Sunday, August 20, 2023
Wednesday, August 16, 2023
Letter from 3 candidates running for the board
Dear Friends-
With elections week upon us and just a few days left to vote, we would like to formally address the community as running candidates for the BHV board. There are many things that we hope to accomplish if elected to the BHV board.
Open Communication –
It is our opinion that there has not been enough transparency, specifically financial transparency, and accountability. We would like to create an environment in our community where open communication is encouraged and supported. We won’t require community members to communicate through a management company if they want to speak with us or run ideas by us. Members of the board should be open to listening to everyone, not just selecting members based on personal agendas. We would like to bring this community closer together as a whole and to facilitate building strong working relationships between all entities associated with the workings of Bristol Harbour. If elected, our goal is to regularly schedule times to make ourselves available. We would like to coordinate regularly scheduled times to be available in the Community Center to listen to concerns you may have. The hope is to bridge that gap in communication. Additionally, we want to encourage and support
It’s understood that if selected as a board member we are being entrusted with a vital role and that the decisions we
make have not only an impact on the community, but also on each individual member of the community.
Dissemination of Information –
It is essential that timely communication occurs from updates on legal/mediation, large community projects and financials. When discussing court decisions, a link to the decision should be included. We have a right as a community to have these updates in real time. We invite you to read NYS Not-For-Profit laws that speak on what we, as homeowners, have a right to. First, it appears that we have a right to a list of all property owners, their names and addresses including those of the BOD. Similarly, it appears that we have a right to see the complete financials, including ledgers and any other pertinent information where they have spent from the owners’ dues and assessment money. Absent executive meetings where confidential information is discussed, we have the right to see complete minutes of meetings when the BOD meets, as well as the results of any votes that were cast, and BOD members’ voting records. Even with executive meetings, there should be a record of the meeting, who was present and the general nature of what was discussed, e.g. attorney communication, fines/liens on residents, etc.
Resolution of Marina Dispute –
We can continue in this matter for years to come, or we can find solutions and move
any community member that has the skills
and/or knowledge to participate in the committees no matter what side of the “fence” they sit.
The community is in much need of volunteers, many hands make light work.
Our position is that (1) absent a stipulation by both parties, the court ultimately decides what are
the facts and the law, e.g. the legal import of contracts, and (2) (as we understand it) FEI is
requesting that we return to mediation. We should accept FEI’s invitation to mediation; this is
without giving up on a resolute commitment to litigate the claims should a good settlement not
be reached.
on as a community. We believe it is arguable that the marina has a set amount of non-resident boat slip rentals. We invite you to review page 6, 13 and 14 in our Community Offerings Statement, page 20, section 7.01 and then page 2, section 7.01 in our BHV declaration, and finally the Cove Agreement Page 4. Two of our governing documents and the Cove Agreements speak on this topic. However, as stated, the court ultimately determines what are the facts. Here, the Appellate Division in granting summary judgment in favor of FEI on BHVA’s standing to enforce the Cove Agreement, also held “we reject plaintiff’s [FEI’s] contention that the court erred in granting BHVA’s cross motion to the extent that it sought a declaration with respect to its authority to reasonably regulate and manage its own land including parcels it owns needed to access the marina. ... absent claims of fraud, self-dealing, unconscionability, or other misconduct the court should apply the business judgment rule ... unless a resident challenging the [HOA’s] action is able to demonstrate a breach of the [HOA’s] duty, judicial review is not available.” It is apparent the Fields primary objective is to get back to the standing practice where they can lease slips to non-residents only after resident requests are filled. Many times, the question has been asked, “Do you trust the Fields enough to honor their agreement with BHV?” We agree that any business transaction, specifically one with whom we have had ongoing litigation, requires a very strong settlement agreement with enforcement provisions. We believe common ground can be found while preserving and protecting our property and amenities.
Updating our Governing Documents –
Our Bylaws are antiquated and are due for some updating. The first area of the bylaws we would advocate change on are the thresholds to require community vote related to special assessments and new amenities/capital development projects. The other area of the bylaws to review would include provisions that call for a higher level of fiscal responsibility from our board as it relates to the transparency of our community financials. There should be a separate balance sheet and cashflow statement for our special assessment funds.
Closing –
to bring a fair-mindedness and an open-mindedness to the Board. Your vote comes down to what your
priorities for the next 3 – 5 years. Sincerely,
Keith Northridge Ralph Gebhardt Lindsey Rodriguez
VOTE FOR CHANGE, VOTE FOR THE FUTURE OF OUR COMMUNITY.
For the past several years the board has had the same mindset, ideas and perspectives. It is ideal
to have a board that provides some diversity of opinion, a board that represents all the
community not just a portion. Even with three new board members with varied perspectives we
won’t be able change the entire direction as a minority, however maybe we can encourage
meaningful conversation and contribute to an alternate perspective. We would like
Bristol Harbour Village – password - BHVA14424
Bristol Harbour Village Association | Canandaigua, NY
BHVA Offering -
https://www.bristolharbourvillage.org/_files/ugd/bfb2aa_53404afec45b4e56b7f6a20bf8a4f12f.p
df
BHVA Bylaws
https://www.bristolharbourvillage.org/_files/ugd/bfb2aa_5724a868ee204839a3469c2e38f5a1f9.p df
Rules and Regulations
https://www.bristolharbourvillage.org/_files/ugd/bfb2aa_19e19dacb7344860b1825b25213dc7e8.
Legal Documents Fields vs. Bristol Harbour Village
Fields Enterprises Inc et al v Bristol Harbour Village Assn Inc et al (unicourt.com)
Your rights under NYS LAW:
https://newyork.public.law/laws/n.y._not-for-profit_corporation_law_section_621
https://hub.associaonline.com/blog/hoa-elections-dos-and-don-ts
"Board members must always remain neutral—it’s their fiduciary duty. Whoever gets elected is up to residents, and sitting board members should never endorse one candidate or attempt to influence voters, even if they believe one candidate would be better suited for the role. That
means no campaigning for a specific candidate or making negative or unproven comments about another. Some state laws even prohibit board members from getting too involved in HOA elections beyond the scope of ensuring a fair elections process."
www.hoamanagement.com/hoa-board-election-rules/
"EQUAL ACCESS TO ASSOCIATION MEDIA
Campaigning is often difficult without the media resources of the association. As such, you should consider providing candidates access to association media during HOA elections. If you grant access to one candidate, though, you must grant access to all candidates for fairness. Association media can include HOA websites, newsletters, and the like.
Should candidates use association media, you may not edit or remove any content from their campaign materials. But you may include a disclaimer stating that the association is not responsible for the content and that responsibility rests upon the candidate alone."