PPE Notices: 14 June 2024

Wouldn’t’ it be nice if we could be a little more like all the other cabin communities HOA’s: This is for the new members, which I think is about 50% in the last twelve years.

Voting: Almost all the other HOA’s set a date to have your name turned if you want to run for a trustee’s position. Then they send out a ballot to every registered owner and give them a chance to make a decision. Pine Plateau, we have no idea who’s running until have way through the meeting and then if using a proxy vote we must depend on someone else to make the right decision about who we would vote for. That always gives the incumbent the upper hand. I believe there are three openings on the board this year, why would they hide that?

Other HOA’s the trustee’s keep all the members updated via face book or a web site and are up front about all their dealings. Here in Pine Plateau, we haven’t even had a set of minutes since 3 February of 2022. Our 2013 documents were designed by Hale to not have regular board meetings and that they do not have to announce them. So, are they having secret meetings? If so, that’s a whole other problem.

First: The Utah State civil code supersedes any covenants and was designed to protect Members from boards who think they don’t have follow the rules.

Utah code 57-8a-226 regarding board meetings states: At least 48 hours before a board meeting. The association shall give written notice of the board meeting vis email to each lot owner who requests notice of a board meeting. Also, each member must be notified of the date, time and location and given an opportunity to speak if desired.

The only thing keeping Pine Plateau from being more like the other’s is Eric B. Hale 

Financials: Not long ago I could request and receive a copy of the PPE check register to put on the web site, Hale put a stop to that. Now they don’t even send a copy with the annual letter, I suppose, so the members don’t have any time to study it and prepare questions. You now have to attend the meeting just to see a list of columns with no real accountability.

Architectural Committee: Other HOA’s let their members know what has been applied for and/or approved. This board is afraid to tell the members. I personally believe the members have a right to know what’s being constructed on the project and how it will affect our property values. Rule number 4 clearly states that “It is not the intent of the boards to slow or hinder the construction of any residence out building or fence. With the new rules, isn’t that exactly what they are doing?

Twenty years ago, the board had a 36-hour turnaround time and that was with one member not having internet. The new rule makes them appear lazy and not caring about the members. If you need to hire a contractor you are on their time schedule, not the boards.

Current board members: I’ll have to say that the two new members haven’t showed me anything They won’ even list what positions they hold, why? I guess the same reason why they refuse to post a list of the members who have fire permits, what are they hiding?

Speaking of fires, it’s time to vote on whether it’s safe or not to allow fires. I personally don’t think so. I’ve seen too many microbursts come through PPE like the one on lot 323 last fall. A very large pine uprooted and dropped across the road, nothing else was damaged

I read where Hale and Mander want to run again, here’s why I won’t be voting for them:

Hale started right out by letting one member keep the south gate open for two years because his wife was too lazy to open and close it. Hale was told several times and even provided with photos, he still refused to take any action. He then hired that individual to plow the south gate. For the winter months during those two years snow was piled up so deep that the gate couldn’t be closed even bending some of the gate’s structure. Still, not even a warning letter. During that time Hale decided that it was all of the members on ATV’s who were leaving the gate open, so he authorized a breach in the right of way fence to act as an ATV gate. That didn’t go over well with DOT, and the south gate was still open all the time. DOT finally had to threaten Hale by bringing in a concrete divider to shore up the hole. My information is that they were within hours of doing just that when he finally authorized the repair. Had DOT delivered that divider it would have cost Pine Plateau thousands.

Then he tried to hire that same member as a full-time caretaker for PPE. That didn’t happen because the members voted it down. That wasn’t one of hale’s best meetings.

Still with that same individual he knowingly allowed to add on to his cabin with architectural approval and with no building permits from the county. That cabin has now had two owners and I suspect they are still having problems.

The river front property is still a mess and I’m glad hale is no longer weighing in on the subject. He made one comment that on the south road to the river that members could drive right to the river’s edge. That couldn’t be more wrong. There are very clear quit claim boundaries on the Summit County GIS map site that clearly shows the legal property lines. The other major problem is that hale allowed that member to violate the covenants in at least two places and that leaves the whole purchase very challengeable. I still question how property legally deeded to Pine Plateau in the sixties can be sold, sounds a little like fraud to me. The only way to fix this mess is for the board to take it to a property rights attorney and follow his guidelines. The North end is just as bad and hale refuses to get involved there. Something needs to be done before the county steps in and forces the board to act,

 The North gate: the boards reason for not plowing it is B S. The covenants section 5.4 and 12.9 releases them from any liability. The official plot map calls for two points of ingress and egress, they would be the North and South gates. The board is required to maintain the width of each gate clear all the way to the highway. There is no mention of weather conditions. What is questionable is the use of project money used outside of Pine Plateau.

Fences: This only takes a phone call but there have been four sections down for over two years. They are in plain sight next to the big rocks at the North end of the frontage road.

Eric Mander

I’ve known him for a few years but in the last few years he has had real trouble with his decision- making concerning Pine Plateau Estates. The board finally gave him the responsibility for issuing fire permits. He stopped by my cabin for something else and told me that he had just issued a permit to a cabin near mine. I told him then that she didn’t meet the requirements and that I would send him the proof. I did, but nothing changed, I sent a letter to the board with the information, still no response. Then there was a fire at that lot, it had probably been smoldering for hours and could have flashed at any time. We used a hose from my cabin for over an hour before we decided to call the fire department. The pine needles were over a foot deep and right next to the alleged fire pit and that cabin didn’t have a water source to use. I hope Mander told hale, but he should have pushed it harder. I’m sure hale probably said something like don’t worry about it, I’ll take care of it….

Next for Mr. Mander was to go to every lot and photograph everything on them so they could find any future violations of the architectural code. I find that highly invasive and power hungry there is nothing that gives the board the right to trespass.

All of these items and several more have been documented on this web site for years and hale knows he can submit a rebuttal at any time, and I would print it. He hasn’t because he doesn’t have one.

My opinion, until hale and mander are off the board the current trustees don’t have a legal leg to stand on when it comes to issuing warning letter or fines.

Speaking of fines: In the Fines and Assessments section it states that a violation of the fireworks or the outdoor fire requires a mandatory fine of $500.00. hale has already violated that rule once that I know of.

Utah State code 57-8a-208 Effective 5/12/15 states: 2 (a) “Before assessing a fine under Subsection (2), Before issuing a fine the board shall give the member a written warning. Then it goes on to explain what should be in that warning. Sounds to me like the board owes some members a refund. If you want to be a board member you must make yourself aware of all the guidelines provided. And please pay your property taxes on time, I find it embarrassing to see a bord member on Summit County’s delinquent tax list almost every other year. If you can’t manage your money how are you going to manage your ours.

 I supported Pine Plateau by being on board for two terms, the rest of you need to step up and take a turn. I will gladly help any board member who actually takes an interest in PPE and wants to keep it a rustic and safe place to own and recreate.

So far hale’s only claim to fame is going to the country club and bragging to his buddies that they voted me in again and that we have the lowest dues of almost all the cabin HOA’s. If you knew how hale acquired his properties and why you would understand. Hale is so far removed from what actually goes on up here, you can’t possibly know when you come maybe once a year.

The very first page of the covenants section is a copy of a state document. Rights of the HOA owners. You should print and read this document.

To the remaining board members, you should really look at the by-laws section: 7.04 para3. Before someone gets you in too deep. At the very least elect a new president.

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Sunday, February 5, 2023

It’s been over seven months since the annual meeting, has anyone heard from the board, like what positions they have, if they’ve had any meetings, anything? Or does anyone still care?  

The By Laws Section 7.06: “Immediately following each annual meeting of Members, the board of trustees shall hold a regular meeting for the purpose of organization election of officers and the transaction of other business. Notice of such meeting is hereby dispensed with”.

They don’t have to tell us if they had the meeting but if they didn’t have it, it violates the bylaws. If they did have the meeting they are in violation of State Civil code 57-8a-226 which states among other items that all members have to be given written notice before the meeting, time date and location, a chance to attend and reasonable amount of time to speak.

There are three positions up this year, if any of those members run again and you vote for them you will get nothing for your vote, again. I actually voted for the two ladies last year because I was pretty sure they would stand up to hale and we might actually get some information on face book. If they run again this year they will probably have my vote again.
 
There were two major rain storms at the end of the season last year, both did damage to the roads, especially the downhill roads. I even saw that someone mentioned it on face book. Looks like nothing has been done at all.  With the good snowfall this winter the runoff could do a lot more damage.

Cows: How did the electric fence workout? Where would they put it? On Pine Plateau property or the river front private property. If they ever do install one the location will dictate where the liability goes when a small child grabs it. I don’t go down into that area but I did see a lot of cows everywhere inside PPE. My remedy is to herd them from my property over to hales. A real remedy would be to put cattle guards in a well placed location on the roads they use, not only would this keep the cows from most of PPE, but if done right it could move some of the runoff off the roads and keep the damage down. Or you could call Summit County Animal Control.

Why is everything the board does such a secret? Face book was supposed to keep the members advised of what’s going on. They should be telling us what projects have been approved, new construction and when the gate has been plowed. We don’t even know who has fire permits. All that and the current financials should be published on face book. The members deserve complete transparency from the board, you shouldn’t have to ask, Face Book is a closed account, for members only, no reason to hide anything. Unless there is….

So far since Eric Hale took over there has only been a couple of ways to get his attention:

I retained an attorney once to advise Eric B. Hale of his misunderstandings of our documents.

The second way was that DOT had to threaten him by moving a large concrete lane divider into their right of way to seal a breach in the fence that Mr. Hale approved to create an ATV gate. This was done because all the members with ATV’s were leaving the South gate open. That nearly cost us thousands of dollars. That was pure BS we all knew who was responsible for the gate and it stopped as soon as that family moved out. 

Recently I contacted the Attorney General’s office and they directed me to the state civil code that regulates how HOA’s have to be run. These laws were written so that trustees have guidelines to follow and they just can’t write and do what they want. Has president Eric B. Hale violated several of them? Yes without a doubt.. State laws do over ride HOA documents.

To look these up just enter Utah Civil code and the number.

57-8a-102 Definitions.
57-8a-208 Fines
This requires the board to issue a warning letter before they can issue a fine.
57-8a-212.5 Compliance with governing documents.
57-8a-213 Board action to enforce governing documents
57-8a-214 Fair and Reasonable Notice
57-8-15 Bylaws.
57-8a-215 Budget
This dictates the process of the annual budget.
57-8a-216 Association bylaws
Dictates what is to be included in the bylaws and that they are required to be filed with the county.
57-8-17 Records-Availability for examination
57-8a-217 Rules
How they are to be approved and adopted.
57-8a-218 Equal treatment under the rules
57-8a-226 Board Meetings, Open Board Meetings.
Requires among other items, 48 hour written notice to all members.
 57-8a-227 Records.
This dictates what is available upon request by members.
57-8a-228 Organization of an association
57-8a-229 Liability of declarant or board of directors
57-8a-301 Lien in favor of association for assessments
57-8a-302 Enforcement of a lien
57-8a-402 Applicability of part.  Insurance
57-8a-403 Property and liability insurance required
Property insurance when available.
57-8a-502 Period of administrative control
Non-Profit Corporations act.
16-6a-1601 Corporate records.
Types of records that need to be maintained by the board.
16-62-1606 Financial statements.
Disclosure of those statements to members.

If you take the time to read some of these it won’t take you long before you see just how many violations there have been by this board. Especially when it comes to equal treatment of the members.

We need a president who doesn’t need a map to find his way to Pine Plateau once or twice a year.

A few months back I was making fun of the board for counting trees, but now they have actually gone to each individual lot and photographed everything so they can see what changes have been made and if there are violations of the documents. I find that a little intrusive, hopefully they didn’t trespass or that will be another matter.

Also, I have three cameras installed on my property. The cameras cost me $60.00, a piece, they are motion activated and they track.  wi fi is $50.00 a month. That’s nothing compared to the enjoyment I get watching the animals and seeing what the weather conditions are really like. We could and should have cameras at the gates, would be well worth the money.

 Have a good safe summer.
 

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June 6, 2022

Dear Pine Plateau Property Owners Association Member

My Opinions

The Pine Plateau Property Owners Association annual meeting for 2022 will be held on Saturday, June 25th beginning at 11:00 AM at the Thorpe Cabin Lot #318.  We are looking forward to getting together again as a group to discuss Pine Plateau Estates and the opportunities we have to improve our community going forward.

The Utah Civil Code for not-for-profit community associations requires annual meetings. So once again this proves the board knows about the Utah civil code. Why is it then that they violate some many of them? I’ll be posting them here soon and you can see for yourselves. Many of the items on the agenda are connected to requirements in the code. One of those is the presentation and approval of an annual operating budget. This is the primary statutory purpose for annual meetings. 

Historically our annual meetings have also provided a forum for the discussion of matters of concern to community members and to keep abreast of issues that have the potential to impact all property owners going forward. 

If you have a particular item you wish to discuss that impacts our community, please give one of the board members a “heads up” so that we can be prepared to have a useful conversation and make sure we allow time on the agenda. Thank you in advance for your input.  If it is an individual matter, we will not spend time in the meeting but will welcome discussion afterwards.

One of the major items of business will be the election of board members.  This year we have two trustee or board positions that are open.  We would like to thank Glen Passey and Bill Thorpe for their service to PPE over these many years.  The governance of our community is made up of 5 volunteers from the membership that serve the community without any compensation.  We encourage all to take the opportunity to serve. 

If you cannot attend the meeting we have provided a proxy form that you can assign to someone who does plan on attending. These forms will need to be turned in prior to the beginning of the meeting so that your preferences can be recorded.

Please submit your nominations to Bill Thorpe within two weeks of the date of the meeting so that they may be adequate consideration by all members beforehand.  Updates will be posted on the PPE Facebook page.

The annual dues will remain at $60.00 per lot.  We have built up a reserve in our account that can be used to continue to provide those services that benefit the community.  A copy of the proposed budget and financial report is included with this letter.

Community Rules and their enforcement will be another topic discussed.  It remains a challenge but we have made progress in some areas and have issues in others.

Access to the Bear River will once again be discussed as it has once again become a major topic.  There are many stories and anecdotes connected to River Access but we can only go by what is on the recorded plat maps of Pine Plateau Estates and any subsequent legal rulings.   Simply put, there is no blanket access to the Bear River given to owners of lots in Pine Plateau Estates. That’s only now because of the quit claim deeds that are questionable at best.

With that said there is a recorded 20’ wide right of way that goes all the way to the river on the Southwest end of the project.  This right of way was provided so fire fighters and residents could draw water from the river for culinary use.  As many of you may know, water wells were not allowed back in 1962 when the plat maps were recorded.  So the ability to gather water back then made sense, it doesn’t anymore.  That’s not quite true. Show me any document that says anything about gathering water or the fire department, fire departments do not need permission, they can get water at the closest possible point. There is nothing in the original covenants concerning the riverfront property. The only document I’ve able to find are the original plot maps. Every one of those areas referred to as common areas were put there for all members to use and for access to their cabins just like the frontage road. Granted the river has taken a lot of it to the point where the north end lots 201 through 212 aren’t even legally accessible now. This is a board matter and when we have a board that doesn’t have a conflict of interest in the matter it should be presented to a property rights attorney.  Read the last set of minutes from the board of directors and my opinions and look at the map. I think there is only one logical outcome.

However, the right of way still exists.  But it is only 20’ wide. On either side is private property and these boundaries are unmarked.  In any event 20 feet is not wide enough to turn most vehicles and parking or blocking any right of way within PPE is a violation of the Rules.  So don’t drive to the River.  These rules will be enforced.  Can the rules be enforced on the riverfront property, this also needs to be clarified, is it PPE Property of not?

We hope to see all of you at this year’s annual meeting and look forward to the opportunity to discuss our community in and open forum again.

Sincerely,

PPE Board of Trustees

Eric B Hale  ebhale@yahoo.com
Eric Mandwr ericmander@outlook.com
Cody Lawlar  clawlar@gmail.com
Glen Passey  glenpassey@gmail.com
Bill Thorpe  wlthorpe@outlook.com
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PPE Notice
Friday, December 31, 2021
My Opinions.

I’ve been watching face book concerning the plowing of the South gate.  Where is our board of directors? Why aren’t they involved in this? Seems like they have all quit on us months ago.  All you have is the wives of two of the board members doing the best they can.  Why would you hire someone and pay them more than the budget allows? Maybe the board should pick up the difference.

The one big item members don’t seem to realize is: That property between the gate and the highway belongs to DOT.  The board is only responsible for maintaining a driveway from both gates to the highway. There is nothing in our documents that makes it a legal expenditure to do anything in that area including snow removal or any roadwork. This is an item that can’t even be voted upon.

In our documents: Recital A: it’s very clear that the project is only what is on the official plot map, It’s the same problem with the private roads/driveways in PPE and why members money isn’t used to maintain them.

Technically (I think) using the members money to plow snow outside the gate except the two driveways is misappropriations of PPE funds. The money that is paid in dues goes to maintenance inside Pine Plateau property.  So when members start talking about raising the dues just to cover snow removal that only benefits a few members and violates our documents then something needs to be fixed. As soon as that was mentioned my email lit up.  Years ago we did a survey of how many members actually use their property in the winter, there was less than twelve. I don’t know how many use it now but I’m pretty sure it’s a minority of the members.

Don’t get me wrong, we have a long history of keeping a space for the members to park in the winter and I’m not opposed to that. But again its DOT property and you can’t keep anyone else from parking there no matter what those bogus signs say. I only see a couple of possible remedies:  #1 some kind of amendment to the covenants that somehow gives the board permission to use money for that specific purpose that is outside the project (actually the whole document needs to be redone). #2 Do like some have done with the wells; the members that use it start your own fund for snow removal. #3. Has anyone thought about approaching the owner of lot 302, it’s already been completely cleared of trees, maybe rent it and keep it plowed for members to park during the winter months?

It only takes one member to have a problem with this and you’re done.

Thorpe is the one who constantly says “We will go by the numbers” this is what the numbers say.

Section: 12.1” Enforcement: Violation of any provision of the Project Documents may be enforced by the Board or any Owner as a private nuisance. The prevailing party in any court action shall be entitled to an award of costs and reasonable attorneys’ fees.”

These documents were voted in by a majority of the membership. Ironically, I told Hale about all the problems he would eventually have with the documents, he agreed and then did it anyway.  I’ve been saying for years that these documents are not designed for a cabin community, with all of the new members it’s time they had a say in the covenants.

Wouldn’t it be nice to have a current copy of our finances/expenditures on face book so the members could see where our money is being spent, not just allocated for, spent and paid to whom.

These board members are only in these positions because of you.  Some of these board members have been on since 2012. Time for a change. Maybe someone now will step up and take a turn. It’s not a hard job if done right.​

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PPE Notices
Sunday, December 26, 2021
Merry Christmas and Happy New Year

Snow removal:   I noticed today members commenting on the snow removal at the South gate. The only person I know up there who has the time and the equipment wrote to the board members over a month ago. High Unita Ventures is across the street from the lodge and the owner/operator lives on site. The last time I spoke with him (12/15/21)  the board apparently ignored his proposal. Looks like they may have hired someone else who lives in Evanston and possibly works at the lodge. Good Luck.

So who would come into Pine Plateau either through the gate with a key or just climb over the fence, come onto someone’s property and cut down a large healthy pine tree? That happened earlier this season. Be careful about who you are talking to about previous members.

Face Book: I thought the board members were supposed to keep the members updated on what they were doing. Maybe they are, the only thing they did this past year was repair the roads and they wouldn’t have done that without the members leaning on them a lot.

I have looked everywhere on the face book page and I know the Pine Plateau documents used to be there.  They disappeared just after I did a comparison between the 2003 and 2013 documents. Guess they just don’t want anyone to see them. How are the new members supposed to know about the covenants and rules? I doubt the board has ever sent them to new members but you sure get hit quick with the $100.00 for buying in PPE.

Minutes: No board meeting minutes since 10 June of 2020 and no annual meeting minutes since 30 June 2020.

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9/11/2021
Dear PPE Board and Community Members· ,
I am writing on behalf of lots 4,5 and 232 concerning private land access and vehicle traffic along the river front.

So that we are all on the same page, it is necessary to restate that owners of the private riverfront land are the only members who have legal access to the river and have legal right to restrict access to their land which is required to access the river. PPE has never owned the water front land. It has always been owned privately. These are not disputed facts. To the extent that you may have been informed otherwise, it is unfortunate. Merely owning a cabin or land in PPE does not grant one access to the river within our community.

In June 2013, in an effort to be neighborly, Mr. Lyons proposed allowing community members access to the river through our land, IF they would leave their vehicles at the top of the hill and walk down to the river. This was agreed upon for two reasons. First, because the road is narrow and there is no space to park additional vehicles. Second, owners of the water front land purchased their lots (and the water front property) specifically for their location and privacy along the river. We come to our cabins for the same reasons many of you do. We want to get away from the hustle and bustle of the city and enjoy the tranquility of nature. A letter was draft in June 2013 and signed by lots 1, 2, 3, 4, 232 allowing access under these conditions.   The increased vehicle and human traffic impedes the enjoyment of our properties.

Unfortunately, for many years, members of the community have not been following the guidelines, nor are they respecting our land. Not only are members not leaving their vehicles at the top of the hill to walk down, but they have been seen altering the landscape and leaving their trash, fishing gear and dead fish that smell bad and bring swarms of flies near the river entrance points. The increased vehicle and human traffic impedes the enjoyment of our properties.

There have been many attempts through the years to remind members of the required conditions for private land access including , but not limited to a letter to the board which was ignored, signs posted, verbal reminders and now cameras installed. Members still refuse to comply with the stated conditions, which makes our stay at our cabins less than enjoyable. We DO NOT want to spend the limited time we have at our cabins policing PPE members on what is required to access our private land.

EFFECTIVE IMMEDIATELY, previous permission that was granted by us in 2013 is withdrawn.    PPE members do not have access to the river through the private river front property we own. We know this will be upsetting to some members, however we remind you that we are in a forest with a vast amount of unrestricted public access to water. You have options. We have concluded that it is unrealistic to expect a few lot owners to provide and police river access to over 100 members in the association. It is untenable. Again, there is an entire forest with public water access to which you can drive your vehicles. This change will not inhibit your enjoyment of nature.

Be advised, in order to remind members that land access is private, we will be installing a rope, chain or gate at the bottom of the right-a-way. There is not space to turn a vehicle around which will require vehicles to reverse going up the hill. To avoid such a situation, and to reduce the potential for road damage the HOA would have to repair, you may choose not to drive down the hill.

While the overall situation is regrettable and unfortunate, we believe the members of this community to be forbearing, law abiding citizens. As such, we thank you for your cooperation and understanding.

Sincerely,
Lots 232, 4 and 5

Notices
My Opinions
Sunday, September 12, 2021

I don’t think there is any doubt about who owns the property along the river. Summit County has it all titled and filed.

In the 60’s when PPE was put together by the MacKay’s I think they intentionally stopped the two roads going down to the river knowing that the cabin builders would build their own driveways to their lots. The South Road stops at lot 232 and the North Road stops at lot 332 but was supposed to continue north to several lots that are currently landlocked.

I get tired of the noise just like everyone else, but I can’t stop members from using the roads near my cabin. Roads are designated as common areas for all members. No member or board member can stop anyone from walking, riding, or driving on those prescribed roads. But at the bottom of both those roads that go down to the river you have to stop, you will be trespassing if you go any further. The members down there have the same rights to keep people off their property if they so desire as any other member. So, I’ll say it again, what’s the point of going down there? I get better photos of the river and countryside from up above.

Wouldn’t it be nice if we had a board that could see this is a problem and get involved? All I’ve heard so far is rumored threats of law suites, for what? 
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​Notice
Pine Plateau Estates

8/29/21

These are my opinions and I have done my best to search Summit County records and maps.

I keep looking at our maps concerning the two roads that go down to the river. Both are on the official plot maps as roads that members can use, and they are to be maintained by the board. When you get to the bottom of the hills on both you run into private property and from that point on you are on someone else’s property. So, what's the point of even going down there? There has been a lot of talk about river access. There is a section on the plot maps that lies between the Pine Plateau lots and the river, it's also marked" private right of way" just like our roads. In about 2004 a lot of that property was purchased from the original owners, and some were sold to the respective lot owners. From lot 3,4 and 5 and from 201 to 212 and 232 are privately owned. Regardless, you have to cross private property to get to the river and in doing so you are trespassing. Another problem with that property between the lots and the river is: there's not much of it left. I was there when it was surveyed, and that surveyor told me that his original survey markers are now in the middle of the river. The river has doubled in size since the 60's some of those lots were only .10-.11-.13 of an acres, can't be much left now. Again, what's the point of going down there? There's a good chance that the property was labeled that way to take into account the river expansion over the years. They need no trespassing signs at

the bottom of the hills where the right of way ends and private property begins. The board cannot dictate who uses the roads that are designated as common areas in the covenants and on the Summit County plot maps just like the members can't dictate who rides atv's down there. Thorpe just confirmed on face book that the south road down to the river is a designated ppe road. Those property owners have complete control over who they allow on their property just like any other member. Summit County will not help us with any legal questions. Maybe the board should get a ruling from Uinta Engineering and Surveying Inc. I'm sure they have all the original records and can define some of the symbols used.

(1 Photo)

Dumpsters: I’ve seen the dumpsters overflowing and seen the comments. I’ve also seen couches, chairs, TV’s, ceiling tiles and all types of building materials. If somehow the members would only use it for personal garbage and take everything else home we wouldn’t have that problem. Also, what I have never seen is anyone coming in from the highway to use our dumpsters.

Face Book. Did you like the big bold black type concerning the road repairs? It was like we’re getting it done, get off our backs. To their credit this may be the first chance to schedule the repairs.

I am happy to see member’s starting to post more, especially about the cows; for sure the board wasn’t going to do anything.

Also on face book I looked everywhere and could not find the governing documents or even the rules, pretty sure they used to be there. Check with Mr. Thorpe if you need a copy.

Signs: Every member should be aware that the “no parking” signs at both gates are just an empty threat. That property belongs to DOT and the pine plateau board has no say as to who parks there. What the signs have done have caused people to park on the highway or in manor lands lot and come through our north end fence’s, quite a bit of damage has been done.

Thanks to the members who tried to fix the large hole in the fence by blocking it with branches, it’s pretty obvious the board doesn’t seem to think they are responsible for repairs. Actually not only was it part of the agreement with DOT that we maintain them, it’s also in our own documents.

We are the only HOA in our area that doesn’t have cameras. They don’t have to be there to spy on people but wouldn’t it be nice to see what the road conditions are in ppe.  And yes they would help with security. I may look into  doing it just for this web site.

Sooner or later you or your guests may need emergency help. Are your cabin and lots marked to help EMS?

Lot numbers, the address’s that summit county hands out won’t help anyone. I make sure that EMS has current copies of our maps every year.

My opinion:

Board members of the future:

You have to be transparent in everything concerning PPE.

The best deterrent to members not following the rules is to let members know what actions have been taken, no lot number, no names, just dates, what the violation was and what action was taken.

You need to meet and provide minutes more than once a year. (Where are the minutes for the 2021 annual meeting?)  Is our board having meetings that no one knows about?

Keep members up to date on expenditures, the last secretary let me post each check that had been issued.  We need new covenants that pertain to a cabin community not condos, or at the least amend the current ones to bring them into line. You shouldn’t have to have a face to face meeting with the board just to cut down a dead aspen tree. That’s just someone’s ego trip.

I and the other board members put together the 2003 documents and I think I could rewrite these to where no one would have any questions or problems with them.  The covenants need to be generic documents, nothing in it that may need to be changed, which would require a vote. Those items are for the rules and bylaws.
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Notices
Pine Plateau Estates
6/20/2021

Sometime in the near future I would like this web site to go back to do what it was designed for and that is for the board to post whatever they need to and to keep the members advised of our finance’s, how is our money being spent, who too and for what, not just lumped into a category where you don’t have any idea.  What problems need to be addressed and most of all what the board is doing when it comes to enforcing the rules, no names, no lot numbers just when, the offence and the penalty, that in itself would be the biggest deterrent to members violating the rules. 

There is five miles of DOT right of way fence between us and the boarder, all of it that I can see is in better shape than ours. In the over 20 years that I’ve been a member it’s never looked this bad.

Some member actually blocked a large hole with some branches to close it up. The far north end has been pretty much destroyed by people who park close by and come through the fence to visit someone in the North end.
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I heard that the board is still thinking about using speed bumps to slow the ATV’s.  From my experience people tend to speed up more after the speed bump, used to be one of my favorite places to run radar. The first time a member or child or guest hits the bump at 10 mph and loses control, guess who is paying for the damage.  The board has no way to estimate the speed at the time the bump was hit. I still think they will be used as jumps and cause more problems than before. I’ve been up several times already this year. Haven’t seen much speeding in the North end, but I have seen a lot of kids with no helmets and a lot of adults with two or three children riding on the back.

So the meeting is this next Saturday, don’t know if I can make it or not. With Hales stock answer being I don’t know, I wouldn’t expect much. I’ve already spoke with more members who are not going than are. I would hope that someone would ask them why they haven’t repaired the fences, not only was it part of the settlement with DOT it is in our documents that the board is responsible for the upkeep of the fence. 

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PPE Notice
Friday, April 16, 2021
Covenants: Section 1.12

“Improvement(s)” means any improvement now or hereafter constructed at the Project, including but not limited to any (a) home, building, guest house, other accessory building, fence or wall; (b) any walkway, garage, road, driveway, or parking area; (c) any mailbox, sign, shed, covered patio, stairs, or deck, (whether or not affixed to a structure or permanently attached to a Residential Lot); (d) any radio or television antenna or receiving dish; (e) any paving, exterior  lights, trees, shrubs, hedges, grass, windbreak or other landscaping improvements of every type and kind; (f) any excavation, fill, retaining wall or other thing or device which affects the natural flow of surface water or the flow of water in a natural or artificial stream, wash, or drainage channel, and related fixtures and equipment and (g)  any other structure of any kind or nature.

This is the 2003 Covenants section concerning Architectural Control:

“The Architectural Control committee will consist of the Board of Trustees or their designees.  All plans and specifications for improvement upon the Estates shall be submitted to the Board of trustees for approval prior to submission to Summit County for a building permit.  No structure including fences shall be constructed, place, altered or permitted on the premises until the construction plans, specification, and a plan showing the locations of the structure have been approved by the County. Approval shall also be obtained for the quality of workmanship and materials, harmony of external design and existing surroundings structures and the locations on the lot with respect to topography and drainage ways.  Such approval must be obtained from the Board before and construction begins; this includes the setting of a septic tank and the drilling of a well”.

So which one would you rather have? This section like the 2003 covenants was written after reviewing all of the other HOA cabin communities that I could find.

Do you see just how ridiculous this section in the 2013 covenants is concerning our cabin community?  I wouldn’t buy into any HOA that had rules like this and this is just the tip of the iceberg. 

Covenants should be a generic document that has nothing in it that might need to be changed at a later time. That is what the By Laws and Rules are for. At the time this was written I had that conversation with Hale and he agreed with almost everything I wrote and then didn’t make any changes. This document probably would have not been voted in if not for the board approaching members and telling them how much they needed this document to be voted in. 

Fact: there was nothing wrong with the covenants that we had, we lost them on one Judges Opinion concerning a voting problem with that stemmed from the original covenants in the early 60’s. They had already been through the system once over a member who refused to pay his dues and they were found to be a legal document then.   Fact: the judge commented that the courts could have not written a finer document, then why did Hale want to start from scratch? Not even sure if he knows. That cost the members about $9000.00

For years the board not only ignored the documents, they violated them several times and were never really held accountable. Probably the closest they came was in the annual meeting in 2017 when Hale answered “I don’t know” when he was asked why the board did nothing for eleven months about a member who they had given a fire permit to that didn’t have a well. They would have continued doing nothing if there had not been a fire.  From day one when Hale started the board did nothing about the South gate being left open even with photographic evidence. The board knowingly allowed a member to add on to his cabin without consulting with the board or even obtaining the proper county permits.  Then they breached the right of way fence for ATV’s stating that it was the members riding ATV’s that were leaving the gate open. DOT promptly made him close the fence which he didn’t do till they threatened to drop a concrete barrier in front of the hole.

Now the board wants to follow the rules to the letter. They must be notified if an aspen is cut down.  Sounds a little power hungry to me. Where does the board go to get permission to make an improvement? The rest of the board approves it, that’s a conflict of interest. Next will be thorpe riding around taking photos so he can count the trees on each lot. I can’t find anything that says you must meet in person with the board to make inprovements.

Section: 11.2 allows for amendments to be made to the covenants with 51% of the membership voting in favor of. 

Section: 3.5 states that the board is responsible for the perimeter fencing.  Yet there were large holes in it when I left last year and it needed to be tightened up in several places.

Section: 8.2 you must have insurance on your lot including general liability.

Section: 12.1 Violations can be enforced by the board or any member.

Section: 12.6.2 Violation of the law is a violation of these articles. Like not reporting a member adding onto his cabin with no permits?

Bylaws: Section: 7.04 any member of the board may be removed with or without cause with a vote of the remaining trustees.

Section: 7.06 after each annual meeting the board must hold a meeting to elect the officers. They haven’t done this since hale first took office.

If I’m not mistaken state law allows for the majority of any home owners association to remove elected officers at any time with 51% of the membership approving.  This actually happened a few years ago, a petition was started to remove a board member but he resigned when he heard about it. I’ve got three votes to remove thorpe, hale, passey and mander.

I don’t remember the board ever saying Happy Holidays or Merry Christmas to any of the members on facebook.  So imagine my surprise when I got an email from one of them saying exactly that only to find out that board member had been hacked. I should have known better.

Face book is there to keep the members informed yet thorpe hasn’t posted anything since 20 August 2020.

The best deterrent to let members know that the rules are being enforced is to post what violations have been addressed. No names, no lot numbers just the violation, and maybe the date of and what the penalty was. 

Did you know that Manor Lands and Uinta Lands both have cameras for their members? Their members can see in real time the weather and road conditions and they would certainly help with security. Just doesn’t seem like it would be that big a deal to mount cameras at both of our gates and maybe one that could be moved around to cover trouble spots.  One time purchase of the cameras and a small monthly power bill. Wi Fi would probably be needed.  We already own one camera.

Fires:  I suspect there is only five or six member with fire permits. Why? Except during the winter months you only have a few weeks to have a fire during the summer. Time to vote on fires again, they are not safe in a cabin community.

Last year I had a bear in my back yard in August, saw lots of photos of Cougars in the river bottoms. Please check outside before you let the kids out to play. Spring time brings baby animals and the moms are extremely protective. This fall when the cows come back in let’s see if the board does more than make smart comments. Those cows do a lot of damage and we are lucky no kids have been hurt.

 We have lots of new members so I will be sending out postcards soon to make them aware of this site.  Have a fun and safe summer.
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Pine Plateau Estates Notice
Monday, September 21, 2020

Signs:

There is a new sign I hadn't seen or heard about before. Entering the South gate and going downhill on Pine View passed Deer Run about half way down the hill is a sign that says no motor vehicles foot traffic only.

I was on the board when we had that area surveyed. I took photos of the new markers before someone pulled them out. Pine Plateau property goes down to about 10 to 12 feet from the river; in fact the marker was even with the door on the Kunz cabin lot 232. All of the roads inside Pine Plateau on the official plot map say private right of way, that one is no different than the rest. We pay to have the road maintained down to the bottom of the hill. There is no legal reason why the board should post a sign half way down the hill other than a board member has a cabin in that area.

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No parking signs in both parking lots:

These are not legal and the board knows it. That property belongs to Utah DOT; the  board has no right to limit who parks there whether we pay to have it plow or not. We had the same problem that developed into a lawsuit with DOT. We are only responsible for the width of the gate out to the highway. No one is going to issue any citations and if someone does decide to  call a wrecker to remove a vehicle the board will have to answer in court and we will probably lose what parking we have now. (The board will not be indemnified by our documents if there are any problems due to the signs not being on PPE property}. I'd be willing to bet that the same members who complained this time are the same ones that did before.

I'm sure that the members paid for these signs, I think we should be reimbursed.

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Trespassing:
Again, we shouldn't have to put signs to keep people off our property. If you aren't on the roads or your property you are on someone else's.

Anyone recognize this person? He parks at the south gate and walks west, don't know if he is a member or just someone checking out what is available to steel.

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Fences:

I ride the frontage road quite a bit and I've notice more and more areas where the fence needs to be repaired. I know people climb through it on the north end, coming into visit from manor lands. Other areas are deer I've seen several climb through. There is one large hole that has been there now for at least a year I've a lot of deer come through it, it's about 4 feet wide, kind of hard to miss.

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Cows:

Heard several members complain about the cows and the damage they do. This is becoming to be an every year visit. Why isn't the board doing something other than making remarks on face book that don't help.

We do pay taxes and get pretty much nothing in return so why no call Summit County animal control

and ask them to help. Phone# 970-665-8600. If they won't help:

Utah Cattlemen's assoc. 801-355-5748

From what I hear the animals are owned by Two Bears Land and Grazing Company.

Address: 10 East South Temple #850, SLC, Ut. 84113. Interesting fact: there are over 250 businesses associated with that address and I've checked all the sources I could find and couldn't locate a phone number.
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​Pine Plateau Estates
Notice.
Monday, June 15, 2020

I mentioned trespassing last time. If you and your guests are not on the interior roads or your property or have permission, then you are trespassing on someone else’s property.

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This young man spent a lot of time on my property walking through my camera traps on Tuesday 2 June 2020.

The other problem is dogs running loose. Unlike a lot of members I get a lot of wildlife on my lot, thus the camera traps.  We have already had one case of dogs harassing wildlife in the past. The deer and moose can smell the dogs and won’t come back in for quite a while. Please control your animals. Photos were taken 30 May and 1 June 2020.     

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There was also an adult with a wyoming tee shirt and another child with the dogs.

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Notice
Monday, May 18, 2020

Highway 150 from Evanston down to the lodge is almost always open during the winter. 150 from Kamas is closed at Soapstone five to six months every year, the state tries to have it open by Memorial day but sometimes there is just too much snow. Right now there is still over three feet on Bald Mountain pass. There are DOT cameras at Bald Mountain pass and at mile marker 50 which is just north of us which are always accessible to show weather and road conditions on the highway. You could also go to the Bear River Lodge web site and they have cameras in there parking lot and a link to KSL weather.  Our roads in PPE tend to stay snow covered a little longer due to all of the trees.

Does anyone know where the camera is that the board bought a few years ago? The board bought it to find out who was leaving the South gate open all the time. They also said in the annual meeting that it could be moved to any trouble spot that we might have speeding problems. It was only in use a couple of weeks and then disappeared.

Wouldn’t it be nice to have a camera mounted near the South gate; it would provide security, weather and road conditions inside PPE. It could also see if people other than PPE members were using the dumpster. It would take a dedicated power meter which would be a nominal monthly bill    and probably a member close by with wi fi.

The annual meeting this year I think there are three board positions Mr. Hale who personally told me he was suckered into the position and has treated it that way ever since. Mr. Mander has been on the board also for multiple terms and Mr. Lawler who has been on the board for one term.

It’s time for a change folks; Mr. Hale has virtually done nothing over years except look the other way for his friends and violate the very documents he pushed through.  Our documents were written for condos and residential housing not for a cabin community. There is so much junk in there that does not apply to a cabin community and Mr. Thorpe and Hale are using them against us. Again there is still a question of our documents validity due to the inordinate amount of time it took Mr. Hale to file them after the vote. And like Mr. Hale said once, if the documents aren’t valid than neither are the rules. We went for a whole year with no rules in place at all.

It’s time to take your turn and help run Pine Plateau the way it should be. Have more than one meeting a year. Keep the membership advised of our financial situations, what is being spent for what. New members and new construction, all of this and more should be on face book. Board members should be accessible and not hide their phone numbers. They need to be notified  if there is an accident, a fire or a major rule infraction and unless you have wi fi it can’t be done.

I was there last week, really quiet for a couple of days then the atv’s started. 10 miles per hour is basically a brisk walk, when you see dust plumes behind them and can hear them sliding through the corners, you know they are speeding. Please go across the street to race.

The annual meeting is coming up; please remember your social distancing.

Be safe, there are photos of a cougar in PPE just a few months ago and I found a lot of bones on 420.

And remember if you’re not on your property or the roads you are probably trespassing.

When voting please remember the fire of 2016 that Hale, Thorpe, Mander and Passey were responsible for.
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Pine Plateau Estates Notice

Wednesday, October 16, 2019

On the last member letter did you notice that the board took their phone numbers off?  So when you have a problem at PPE you will have to wait till you get home to send them an email. As long as I can find their phone numbers they will be on this web site.
The lights at both gates are nice; personally I never had problems using my headlights to unlock the gates.  Some members may think that it just calls more attention to our cabins.

Like I said before, vote for the current board members if you want to have our documents used against us, no meetings, no minutes, maybe something on face book three or four times per year. Four of these gentlemen got caught at the 2017 meeting concerning the fire in July of 2016. I had hoped that they would have been embarrassed enough to step down. They have broken so many of our rules since Mr. Hale took over that they are hard to count. Letting the south gate be open for years when they knew who was doing it.  Breaching the DOT right of way fence nearly costing PPE thousands. Letting member’s add on to their cabin without county permits.

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Monday, May 6, 2019

I got a bill the other day from the board for $100.00 for purchasing a lot last year. I knew it was coming but knowing Mr. Hale and how he puts everything off I had forgotten about it.

The bylaws do state that if a lot passes from one person to another there will be a charge of $100.00. The documents don’t say what the purpose of the surcharge is; all the board has to do is change from one owner to another in the computer, probably takes a minute or less. Makes me wonder about all the lots that have been changed from owner’s names to family trusts. Mr. Hale didn’t even know that section was in the documents until a couple of years ago.  Not one member of PPE except for the board  had any input in the creation of this document.  The bylaws are the rules that govern the day to day operation of PPE, members should have been able to discuss and have some input. The bylaws like the covenants were cut and pasted from condo documents and most of the information does not pertain to a cabin community like ours.

When it comes to the money paid into PPE, members have no idea where it is being used. No financial documents, they should be posted on face book at least every quarter. You can make an appointment with the secretary so you can view them. No board meetings or minutes. Look at other communities around us like Manor Lands, their web site is what this board should be doing.

It was nice to see photos of the roads and conditions in PPE; Manor Lands doe’s that almost every day. Where is the camera that the board bought and was going to move around to problem areas.  Wouldn’t it be nice to have it on face book showing the South gate, parking lot and the road conditions. Did they spend the member’s money on something that can’t be used?

I get from 300 to 600 hits on this web site every month. I don’t know how many members look at it due to it being open to the public. Thanks to the members who do look once in a while and for the nice comments. I try to keep all the information updated.

Four out of our five board members are responsible for allowing the south gate to be open for years even though they had photographic evidence of the family that was responsible, no action was taken.  These men also breached the DOT fence to create an ATV gate saying that all the members who had ATV’s were responsible for the South gate being left open, wrong. That nearly cost us thousands from DOT. And last but know least the board knew about a member they had given a fire permit to that did not meet almost any of the requirements, the biggest being  no well. They knew about these facts eleven months before there was a fire at that lot that could have taken out a lot of cabins if not noticed and the fire department called.  

No board meetings, no minutes, no financial disclosures,  If this is the way you want PPE to be continued to be run then come to the meeting and vote for the same board members. If not, then run for office and let’s some transparency for the members. 

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Friday, March 1, 2019
Notices

No board meeting or minutes since: 31 May 2018

Face Book:  Is the board really keeping the members informed about what they are doing.  Looks more to me like they have gone underground.  Our financial documents could be published to the members every quarter. Did the board spend any money this past year to fix the fences, and who did they hire to clear the South parking lot and how much was he paid? The board states now that they are going strictly by the documents which actually state “These documents shall be available upon reasonable written request of a member or eligible mortgagee at the location where the same may be kept by the board”. That’s just one of several reasons why I didn’t vote for them and why they need to be updated. Probably a third of our covenants don’t apply to cabin homes, they were just cut and pasted from condo documents. 

I recently noticed that several lots are for sale in Pine Plateau. I think all of the lots were owned by the Corry family except for lot 327 which has been sold. These lots are the size of most of the lots in PPE; KSL classifieds has them listed from $26,000 to $29,900. Lot numbers 313-325-326-327-328-329.

 FYI: I paid $14,000 for lot number 411 just a few months ago.  With the new building codes, building on ½ acre is pretty much impossible.  There are new restrictions about having a well and septic tank on the same lots. If you are considering building on one or more of the lots, check with Summit County first.

It was nice of Mr. Thorpe to post a photo on my name next to the pile of wood that Summit County didn’t chip. Apparently it didn’t meet the requirements.  He didn’t say anything about the piles that were on either side, that were just the same and were chipped. My opinion, I think he’s being a little vindictive because the board got caught being responsible for the fire in 2016.  There were several piles of wood that Summit County must have thought didn’t meet the requirements including Mr. Hales.

With the big push to clean up the dead wood and the fact that Summit County won’t chip the small wood,  Instead of wasting money on road base that is gone two weeks after it’s laid down, why doesn’t the board hire a crew and chipper and do the small wood. It burns just like the bigger wood only faster.

Thanks to Mr. Evans, he came in and took down a couple of dead trees that I had and then he piled all of the smaller pieces near the road to be chipped.

Can you imagine someone lighting off fireworks inside Pine Plateau in July. I didn’t see them, but I heard them. One of my guests at the cabin did see them go off.   I noticed in the Manor Lands web site that they spoke about fireworks that were seen just outside of Manor Lands, good chance it was in PPE.

Things were really nice up there this past summer, The only real problem I noticed was the number of cows that came in and stayed for several days. I don’t know if they did any damage but it sure wasn’t safe for kids to be out playing or riding ATV’s.  The board should be able to locate the owners by contacting the Forest Service and having them removed next time.

It’s really time for other members to step up and take their turn on the board, Like any other group of  members ,you always have some that just don’t care,  if someone else wants the job, no matter how bad at it they are then let them run PPE, we’ve proved that  doesn’t work.  PPE could be easily managed by three board members, President, Secretary and a Treasurer.

Have a nice and safe summer.

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Monday, June 4, 2018
PPE Notice

I’ve heard that the atmosphere at Pine Plateau has completely changed for the better since a certain family moved out.  No more high speed ATV passes at three in the morning, no more thefts and the South gate is closed all the time.

Mr. Thorpe just wrote about a key that was broken off in the South gate lock. Those keys were designed so they wouldn’t break over time.  Keys have been broken off in the locks before but there is little doubt that it was intentional by a member who was always looking for an excuse not to close the gate. That member no longer lives or owns property in Pine Plateau but there is no doubt that he got away with several keys. I’m betting that there is a better than average chance that the same person did it again just to show the board. Also it happened about the same time there was some minor damage done to my cabin.

Manor Lands is in the process of changing their gate keys. You can only go for so many years with the same keys that for security reasons they must be changed. How many keys do we have out that can’t be accounted for?  We’ve lost a lot of members since the new gates went in. I can think of at least two members who are no longer with us that had over a dozen keys each. Can you account for all of yours?  Maybe it’s time we looked at a change.

I just did four days at Pine Plateau. First thing I noticed was new road base on our roads. It wasn’t there the last time I was up and the roads looked in good shape then. So why did the board spend money on road base when they just spent $14,000 on the roads a couple of years ago. And why didn’t they tell us on the face book page. My opinion, this board is spending our money just so they can say they did something. There may not be any of it left before some of you get up there.

Chipper dates. July 31 and August 1st.  This is the only freebie that we get from Summit County. Everyone should take advantage of it. It’s the easiest way to clear your property of the dead wood and alleviate some of the fire damage.

FYI
I recently was in contact with Environmental Health Scientist from the Summit County Board of Health. He stated that the code now states that there cannot be a well and septic tank on a lot this is .5 acres. There are some variances but no guarantees that it could meet the requirements. If you intend to build on a lot in Pine Plateau please check with Summit County and the Board of Health before you make any investments.

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PPE Notice
Friday, January 19, 2018

There have been no board meetings since 16 Oct. 2016. Things must be going pretty well for the board not to meet for over a year. Seems like they may have adopted the philosophy that if they don’t tell anybody what they are doing then they can’t get in trouble. Mr. Hale once told me that the board could not take any action at all without having met first. Since Mr. Thorpe said they were going strictly by the book from now on, maybe they think they don’t have to have meetings because it’s not in the documents. That’s one of the many reasons why I didn’t vote for these documents. They very well could be having secrete meetings without telling the members or even keeping minutes. Of course that would be highly unethical, but look what this board has done in the past.

Our Face book was designed to keep the members informed, yet there have been no entries for several months.  Face book should have:

A current list of those members with fire permits and when they expire.

A current list of the money spent by the board, to whom and for what. Wouldn’t you like to see where our money actually goes instead of a once a year sheet where it’s all clumped into categories. Look at Manors Lands web site, they do it right, photo’s almost every day for the weather conditions and current information on what’s going on that might affect the members.

On 13 October 2017 I asked Mr. Thorpe for the list of members with fire permits and a list of what positions the board members now hold, their preferred phone numbers and email addresses. He did send me some email addresses but ignored the list of members with fire permits and what positions the board members now have. What’s the big secret? It benefits the board for the members to know who has a permit so they don’t confront members when they have fires and they don’t get unneeded phone calls. Mr. Thorpe did tell me that a board meeting would be held soon and that he would post the minutes on Face Book.

Up to my last trip to PPE (Oct.) there have been enough responsible members that the South gate stays closed on the weekends. During the week it’s a different story, it was back to being open almost constantly. Where is the camera the board bought and why isn’t it being used? At the very least the board would have evidence photos of how kids are riding on the gate and they could stop it before it is damaged again.

One thing that Mr. Hale did accomplish at last year’s meeting was to add a lot of credibility to this web site. I’m getting more hits than ever before. That is either from the answers he gave at the meeting or because it no longer requires a password to enter.

I’ve been working on this for a couple of months waiting for the board to do something, then out of the blue I get a copy of the 2017 Check Register and money market information from Mr. Lawler. He asked me to post it on this web site.

Thank You.

Should be an interesting annual meeting this year.
 

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Notice:  Sunday, May 14, 2017
No board meetings since Oct. 16 and none scheduled.
By my count we should be electing three new board members this June. Mr. Hale, Mr. Mander and Mr. Silotti. All have served two terms.

What Has Mr. Hale done for us.

Mr. Hale did get Pine Plateau a new set of documents. The price was approximately $10,000. This document was not designed for a cabin community and it appears that they may have a legal problem concerning the timeline between when the last vote was taken and the time they were actually filed.  

 The rules took over a year because Mr. Hale apparently didn’t want to enforce them. We had rules in place that were legal; he tossed them for basically the same rules a year later.  The bylaws, like the covenants really weren’t meant for a cabin community. The Bylaws are the document that states how day to day business is to be done.  At least members got to read the covenants, the bylaws were filed with no member input at all.

There is no question in my mind that the rules are invalid. They can be voted in by the membership, they were not. The covenants state that the board can enact whatever rules they want. (That part needs to be amended.) My problem with the board is that since Mr. Hale has been in office there has not been an election held that followed the very documents that he signed and filed. He almost did it right last year, then intentionally violated the bylaws. Members must know who or what they are voting for before the meeting starts according to the bylaws, that is why a ballot was sent out last year.   All proxy votes must be turned into the secretary before or at the very start of the meeting. (That means, first item on the agenda).  A legal election this year could put a new majority of board members in and they could actually approve the rules and make them valid.  I think Mr. Hale knows his rules aren’t valid and that’s why he plays “let’s make a deal” every time he issues a fine. If challenged legally, I’m sure he would lose.

Mr. Hale is responsible for breaching the States right of way fence a few years ago. He stated that it was for the members who drove ATV’s so they wouldn’t leave the main gate open.

Everybody knows who was leaving the gate open at that time and this was just another con job to avoid taking any action.  DOT found the breach and mandated that it be repaired. Mr. Hale once again drug his feet to the point where DOT was literally within hours of having concrete barriers installed that would have cost the member thousands. This was after several warnings about not messing with DOT’s fence.

Mr. Hale looked the other way for almost four years while one family continually opened the south gate and left it open. He was provided with photos from a camera trap that were time and date stamped and were clear evidence of who the family was. Mr. Hale didn’t even show those photos to other board members for six months, never took any action or explained why he didn’t.

We paid a lot of money for new locks, mostly a scam to keep the gate open, and finally we had to pay several hundred dollars to have the south gate repaired. It wasn’t until then that he may have realized what I and others had been telling him was true about that family.

In August of 2014 we had probably the most egregious rule violation concerning open fires that I’ve ever been aware of.  A family with no fire permit had a camp fire near their cabin; a member saw it and asked them to please put it out. They stated they didn’t know about the fire rules. (Signs at the gates) About ninety minutes later they had another fire, and then they tried to hide all the evidence that they had ever had a fire. That’s two fires, should have been fined $500.00 per fire, instead the board fined the owner $250.00. The owner was not present at the fires but the rules are very clear that the owner is responsible.

I am surprised that Mr. Mander didn’t step down last year after the fire in July. He and Mr. Hale were just as responsible for that fire as the cabin owner.  They both failed in their duties to properly inspect the property and to make sure that all of the rules were being followed. This member knew she didn’t have a well and applied for the permit anyway. I’ll agree that there is a chance that Mr. Mander got conned, but he should have done his due diligence.  Even after the permit was issued it was proven to the board that the member did not have a functioning well. Why didn’t they rescind the permit?  Had those smoldering ashes flashed before they were seen, we would have lost cabins and I’m sure there would have been law suits filed against the board for their failure to follow their own rules. So far $50.00 has been paid on that fine. For all we know that might be it.

As for Mr. Silotti, Every quarter I request the financial information, every time it takes a little bit longer to get. This time was almost five weeks with three requests. Mr. Silotti states that he has been just too busy. This is a document that needs to be kept up to date and should be posted by the board. The only place you can see it is here on the web site.  Maybe Mr. Silotti is too busy to be on the board.

 I never worried about the money until last year when they stated that a camera and monitor had been purchased to monitor the South gate.  There is a camera and monitor listed in last year’s financial statement, but it is combined with several other items and there is no amount listed.  There was a camera in the window of lot 301, it looked fake to me. In fact, that camera was discussed at length in last year’s meeting about how it could be moved around to identify some of the speeders. Nice con job.  

Face book: I just read where all three board members would like to run again. Six years of the same board members is long enough, time to get some new ideas and some members who will enforce the rules or at least be transparent in their dealings.  Of the board members, Mr. Thorpe is the only one that enters anything on face book. Now that any member can start a topic on face book we should see a lot more postings about what goes on up there.

The only vote these gentlemen will get from me is one of complete no confidence. We need different members to run.

These three members have served long enough, enough of the selective enforcement and the lack of transparency. 

Also, it’s important to keep in mind that Mr. Hale mandates that the board be unanimous on every item they approve. That’s just the opposite of what our documents state.  He’s the one who stated he needed a fifth board member as a tie breaker.

I will support almost anyone who is willing to legalize our documents and rules and enforce them.

If these gentlemen are re elected, at the very least, we should have a new president. A position that Pine Plateau always voted for until Mr. Hale change the rules.

I think the general consensus among members is: well as long as someone else wants to do it, that’s fine with me.  Pine Plateau needs to remain the same rustic and safe environment for families to visit as Mr. MacKay designed it to be. Mr. Hale has proven he can’t be trusted to do that.
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Friday, December 30, 2016
Pine Plateau Dumpster

After reading the invoice from Republic Services and Mr. Thorpe’s comments, my first thought is that this is just another scam by Summit County to make money off the part time residents. 

Just like public safety and almost everything else that we pay for in Summit County, we don’t receive what we pay for. The dumpster might be the exception.

I received information from Craig Silotti where he told me that he had spoken with both Summit County and Republic. We apparently don’t have a choice in this matter, even if they removed the dumpster we would still have to pay for the upkeep of the landfill.
I still believe that this is an item that could be budgeted for by the association or at the least discussed/voted upon in the annual meeting. I’m sure that the board could arrange a contract with Republic. Certainly would be more cost effective to send out one invoice instead of 46. 

My suggestion is to pay the bill.  Republic is a separate entity and I’m sure they will take whatever action is needed. 

Also: the address on my invoice was 5866 South Mirror Lake Highway, if you Google that, it comes back to the Bear River Lodge. There is no mention of Pine Plateau. If you do write a check to Republic make sure Pine Plateau and your lot number are written on the check.

FYI: The 3 mile landfill they mention is located ½ mile West of Rockport reservoir.

Any bets on how much this will go up next year.

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Wednesday, July 06, 2016

On Tuesday the 5th just as I was sitting down to dinner with my family at the cabin one of my neighbors came running up asking for help with a fire on lot 418/419 just North West of my cabin.

We filled buckets and grabbed shovels and rakes and ran towards the fire.  The fire was in the grass and looked like it had been smoldering for some time. We refilled the buckets several times and I and my grandson finally linked together about 250 feet of garden hose that reached the fire.  The fire hadn’t flashed as yet but was very hot in several spots. It was about 30 feet long by 10 feet wide. The area around two pine trees were extremely hot and probably could have caught fire at any time.  Due to the depth of the pine needles and the amount of material that had blackened the decision was made to contact the fire department. It should be noted here that the first responding fire fighters from Evanston and Uinta County didn’t seem to know  that there was a lock box containing keys for our gates.

I believe there were four fire trucks that responded along with the Summit County Fire Marshall.

They laid down foam to smother the fire and then doubled checked the entire area with their thermal camera to make sure it had all cooled down. The fire fighters told us that if this had been next month this would have been a completely different scenario and cabins probably would have been lost.

We later found out that some of the owner’s family were there Saturday night and had a fire. They had a problem with some grass catching fire but they thought they had put it out.  Those embers smoldered for well over forty-eight hours.

There is a reason why Pine Plateau didn’t allow fires for the first 50 years.  Letters from the BLM and Forest Service both state it’s not a good idea to allow fires in a community like ours.  Everyone thinks they can have a safe fire, this proves once again that you can’t. 

​(2 photos)

This is what a permitted, inspected fire pit looks like, how many more are out there like this? Please notice that you can’t even see the burn area in this photo. Hot embers can travel up to a mile in the right conditions.
 
This is the lot that the board issued a fire permit to that does not have a functioning well and I don’t believe this fire pit meets the requirements in the rules. There was dry tinder all around in close proximity to the fire pit as you can see in the photos.

When I inquired about this permit Mr. Mander told me that he saw pipes going into the cabin so he just figured she had a well. This owner/member actually wrote to me to ask where she could find the rules so she could apply for a permit.  I started checking then and told the board that per the Division of Natural Resources that lot does not have a well.  She has a water holding tank underground and has water delivered to her.  Even this wasn’t functioning because the power was off.

This member has a history of violating the fire rules maybe as many as three to four times over the years.

When the entire membership was allowed to vote, fires were never allowed. Majority rule has always been the case in every vote from day one until the time Mr. Hale took over.

When the new rules are written, and if fires are allowed, they need to include that any member who is issued a fire permit must have insurance to cover any damages and a functioning well that provides a usable water source if the owners are not available.

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Information Concerning the 2016 Annual Meeting
Saturday, June 11, 2016

Pine Plateau Bylaws
Section 6.09

Proxies: “Members may vote in person by written proxy, provided however, that no proxy shall be valid unless signed by the Owner of his, her or its duly authorized attorney-in-fact, dated, and filed with the Secretary of the Association prior to or at the beginning of any meeting for which it is to be effective”.

How than does Mr. Hale plan to use the proxy votes for such matters that may come up at the annual meeting.

The only item in the agenda that needs to be voted upon is for two board members.  You can no longer nominate someone that isn’t already on the ballet or as a write in.  Proxies have to be submitted at the start of the meeting to be valid. In sending out a ballot for this meeting, Mr. Hale just verifies that the voting for the current board members has not been conducted per the documents.

I agree with that section of the bylaws, to me it means that all members get a chance review the pertinent information and vote on items that pertain to all members.  

Over the years Mr. Hale has conducted several votes where only the members at the meeting were allowed to vote. Just by having a quorum present at the meetings doesn’t give the board the right to vote on policy matters that pertain to all members.

Board Members: Just one comment:   I won’t be voting for either Mr. Thorpe or Mr. Passey. After all the problems with the South gate, the lock being removed for six months and the damage, which we had to pay for, we need someone with a different point of view.

Our documents say you can have five board members. Do we actually need that many?  Mr. Hale instituted the fifth board member in order to have a tie breaking vote if needed.

Then Mr. Hale required that all board members must all vote the same on any and all actions taken by the board. The covenants only require a majority of the board to pass an item.

Covenants: The 2013 covenants have all of the required elements but it also has a lot of junk that needs to be amended.  Mr. Hale left sections in our covenants that give the board more power than any other HOA documents I’ve seen. Then he used those items against the members. The board should only be able to adopt rules on an emergency basis like during fire season. All other rules should be voted in by the entire membership.  We have the only set of covenants I’ve ever seen that gives the board the right to set the dues.  All others, it’s either voted on by the membership or the board has a small percentage they may increase every year with justification.  

Bylaws: Part of the reason why Mr. Hale didn’t want the membership to see the bylaws were items like section 6.05 Voting:  He uses the majority of the members present to vote items into policy. That is in direct violation of the covenants which is the presiding document. That is one of the items that was explained to him by the attorney. He also changed the requirement for a Quorum from 50% to 30% in order to pass certain items.

Rules: There is no doubt that the way the rules were voted in makes them invalid. They need to be voted upon by the entire membership or approved by a legally voted in board of directors.
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This is what a permitted, inspected fire pit looks like, how many more are out there like this? Please notice that you can’t even see the burn area in this photo. Hot embers can travel up to a mile in the right conditions.
 
This is the lot that the board issued a fire permit to that does not have a functioning well and I don’t believe this fire pit meets the requirements in the rules. There was dry tinder all around in close proximity to the fire pit as you can see in the photos.

When I inquired about this permit Mr. Mander told me that he saw pipes going into the cabin so he just figured she had a well. This owner/member actually wrote to me to ask where she could find the rules so she could apply for a permit.  I started checking then and told the board that per the Division of Natural Resources that lot does not have a well.  She has a water holding tank underground and has water delivered to her.  Even this wasn’t functioning because the power was off.

This member has a history of violating the fire rules maybe as many as three to four times over the years.

When the entire membership was allowed to vote, fires were never allowed. Majority rule has always been the case in every vote from day one until the time Mr. Hale took over.

When the new rules are written, and if fires are allowed, they need to include that any member who is issued a fire permit must have insurance to cover any damages and a functioning well that provides a usable water source if the owners are not available.

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Information Concerning the 2016 Annual Meeting
Saturday, June 11, 2016

Pine Plateau Bylaws
Section 6.09

Proxies: “Members may vote in person by written proxy, provided however, that no proxy shall be valid unless signed by the Owner of his, her or its duly authorized attorney-in-fact, dated, and filed with the Secretary of the Association prior to or at the beginning of any meeting for which it is to be effective”.

How than does Mr. Hale plan to use the proxy votes for such matters that may come up at the annual meeting.

The only item in the agenda that needs to be voted upon is for two board members.  You can no longer nominate someone that isn’t already on the ballet or as a write in.  Proxies have to be submitted at the start of the meeting to be valid. In sending out a ballot for this meeting, Mr. Hale just verifies that the voting for the current board members has not been conducted per the documents.

I agree with that section of the bylaws, to me it means that all members get a chance review the pertinent information and vote on items that pertain to all members.  

Over the years Mr. Hale has conducted several votes where only the members at the meeting were allowed to vote. Just by having a quorum present at the meetings doesn’t give the board the right to vote on policy matters that pertain to all members.

Board Members: Just one comment:   I won’t be voting for either Mr. Thorpe or Mr. Passey. After all the problems with the South gate, the lock being removed for six months and the damage, which we had to pay for, we need someone with a different point of view.

Our documents say you can have five board members. Do we actually need that many?  Mr. Hale instituted the fifth board member in order to have a tie breaking vote if needed.

Then Mr. Hale required that all board members must all vote the same on any and all actions taken by the board. The covenants only require a majority of the board to pass an item.

Covenants: The 2013 covenants have all of the required elements but it also has a lot of junk that needs to be amended.  Mr. Hale left sections in our covenants that give the board more power than any other HOA documents I’ve seen. Then he used those items against the members. The board should only be able to adopt rules on an emergency basis like during fire season. All other rules should be voted in by the entire membership.  We have the only set of covenants I’ve ever seen that gives the board the right to set the dues.  All others, it’s either voted on by the membership or the board has a small percentage they may increase every year with justification.  

Bylaws: Part of the reason why Mr. Hale didn’t want the membership to see the bylaws were items like section 6.05 Voting:  He uses the majority of the members present to vote items into policy. That is in direct violation of the covenants which is the presiding document. That is one of the items that was explained to him by the attorney. He also changed the requirement for a Quorum from 50% to 30% in order to pass certain items.

Rules: There is no doubt that the way the rules were voted in makes them invalid. They need to be voted upon by the entire membership or approved by a legally voted in board of directors.
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(2 photos)

The traveled portion of the frontage road is 10 feet wide, members fences start at 15 feet. If they go to the 15 feet there will be a lot of trees removed including a lot of pines. We got suckered into this once before. Paid Mr. Andrus several hundred dollars to widen roads and they never were. There are a few places that need to be widened and trees above trimmed, but I still think this overall plan is a waste of our money. FYI: most fire trucks are from 7-8 feet wide.

We do have one member who, on his own, trims the trees and branches that may be a hazard, and this fall I watched him dragging a screen on the roads near my cabin. The screen pulled the gravel from the sides up into the middle. That’s really all these roads need. Thank You. I recently changed home owners insurance on our cabin.  So far, not one question about the roads or access.

We have lots and a cabin that don’t have access through Pine Plateau. Lots 443-447 have had to use a road that is privately owned by the Norman family.  Mrs. Norman was ignored when she brought it up at the annual meeting. She has yet to be contacted by the board. I was a board member when that issue first came up. We, as a board were ready to have the road built but we got suckered into the law suit with DOT. Those roads were the responsibility of the board in the 60’s and I think they are now. This is an item that Summit County has nothing to do with other then their ordinances regarding how and where you can enter Pine Plateau.

Mr. Hale will probably have enough money to do all the roads this spring.  He knows there is a chance he might lose a couple of board members at the next meeting and that he might get someone who doesn’t agree with him.   There is still plenty of time to put together a vote that involves all members not just the ones who come to the annual meeting.

This next year the board members should be voted in by all members like the covenants state. That means anyone who wants to run will have to pre-announce and a ballot/proxy needs to be sent to every member and that the proxy rules followed. Any member who feels like I do, and that is keeping PPE rustic and safe I will gladly post information for them on the web site.

When I have a current board member come to my cabin and tell me that 99% of the info on this web site is true, I must be getting some of it right but  I still wonder why they all keep voting unanimously on every decision.

Anyone know where the big rocks went to from lot 301?  Looks like it took a tractor to move them.They were replaced with smaller ones shortly after this photo.


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Pine Plateau Estates
Roads
Monday, April 11, 2016

Do We Need to Spend $30,000.00 on our Roads?

I was reading through the 2014 minutes of the annual meeting and found Mr. Hales sales pitch concerning our roads.

I remember one member stating that they were having a hard time getting insurance. From that it went to “with cabin insurance more difficult to obtain and insurance company’s requirement that there be year round access, thus it was stated that the PPE roads need to be widened to allow for both fire and snow removal equipment to access all of the lots”. Google Monviso, the new cabin community South and East of the Forest Service. They do not have year around access nor does most of manor lands or most of Christmas Meadows

With regards to insurance: I have had Geico/Travelers for several years, that way I could combine the cars, atv’s , home and cabin.  I started to notice my cabin insurance going up from $350.00 per year to over $800.00 in just 4 years. When I asked about the increases I was told that it was due to the added building costs due to the new building codes.

I started shopping for insurance. A year ago I switched everything to Farmers. I am back to paying about $350.00 per year and have better coverage on everything.( It might be different if you have a mortgage). I was never asked about the roads or year round access by any of the major companies that I checked with. In fact the only question that was the same from all of them was: where is the nearest fire department? Farmers did want to know what type of roof I had and they did send someone to check the building.

 As far as widening the roads: we proven that fire trucks and even cement trucks have access to almost all of Pine Plateau.  There are a few spots that need some attention but it’s certainly not worth paying $10.000 per mile. To make all the roads 15 feet wide, they will have to remove some major trees and maybe even some fences.  One problem the board will have in doing this is they don’t know where most of the property lines are. The plot maps clearly show the right of way and of which lots give up property for the easement, but from where?

Our roads are just like all the others in the area. Personally I think this is a big waste of the member’s money.  When members who have been there for over forty years say that our roads are in the best shape they have ever been in, the board should listen.  As hard packed as our roads are now, if that hard pack is disturbed it may never be the same and we will probably be locked into doing major repairs every year.  The board says they want to crown the center of the roads for runoff. There are very spots where any of our roads are level and the water seems to runs off just fine and even the low spots don’t stay wet very long.

 This board has a real hard time letting all the members vote on items that pertain to all of them. Our documents which Mr. Hale has had the most to do with clearly state one vote per lot owned. Did you get to vote for the roads, the rules, the budget or the dues? Did you even know there was going to be a vote?

 Mr. Hale wants to turn Pine Plateau into something that it was never designed to be.  Flat roads that are perfect for speeding ATV’s and an electric gate. Mr. Hale has been sitting back watching the South gate be damaged time and time again by the same individual. What has he done?  Nothing that I can see. I’m sure he his building a case for his electric gate.  They have had to purchase several locks which he will say shows that a gate like that is too expensive to maintain.  The problem with that is the North gate and all the gates in Manor Lands are the same and they require little to no maintenance. The difference is they don’t have a board that continually pays a member to mess with them.

Mr. Hale said his friends said our dues were laughable because they were so low. I think it was us laughing at them.  Our dues were enough to keep things running properly even with the South gate problems.

 This board has the money to do what they want, but do they have the power?
Please, if you haven’t served on the board step up and take your turn. Anyone who operates by the rules and lets the members vote on pertinent items will have my complete support and the use of this web site.

PS. The board, after of a year and a half has finally received the fine for the fires at lot 423.

(4 photos)
 

 

 

This is the way our roads have been for over 50 years.  I think it should stay as rustic as possible and don’t see the need for any major changes.  We have the money in reserve now; let’s use it for something practical like removing all the dead beetle kill trees.  Keeping Pine Plateau safer from fires is more important to me.

This information was sent to the board of directors. No rebuttal as of yet.

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Pine Plateau Estates
New Legal Information.
Monday, April 13, 2015

Mr. Hale (The board) and I disagree on the meaning of and the use of our governing documents. I recently took our Covenants, By Laws, Articles of Incorporation, minutes of the last two annual meetings and their agenda’s to a local law firm. I asked them a few simple questions concerning how our documents were being used. This firm knows nothing about Pine Plateau and the answers given are not opinions, they come directly from the Utah code.

The attorneys made it very clear that the covenants trump any other documents when there is any conflicting language.

Voting:  The covenants are very clear that anytime there is a vote it must be one vote per lot with every lot owner given the same opportunity and information.

Equal Annual Assessments:   The covenants clearly state that annual assessments must be the same for every lot.  

Annual Assessments: Can the board raise the annual assessment amount to whatever they want?

The answer is yes. They just proved that.  This means that annual assessment monies, including the reserves may be used for:   “To pay all common expenses and perform its duties and obligations under the project document, including, without limitation, the establishment of reasonable reserves for replacements, maintenance and contingencies”.

Special Assessments are to be used for the cost of construction, reconstruction, repair or replacement of Improvements upon the common areas. Special assessments must be approved by 51% of the membership.

 Rule #4 Architectural regulation, this section only covers buildings over 200 square feet. Nothing else.

Do the members have a say in the rules for Pine Plateau? Yes. Covenants 1.19 and 5.3 and bylaws 4.07 and Utah code 57-8a-217. Our governing documents basically speak of obeying the rules and that the board may adopt or amend from time to time as long as they follow the state code.  That section outlines the rules that the board must follow. You can just enter Utah code 57-8a-217 and read it for yourself.

I have the original letter from the Pearson Butler Law Firm and it’s available to any member who would like a copy.

My opinions:

Mr. Hale insists that every decision by the board has to be unanimous and he even told me that was in our documents. It isn’t, it clearly says a majority of the board. This after he requested a fifth board member to act as a tie breaker.  So when I mention Mr. Hales name he is speaking for the entire board.

I did not vote for these covenants simply due to the fact that it gave the board too much power in a lot of areas.  With all the research I did when putting together the 2003 covenants I never saw another HOA document that gave the board complete power to assess what ever annual dues they wanted. The agenda for the last annual meeting called for an increase to $100.00 for a vacant lot and $150.00 for each cabin. When they were informed that they would be in violation of the documents they made the changed to $125.00 for each lot. A number that was never discussed during the meeting.  Almost all other HOA’s require a majority vote of the members to approve a raise in dues. Some others give the board a small percentage they can raise every year with justification.

Another section of the covenants that scare me is 1.12 Improvements. You need to read it; I think it needs to be removed.

Concerning the rules, Mr. Hale clearly states that the amended CCR’s give the board the authority to adopt, amend and repeal association rules. According to him they did everything according to the CCR’s when adopting the rules.  But again the board has complete control to add, change or remove any rule; this language needs to changed so that members are able to vote for each individual rule.

Mr. Hale stated that: “We spent the majority of the time at the meeting talking about each rule and then we conducted a “vote” of the Members that were present”. Here he is using the bylaws (another topic) section 6.05 that states that the majority of the member’s present at the meeting or by proxy can pass anything.

 Again this is a direct violation of the voting section in the covenants and therefore not valid.  You either have a vote for items that involve all members or the board can take full responsibility for the rules.

Some of the other information in the letter from Mr. Hale.

In last year’s meeting one new member spoke about having a hard time getting insurance. I’m sure they are but maybe it’s something they should have looked into before making that investment. I’ve said it before, it’s not just our roads, we are no different than any other community up there. It’s the new building codes. You can no longer build a cabin on blocks, you now have to have a foundation and there are many other new requirements. The cost to rebuild your cabin will be at least double if not more. But because one member brought it up now there is going to be a plan to improve access. I think that is just another reason to pay someone to widen the roads and then go to year around access even though it didn’t work the last time.

Mr. Hale states that our annual dues are laughable being so low. Maybe they are but I still think that $80.00 per lot is adequate if used properly. Pine Plateau has less than two miles of roads and is less than one square mile in size. We don’t have a caretaker or heavy equipment like Manor Lands. If not for the continual damage being done to the South gate we would only have some fence work and road maintenance to deal with.  I’ve personally seen our roads go over nine years without road base; nothing seemed to change except for some damage during the fall and spring months when there is a lot of mud.  Building reserves to do the entire road system every few years is going to lock us into an expense that I don’t think is needed.

Mr. Hale also stated that someone who only owns a vacant lot has little interest in any of these items.

Yet everyone is an equal member and when it comes to the dues they pay and to matters that require a statutory vote.  Again, that’s my biggest complaint, all members don’t have a say or a vote.

Mr. Hale talks about what a great expense it is to send out mail to the members, isn’t it our money?

Mr. Hale in writing for the board actually thanked me for showing them the letter from the attorney. He said they would work on the only item that they thought needed their attention: rule #4 the architectural regulation.

Here are a few more things that need their attention. 

Mr. Hale took it upon himself to have the bylaws changed and he had them filed with the covenants.  The bylaws are the documents that govern the day to day operation of the association. The state also gives the board authority to write and file what they deem necessary without a vote of the members.

Why? The expense? Or did he put items in the bylaws that he didn’t want members to question?

Pine Plateau has always operated on the premise that majority rules, not any more. In section 6.06 Mr. Hale changed the definition of a quorum from 50% down to 30%.  Mr. Hale told me that the change was made because only about 30% come to the meetings.  Actually it’s not the number of members at the meeting; it’s the number of lots that are represented. Now under the right circumstances 12 members, 30% could control what they want. If all members were sent the appropriate information and allowed to vote I believe that would take care of the quorum responsibility.

South Gate.

This gate has been open more than closed for over four years now. The gate has had parts cut off of it; it’s had signs posted on it to keep it open for deliveries for several days in a row. During the winter it never gets closed, in fact it has even had snow piled against it so no one could close it.  Everyone up there knows who is responsible, I have a letter to a previous board where Mr. Andrus freely admits that it’s a hassle for his family to open and close the gate.

Mr. Hale stated that it was all the other members on their ATV’s that were leaving it open. He proposed an ATV gate just north of the South gate. He was warned what would happen if DOT saw it and he did it anyway. DOT did see it and sent warnings to the board. Mr. Hale again drug his feet to close it.  DOT was literally within hours of having concrete lane dividers delivered to block the breach. That would have cost us all thousands of dollars due to the fact that our insurance doesn’t cover violations of the covenants and the rules.

Mr. Hale said he got a call from a member who said he key didn’t work in the south gate (any guesses who)

So he authorized the lock be removed. Problem is he didn’t authorize the lock being installed until March of this year when a newer member started asking questions. The gate was open all winter with no lock, most of the time with snow piled up against it so it couldn’t be closed. Seems to me there was mention of that in the October minutes. This not only violates all of our documents it puts the entire board at risk for any damage or theft that may have occurred during that time. The indemnification section doesn’t cover board members when they knowingly violate the rules.   That alone is enough for me to ask Mr. Hale to step down.

Photos were sent to Mr. Hale last July clearly showing the Andrus family, including their children, unlocking the gate and leaving it open. Seven months with no action taken by the board. Here’s why: If a warning letter is issued to the Andrus family then the next step is a fine. They knew that the camera would go back up as soon as the letter was written. So Mr. Hale authorized the lock being removed and not replaced until he was forced to.

Mr. Hale admitted to me that he didn’t take any action against the Andrus family when they constructed the addition to their cabin. This was done without approval of the board and without a building permit.  Again a clear violation of our documents and Summit County Ordinances.

 Mr. Hale has proven that favoritism exists in Pine Plateau. How does someone in good conscience knowingly violate the very rules that he signed and filed and then actually write warning letters and issue fines to other members for violating the same set of rules. Obviously he believes in selective enforcement and a double standard.

You would think that after the previous board was accused of favoritism (concerning Mr. Andrus) in open court that things might change. Nope, got worse.

The best thing that Mr. Hale has done for us is actually in his bylaws. There is no mention of proxy votes or how they are to be used in the covenants so there is no conflicting language.

Section 6.09 Proxies: Members may vote in person or by written proxy; provided, however, that no proxy shall be valid unless signed by the owner or his, her, or it’s duly authorized attorney-in-fact, dated, and filed with the secretary of the association prior to or at the beginning of any meeting for which it is to be effective. A proxy is valid for eleven (11) months from its date of executions, unless a different time period is expressly provided in the proxy.

We had a system that worked well for years, now Mr. Hale has made it better. We are now required to have the proxy on file with the secretary before or at the start of the meeting. That would require that all members be advised of what they are voting for. A lot of other HOA’s require that members running for board positions pre announce and they are put on the ballot. This requirement took effect when the documents were filed in 2013. So what have proxies been used for since then, rules, fires new board members, if a proxy was accepted after the start of the meeting it is invalid.

Since Mr. Hale became a board member we have a new set of covenants that really don’t pertain to a cabin community. I believe that they would not have been voted in except for the judge’s opinion about who was eligible to vote. We had new bylaws filed that only the board had input and not the members. History was changed by changing the quorum and allowing only members at the meetings to vote. Then you have Mr. Hale refusing for the last two years to even tell the members there would be a vote at the annual meeting and his protective association of the Andrus family.  

There has not been a legal election or vote taken since the new documents were filed in 2013.

The one vote per lot is required by the covenants.  We have given the board the power to do what they want with the dues and the rules but the elephant in the room is: was the board of directors legally voted in? That’s an easy NO.  When you read the covenants and how a vote is to be taken and the use of the proxy votes in the bylaws we have not had a legal election for the board members or anything else since 2013.  The current board does not have the power to do anything.  A new election should be held, members should be given ample time to notify the board that they want to run for a position and a ballot should be sent to each member.

With no legal election for the current board members do we really have rules? That vote certainly wasn’t legal and if the board has no power then we have no rules.  They too should be sent to each member and each individual rule should be voted upon. 

I’ve tried to show that our governing documents need some work. Amendments can be done to the covenants with a vote of the majority of members.  The bylaws should have the conflicting language removed from it.

If this board is left to operate without any controls, I believe we will have two lane paved roads, year around access and an electric gate.

The last official act of this board should be to send out letters asking members to run for a position on the board.  A ballot should then be mailed with the agenda for the annual meeting.

Now there seems to be some question about our finances.  Money was approved last year to fill in some low spots in the south driveway. Who was it paid to? Money was approved to pay Dave Andrus to replace the lock and work on the gate, was it paid? Was there a new lock? Receipts? One family was listed in the minutes last year as being fined for a fire. So far there is no record of it being paid and Mr. Hale just told me that a warning letter was issued.  That also violates the rules.

 The last thing I want to do is scare members from wanting to be on the board. I got spoiled working with Gary Norman, Leeann Stevens and Diana Adams. It’s simple, be above board and transparent in dealing with the members.  Show no favoritism and follow the documents.  Allow all members to vote on items that pertain to them and let the majority rule and I will do anything I can to help. These last few years have really been an exception to Pine Plateau’s history.  As members you really need to step up and take a turn on the board.

Dave Eyre
Lot 410

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