by a penny, we loose big time on the assessment collection end.
I literally have applied for the Land Management specialist position at the POA because I have a plan that addressed all aspects concerning land, collections, and a program addressing those going into the “unproductive zone”, etc., and am waiting to see if I can get an interview.
So short of really being allowed to officially help, this is all I can do.
Marcy G. Mermel, CCIM, CAC
10/22/2021 — 1:30 pm
Clint – glad to see you on here, but it doesn’t look like you actually read the article or looked at the spreadsheet.
Everyone knows we need an assessment increase, it is the “how” that we are all concern with. You said in your email to me a few days ago that “this time we will all be watching” – Am I to understand you are still a lot owner and have not built or moved here yet? I don’t know how long you have been a property owner but I know you were on the CMP committee. I would have expected that you would have been “watching” that time – I believe the rest of us were, which is why the declaration changes did not take.
And, those of us who were watching BUT COULD NOTHING TO STOP THE SPENDING LAST TIME are looking for ways we can control the rogue spending habits of those board members or GMs that “drink the Kool-Aide”.
With an absolute refusal to use Special Assessments, I am offering Dedicated Interest-Bearing Escrow accounts with Bank Trustee to be used instead.
I am also offering a steady 10 year plan to increase assessments annually, not stopping every three years to fight about this again, and again…we want a stable, thriving community.
Marcy Mermel
10/25/2021 — 11:29 am
Mr. Blakeman, let’s be clear you were referring to Clint Blackman’s comment, not mine, thank you.
I am disgusted by the “2-tear” but that is the course set back in 2013 and I did propose a model that rid us from it fair but completely and was turned down.
AND, there is always the option that Mr. Blackman is welcome to overpay his assessments at any time and the POA will gladly accept the $$$$.