Dear Shadow Creek HOA

Dear Shadow Creek HOA Board,

In response to your e-Mail:

The 2014 amendment of the Utah Community Association Act clearly stipulates in 57-8a-208 that…

(2) Before assessing a fine under Subsection (1), the board shall:
(a) notify the lot owner of the violation; and
(b) inform the owner that a fine will be imposed if the violation is not remedied within the time provided in the association’s governing documents, which shall be at least 48 hours.

Since I am not quite sure why the Board would send an email to Folks who have been on their Mission for a year in North Carolina rather than notify the owner of the vehicle being accused of ‘questionable parking’, per section:

8.6 Parking
Reference:
www.terratitle.com%2Fdocs%2Fccrs%2FFINAL53d687985bd4a.pdf

Joel TeelIMG_0328.PNG

Please allow me to retort.

57-8a-208 of the Utah Community Association Act (which from this point further will be abbreviated UCAA) The board must give notice, and then patiently wait at least 48 hours for the owner to rectify the issue.

Because the board decided to operate outside the law to in an attempt to impose an unlawful fine in a manner that could easily be construed as bullying and even extortion, I have no choice other than the Legal option. By claiming a Lien based on a parking fine that the HOA board believes it can collect without due process, I have no choice but to break this down to parade rest and call it what it is. Cowardly. The HOA has made the decision to completely ignore the Law, or is woefully ignorant of it. First, to dismiss the statute in the UCAA that contextually defines the time frame that your are required to provide an owner for a ‘violation’ to be remedied is foolish.The irony of it, came by way of a poorly spelled and barely punctuated e-mall. (Retained in its entirety for posterity) Not only did the HOA Board violate Utah State Law, they violated Article 9.3, and 9.4a of their own CC&R.

Reference: www.terratitle.com2Fdocs2Fccrs2FFINAL53d687985bd4a.pdf

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The email you sent contained threats of lien and immediate cash demands. It specified nothing of an opportunity to be heard, and nothing of due process. The UCAA mandates it. Even the CC&R that you expect everyone read and comply with even outlines it. It’s disappointing that the HOA Board doesn’t hold itself to the rules it is charged with enforcing. The Board either doesn’t understand them, or hasn’t read them. The Shadow Creek HOA board is most certainly not cognizant of Utah Law.

Behold:

Subsection 4 of 57-8a-208:

(4) (a) A lot owner who is assessed a fine under Subsection (1) may request an informal hearing to protest or dispute the fine within 30 days after the day on which the fine is assessed.

(b) A hearing requested under Subsection (4)(a) shall be conducted in accordance with standards provided in the association’s governing documents.
(c) No interest or late fees may accrue until after the hearing has been conducted and a final decision has been rendered.

Quoting Ms. Hansen (who is clearly just the messenger)

If the car remains parked on the road for one year the total accrued fine would be $9,125, is that really necessary to continue this. We will also begin filing a lien on your property for unpaid fines unless the Jeep is moved and the fine is paid ASAP.

The board is in violation of Utah law in subsection 2, subsection 4a and 4c. Then threatening owners by extortion, telling them if they don’t pay a $175 fine without any respect to due process (with either purposeful disregard for the law and its own CC&R or simple ignorance of both) as written in 57-8a-208: of the UCAA, and Article 9 of your CC&R, you threaten a lien on the property if it isn’t paid ‘ASAP’?

Defining ASAP

The fine doesn’t have to be paid until an informal meeting with the board is completed. Subsection 4a clearly states that I have 30 days to request one. Then when I appeal your decision, I have another 180 days if I file a civil action against Shadow Creek HOA for breaking the law.

Ms. Hansen, The Secretary:

This would also provide a basis for filing a lien on the future fine and the owed $25 fine. So right now you can avoid a lien by paying $175 ASAP

The Constitution of the State of Utah:

http://le.utah.gov/code/TITLE57/htm/57_08a020800.htm

57-8a-208. Fines.
(1) Unless otherwise provided in the association’s governing documents, the board of an association may assess a fine against a lot owner for a violation of the association’s governing documents after the requirements described in Subsection (2) are met.
(2) Before assessing a fine under Subsection (1), the board shall:
(a) notify the lot owner of the violation; and
(b) inform the owner that a fine will be imposed if the violation is not remedied within the time provided in the association’s governing documents, which shall be at least 48 hours.
(3) (a) A fine assessed under Subsection (1) shall:
(i) be made only for a violation of a rule, covenant, condition, or restriction that is specifically listed in the association’s governing documents;
(ii) be in the amount specifically provided for in the association’s governing documents for that specific type of violation or in an amount commensurate with the nature of the violation; and
(iii) accrue interest and late fees as provided in the association’s governing documents.
(b) Unpaid fines may be collected as an unpaid assessment as set forth in the association’s governing documents or in this chapter.
(4) (a) A lot owner who is assessed a fine under Subsection (1) may request an informal hearing to protest or dispute the fine within 30 days after the day on which the fine is assessed.
(b) A hearing requested under Subsection (4)(a) shall be conducted in accordance with standards provided in the association’s governing documents.
(c) No interest or late fees may accrue until after the hearing has been conducted and a final decision has been rendered.
(5) A lot owner may appeal a fine issued under Subsection (1) by initiating a civil action:
(a) if the lot owner timely requests an informal hearing under Subsection (4), within 180 days after the day on which a final decision from the informal hearing is issued; or
(b) if the lot owner does not timely request an informal hearing under Subsection (4), within 180 days after the day on which the time to request an informal hearing expires.

Amended by Chapter 116, 2014 General Sess.

The HOA is demanding money ASAP. The Law says 7 months. 30 days to request a board meeting which I will do when you provide me with the documentation I want. Not ASAP. I need it immediately.

Since I am clearly taking responsibility for this matter, and taking your extorted demands for immediate payment very seriously, I would like to publicly inform the Shadow Creek HOA Board that I am requesting an updated electronic form of the “CC& R’s amended 2006 and the Rules, Regulations and Procedures dated 1997”. Also I would like a copy of the ‘published’ Schedule of Fines as described in Shadow Creek CC&R section 9.3.

A Resource Locator to the documents is adequate. Please stop using the Postal Service to mail things that end up 2 feet away from where you drop it off.

We can talk about how your imagination construes parking my Jeep in front of our house which is clearly:

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Operable. Here is a picture on July 4th. Small little Jeep. You would think the guy across the east side street hauling a trailer while being parked out front would be an issue. Not for me…for you.

It’s not a recreational vehicle.

This is a recreational vehicle.

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It’s parked across the street. All night and all day.

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It’s pretty nice.

Here it is on the 15th and16th ….all day….all night.

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And again a week and a half later.

It’s quite humorous that in your selective enforcement of rules, you complain about a Jeep which by your written rules clearly falls In section 8.6, but a recreational vehicle parked day and night which is completely against the rules is perfect parking behavior, and a full size truck towing a trailer is ok too.

‘Actually used’ by me, every morning when I take my kids to school. Here is a kiss from us to y’all.

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Why not be honest? What is this really about? It’s not about parking obviously. Everyone parks out front. Cars: parked out front. Vans: parked out front. Trucks towing trailers, recreational vehicles the size of the Millennium Falcon, and Jeeps….front, front, front. This isn’t about enforcement of rules, because you don’t seem to care or even understand what those are. It’s certainly not about the Law.

Very Respectfully,

Jason Yeaman

Subject: Parking Violations – Unit 51

As of this date we have a compounding fine of $175 (including the unpaid July fine) if the car is moved today. But it will continue to accrue at $25 per day if the vehicle (Jeep) remains parked in the road. Parking violations by the Unit 51 residents began this time on Thursday September 25th. If the car remains parked on the road for one year the total accrued fine would be $9,125, is that really necessary to continue this. We will also begin filing a lien on your property for unpaid fines unless the Jeep is moved and the fine is paid ASAP.

History:

Jason Yeaman, the owner of the vehicle involved has intermittently, and in spite of posted warnings, parked his jeep in front of the house.

On July 9 a letter was sent via e*mail to Lynn Ogden, the owner, advising that a fine for a parking violation of $25.00 was levied for a parking violation by the residents of his house that occurred on July 7, 2014. Mr. Ogden has never responded to that letter or has the fine been paid. Please note that following the letter the parking violations were apparently stopped for a period of time.

Current Situation:

Parking violations started occurring on a more frequent basis in September. It is noted from correspondence that additional violations have occurred during the last several weeks.

In view of the obvious intent to ignore standing rules of the association, we have good records as a basis for action. As a minimum we keep good records of exactly which days the jeep is parked on the road for a 24- hour period.

A review of our Regulations appears in order to be assured we are on good ground. Both the CC& R’s amended 2006 and the Rules, Regulations and Procedures dated 1997 have addressed parking of vehicles and appear to open the door to towing the offending vehicle at a cost to the owner IF it is left parked for over 72 hours. A fine for shorter violation periods is certainly in order however it is dependent upon the vehicles owner accepting that responsibility. In this case it appears the Yeaman will NOT accept that responsibility.

The easiest option, of course, is to bill for additional violations to develop a pattern of refusal to pay, etc. This would also provide a basis for filing a lien on the future fine and the owed $25 fine. So right now you can avoid a lien by paying $175 ASAP and having the Jeep moved today.

Sincerely,

Cindy Hansen, Board Secretary

cc: Certified letter
Jerry Howard
Chris Coleman
Cindy Hansen
Merrilyn Kennedy
Cindy Parker
Joel Teel

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