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| Subject: Brain is done, farewell Brain. | |
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Author: Butch Huber |
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Date Posted: Sun, Sep 13 2009, 14:35:45 In reply to: Brian Snyder 's message, "I'm done." on Sun, Sep 13 2009, 10:12:46 Brian, your post and my response: Ya know... I reach out on for help from homeowners , on a web site that I was told 2 years ago to ignore. (My response: This blog, as I understand it, was developed by a former homeowner who saw the need for it precisely because the board was ignoring people when they went to board meetings and was even having them taken out of the meeting by police when they disagreed with an action or position of the board or its members) Has anyone noticed that no other current board members come here? (Yes, I have, and I think it is a sign of their attitudes regarding the opinions and thoughts of the homeowners. I think you largely share their attitude, you just thought you could get everyone to "just get along by going along". ) Or reply to any postings here? (The people who post on this blog are people who don't wish to be censored or limited. They present a posture that anyone who is trying to exert control or power wouldn't appreciate.) I was looking through some of the older posts, and there really isn't anything positive going on here. It truly is just a web site designated for a few people to bitch and complain, instead of do anything constructive. (Brain, as much as you don't understand this, I will tell you that "Bitching and Complaining" are doing something constructive when there really is something to "Bitch and Complain" about. In fact, when "bitching and complaining" are called for, sometimes, it is the most effective thing that a person can do. Just because you want to develop an atmosphere of appeasement and tolerance, doesn't mean you are right. When people have a reason to "bitch and complain", in this country, at least for now, they have a "RIGHT" to "Bitch and Complain" and you, if you consider yourself an American, should be willing to stand "FOR", and not "Against" their right to "Bitch and Complain". As much as I didn't appreciate Curt's method of expressing his opinion at 10:00pm on a Sunday, I admire him for getting out and doing something. It takes much more effort to do something than it does to sit and type from the comforts of your home, and criticize those who are taking action and actually doing something. (Brian, to each his own. Curt does what Curt does, and those who type do what they do. Ahem, remember, the founders of this country found that freedom of the press, and in some ways this is the press, is a fundamental and powerful part of democracy and liberty. In fact, the press is considered the "Fourth Branch of Government". Press, the written word, is an invaluable part of the fabric of this country, Brain, and rather than abhor it as you seem to do, you should embrace it and cherish it and hold it dear, for one day, it may be the thing that saves you from tyranny.) No one on this board takes their jobs lightly, or takes on issues as a game. (Brian, you seem to have very little regard for the opinions of the homeowners who disagree with the action of the board, and you do seem to be playing a game. It should be evident to all of the board members that there is a considerable number of people who are upset at the flagrant misuse or abuse of power by this board. You post a post asking for input, on a board predominantly used by people who feel ill toward the board for its actions, about what they would like to see put in place of the basketball courts. You didn't ask what other amenities people desired, you asked what they wanted to replace the basketball courts with, as if the basketball courts were not coming back. Then you start talking about "bait". I have no idea what "bait" you were speaking of, but I have not seen anything anywhere that would indicate anyone is setting some type of trap and placing bait to lure you or anyone else in. Yes, Brian, to me, you seem to be treating this whole matter with a level of antipathy toward those of us who have issue with this board and its actions, and you seem to be dealing with it from a less than the professionalism, or even sensitivity, than you should. People have a right to be upset at this board. The board took something from them, why wouldn't they be angry?) The issues in the common area have been going on for years. This is the first board that decided to take a permanent action to help solve the problem.... like it or not, that's the fact. (You may, at best, be solving a symptom of the problem, but I assure you that you are not solving the "problem". I have tried and tried to point out the problem, and yet, again and again, you ignore it. It is the same thing with gun control, those who want to fight crime sometimes falsely believe that getting rid of guns cuts down on murders and crime. It simply isn't true. Guns don't kill people, people kill people, they sometimes use guns to do it. Backboards don't create a nuisance, people create a nuisance, they sometimes use backboards to do it. The real problem is the unruly child. Do you really believe that this board has stumbled on the panacea for making unruly children behave? Remove basketball from their lives and all of a sudden the monster you once had will become your little angel? Really? If that is the case we need to launch a national campaign to outlaw basketball, including the NBA! Have you ever read the Cat in the Hat book where they were dealing with the stain? It got on one thing, and they would remove it from that thing, but then it would be on the next thing? It was on the dress, and the tub and the walls and so on until they finally were able to get the stain outside of the house, but then it was all over the neighborhood. If you ever read that book and you can't make the parallel to these type of situations I feel sorry for you. The message that book is sending is that you need to properly deal with things before they become a real mess. Removing the basketball courts isn't solving anything of real value, it may actually work if your focus is narrowed to a point where all you are dealing with is the "Common Area", but what of the community at large? Does the bad behavior disappear, or does it just move to another part of the neighborhood or somewhere else in the city? Will we be facing the same unruly teens when we go to the movies now? How about when we go to books a million? Perhaps as we walk into a grocery store? Will they cruise the streets? Rather than fight the good fight, and get the police involved and the city commission involved, we lose an amenity and the problem will still exist, perhaps mutated into a different form, perhaps moved to a different location, and perhaps even diffused a little, but it never-the-less will still exist. Meanwhile, those who like basketball, and those of us who like the idea of having a basketball court in the neighborhood, lose something because the problem wasn't handled properly. Doing the wrong thing for the right reason is better than doing the right thing for the wrong reason, and it is certainly better than refusing to do anything, but it is still the wrong thing.) You criticize and comment about how awful the board is and how now is the time for action. You are mistaken - the time for action started years ago. The board asked for help. They tried to get a Neighborhood watch going, but everyone was too busy... and they didn't want to get involved. Or they volunteered, and then didn't show up to any meetings. (Have you ever considered the fact that perhaps the majority of the people in this neighborhood disagree that anything needs to be done? Perhaps they think you are wrong! Could that be a possibility? Perhaps the reason they don't want to be involved with a neighborhood watch is because they don't feel or see the need? I will agree that the time to act in reeling in and limiting the powers of the board was a long-time ago. It has to come to a point like this one for such actions to take place. Until people see the dangers of granted power they will not see the need to withdraw such power. The board of directors has inadvertently created that very situation. By "taking" something from the homeowners without their permission, and by presenting itself in the posture it seems to be presenting itself, and by trying to justify itself rather than humble itself, the board has created the perfect situation through which people will likely vote to limit the board's power. That, Brian, is a very, very good thing.) Good or bad, the board has the right to make changes in the common area, and they can do it without your vote one way or the other. (Brian, thank you, I couldn't have asked for you to demonstrate your obstinance any better than this statement. You have been told again and again that you were wrong, and yet you stubbornly refuse to admit it. And as far as your statement "and they can do it without your vote one way or the other", all I can say is "thank you, Brian", you have proven my point! The board has the opinion that it can make changes without our vote. If it can remove the basketball courts without our vote, it could remove any other amenity without our vote, Right? Consider this, Brian. I will go as slowly as possible, please try to keep up. When WIlloughby Station was being approved by the Planning Commission and the City Commission for becoming a development, it had to submit what are called "Preliminary Master Development Plans". Included in such plans would be the "Common Area" and proposed Amenities. Along with those would be a set of covenants, and possibly By-laws. The city approved the neighborhood using what was submitted as a basis for approval. The city required, and still does require, that the community have a certain amount of common area and amenities. Now, I don't agree with that requirement, but be-that-as-it-may, the approval came from the City Commission upon satisfaction of the condition that the neighborhood had a common area, with amenities, and that the developer had a plan for the continuation and upkeep of such common area and amenities, namely, the homeowner's association and the associated covenants (perhaps also the bylaws). What that establishes is a continuing interest on the part of the city that the common areas remain, and that a certain amount of Amenities, at least those that were approved in the beginning, remain functional and operational. Now, you have to ask yourself, "why would the city place such a requirement on the developer?" I am glad you asked. They reason for such requirements is because our government, at all levels, has decided that it must do certain things "for" us citizens. They (the governments) have decided that they must ensure that we have a certain amount of play area and enough recreational equipment to play on, much like a zoo needs a certain amount of space and play apparatus for its Gorillas, in order for us to not go crazy. Since we must have these things, and since they have taken upon themselves to ensure we have them, and because they want growth to pay for and take care of itself, they require that the developers of subdivisions provide them and spread the cost of the common areas and amenities across the homeowners and pass the cost of maintenance and upkeep on to the homeowners. The other thing that a homeowner's association does is it causes the homeowner's association to self-police the neighborhood by putting in place a group of people to play a quasi-public works/zoning administration/and codes department at the cost of those who live in the neighborhood, but that is a different issue altogether. What I am saying is, if there wasn't a provision for a common area and the associated amenities, the city government would feel a compelling need to develop those amenities and common areas and tax everyone for them, just as they are and have been doing with their doggy park, and other parks, but on a larger and more numerous level. So, in my opinion, since the city approves such common areas and amenities, and since it compels us to have them, it would stand to reason, that once those amenities are approved, or subsequently approve in the case of later installations, the city should and must approve their removal. The city commission may even say that it has no compelling interest in the common area, but I believe that the case could be made that the city at large, meaning the people of Mt. Juliet (remember, we are still a nation founded on the notion that we were erecting a government of the people, for the people, by the people) have a compelling interest in the amenity being removed. By removing the amenity it places more burden on whatever basketball courts are available in Mt. Juliet, and considering the un-repressible compulsion our government has to provide for our every need whether we want them to or not, the city must logically burden itself with replacing the basketball court we have lost at some other venue. However, we are still being alternatively taxed for the basketball court that has been removed. Bet you never thought of that angle, did you, Brian?) You want the HOA to go away - you have two options: 1. Sell the common area to the city and let them take care of it. 2. Move. (Brian, I am not limited to the things you can conceive of, there may be many alternatives to the HOA problem that you haven't thought of. I don't delude myself into thinking that I am going to make HOA's go away, however, I can help to improve the situation we are forced to deal with due to errant government action.) You want to dissolve the HOA? I believe you need 100% of the homeowners to agree. (Brain, you may be wrong. If I wanted to put the time and effort into, I might be able to prove that HOA's are unconstitutional, and therefore are not legal, and then I wouldn't need one homeowner's vote to dissolve. You seem to have a finite way of looking at things, Brian, except when you want to loosely interpret the Covenants and bylaws in order to justify what you have done.) You want to replace the entire board? Stand up then and volunteer to serve during our next HOA yearly meeting. (The covenants could be changed in such a way that a board of directors is no longer necessary, did you ever think of that? With electronic processes, and properly structured bylaws, it is feasible to entirely replace a board of directors with a fully democratic system where everyone has the opportunity to vote on issues digitally, and therefore eliminate the need for an actual board. In essence, the entire neighborhood becomes the board of directors. How do you like that, Brian?) It's time to put the keyboard away, turn your computer monitor off, and go outside. Take action, take a stand, do something constructive to help. If you choose not to take action, or go to the meetings, or talk to your board members, you have no right to complain. (Brian, I have gotten more accomplished with a keyboard than you have with all your efforts. You don't fully appreciate how much I have accomplished using a keyboard. It is not up to you to decide for me what is right for me to do or how to do it and I will complain whenever, wherever, and to whomever I choose, about anything I choose to complain, and I will complain however I chose, and I won't ask your permission to do so, I will just do it.) I talk to anyone who has stopped by my house, or met me in the park, or called, even late in the night. I came to this blog in order to get a perspective from homeowners that might not be getting to other board members. I came here looking for what residents wanted done. I came to this blog asking for help - I guess I should have listened to the past\present board members when they told me to avoid this site. I guess it's never too late to listen to good advice. (Really, Brian, I have been dealing with you for a long time now, your posts are no surprise to me. You have your opinions, which I believe you are entitled to no matter how wrong they are, and you want to affiliate as many people as possible as closely to your beliefs and opinions as possible, and that is why you really post. The truth in that is evident from the tonality and attempts of persuasion you use in the body of your posts. You may be able to fool the fans, Brian, but you can't fool the players.) I will not be reading or replying to anything posted on this site again. That is kinda sad. I was only here trying to help. (Brian, I believe you are reading this post, which would make your second to last statement incorrect.) [ Next Thread | Previous Thread | Next Message | Previous Message ] |
| Subject | Author | Date |
| Butch | Lori | Sun, Sep 13 2009, 15:21:41 |
| Freedom of Speech | Sean | Sun, Sep 13 2009, 15:43:50 |
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