This report is Part 2 of the HSVPOA Board Meeting on February 23, 2022. In Part 2, the Board announces its decision regarding whether to uphold the suspension of Kirk Denger. Mr. Denger is a Board candidate in the upcoming election.
As it will take me a while to transcribe the first meeting and this meeting is very short, the decision was made to publish Part 2 first. This is transcribed to the best of my ability and is deemed but not guaranteed to be close to what was said.
Omohundro: Okay, the Board did have an Executive Session, and actions were taken. So Katrina [Heap] will read what happened.
Heap: Yes sir. During this morning’s Executive Session, Director Belair moved to suspend the membership privileges of Peter K. Denger from all Hot Springs Village Property Owners Association-operated amenities, including the deactivation of remote gate cards, if applicable for a period of 30 calendar days.
Heap: Director McLeod seconded the motion with the motion carrying and approved unanimously by the remaining Board Members.
Heap: That was the only action that occurred during the Executive Session, which commenced at 10:12 AM this morning.
Omohundro: Any other questions, comments? All right, I guess we’re…motion to adjourn.
Jones: I move to adjourn.
Omohundro: All in favor say, ‘aye.’
Board: Aye
Transcription by Cheryl Dowden, February 23, 2022
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Steve Owen
02/23/2022 — 1:51 pm
Since Mr. Denger’s suspension is for 30 days, will he remain eligible to run for the Board of Directors and to serve if, God forbid, he should be elected?
Elizabeth H Berry
02/23/2022 — 1:52 pm
This does not pass the stink test. Again, a unanimous vote. There was no one who felt that this whole mess has gone too far? There were no questions or statements? Everyone felt that this action was appropriate? No one stopped to think about anything other then Mr. Denger caused ALL THIS nonsense just to put his name out there to get on the board? He caused a POSSIBLE dangerous situation with the backup of cars for thirteen minutes. Just driving in the Village I have seen many actions that COULD cause dangerous situations. Driving up on my backside because they were in a hurry. Possibly dangerous? I think so… I don’t agree with Mr. Dengers methods, but I do agree that he felt he had a good reason for his actions. Was it a situation to impose this penalty? I think not. Was there an underlying reason for all this ado? I think so.
Melinda Alvord
02/24/2022 — 12:20 am
Perhaps you need to ask Mr. Denger about his “underlying reasons for all this ado”.
Elizabeth H Berry
02/25/2022 — 2:59 pm
By repeating my statement means that you can not comprehend any “underlying reasons for all this ado” makes you blind to facts that began this “ado”. At this date in time the “underlying reason for this ado” has been accomplished. Mr. Denger cannot run for the board.
LLOYD SHERMAN
02/23/2022 — 2:06 pm
As I read what was written, it appears this suspension is from amenities and remote gate operations, which means he will enter through the manned gates but he should still be subject to the same rules the rest of the community agrees to follow. As it is a 30 day suspension, one assumes his name will still be on the ballot as I saw nothing that indicated that was touched.
Tom Blakeman
02/23/2022 — 2:33 pm
When is the board election? Much of the public discussion and speculation to date is that he would be prohibited from running if suspended.
Scot Decker
02/23/2022 — 3:20 pm
Ever try to come in the west gate at 6pm on a Friday? Back-up to 7 because the Sticker lane is already closed and can’t let people pull over while trying to figure out who is letting them in.. So, He can’t use the unmanned gates. What amenities does he loose access to? Since we pay for everything we use don’t see what good it does.
Melanie Clark
02/23/2022 — 5:09 pm
He caused a commotion because he didn’t think the rules applied to him. I’m not voting for him.
Mark Bentz
02/23/2022 — 6:05 pm
I watched the entire appeal process. It is my belief that when he had his daughter stand up and spell out cuss words, well that more than crossed line. I don’t believe I am alone in thinking perhaps Child Protective Services should be called. It was a stress filled meeting for all whom attended (and for us viewers watching from home). I thought it was awful that he brought his underage children in the first place! What on earth was he thinking?
Tom Blakeman
02/23/2022 — 8:15 pm
Besides having his gate card deactivated what exactly does a suspension of “membership privileges” really mean? For example, if he wanted to paddle a canoe (with or without a POA sticker) on one of the lakes, could he just pay the voluntary “guest fee” at the drop box by the boat ramps? Is he somehow prohibited from talking a walk on one of the trails? Last I heard anybody can play golf here if they simply want to pay the non-member rate. Not sure if he plays golf or anything else. Is there a fine or something that goes with the suspension?
Melanie Clark
02/23/2022 — 9:57 pm
Membership privileges are anything that require a member card to participate. He won’t be able to enter the unmanned gates because the card “won’t work.” I don’t know anything about canoes, but trails are open to anyone allowed inside the gates.
Gate guards don’t just take folks’ word that they live here. They need proof. That is why we hired them.
Walt Morrison
02/24/2022 — 1:46 am
I perceive this entire situation to be a case of a total lack of common sense and the hearing was a farce because It would appear that Denger’s valid point was completely missed by the Board, a point the Board should address. As far as his daughter’s testimony, it is very likely she hears the language at school routinely and can provide a good example that when laws, regulations, policies, etc. are not followed as written, they need to be addressed. It is interesting that the comments would suggest that the point Denger made apparently has been missed by those commenting. I would not have taken the approach Denger employed in his (apparent failing) effort to drive the point home but it is a good one and merits Board efforts to address it. Yes, he will get my vote – every board needs at least one maverick to generate thoughts “outside the box”. However, it will probably be a wasted vote and he should have waited till after the election to address the issue because voters will vote on emotion rather than the issue he addressed.
Mary Link
02/25/2022 — 12:00 pm
I think most get his point. They just don’t agree with it or his methods.
Susan Posner
02/24/2022 — 2:31 am
Was not present at hearing due to freezing rain stuck in that so unable to attend. However the most intelligent and equitable thing to have been done is impose a $10 fine and give a decal as receipt. It’s hard to dispute videos of occurrences. 26th video guard did not have Kirk pull his car to the parking spots forward of booth for safety and resolution, was on the phone most of time addressing other, left his car to direct traffic and did not ask for his driver license as the police did to verify his address with POA system. 24th guard certainly violated any policy against intimidation or rude harassment as seen and heard on video. DECALS DO NOT verify property owner is in the car; the numbered decal is issued/recorded in your owner account for car(s) to go in decal lane and that car when seen in here is registered with a property owner account. That’s how the owner of rental property gets decals for their tenants cars. Only POA photo id with number and bar code is a property owner and residing family proof which should be in your wallet or ability to show when you are at facilities, common property or amenities in here. Also to prove your property owner for discounts of any paid amenities (magnetic strip does nothing but open magnetic unmanned gate) Visitors/guests get no discount privilege, aren’t issued such cards so they use driver license and vehicle tag to get a pass. Visitors/guests can access common properties once in here, pay full price for paid amenities. Owner is your property address and name(s) that defines property owner memberships in the system, so drivers license with that address always can be cross checked in system for current property owner and residing family. Have to say on documents Declaration w/protective covenants trumps articles of incorporation which trumps bylaws and policies. Bylaws and policies/rules are frequently changed and by board, but articles of incorporation and declaration w/protective covenants can only be changed by property owners vote and only every 7 years. Best practice should be stick to the declaration w/protective covenants and articles of incorporation more rigidly and try to not change bylaws nor policies so much. Might want to stop staggering board with 3-2-2(have never seen association stagger nor with such frequency) Too costly to have elections every year for board members. We have a recall provision for board members in the declaration, and no board should remove another elected board member without very specific reasons not this blank 2015 bylaw of “interfering with management” that leaves shallow interpretation, similar to this hearing showed. Don’t lose fact it is property owners who pay for workers, contracts, management, and most all in here including cost of a car decal to be made. Board serves at the favor of all property owners, committees are owner controlled, employees are compensated people regardless of owning property or not in here. We are non profit status and not to be a profit status, under tax rulings, so must be managed and directed under that status. Why it is good idea to join a HOA/POA educational organization to help in running a HOA/POA association. As for candidate in election after being accepted as member in good standing, that is owning property, paying assessments. Privileges are discounts on paid amenities. Non compliance issues have fines, similar to late fees. Kirk I can attest is a good father and his kids are great as I have had privilege to know his kids while substitute teaching for awhile(I am an Arkansas certified Mandated Child Reporter) All this is my take on and offer for consideration only. Hope we can see we all are associated living here and should carefully ensure a unified,healthy, caring community. Thanks
Karen E Bump
02/25/2022 — 5:29 pm
I think the board did the right thing, but I am uncertain about their process, and whether the GM had the right to suspend his privileges in the first place or whether the board should have. I could not figure out what Mr. Denger’s point was, he talked in circles. I do agree with the gentleman above that it was wrong for Mr. Denger to make his poor daughter stand up and spell curse words in front of all the people. And why were they not in school?
But what I care much more about, is that in the video the second policeman came up and just waved Mr. Denger through the gate, instead of having him pull over and discuss the situation and what the proper process should have been. Instead he emboldened Denger. That is the good ol’ boy system – it should not exist and that policeman needs to be disciplined for doing that. It seems Mr. Denger enjoys some privileges impersonating a board member, which is wrong as well. I knew he was an antagonist when on the board, and I was even on his side a few times, but this behavior and deceit is deplorable.