THIS IS GOING TO BE AN ONGOING UPDATE  

Susan Jennings has been a director since 1987, and has claimed to be the HOA’s president since 2012. Melanie Lashlee of HOAMCO has been the HOA’s manager since 2013.  

Prior to 2013, the HOA was spending $70 a year to have the gutters cleaned. But then Melanie Lashlee became the HOA’s manager, and when board member Judy Kyrala needed her gutters cleaned, Melanie Lashlee, without consulting the board, hired some guy named Doug Clark to clean the gutters in the fall and again in the spring at a cost of $2,300 per cleaning. Look around: almost half of our townhouses have gutters that rarely, if ever need cleaning. And once the leaves are off the trees and the gutters are cleaned in the fall, what could possibly fall out of the sky that would require them to be cleaned again in the spring? So, even if Doug Clark spent a full day cleaning gutters that he had already cleaned, that would come out to $287.50 an hour for unskilled manual labor.                                                                   Susan Jennings approved the contract.

Because of Melanie Lashlee, we now have two types of pressure regulating valves on our sprinkler systems. In 2014 I found out that Melanie Lashlee was having a plumbing contractor install pressure regulating valves to protect the underground stop/waste valves on our sprinkler systems. Stop/waste valves of the type we use are warrantied for up to 40 years; pressure regulating valves are warrantied for 1 year. We also have above-ground plastic pressure regulating valves, located where the sprinkler controls are, that frequently fail. There is not a shred of evidence that either one of these pressure regulating valves do any good at all, so, I put forth a motion to do as test to find out if the above-ground valves were a waste of money. Susan Jennings responded by calling for a special meeting to remove me from the board, and Melanie Lashlee thanked her.

I would have to be a complete idiot to ever trust Melanie Lashlee and Susan Jennings to negotiate any contract for the HOA, and yet it was Melanie Lashlee and Susan Jennings who presented us with the Special Assessment of $1,087,020.00, now increased to $1,185,073.83. If you recall, there were no candidates for the 2023 Annual Meeting/Election, so there was no Board of Directors to negotiate the contract to replace the roofs, and yet Melanie Lashlee and Susan Jennings did went right ahead and did it all on their own.

1999: Amendment to Article VIII, Assessments By The Homeowner's Association, paragraph (I):

...adding the following language: At the first such meeting called, the presence of members or proxies representing twenty five percent of all lots shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be the holders of the shares entitled to vote who shall be present or represented by proxy.                                                                                                                             Susan Jennings was a board member.

1999 the HOA membership approved a 5 year $50 per month Special Assessment to pay for replacing the shaker shingle roofs, that were becoming an insurance problem, with asphalt shingles.               Susan Jennings was a board member.

2002, the Board had enough money collected to start the roof replacement if it was done one loop drive at a time. The Board interviewed several roofers and chose Short Shingle to replace the roofs with the assurance the roofs would last at least 25 years. The roofs were replaced over three years: Jeffery Loop, 2002; Heidi Loop, 2003; and Eva Loop, 2004.                                                                                    Susan Jennings and I were board members.

2012 On 12/7/2012 Susan Jennings signed the HOA’s Management Agreement with HOAMCO that became effective on January 1, 2013.

2014 Re: Amendment to the Bylaws and the Special Assessment to replace the roofs:              In February 2014, at the Reconvened 2013 Annual Meeting 4 Directors were elected: Susan Jennings, Judy Kyrala, Barbara Tauritz, and myself. Following that Annual Meeting, there was a meeting to choose the HOA’s officers. Homeowner Cindi Sorrentino attended that meeting in order to be appointed to the Board. I objected; we had just had the election and Ms. Sorrentino, who was at the Annual Meeting, gave no indication that she wanted to be a Director. However, Melanie Lashlee insisted that we needed to appoint her because we couldn’t have a Board of only 4 Directors; we needed 5. So, following that meeting, Melanie Lashlee contacted attorney Keith Hammond, who, based on his reading of the HOA’s Bylaws, claimed that the HOA was only allowed to have 3 Directors. As a result, the Bylaws were amended to limit the Board to 5 or 7 Directors.. Again, I objected, there was a hearing before Judge Douglas, and the amendment was allowed to stand, thereby increasing “the size of the Board from 3 to 5 or 7 directors.” A recording of these meetings was submitted as evidence at the hearing. Judge Douglas’s decision is posted at: greenlawtownhouses.blogspot.com Attorneys Jason Miller and Mark Sahl were made aware of this in an open letter to Melanie Lashlee, emailed January 30, 2025.

2017: When a section of Eva Loop didn’t get the scheduled rotational painting, a homeowner wrote to Melanie Lashlee, “Am I understanding the board determined that, though other units were completely painted, ours was only deemed necessary to have only touch ups?  Again, I ask, Where is the fairness? We pay the same Home Owners fee, don 't we get the same for our dollar?” Melanie Lashlee's response was, “there is only so much money the HOA has to spent every year. They are doing a fence replacement project which you and every other member know about which is very expensive ! They are doing the best they can to get everything done for everyone without having to SPECAIL ASSESS the membership ! If there is something you need done on your unit it will be done . The HOA cannot do everything that needs to be done all at once as it would bankrupt the association !”

2018: In November of 2018 then Treasurer Dave Christensen wrote in a letter to all HOA members, “Our roofs were replaced 10-15 years ago, however they are starting to fail again. The vendor who performed the project went bankrupt and your HOA has had to absorb the cost of what should have been warranty repairs. Replacement is an $800k project in 2018 dollars and there is no way to budget adequate reserves for this with our current dues." And once again, Melanie Lashlee and Susan Jennings did nothing.                                                                                 

2018: The November 2018 Annual Meeting/Election was the last time a quorum was achieved and an election took place. Since then every Annual Meeting/Election has failed to achieve a quorum. For the past six years the HOA’s membership has not been notified that these elections failed to take place

2023: For the November 2023 Annual Meeting/Election there were no candidates on the ballot.

Following the failed 2023 election, all decisions concerning the Special Assessment were made without a Board of Directors and without any meetings.

2025: February 20, 2025: The Special Membership Meeting to count the ballots was held. A quorum was achieved; the Special Assessment did not pass: 40 Yes, 39 No. Passage required 2/3 “yes” votes.

February 24: Melanie Lashlee emailed the membership stating among other things:

During the meeting it was clear many members don’t understand how an HOA works. Please see the attached governing documents for your review. These are the same documents you were given when you bought your unit and signed a document stating you read, understood, and agreed to these guidelines. It is important for all owners to read these documents as they are the guidelines in how the community is to be managed.”

The only documents attached to that email were the HOA’s Bylaws, minus the 2014 Amendment, and image 1_1 showing the election results.

February 24: I responded to Melanie Lashlee’s email from earlier that day with the following request. 

Dear Ms. Lashlee:

I could not help but notice that the copy of the Bylaws that you attached to your 2/24/2025 email "To All Members" (see below) did not include the 2014 Amendment to the Bylaws to increase the size of the Board from 3 to 5 or 7 Directors. Please correct the error. Also, I assume I don't have to remind you that "The Association has a five (5) Member Board to serve for a one (1) year term."

For your convenience I have attached the Amendment to the Bylaws, the Ballot to Amend Bylaws, and the Ballot Mailer for the 2023 Annual Meeting.

My request was ignored.

March 3Less than 2 weeks after the Special Membership Meeting, Melanie Lashlee wrote in an email “Since the last vote, material costs have increased by 10%, raising the per-lot cost to $9,331.29.”

March 5: The Notice of Special Membership Meeting-Meeting #2 scheduled for 3/27/2025 and the ballot arrived in the mail less than the required 30 days before the scheduled meeting.

March 6, I emailed Melanie Lashlee: CC: Attorneys Jason Miller and Mark Sahl.

Dear Ms. Lashlee:

Please confirm that you have received my attached ballot. The ballot and the Notice of Special Membership Meeting-Meeting #2 scheduled for 3/27/2025 arrived on 3/5/2025 in yesterday's mail. 

If the required quorum is not present, another meeting may be called subject to the same notice requirement.

March 27, 2025: The Second Special Membership Meeting is scheduled for a vote “to levy a Special Assessment against each lot equally in the amount of $9,331.29 in accordance with Article VIII, Section (h) of the Declaration.”


Open Letter to Melanie Lashlee of HOAMCO (without the mentioned attachments and forwarded email)

 

Dear Melanie Lashlee

Community Association Manager for Greenlaw Townhouses Unit Two HOA

Flagstaff Regional Director for HOAMCO:

Because this open letter is followed by the email you sent to me on January 16, the Notice of Special Membership Meeting and the Absentee Ballot for the Special Membership Meeting are attached.

I have also attached the Minutes of the November 2024 Annual Meeting which you provided to me on 1/27/2025 as per my request for 1. the Minutes of the meeting at which the Board approved the special assessment initiative, and 2. the Minutes of the meeting at which the contractor was interviewed and chosen.

As you know, in 2014 the Bylaws were amended to change the size of the Board from 3 to 5 or 7 directors. As of November 2019, though there may have been directors, at no time was there the required 5 directors to form a Board of Directors needed to renew the contract with HOAMCO, increase the Annual Assessment, bring forth the current Special Assessment, or approve any contract or insurance policy.

Right at the start of the holiday season, I received from you the Notice of Special Assessment letter, dated December 5, 2024, which you claim was “On behalf of the Board”, that states, “The total cost for the entire community is $1,087,020.00 which breaks down to $8,559.22 per unit”. The letter also states,You will be receiving a ballot in the mail after the first of the year with all information needed to vote for this important item.”

On January 10, I received the meeting notice and the ballot. Starting on January 13, I received from you four emails that stated that 32 “Yes” votes were needed for special assessment to pass. Apparently, you and Susan Jennings believe that even if all 127 HOA members were to vote, with 95 voting “No”, the Special Assessment would still pass as long as 32 members voted “Yes”. Obviously, you and Susan Jennings have never read the CC&Rs, the Notice for the meeting and the Ballot, or if you did read them, you didn’t understand them? All three documents clearly state: “the Special Assessment must be approved by at least two-thirds (2/3) of the lots represented in person or by absentee ballot”.

Also, based on my experience as a Board member during 2013 and 2014, I can pretty much guarantee that you and Susan Jennings did no research whatsoever to make certain that the contract with Mission Restoration covers everything that needs to be done to insure that the HOA doesn’t go through this entire Special Assessment process and still wind up with leaky roofs. Of course, if I’m wrong, to prove me wrong you need only provide the emails that you and Ms. Jennings exchanged to discuss what you had learned through your research.

What follows are letters, and or, emails that you sent, some of which I mentioned above:

>December 5, 2024: Your letter/email with the heading

Greenlaw Unit Two

Notice of Special Assessment Initiative for Roof Replacement that you sent “On behalf of the Board”.

>January 7 you wrote in an email:

To All Members,

We are pleased to announce the appointment of Mary Anderson and Steven Byers to serve on the Board of Directors for Greenlaw Two. This is the fist time in many years we have had interested parties step forward to show interest in serving the community. Both are full time residents in Greenlaw Unit Two and make it a point to attend meetings of the membership.

Your current Board members are as follows.

Susan Jennings – Board President

Nita Paden – Vice President

Kathy Jensen – Secretary

Steven Byers – Treasurer

Mary Anderson – Member at Large

Note: It needs to be pointed out here that people don’t become Board Members just because you say they are Board Members. It is obvious from the Minutes for the 2024 Annual Meeting that “President” Susan Jennings was the only person claiming to be a Board Member. There is no mention of Nita Paden or Kathy Jensen.

>January 10, 2025: the meeting notice and the Ballot for the Special Assessment arrived in the mail.

>January 13: An email from you discussing payment methods, bank loans, the February 20 meeting, etc. In that same email you incorrectly claimed that: “We will need 32 “Yes” votes for this special assessment to pass.”

>January 15: I emailed you the following query: What are the exact requirements for the Special Assessment to pass. According to the CC&Rs Page 8 (h) and (I) 2/3 must approve with a quorum requirement of 60% first meeting and half that for a second meeting. If there is an amendment that changes that, I can't find it.

>January 15: You responded by emailing me a copy of the amendment to the CC&Rs and repeated your incorrect claim that “We need 32 YES votes for the special assessment to pass”

>January 15: That evening I emailed you the following: The amendment changes the quorum requirement to 25%. It does not change the requirement of 2/3 approval by those who vote.

>January 16: You responded by re-sending your January 13 email again incorrectly claiming: “We will need 32 “Yes” votes for this special assessment to pass.”

(See that email at the end of this open letter)

>January 28: A re-sending of your January 13/16 email in which you again incorrectly claim that: “We will need 32 “Yes” votes for this special assessment to pass.”

For those of you reading this open letter, who are not Melanie Lashlee, a bit of the history of Greenlaw Townhouses Unit Two HOA:

Susan Jennings had been a Director from 1987 through November of 2023.

In 1999 the HOA membership approved a 5 year $50 per month Special Assessment to pay for replacing the shaker shingle roofs, that were becoming an insurance problem, with asphalt shingles. In 2002, when I was a Director, the Board realized it had enough money collected to start the roof replacement if it was done one loop drive at a time. The Board interviewed several roofers and chose Short Shingle to replace the roofs with the assurance the roofs would last at least 25 years. The roofs were replaced over three years: Jeffery Loop, 2002; Heidi Loop, 2003; and Eva Loop, 2004.

In Feb. 2014, we had the Reconvened 2013 Annual Meeting and 4 Directors were elected: Susan Jennings, Judy Kyrala, Barbara Tauritz, and myself. At that meeting, Melanie Lashlee estimated it would cost $800,000 to replace our roofs. Twice at that meeting I suggested doing a $25 per month Special Assessment to begin raising the necessary funds, and yet there is not one word about it in the Minutes of that meeting. Following that Annual Meeting, there was a meeting to choose the HOA’s officers. HOA member Cindi Sorrentino attended that meeting in order to be appointed to the Board. I objected; we had just had the election and Ms. Sorrentino, who was at the Annual Meeting, gave no indication that she wanted to be a Director. However, Ms. Lashlee insisted that we needed to appoint her because we couldn’t have a Board of only 4 Directors; we needed 5. Following that meeting, Ms. Lashlee contacted attorney Keith Hammond who, based on his reading of the HOA’s Bylaws, claimed that the HOA was only allowed to have 3 Directors. As a result, the Bylaws were amended to limit the Board to 5 or 7 Directors. Again, I objected, there was a hearing before Judge Douglas, and the amendment was allowed to stand, thereby increasing “the size of the Board from 3 to 5 or 7 directors.” A recording of the aforementioned meetings was submitted as evidence at the hearing. Also, I have re-posted Judge Douglas’ decision on my blog: greenlawtownhouses.blogspot.com

The following is from that decision:

Findings of Fact

Page 2

5. Greenlaws answer to the petition provided, in relevant part, as follows:

Line 18: A vote of the members was sought to increase the size of the Board from 3 to 5 or 7 directors.

In November of 2018 then Treasurer Dave Christensen wrote in a letter to all HOA members, “Our roofs were replaced 10-15 years ago, however they are starting to fail again. The vendor who performed the project went bankrupt and your HOA has had to absorb the cost of what should have been warranty repairs. Replacement is an $800k project in 2018 dollars and there is no way to budget adequate reserves for this with our current dues.”

Also, in 2018 I filed a petition with the Dept. of Real Estate, and then used the election proceedings for the 2018 Annual Meeting to inform the membership about it. My first Letter of Interest was rejected because Ms. Lashlee claimed the lawyers considered it to be defamatory. I then submitted a new Letter of Interest, which was included with the ballot, informing the membership that my petition would be posted at my blog. The judge’s decision went against me, the HOA won, I lost, Ms. Lashlee sent the decision to the membership, and I posted the petition. On the day of the Annual Meeting I had my name removed from the ballot.

2018 was the last time Greenlaw Townhouses Unit Two HOA elected a Board of Directors, and the last time there were at least 5 candidates on the ballot. Every year since 2018 so many homeowners have refused to approve the candidates that no quorum was achieved and no election was possible. In 2023 there were no candidates. And yet, to date, you have continued to claim to represent the Board, and Susan Jennings has claimed to be the president.

If the readers of this open letter want to know why I am so adamantly opposed to this Special Assessment, or any contract negotiated by Melanie Lashlee and Susan Jennings, they need only read my blog. But now I would like to direct my comments to the HOA members who are not Susan Jennings, and whom Melanie Lashlee named as Board Members in her January 7 email.

Originally, I had thought that without an election there could be no directors; however, thanks to a neighbor who sent me a comprehensive analysis of Article IV Sections 3 and 4 of the Bylaws, I now know that I was mistaken. But, it doesn’t change the fact that the minimum size of a board is 5 directors. and you know as well as I do that from November of 2019 through January 7, 2025 you did not have, nor claim to have, the necessary 5 directors to form a Board. In Ms. Lashlee’s own words in her January 7 email: “This is the fist time in many years we have had interested parties step forward to show interest in serving the community.”

2023: an election with no candidates. Please correct me if I’m wrong, but I doubt than anyone other than Melanie Lashlee and Susan Jennings took part in negotiating and approving this Special Assessment, which involves more than a million dollars and a bank loan of $250,000, and Melanie Lashlee and Susan Jennings did it when none of you were watching. You must know that you are not directors or Board Members, but by not denying Ms. Lashlee’s claim that you are, you put yourselves at risk. If there is any legal action of any kind, you will wind up right in the middle of it, and you can be held liable. And for what? To protect Melanie Lashlee and Susan Jennings from the consequences for having brought forth this Special Assessment without the authority to do so?

Sooner or later the roofs are going to need replacing, but I have no doubt that Melanie Lashlee and Susan Jennings have bungled the management of the HOA in general, and this Special Assessment in particular, so badly that there is no chance the membership will ever approve the necessary funding, unless you take action. By naming you as Board Members, Melanie Lashlee has given you the authority to do one thing and one thing only: change management companies.

It’s not like HOAMCO is the only management company in Flagstaff. Sterling Real Estate Management, formerly Marc Caro Property Management was managing Flagstaff HOAs long before HOAMCO came to Flagstaff. And it only takes three of you, a quorum of the Board, to make the change. Find a management company you like, explain the situation, have a Board meeting at their property, sign a contract and they will take care of the rest. You still get to be in charge, but without the incompetence and dead weight that some of you have had to deal with, and, apparently, were willing to overlook. If you don’t make the change, I doubt this HOA will ever be able to find a way to replace the roofs that, as we all know, will eventually need replacing.

Sincerely,

Bill Lee

Former HOA Director, Secretary and Vice President