Frequently Asked Questions
Board of Director
issues
Financial Issues
Communications
Maintenance
Roads
– Maintenance and Use
Security
Use of Facilities
Architectural Control Committee
Waterfront, Dock Area and
other Amenities
Owners Paying less Dues than
Others
Miscellaneous
Board of Director issues
Has
there been a Legal Audit conducted since the Turnover? If not, when will one be held? This is especially
important 1) if we are considering changing our legal counsel, 2) with
Silverleaf's current difficulties and the way their disposition of QHV might
impact us both financially and in the transfer of real property that was part
of the Turnover.
There hasn’t been a
legal audit yet, although the Board needs to address this issue.
As far as the
relationship between Quail Hollow Village and Silverleaf is concerned,
Silverleaf is just the management company for the QHV property. If Silverleaf
goes away, QHV will probably just get another management company.
å
|
The
Board has a lot of power here in Beech Mountain Lakes. Their decisions affect
the lives of the residents in many ways. While the residents elected the Board
members, at least those representing Beech Mountain Lakes, to make decisions on
their behalf, when should the Board go back to the residents to make
sure that a decision they’re contemplating is what the residents really want?
Recently there was a decision made to advertise the campground to the public,
encouraging people who are neither residents nor their guests, to come into
this “private” community. I understand that we’re going to advertise the
restaurant, as well. Many of us chose Beech Mountain Lakes because it is a
private, gated community. Why has the Board decided to make it significantly
less private without asking the residents if they agree?
Should Beech Mountain Lakes remain a secure
(gated) community? Do the residents
really want that?
If they do, should we really advertise attractions like the
restaurant and campground and invite the general public in? Isn't that in
conflict with the "gated" and "secure" nature of Beech
Mountain Lakes?
I know that under the Covenants require that
the board be made up of 3 BML people and 3 QHV people. Now that there are many
more BML residents, should we still be 3 and 3 on the board? Should BML have
more than QHV?
The initial concept
was to have three “communities” in BML, each with three (3) board Members.
After the Declarations were filed, the third community fizzled and we are
left with the current situation.
Changing the ratio would require the Covenants to be amended. å
|
Why
can’t the names of delinquent BML accounts be made public? That would give them incentive to pay their dues.
By Court Order, the
list of BML owners who are delinquent is not a matter of public record. To
publish them would be a breach of confidentiality and subject the community
to legal action. å
|
I
understand that money is tight and that some sort of additional revenue stream
has to be found. The Board has said that the money was going to be used for the
dam, the roads and the clubhouse, I believe. Since Quail Hollow Village
people also use those things, are they going to pay their fair share of
whatever is levied to make the improvements you propose?
Who's accountable for the spending at Beech Mountain
Lakes?
The Board. A finance
committee was set up to try to get a better handle on the budget and the
expenditures and it’s helped a lot – but we still have to get better at
anticipating and projecting future expenses. Any expenditure over $500 must
be authorized by two (2) Board Members.
å
|
We
do need to cut spending. I
understand that we need things but if there isn't the money, put them on a
"wish" list like most people do. If there are things down at the
clubhouse that are no longer used, sell them.
Spending has been cut to the bare minimum and
most of the departments are running within their budgets. Additional funds
will be generated through various fundraisers. å
|
Does
the GM provide the Board with a periodic report of his activities and the progress of various
projects around the community? Can this report be made available to the
residents?
Yes, he does. In
addition to his weekly update, he presents a report at each Board meeting
which is attached to the meeting minutes. If anyone wants to review either
the minutes or the report, they can do so at the Admin office.
å
|
Why
doesn’t the Board seek a state grant to help make improvements? It seems likely that there’s some state money
somewhere to help with the roads or dam.
We have sought grants
from time-to-time for help with our roads but have been denied because we are
a private community. We are presently seeking help for the dam and spillway
through Butler Township and will investigate other grants as a means to
defraying some of the costs of the project.
å
|
Financial Issues
When is the budget put together and with
whose input? Shouldn't the community
see the budget before it's implemented?
The
Declarations are explicit in dictating how the budget should be composed and
when it should be published.
7.3 Budgets.
7.3.1 Association Budget. Each year on or before December
1, … the Board, shall adopt and make available to each Owner a budget
for the ensuing year commencing January 1, which shall be prepared as
follows:
(a) The Association budget shall be prepared on a calendar year
basis.
(b) The Association budget shall utilize the same categories of
revenues and expenses as appear in the audited financial statements for the
Association for the previous year.
(c) The Association budget shall include the amounts in each
category of revenue and expenses for:
(i) the previous year as shown in the audited financials for the
Association;
(ii) The current year as shown in unaudited financials ending
September 30; and
(iii) The ensuing calendar year.
(d) The …Association…shall provide the proposed Association
budget to the Delegates from each Community and shall consult with the
delegates prior to establishing the final operating budget.
The budget is a very
complicated document to put together – we start in September to prepare it.
It is completed in accordance with the declarations and is available at the
office. å
|
Can a resident with multiple lots
"join" them together and get to pay only one fee?
Not at this time. The Board is presently
(11/06) reviewing the Planned Communities act, our Covenants and Case Law to
try to reconcile the components of this complicated issue.
å
|
Why
don’t we close down money-losing propositions? It makes no sense to continue running the restaurant at a
loss. The same goes for the
campground. These are bad business
plans, they will never work, and it is high time we closed them down and
stopped the financial bleeding.
Why does Quail Hollow
Village pay their assessment in installments when we have to pay ours all at once?
Who
is responsible for going after owners who are delinquent in paying their dues? How successful are they in collecting? Have we imposed
any liens on the property of delinquent owners? What can we do to get what's
due us?
Why can’t we pay our dues quarterly? Perhaps there would be fewer delinquents if
the payments were smaller but more often.
The interest accrued
by an annual deposit helps to hold the amount of the dues down.
å
|
Communications
When are we going to have a website
for Beech Mountain Lakes' residents?
We expect the BMLA
website to be up and running by January 1, 2007. It will contain information
for residents and non-residents, a calendar of events, advertisements,
meeting notes and other items of Community interest.
å
|
Can
the residents of Beech Mountain expect a disclosure and or summary of disbursement of money for repairs,
legal fees, and or other regular and usual costs related to the Beech Mountain
Property?
Where
can the Beech Mountain financial statements be picked up?
Maintenance
What
is being done about the vehicles that are parked/stored at the entrance to Beech Mountain Property?
A lot of
times the clubhouse smells of mildew and old towels. Why don't we maintain
it better?
The clubhouse, we are
told, was built over a marsh. The high natural humidity promotes the growth
of mildew. We’ll be as diligent as possible to keep the clubhouse smelling
good – we’ve been told by some time-share folks that it’s much better than in
the past – but there’s always room for improvement.
å
|
If
only 1 Maintenance employee is scheduled to work, why are there always 2 down
there on the weekends?
One person is normally scheduled. Additional staff,
however, may be needed due to workload (parties, etc.).
å
|
Roads
Do we have a plan for
road upkeep or do we just slap
patches on the new holes every year? There should be, if there isn't.
What
is the cost of bringing the roads up to the county code?
It's
the construction vehicles that are wrecking our roads. We should levy a meaningful fee on contractors who
bring these trucks and equipment in.
The
joggers in here need to realize that the roads aren't wide enough for them to jog down the middle of them. They need
to get to the side when cars are coming.
There’s been an
ongoing dialog on the club site about this topic. We all just have to be
respectful and concerned for the other guy (or gal) and it’ll be OK. We don’t
think that, given the present status of the roads – no shoulders and no
sidewalks – there’s any alternative other than being aware and considerate of
others.
å
|
Security
Why
don’t the guards stop vehicles entering BML without current stickers? If a vehicle does not have a sticker, that vehicle
should be stopped every time, EVEN if the guards 'recognize' the vehicle as
belonging to a property owner. The
inconvenience of being stopped on a daily basis will have a direct result of
getting more people to pay their dues.
The declarations don’t allow us to deny a
delinquent owner access to his/her home, but they lose their right to use the
facilities supported by those dues.
16.4 Recreation Fee.
For each Interest owned, an Owner shall be required to pay an annual
Recreation Fee …, separate and apart from any Assessment by the Association
…. Payment of this fee will entitle an Owner, his family, guests, invitees,
and licensees to use the Sport Facilities ….
We can, however, take legal action against
delinquent owners.
7.14 Creation of Personal Liability and Priority of Lien.
Each Owner, by acceptance of a deed or other conveyance
or transfer of an Interest … covenants and agrees to pay to the Association…
the Charges, together with any interest thereon, against his Interest during
his ownership thereof as shall be fixed or assessed by the Association …for
the Community in which the Owner has an Interest. …The obligation to pay any
Charge, late fees, interest, and costs of collection thereof, including
reasonable attorneys' fees, is secured by a lien or lien right in favor of
the Association…for the Community in which the Owner has an interest…. Such
lien shall be superior in all respects to all rights of homestead which may
arise in favor of any Owner.
Any lien
arising hereunder shall continue in full force and effect until fully paid or
otherwise discharged.
The lien against
an Interest for unpaid Assessments may be foreclosed or enforced in the same
manner as is authorized by the laws of the Commonwealth of Pennsylvania for
the foreclosure of mortgages on real property or the enforcement of security
interests.
The Association
… shall have the right to bid on the Interest at any foreclosure sale or
public sale of the Interest and may acquire, hold, lease, mortgage, and
convey the Interest acquired at such sale. å
|
What
happened to the gate that was voted on and approved?
The Security Guards are supposed to be
guarding the entrance to the community, making sure that only people entitled
to enter do so. Yet many times when I go by, they’re checking Quail Hollow
Village people in and ignoring the unstickered cars that simply drive
through. I’ve heard they also are expected to do maintenance at QHV after hours
(“my toilet’s plugged. Get over here and fix it!”) and to clean the bathroom at
the Guard house. That’s not what we pay them for!!
Use of Facilities
We want
to know why we can drive down to the beach or clubhouse any given day and find
that less than 50% of the cars parked there have current stickers. The beach, tennis courts, pool etc.,
should not be used by those who do not support the community through dues.
Quail Hollow people have passes in their cars and have a right to be
there. BML owners who do not pay do not
have a right to be there. Maybe you
should consider building a second shack on the road down to the amenities and
allowing entrance only to those who belong there. I personally would give one day a month to 'patrol' down at the
clubhouse and ticket cars that had no permits.
16.4 Recreation Fee.
For each Interest owned, an Owner shall be required to pay an annual
Recreation Fee …, separate and apart from any Assessment by the Association
…. Payment of this fee will entitle an Owner, his family, guests, invitees,
and licensees to use the Sport Facilities ….
UPDATE: At the September, 2001 Board Meeting, the
GM indicated that in 2002, access to the beach will be restricted to those with
either a valid BML membership card or QHV identification.
å
|
Architectural
Control Committee
I have a concern about the builders and the
liberties they are taking here. How
many new home sites are being cleared with the only consequence being they lose
their deposit? This practice is
destroying the look of the community.
How many homes are being built over the setbacks but with a turn of the
head it goes unnoticed? I understand
the ACC are volunteers but someone has to be out monitoring these
situations.
Sometimes the size of
the house to be placed on a lot results in what amounts to “clear-cutting”,
something the ACC has been made aware of. If you see anything “suspicious”
regarding excessive cutting of trees, or the felling of trees marked by the
ACC to not be cut, call the General Manager as soon as possible.
Violators are subject to fines and having to replace the trees wrongly taken
down.
å
|
What
can we do to keep self-serving
builders from felling healthy trees on property being developed by calling
them "diseased"?
Waterfront and Dock Area
What’s
up with the new “island” appearing just north of the beach? What’s it made up of? Where’s it coming from? Is it hazardous
to the kids who swim and play there?
This is sediment deposited by the Oley Creek. A
watershed Association has been operating to lobby for the remediation of this
condition. That Association has written for and received public funds to
address the situation and has gotten a verbal commitment from the developer
of property adjacent to BML to help with the fix.
The sediment presents
no health hazard.
å
|
Owners
Paying less Dues than Others
Which
owners pay less than others and why?
Are there different types of owners? Can we do anything about this?
What are all the details of
the charter member benefits? Why do they pay less?
There have been basically three (3) types of
owners, as found in the Declarations: Original purchasers of real estate in
the development, Owners who purchased their property during certain months of
1985, and the rest of us. The distinctions apparently coincide with changes
in the financial backing of the developers and were conditions negotiated
between the then-owners and the new developers. They are defined as follows:
7.4 Allocation of Association
Assessment. (c) Notwithstanding the above, those
persons listed on Exhibit B hereto, which is incorporated herein by
reference, who originally purchased lots from Eastern Pennsylvania Marine
properties, Inc., and who still own said lot or lots ("Charter
Members"), will pay $10.00 per lot per month as the Association Assessment
for road maintenance, security, recreational facilities and maintenance. No
additional Association Assessment will be made to such owners for
construction and maintenance of additional amenities other than reasonable
user fees. This right of limited assessment is nontransferable.
When the original Declarations were written, 262 property-owners
were named as Charter Members; approximately 90 remain as owners as of July
1, 2001.
The Third Amendment to the Declarations (October 30,
1987) contains the following:
7.4 Allocation of
Association Assessment.
(d) Notwithstanding the above, those persons listed on Exhibit D
hereto, which is incorporated herein by reference, who purchased lots from
Beech Mountain Lakes Corporation, between the months of March and December,
1985 and who still own said lot or lots (“Exhibit D Members”) will always pay
the assessment levied against unimproved lots as speclf1ed above, even 1f the
lot has a residential dwelling unit thereon. This right of limited assessment
is nontransferable.
When the third Amendment was issued, 464 property-owners were listed
as entitled to reduced assessments because of the date of their purchase; the
turnover document (January 7, 1998) eliminated this category, reverting to
the original “Charter Member” right.
Since the Turnover, there have been three types of billing for annual
fees: Full (for the first ownership interest of an owner); half (for the
second and subsequent ownership interests); and Charter Members. å
|
Are charter benefits
transferable? I know someone (a
Charter Member) who moved in Beech Mountain Lakes and kept the lower fee.
Miscellaneous
What
is the explanation of the Transfer Tax
that has been initiated within Beech Mountain Lakes? What's the purpose? Who is
responsible for paying it? What are the penalties for not paying it? How much
is expected to be raised through this tax?
The transfer tax was
originally proposed and passed in 1998, but never put into effect. The intent
of the tax is to generate income for Capital Improvements. The Planned
Community Act allows us to bill up to 100% of the annual fee for an improved
lot (50% for unimproved) and use the income for Capitol Improvement. In our
case, the tax may be paid by either the buyer or the seller or both. å
|
Are the parents financially responsible
for any damage done by their unsupervised minor children?
Yes, they
are. See Section 10.2, following.
10.2 Owners' and
Residents' Responsibility for Damage.
Owners or Residents,
members of their families and their guests assume all risk of loss or damage
to person or property in using the Common Areas or Community Common Areas.
All Owners and Residents agree to indemnify and hold the Declarant and the
Association harmless from and against any claim for injury, loss, or damage
by any guest or member of an Owner or Resident's family.
Each Owner or Resident shall be liable
for the uninsured cost and expense of any maintenance, repair, or replacement
of any portion of the Common Areas or Community Common Areas or property of
the Declarant or Association, necessitated by his negligent or intentional
act or omission. The negligent or intentional act or omission of an Owner's
or Resident's family members, guests, tenants, licensees, or invitees shall
be deemed to be the act of the Owner or Resident, and such persons shall be
held jointly and severally liable with such Owner or Resident.
The Association shall submit a bill to
the responsible Owner or Resident for all amounts payable to the Declarant or
the Association under this Section 10.2, which amounts shall be enforceable
as a claim for money damages against such Owner or Resident.
Any loss, damage, or destruction caused
by an Exchange User to any Common Area or any property of the Declarant or
the Association, or any violation of the Association Instruments by the
Exchange User, shall be remedied by the Association, and the cost
thereof,
to the extent not covered by insurance or recovered from the Exchange User,
shall be a Common Expense and shall be shared by all Owners as a part of
their Annual Assessment.
Any loss, damage, or destruction caused
by an Exchange User to any Community Common Area or any property of the
Declarant or a Community Association, or any violation of the Community
Declaration or By-Laws of the Community Association by the Exchange User,
shall be remedied by the Association, and the cost thereof, to the extent not
covered by insurance or recovered from the Exchange User, shall be a
Community Expense and shall be shared by all Owners in the affected community
as a part of their Annual Assessment.
å
|
There are too many rules at
Beech Mountain Lakes. We should throw
them all out and take issues on one-at-a-time.
Why
don't we put a Beech Mountain Lakes Homeowners' Association together, as is allowed in the Declarations? That way we'd be
able to govern ourselves as a community and not have Quail Hollow Village
telling us what we can and can't do.
This was explored in the past but not done – it’s a very complicated
issue. It probably should be re-evaluated, however, since it was last
reviewed before the Turnover. This is an item that really is up to the
community – not the Board – to get involved with. å
|
Why
don't we visit other resort communities like ours and see how they're run,
governed, funded?
Does the drinking
water at Beech Mountain Lakes contain fluoride?
Who blocked off the back “exit” out of Beech
Mountain Lakes? What happens if there’s a fire ant the main gate is jammed?
What would the state Fire Marshall think?
It
appears that there are a lot of “For Sale” signs in Beech Mountain Lakes. Is something going on? Are the property values going
down?
Some
properties are really poorly maintained, even to the point of looking
abandoned. The grass is uncut and the appearance detracts from the looks of the
entire neighborhood. That the culverts in front of these houses (part-time
residences?) are also poorly kept also means that drainage won’t occur as
designed. Can anything be done to clean these places up?
Each owner is
obligated to maintain his or her property in an appropriate condition. We
have, and will continue to, enforce the sections below. Again, we need the
residents to let us know what properties are getting out of hand.
13.3 Maintenance. Each Lot, whether occupied or unoccupied,
and all improvements thereto shall at all times be maintained in a good and
clean condition; grass shall be mowed; rubbish and debris removed, and weeds
controlled. If any Lot or any improvement thereon is not so maintained, the
Association may maintain, restore or repair, the cost of which shall be a
Personal Charge hereunder as more fully described under Section 3.7.
Neither the Association nor any of its agents or employees of contractors
shall be liable for any damage which may result from any maintenance,
restoration or repair work performed hereunder.
3.7 Repair and Maintenance. The
Association shall have a reasonable right of entry upon any Unit to perform
emergency repairs or to perform any other work reasonably necessary for the
proper maintenance of the Development, provided, such exterior maintenance
is, in the opinion of the Board, required, including without limitation:
paint; repair; roof repair and replacement; installation of gutters
downspouts and exterior building surfaces; and yard clean-up. The
provision of any exterior maintenance services by the Association to any Unit
shall not be deemed an acceptance of ongoing responsibility to maintain such
property or the ownership of such property. At such time as the Association
renders such exterior maintenance services, it shall do so at the sole
expense of the Owner, which expense shall be a Personal Charge hereunder,
separate, apart and in addition to any other Assessment or Charge imposed by
this Declaration. The cost of such maintenance may be assessed against an
Owner, which, in the opinion of the Association, benefits from same…
å
|
There has been a large
number of people playing loud music from their cars. We were awakened every night for 2 weeks at any
where from 1 A.M on. We called the guardhouse, who found out who the person was
and asked him to stop but he didn’t. It turns out he doesn't live here. He
drops someone off late at night.
I don't know about the water in the lower
elevations, but up here on the hill we lost our water quite a few times last
year. Is there a plan to correct that problem, such as a holding tank up on the
hill?
The declarations call for a Capital Reserve
Fund to be in place to sustain the long-term viability of Beech Mountain
Lakes as a community? What is its status?
How are volunteers solicited? Many of us
would offer our services if we had known we were needed. Do you post notices in
the clubhouse or on the board or in the newsletter? If so, we’ve never seen
them.
A Volunteer Committee has been formed and anyone
who would like to volunteer for anything should call the clubhouse (788-1919)
and leave their name, phone number and area of interest and the committee
chairperson will return the call.
å
|