From:                              Bob Phelps [bob@elkfalls.com]

Sent:                               Sunday, June 20, 2010 10:29 AM

Subject:                          Response to Shapiro letter

Attachments:                 Shapiro.pdf

 

To members of the Elk Falls Property Owners’ Association:

 

You have probably received the recent mailing from Fred Wolf and Sam Shapiro complaining about various EFPOA Board actions. If not, a copy is attached to this e-mail. As a Board member and as an individual personally named in letter, I feel compelled to respond promptly. I chose to run for the Board because of what I interpreted as dissention within our community between individual homeowners, the Board, and our neighbors (the Dunwodys and Lower Lake Ranch). I felt sure these differences could be easily resolved. Boy was I wrong! Let me respond at this time to a few of the inaccuracies, gossip, innuendo, half-truths, and false conclusions in Shapiro’s and Wolf’s letter:

1.     The Board has supported Staunton Park with the exception of access through the Elk Falls subdivision and RV camping. The Board supports the current park plans.

2.     To my knowledge the Board has never harassed any homeowners.

3.     The Rausch suit was about sharing maintenance costs, not about blocking access. Most of the Board’s legal costs were recovered but there was a net expense of a few thousand dollars which was disclosed to the membership.

4.     The Dunwodys did indeed briefly block Elk Creek Road when they blocked Juniper Road. We currently have no assurance that the police would do anything if the Dunwodys were to block Elk Creek Road again if the restraining order were lifted. (The sheriff refused to intervene when Juniper was blocked.)

1.     Although there have been several attempts at arranging a working road maintenance and access agreement with the Dunwodys, none has been formally agreed to. The Dunwodys have gradually and unilaterally modified the informal agreements we always had with the Elk Falls Development Company until the situation resulted in the February road blockade. The Board tried to deal with each modification until it becme clear the homeowner’s rights were being trampled.

2.     I find it quite fascinating that my statement regarding homeowner’s rights at a Lower Lake Liaison Committee meeting has escalated to my “drawing a line in the sand with a Monkey Wrench”. My statement was simply that it is essential that homeowners retain in perpetuity their historic rights to access their property.

3.     It’s true that like any lawsuit, this lawsuit is expensive. The Dunwodys, not the Board started it by blockading the roads. With regard to access rights across Juniper and Jensen Roads (the “disputed roads”), these roads are used routinely by over half of the homeowners, and have been for over 40 years, because it is the most convenient access to their homes. Loss of access across these roads would not only be a major inconvenience to many homeowners, it would be a serious safety hazard and would likely result in decreased property values of virtually every home in Elk Falls Ranch. We of course hope to recover our legal costs but there is no guarantee.

 

This is a volunteer Board. We are not professionals and we don’t get paid. It has been a unique pleasure to work with this group of dedicated people. Everyone has worked diligently for the benefit of all homeowners and not for the benefit of themselves. Please be sure to attend the annual meeting next month where we will lay out as best we can the details of the Dunwody (access) case and the Shapiro/Wolf (covenants) case.

 

Bob Phelps