Most of you are aware of the recent discussion taking place in our neighborhood. Let's review the facts:
1. The HOA Board was informed that a preschool is being operated in one of the homes in our community.
2) The Board, after much consideration and research into similar situations in the Treasure Valley, started by informing the business operators/homeowners that the CC&Rs prohibit the use of residences for commercial purposes,
3. The Board made the majority of the neighborhood aware of the situation via email for the sole purpose of "feeling out" the neighborhood. Their intention was to get an very informal idea of where our neighbors stand on the issue of commercial business use. The Board chose to inform the community via email because of the money saved on printing, stuffing, and postage, while still in this very preliminary stage. This was not an official vote and the Board did not make any decisions as to the future of this issue. The Board did not suggest an ammendment to the CC&Rs.
There were many emails back and forth on this topic and many of you stated your concerns clearly and made your opinion known. Once the 15 day comment period has expired, an informative letter will be sent to every homeowner, including the date and location of the next community meeting and an agenda for that meeting.
Discussion may continue in the comments section of this post. If you would like to post a comment, simply type it into the box labeled "Post a Comment" directly under this article. You will be able to read other's comments and post your own. Don't forget to include your name.
Please remember that we are all neighbors, and while our definition of "commercial business" may differ, we should keep the discussion to the point and make no personal judgements of other's opinions.
My name is Frances and I am the owner of the preschool. I thought I would go ahead and post a comment up front to make everyone aware of some facts about our school.
ReplyDeleteWe moved here 6 months ago from another subdivision in SW Boise. In our previous home, we started a preschool for our grandchildren and later a few friends asked if I would also teach their children. I agreed.
When we decided to move into a larger home so that we would have room for family visitors, we were delighted that the home we found also contained a little extra space for our preschool.
We did not have the CC&Rs in our possession when we made the purchase, so we were unaware of the restrictions at first. It was admittedly naive of us not to think about looking into it.
When the CC&R rule was brought to our attention, we still did not think we were in violation because we understood that there are numerous businesses currently being conducted within numerous homes in the subdivision.
While many "wrongs" do not make a "right", our understanding was that as long as we do not cause problems with the "peaceful" nature of the community and with traffic, we would be okay to continue the business.
We have offered to have our preschoolers arrive on a staggered schedule in order to prevent traffic problems.
We have offered to change the time of drop off and pick up.
We have decided not to allow the preschool children to use the common area at all.
We hope to provide an inexpensive Montessori preschool opportunity for (primarily) this community should the interest be there.
There will never at any time be more than 6 children attending this preschool at one time.
This preschool keeps to the public school schedule with the same holidays and summers off.
I have even offered to put a hold on applying for a license (because a license is not really a requirement, but an option).
While the license states that it is for an in-home daycare, that is not the case. It is the only label they have for it. All preschools which receive licenses are licensed for "daycare". I do not want or need to increase the numbers of preschoolers in my classroom, regardless of what a license would allow.
I would like to be in compliance with the HOA rules. Therefore, I am hopeful that the CC&Rs can be changed in such a way that the peaceful nature of our subdivision can be assured without taking away opportunities for people to earn a little extra income in their homes.
I teach because I love teaching. The Montessori method of early childhood learning is the most impressive method I have found. I became trained in this method and am a qualified Montessori teacher.
One of my main goals is to provide a Montessori education to children who would otherwise not have the opportunity to obtain one due to the high cost of Montessori schools in general. Therefore I charge very, very little and would not be able to afford to lease a space elsewhere.
I care about the neighborhood and I hope the concerns people have expressed--on both sides of this issue--can be resolved with cooperation, compassion, forethought about what the future might hold, and a willingness to try to see both perspectives.
To The Community,
ReplyDeleteIt's comforting to watch and believe others will intervene to insure the good of your entire community will prevail. NOT THIS TIME... YOUR VOICE is needed and you can't sit on the bench watching while your community is transformed into something it was never meant to be!
It is very important for more people to understand what is going on in our subdivision.The community needs to speak up because there are a number of people who have an agenda and it's being run like it's their own private community.They are not fair and unbiased. There are unfair practices in how people are treated and others are being allowed to operate on their own regardless of the CC&R's.
There are a number of people who are way behind on paying their dues and, in fact, there is one person who has never paid their dues and apparently nothing has been done about any of this.
I do not believe that it is appropriate to have a picnic in the park using HOA fees to pay for it, but there isn't enough money for postage to notify us of important business such as HOA meetings. The HOA meetings should not be held in the park before the picnic or at any other time.I personally could not attend the last picnic so I threw out the flyer announcing it, not realizing that they were also announcing that the HOA meeting was being held before the picnic.This was a very inappropriate way to notify the residents of a meeting and I' am sure there are more appropriate venues for the meetings, such as a school or other neutral indoor facility.
If this community was run in a more business-like manner we would have access to the financial statements and other important information online at all times to create a knowledge of understanding which is important for the health of the community.
A lot of other HOA's have all their business online such as minutes of all the meetings, financial statements etc.
During the summer when we have water rationing, it is not necessarily because of a water shortage, it is because some people have not paid their water bills and it affects all of us.Why would someone let all their landscaping die for such a small amount of money?
There are a number of foreclosed houses in the community and all the landscaping is dead.Maybe they could have used some of the party money to pay the HOA gardeners to do a little work on the yards or try to get the bank that owns the property to take care of the landscape.These houses might even get sold if they looked a little better and there would be more dues in the coffer.
GET INVOLVED NOW WHILE YOU STILL "HAVE A VOICE"
Regards,
Jane Lewsader & Brad Winters
Brad,
ReplyDeleteIn your response to my email you hid behind the First Amendment. I didn't say it was against the law. I said it was inappropriate, and I stand by that. You are welcome to send any correspondence to anyone whose email address you have collected YOURSELF. It is inappropriate of you to use email addresses you have obtained through community business to spew your negativity and ignorant opinions (and they are only your opinions and have NOTHING to do with facts).
It's clear you don't fully read anything. The flyers and newsletters informing the neighborhood of the community picnics have always included notice of the community meeting to be held at the same time. Financials are always reviewed and voted on at those meetings. As for spending money on community activities; what is your problem with getting to know your neighbors in a fun and family friendly setting? What is your suggestion for getting a majority of neighbors to actually attend a meeting?
I noticed you didn't have a problem with the cost of the picnics until this issue of home-based businesses came up. Just because you feel the current Board acted in a way that is in opposition to the CC&R's, keep in mind that the Board's actions pertaining to violations to the CC&R's are between the Board and the violator. It is not the business of everyone in the neighborhood. You have no idea what action, if any, has been taken, do you?
Cite your "biased and unfair practices" concerning the running of the neighborhood. Are you referring to anything specific, or are you regurgitating hearsay and rumors? What is your solution to collecting dues from people, besides the current policy of turning them over to a collection company? Do you suggest a witch-hunt, or possibly setting their lawn on fire? You list problems that you suppose the Board should be able to fix with a snap of their fingers, but you have yet to offer a single viable solution.
Let's talk reality: The members of the Board VOLUNTEERED their time to help keep the community a nice place to own a home. In most instances they have never been called upon to make a decision that will affect the lives the residences of 110 homes. Sometimes people make mistakes. Fortunately none of our Boards have made a mistake that negatively affected these 110 homes. Sure, the current Board's recent actions caused a bit of an uproar, but what really was the effect on the neighborhood as a whole? Have our property values been negatively affected? Did anyone die because the Board chose to ASK the neighborhood how they felt about letting businesses be conducted in the privacy of our individual homes? The fact is, there is no precedent for the current situation and it’s possible that the Board was unsure how to proceed. Is polling for opinion against your moral code? None of the Board’s actions resulted in a negative impact on our community. But your actions, by trying to incite a neighbor-against-neighbor environment will prove to be very detrimental to the overall atmosphere of the neighborhood.
As to your problem with the location of meetings: What place is more neutral than the park in our own neighborhood? How is that a conflicting location? We've had meetings at Lake Hazel Elementary, did you attend? Have you ever attended a community meeting, or were you "unavailable" for those as well? It's very difficult to obtain the quorum that is required to get any business done at a meeting. Perhaps you can volunteer to knock on every homeowner's door (including those who do not reside in the community) to ensure they will attend the meeting or send their proxy in. That would actually be a helpful action by you.
Really, what have you done to make this community a nice place to live? Your ranting emails and sneaky actions have not helped in that regard. Propose something helpful or stop whining.
Shelley Lundstedt
Shelley,
ReplyDeleteAs the wife of the HOA Board President, when you speak, you are the voice of this community. Do you feel your conduct is representative of this community? Do YOU really believe calling people clueless and ranters is constructive and acceptable? Are you really the right people to be leading this community? I will leave the conclusion to those that choose to read your comments below, and if they choose they can contact me directly.
It was the boards decision and action that released the emails of the community to the public domain for the purpose of communicating with the community. By doing this the board also opened the opportunity for people to respond using those emails, until the board decided now they don't want email used anymore. Does the community not have a say in what happens in the community while this board is in control?
I did make a suggestion, there are CC&R's and they should practice using them. The board should use "due care" to execute their duties as they were meant to be, not as they choose too.
To the Community,
ReplyDeleteJane and I have written and delivered a formal complaint regarding the Montessori School to Law Property Management. We have asked them to enforce the no "commercial Business" as written in the CC&R'S. We want to urge all members of the community who are opposed to a commercial business in our subdivision to also write a formal complaint to Law Property Management.
This school may not be bothering you as you don't live next door or across the street, but the future may hold surprises down the road if you don't pay attention now.
I believe the peace of our neighborhood will be jeopardized if we don't follow the important tenants of the CC&R'S. I believe most of us moved into this subdivision expecting the CC&R's would protect us from such behavior. I also believe most of us know the difference between a home office and a commercial business. Please read your CC&R'S and consider taking the appropriate action now!
Our letters are attached and you may use as a template if you wish.
Regards,
Brad Winters & Jane Lewsader
February 10, 2012
Law Property Management
940 N. Cole Rd.
Boise, ID 83704
Ladies & Gentlemen of Law Property Management:
This is my formal complaint regarding the Montessori School located at 7985 Rafael in the Carmichael Subdivision. This school is a flagrant violation of the CC&R's as noted below.
SECTION 5.01. Use Unless otherwise specified in a Supplemental Declaration covering a particular (Lot(s) or parcel(s), Lots shall be used only for residential purposes and such uses as are customarily incidental thereto, including, but not limited to, a home office provided that such incidental use does not result in a consistent increase in traffic and demand for parking and Common Area. As used herein and elsewhere in this Master Declaration, "residential" shall mean unrelated persons, including guests of the principal Occupant(s), which guests reside therein on a temporary basis. Notwithstanding the provisions of S67-6530 et. seq. Idaho Code, as used in this Master Declaration, "residential" is not intended, nor shall the same be construed, to include the use of Lot for the operation of a shelter home for persons unrelated to each other or unrelated to the Owner or Occupant.
SECTION 5.13. (Commercial Use Prohibited). Unless otherwise shown on the Master Plan for the property and specifically permitted in a Supplemental Declaration, no lot shall be used at any time for commercial or business activity, provided, however, that the Grantor or persons authorized by the Grantor may use a Lot(s) for development and sales activities relating to the Property, model homes or real estate sales. As used herein, "commercial or business activity" shall not include the use of a Lot for an incidental use as describe in Section 5.01, above, or the rental by an Owner of a Lot and the Improvements thereon for residential purposes. The use of a Lot for a shelter home, as the same is defined in S67-6530 et. seq., Idaho Code, whether or not operated for profit, shall, for the purposes of this Master Declaration, be a commercial or business use.
This school does not belong in this subdivision and a Notice of Violation has to be sent to this business. This business, according to the CC&R's needs to cease operation immediately.
Regards,
Jane Lewsader
As a former president of our subdivision I am very concerned about how this is all following out. I know what our board members do for us. We need to support them as they try to resolve this issue. Over the two years I served I saw many of our community members volunteer countless hours. The board members put in countless hours and I know they are continuing to do the same. During my tenure I personally volunteered to help paint the fence, fix the fence, replace the broken pump, repair the water fall, put up Christmas Tree lights, delivered flyers to every house (my kids hated this) to save money, put signs up on the mail boxes, helped pay for a broken pump, attended countless meetings, hire a new property management company, a new lawn maintenance company, fix broken sprinkler heads in the park, took care of lawns for vacant properties, contacted homes about home violations, helped fix violations, and worked payment plans for HOA members who lost their jobs and couldn't pay. I only list all these events to show what our board does for us. I am sure little has changed since my tenure. I do know I am not the only one who has put in countless hours to serve our community. I remember the day our fence blew down and I was called. When I pulled up with my truck to begin fixing the fence our community poured out to help. When the fountain quit working and we asked for help to fix it our community rose to the occasion and volunteered countless hours. Our community member’s plant flowers every year in the front entrance way, did you notice the Christmas tree lights? Community members put out signs for the community garage sale. We have concerned members of our community who have served countless hours to support each other. We definitely have to get involved to make this a great place to live.
ReplyDeleteSecond part of blog:
ReplyDeleteI know why many of our decision were made. Our community does not attend HOA meetings! We met at Lake Hazel grade school two years in a row and could not get a quorum, so the board decided to do the picnic in the park. Our best attendance has been here in our own subdivision. The cost of these meetings is minimal. Members of the community bring pot luck dishes while we only paid for the meat and ice cream. Remember there is a cost to rent an outside location so the money is saved and put towards our community. Members of our community provided games, provided equipment for the movie night (computer, projector, homemade screen), and actually help run the meeting. Bottom line the attendance went up considerable; members met members and became involved in our community. I suggest we continue this venue.
We worked feverishly to recover HOA dues. Multiple options were presented and implemented. Many homes never pay because they are in foreclosure and the bank will not pay the dues. We were able to collect dues from several homeowners when they sold their homes. I don't feel this issue is going away anytime soon. The board shouldn't be blamed for this.
The current concern that has brought this all about: I received a letter from the city reference the day care and was told that all our community was notified and had a right to respond and voice their opinion. I thought this was a nice thing and didn't feel it would affect or hurt me or our community. Many subdivisions have schools built into their locations. Since the biggest concern is about having a commercial business operating in our subdivision I am still looking for someone to define a commercial business. I think it means a business that has a sign advertising their business, has multiple employees and is making a product to sell to the public. I would not be for this type of venue. I think we need to redefine in our CCR what "Commercial Business" means then put it to a vote. Our current board has suggested this and I support them.
I am grateful for all the community that supported me while I served, I am thankful for our current board. They have a difficult thankless job. Honestly after this escapade I would not expect them or anyone to volunteer again. Every home owners meeting we have had a difficult time getting volunteers. I can imagine it will not go well this year unless we as a community pull together and support. Please support our board and each other. We need to pull together as we have proven we can in the past.
I realize that the board has done many things for the community, however, trying to push the Montessori school on us is not a move in the right direction. I believe that the majority of the residents here do not want this school and the problems that would arise if it is allowed. You are comparing apples and oranges.
ReplyDeleteCommunities with schools are for the purpose of free service to every resident and were in original community planning. This school is not free, not exclusive to the community, and not for all residents. It came after all homes were sold and was allowed to operate with the knowledge of the board and without the community's consent or involvement, until now. The board has clearly chosen to advocate and support the school's existence without proper notice, review, or consideration of its' impact and risk to the community both physically and monetarily, not to mention the need to review and potentially increase the insurance coverage to protect the community.
Schools in communities that were included in the original planning are on a large parcel of land away from the homes, with enough area for parking and loading and unloading the students, not on a residential street in someone's home where it would be creating more traffic and noise. Also the people purchasing a home in that subdivision would know about the school before they bought a home there.
I believe that a commercial business is one where clients are coming and going during the day and the owner is being paid for their services. You don't necessarily have to have employees, a sign, a product or advertising for this to be a business, a service qualifies as a business. Parents are bringing students to the house on Rafael in the morning and picking them up at noon while other parents are bringing in another group of students and picking them up at 4:00. Ms. English is being paid for her services. I really don't see how you could not consider this a commercial business.
A commercial business is certainly one that needs to get a accessory use license from the county to operate, and is classified by the county for large business use as this business is. When was the last time an Amway business owner needed a county permit that had a road assessment stating over 40 additional vehicles will come to the community daily because of their business?
When boards lose their way and advocate their personal views and agenda's that's when they do not serve their community.
Jane & Brad
Jane and Brad, thank you for your continued concern for our community.
ReplyDeleteOver the last few weeks, after I sent the original email, I sat here quietly watching the the direction this issue was moving.
I have let everyone express their opinions freely (even my wife) without comment from me. My intent from the beginning, was to gather some opinions from the community. Some of these opinions were based on false assumptions.
I would now like to set the record straight on some of your assumptions. The board has not changed any CC&R's and we don't intend to. The board is not trying to push the Montessori school on the community. The board has issued a violation to this address.
As with all complaints, the board has to take the time to do some fact finding. We investigate all complaints before issuing violations. Because we are a Board of volunteers, this could take some time as we all have other jobs and families to attend to. Be assured we are acting in good faith and trying to do what is best for our community.
As for your recent request for information sent to Law Property, (thanks for going through the proper channels), you will be receiving an email response.
If you need further clarification, please don't hesitate to request a meeting with the board. I would be glad to meet with you personally to address any other issues you may have with the actions of this Board.
Mike Lundstedt
Mike,
ReplyDeleteI would like you to express your positions and actions freely in this blog forum. I prefer an open discussion for all Association members to see including the email from Law Property Management I’m to receive, instead of a private meeting. That way everybody else will know what to expect from this board and yourself when requesting documents.
Whatever the boards’ intent, the actions and results have done more to hurt this community then help or heal it. The divide is greater than ever.
Will you state publicly why the need or belief exists to withhold details about the boards’ actions, decisions and access to information, all of which each member of the association has a right to see, review and know. Why people are being denied access to documents that should be available to any association member. Why the board has not answered direct questions regarding their relationship to the school owners and other reasonable questions. Why does the board withhold important facts regarding their actions when those actions must be made available to association members. If the board has issued a violation to the school, then that document should be available for review by all members of the association. I'd like to request a copy of that, too, and know what the board will be doing since the school continues to operate in violation.
I look forward to your response,
Brad & Jane
This comment has been removed by the author.
ReplyDeleteBrad,
DeleteI would like to take some time to offer you some constructive criticism. While you have an uncanny ability to voice your concern for the community, your lack of patience is hindering your ability to communicate in a clear and objective manner. Your actions and communication leave a lot to be desired regarding your intentions to this matter. Your actions appear as though you have a personal vendetta against the board and the Montessori. Why aren’t you taking up a personal mission on the other business activity in the neighborhood? Better yet, why aren’t you working with the community to better understand what is happening in the community and what your actions really mean to the rest of the community?
You’re persistence, while noble in your mind, has become intimidating and very disturbing. While you’ve complained that the board only gave a 15 day forum, you have not exercised the same consideration or patience toward the board to allow them time to process the feedback and work with the community. You claim that the board has an agenda and is being run as a private community, yet you fail to provide proof. I know that they do not have children the Montessori, so what is their agenda and why would they have it? You also make claims that this is dividing the community. While there are community members that have agreed with your stance on the Montessori, other than Jane, not one of them have stood behind you to publically support your actions once they voiced their opinion on the matter. You could learn from their patience.
What have you done to educate the board on your position? In all of your communications, other than citing two CC&R sections about business, you have provided no further CC&R sections to show that the board is acting inappropriately and outside of what is warranted within the CC&R’s. Again, they reached out to the community for input, not to change the CC&R’s. If you want to get the community behind your message, you should study CC&R’s, understand each section’s inter-dependency, educate the community and present a case that is intelligible and accurate. Your approach to the matter appears bullish and childlike.
You’re immature gestures; including copying and distributing blog posts just because you think you will reach bigger audience, will not warm the community or the board to your point of view. Why would the board or community state anything publically when they know that you will only continue to twist their comments and allow you to continue your tantrum?
While I think the community and the board can appreciate your enthusiasm and passion for the issue, if you continue to act this childish, the community might ask you to attend the Montessori to learn how to get along with others.
Sincerely
Jack
To the Carmichael Community 2/14/2012
ReplyDeleteMy name is Bill English.
I am sorry that my family was the instigator of this discussion regarding commercial business in the Carmichael community. However, I believe this discussion is very important to many in the community.
I believe the majority of home owners did not read the 33 pages of the CCRs until after they had purchased their homes and technically agreed to the CCRs during the closing. None of us had any input on what is included or excluded from the CCRs. We gave up our right to be kings and queens of our own castles when we signed the closing documents.
CCRs are a compilation of cut and pasted paragraphs dated back over 20 years, assembled by the community developer and his lawyer, not by those who live in the community. Unfortunately, the CCRs do not reflect the realities of today’s economy, when many members supplement their incomes by having a home based business. The CCRs include many ill defined terms, such as commercial business.
In a technical sense, if you are involved in any of the below innocuous activities in your home, you are in violation of the CCRs.
• Teach piano lessons or some other musical instrument in your home.
• Provide dance lessons
• Have product demonstrations, such as Pampered Chef or Tupperware, etc.
• Provide private counseling for pay
• Have employees who work in your home, or employees who check in at your home for work assignments.
• Cooking Classes,
• Etc.
Traffic is another ill defined term. According to a recent ACHD (Ada County Highway Dept) study of roads within the subdivision, the regular and peak usage is well below the designed traffic load of the roads.
The HOA Board, which we elected, can define these terms for the community. Obviously, there are commercial activities which need to be regulated or prohibited, such as those which create offensive noises or smells, etc. Community property such as the play area, tennis courts, picnic area, etc should not be used by commercial activities.
I, like most of you, was raised in a democracy. Blind obedience to rules, which I had no say in developing, or which are abnormally intrusive, and which allow a noisy few to demand enforcement of those old, ill defined, outdated rules, boarders on dictatorship. We need CCRs and bi-laws that reflect the realities of today’s economy and realities of life.
Let the HOA Board, which I remind you we elected, do their job. Let’s make recommendations as appropriate to have a community which is a joy to live in and raise our children in. Let us have rules which we developed and allows us to pursue those activities, which do not intrude into others’ lives, but bring us contentment.
Thanks for taking the time to read this information. I welcome your comments.
Sincerely
Bill English