BHVA Election Results 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.

pdf

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."

 

Fields Settlement Offer in 2021

 Here is the link https://1drv.ms/b/s!Aq6s1DKvmqfhgt1ivAWUN2MwayXb0g

Questions submitted fot the Aug. 3, 2023 BHVA Meeting by Bill Neidel

 Hearing on Violations Issued by the BHVA to the Fields

On Thursday October 20, 2022 the BHVA BOD held a hearing called by them to allow the Fields and their legal team to voice concerns and questions about a series of violations that had been issued over the July to September 2022 timeframe.  

Question: Could the BOD please update the community on the status of the issues covered in this hearing.  Please indicate the status of each of the violations listed below including the amount of money collected in fines from the Fields. Also, please let us know how much BHVA (we) have paid for legal representation in this effort and whether it is complete.

Here is a list of the violations:

1. Commercial Operations on a Residential Lot
2. Gate on Dock A
3. Pier Installation on 5682 Shore Drive
4. Bison on Hicks Road
5. Cutting of Trees; Violation of Other Environmental Controls; Violation of Approved Site Plan
6. Construction Debris Fire and
   Restriction on Use of Recreational Property
7. Illegal Structures and Construction Staging on Hicks Road
8. Re-routing of Shore Drive and building over of the
9. Association's Right-of-Way
10. Unapproved Structure in the Outparcel + Demand for Inspection
11. Unapproved Annexation
12. Unapproved Cable Installation and Trespass
13. Kayak Storage Business on a Residential Lot, 5682 Shore Drive
14. No Non-resident Use of our Waterfront Facilities;
    no Motorized Vehicles on the Beach
15. Second Demand for Inspection
16. Long list of Violations and respective Fines;
    Moving of Dock Anchors
17. Obstruction of Inspection; BHVA Board Hearing; and
18. New Inspection Date
19. Improper Boat Storage in the Open Garage Structure
20. No Motorized Vehicles on the Beach

Here is the response I received from Ashley and my response to her:

Hi Mr. Neidel, 

I received your questions and will submit these to the Board. For Thursdays' meeting, please select one question so that the Board can answer for that night. 

Thanks, 

Ashley

————————————————————————————————————————-

My response to Asnley

Here is the “one” question: To date how much have we spent on legal fees for this effort?

Will the board answer ALL the questions about this effort subsequent to Thursday night?  For future reference, how do we submit questions like this? Who do we email them to?  Is there any recourse if the questions are not answered?

Ralph Gebhardt - Answers to Questions

  1. Bj H.

Have you read the declaration, bylaws and offering plan for bhv?

YES!

2. Susan V

What is your position as to the Fields lawsuit against the Community?

I am in favor of a settlement. I understand and believe in the importance of preserving BHVA's property and amenities. We have had non-resident boat slip rentals for over 40 years. The money spent in assessments last year alone equals over a year’s worth of HOA dues. The costs will only get worse if this goes to trial. Insurance will not pay for damages if we lose this case, and I am not convinced by recent rulings that we can win. A settlement will not please everybody, but it’s not meant to. I worry about how much misinformation I have come across in researching this very topic, all with the intention of keeping the community favorable to continuing this expensive legal battle. The decision on who to vote for is simple. If you want to continue to overspend while living here, vote to keep the current BOD intact. If you wish for an alternative view and a more open BOD who are committed to a peaceful resolution, vote for new and diverse candidates.

3. Darren Brennessel

Will there be more oversight on the activities of the maintenance facilities projects regarding the facility itself that seem to be never ending and will you be addressing the lack of information about improvement projects (before they happen) around the village such as road repairs, lighting changes, electrical work, drainage issues,etc.

Darren, I also have been asking for more transparency since I first ran two years ago. In fact, I’ve researched NYS Not For Profit Laws (Consolidated version) to learn exactly what our legal rights are with regard to accessing BHVA documents. It took me approx. 6 months of requests and the submission of notarized affidavits before Kenrick would release a list of names and addresses for residents of BHV. I also went in to look at the financials from the last two years, along with the checks that had been written during that time period. We did not see an actual ledger. We are still waiting for the 2020-2021 financials to be handed over by the ex- Board president. Apparently, Crofton did not keep any organized records. I know that’s not exactly what you are asking for, but it shows my commitment to greater communication if elected to the BOD. It is the legal right of all residents to have this information.

Your rights under NYS LAW:

Google: NYS not-for-profit laws consolidated

Click on: Article 6 members

Click on: NY NOT PROF CORP § 621. Books and records;  right of inspection;  prima

facie evidence

4. Bj H.

Do you understand the different HOAs that exist in BHV and the role BHVA has verses the role of a condo or other HOA in BH.

I understand from the example I’ve seen and experienced while residing here. Our local HOA president, Dave Godshall, does a fantastic job assisting with all applications to the Environmental Committee, ensuring they are properly filled out and that the EC rules are followed. This application goes next to the EC Committee and finally, to the BOD for final approval. This Lakewood Trail HOA also gives residents full detailed disclosure on all budget

matters.

5. Bj H.

In an ideal world how would you like to see the multiple law suits resolve.

   I would love to see successful mediation that would result in a settlement where BHVA’s

 property and amenities are protected, now and for the future. I believe, as has been the case for over 40 years, that the Marina needs nonresident boat slip renters in order to be a viable business and keep the fees for resident boat slip renters lower.

I would like to see cooperation and respect between neighbors and between residents and our sponsors. I want to believe that with a mutually acceptable settlement that this community can heal after so many years of emotionally harmful discourse.

6. Bj H.

Unless an unforseen event takes place, wIll you committ to attending and participating in all BOD meetings either virtually or in person?

Barb, Deb and I live here year-round. I aim to be more involved than many, especially in the first year to gain experience. I also plan on making myself available to the community weekly, in the Community Center, to meet with residents and listen to their concerns.

7. Bj H.

Will you take on a specific function on the BOD and not be one of the "sitters" on the BOD. We lack a VP and lack leads for projects that could be taking place while others on the BOD appear busy with specific responsibilities and maybe even overburdened?

I am not a sitter, and will volunteer for any position where I am needed. I will do the best possible, under the circumstances. Always have, always

will.

8. Susan V.

What are your thoughts on the management company and would you be in favor of a change?

I am most concerned about the hiring and firing practices at Kenrick. How is it that so many come in new and are gone within a couple of weeks? It seems like the most helpful individuals were let go or they resigned. Some of that is on the BOD because secrecy has been an inherent quality of governing and managing. How can a young person, with little experience, understand the intricacies of the Non-Disclosure Agreement? Could that be the reason so many of the new hires have been fired? The Kenrick people are here to serve the BOD, and I would like to see them serve the community. It is, at the very least, prudent to do a search for alternatives. I am not pleased that one needs to schedule an appointment just to ask a simple question. I believe there needs to be some availability of the management company at the Community Center

office.

Would you commit to getting the beach stairs fixed/usable no later than the end of 2023?

I am disappointed that they have not been fixed already and question where the funds are that were earmarked for their repair. This has been going on for over three years. I would also like to explore other alternatives, including a tram, which we could also use whenever our elevator is out of order. This would give us more options and provide plenty of avenues of access. We need to prioritize our spending options, legal vs infrastructure.

9. Steven Herrmann

Would you please rank, in priority, where assuring the safe and timely fashion of residents to access the beach via the stairs falls on your agenda considering the tenuous nature of the elevator and recent breakdowns.

  See above.

 10. BRUCE H.

Have you read the law suits and do you know who sued who first?

Bruce, most residents are aware that the Fields sued BHVA first. This suit was for access to the elevator when the Fields’ and their non-resident marina customers’ fobs were disabled and denied access to the marina. I believe you, Bruce, were the President of the BOD at that time so maybe you could shed some light on why the decision was made to shut down access to the boat slip renters without notification. Even more concerning is that the BOD has decided THIS WEEK AGAIN NOT TO PROVIDE ACCESS CARDS TO ANY NONRESIDENTS THAT WANT TO RENT A BOAT SLIP AT THE MARINA. Since that is our ONLY way to access the marina, it is becoming clearer as to why the stair repairs have been put off for years.

Our BOD is again trying to provoke a lawsuit, because if we get sued, then our insurance will cover most of the lawyer fees. After three years, millions of dollars spent and agonizing emotional turmoil, we are back to square one. If it is the intent of the BOD to take control of the marina, then we should be informed of the future vision and be guaranteed that the community gets a vote on the purchase.

11. Maureen Cleveland

Would you commit to full transparency on both planned and actual spending on a

monthly basis with line item details (e.g. chaise lounges at the maintenance facility)?

I believe in full transparency and believe BOD meetings should be run akin to school board meetings. The first thing on the meeting agenda should be a review of all accounts during the month of that meeting. I also believe that we should be having monthly open meetings. I don’t know why the frequency of meetings has changed. A more positive environment is needed across the community. I’m tired of seeing threatening letters concerning the refuse building, the kayak stands, etc. This community needs a more positive attitude and a more open

BOD.

12. Jordan Lack

Would you be okay with knowingly participating in a violation of the cove agreement our neighbors signed, even though BHV was not originally a party to the agreement?

After reviewing the cove agreement with Lindsey, we interpret the cove agreement as not coming into play until there are 119 resident boat slips rented. This number has never been reached and is not the case today. Therefore, the cove agreement is not violated, or even applicable, to our current

situation.

13. Jordan Lack

The village will require increasingly expensive repairs to its infrastructure. The current board is updating our reserve study. If the study concludes our reserve is underfunded,

how will you address that?

There are more creative funding options (rather than just more assessments) for paying for buildings, roads and sewers available while building better relationships with the Town of South Bristol. The town can procure a better interest rate for a 30-year bond without losing control of our roads. This would spread the payments with interest throughout future generations and not just to those of us living here today; unlike the money paid out for the maintenance

building.

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BHVA BOD Candidates 2023

This is a site that will share information about candidates who are running for the BHVA Board of Directors in 2023. 

Questions and Answers - Click on the candidates's name to see the questions and their answers. 

Ralph Gebhardt  - Click here

Jeremy Fields Nextdoor Post July 18, 2023

 Jeremy Fields Nextdoor Post July 18, 2023

Jeremy Fields Author Bristol Harbour

Marina access "Safety and Access update "Time to Take Action" Just to keep the community up to date, I recently received an email from the BHVA BOD, through Kendrick, stating that they have been reviewing their non resident policy.

For weeks now, since the Appellate Court Decision, I have asked the BOD for a "reasonable" number of access cards for non resident slip renters. Historically, since the inception of the marina, Bristol Harbour has had non residents. Preference has always been given to BH residents, and in several of our settlement proposals, we offered charging a surcharge to non residents. The surcharge would go to BHVA for maintenance and upkeep of the bridge and elevator.

However, now the BOD informed me that access cards are for residents only.

Additionally, structures have been added ( white kayak racks) that block the easement by prescription ("driven way") and the 15' deeded Right of Way blocking access to the marina.

This is the same "malicious", "intimidating", "targeted", "overtly hostile" behavior that 2 Supreme Court judges and 4 Appellate Court judges have referenced in their decisions.

In light of this, I plan to meet with the town to obtain what is needed so that I can start the repair of the stairs ( 4 years is enough... was this an intentional stall by the BOD to block the access to the marina at the expense of the community?)and clear the ROW for safety reasons so there is clear access to the waterfront.