Division 12 Owners,
Mark Roberts writing for the Canterwood BOD makes it clear you are by you are on your own when it comes to the storm drain. He cites Document 8803180143 as the underpinning for his deep analysis. I wrote the document in 1988 (Bill Lynn who still practices law was the development company`s lawyer)and I can tell you sending out a chicken s—t letter like Mr Roberts did is the last thing I envisioned I would ever do. Here is the reality behind the Boards position.
First I have to digress. Calling it the Board is simply camaflauge for Joe Jackowski. Last Thursday a few long time residents asked me to challenge the Board over why they had not taken action to stop the CDC from selling off two lots critical to the appearance of the Peacock entry (how about the 105 foot strip of lawn running the entire drive from Peacock and where the pond and gate are?) Joe J as President of the HOA signed an agreement from the CDC once again citing my work 880318143 as justification. I pointed the two lots were clearly shown as common area in a critical map and that the section “excluding” them was in Section 6 Assessments because why would we want to pay 100 dollars per month forever on each lot since they would never be sold. Joe changed the debate to point to an OACC settlement as possibly allowing CDC to reclaim the area. Never seen a redder herring so close up.
The parallel between selling off part of the entry to the storm drain problem is close to perfect. A Home Owners association is formed to cover essentially what a small city manages. Laws were changed in the 70`s to allow private streets and utilities to promote variations in housing types and street designs trading common area open spaces for pockets of density. The plat form operating these private utilities was the HOA. In your situation , no one on the Board paid any attention to all to those fingers now pointed at Rush for not turning over correct documents at the right time. Basically Canterwood has thousands of feet of different utilities and roads and no one in charge who knows a vault from a clean out. The HOA failed to make sure the storm drain was being maintained, then faced with a problem of their own omission , resorts to the HOA`s lawyer to nit pick your claim. Imagine a city without a public works leader and all problems go to the lawyer to explain why they have neither jurisdiction or responsibility. Joe`s five years essentially running the HOA is to control everything while being responsible for nothing. He is no spendthrift.
The storm drain problem is very much like the water quality that erupted a few years back. CDC was still responsible for water quality but no one carried or if they even knew, it was always driven by cost. Thelma Channon led the fight to get the BoD to fix things so you can imagine how far under the table they were hiding. Still as always instead of dealing with a terrible problem they dodged using technicalities. This cost the President his reelection and CDC did a little but there still are water quality issues being avoided.
We knew when we started the new Canterwood in 1987 that we were forcing a large responsibility on future HOA Boards. It would have been deceptive had we not completely planned on Canterwood annexing to the city once it was built out. Mike Wilson was the lead manager for the city of Gig Harbor and I was the effective CEO. Over 11 separate legal agreements were signed by both parties (CDC and Gig Harbor) over the next 24 years each one underscoring that the extension of sewer came with the understanding that we would annex upon build out.(lots of information about this on the Canterwood Annexation web site)
This need for real and responsible management of Canterwood binds together the selling off of the entry, water system problems and risible maintenance of the storm system with the big daddy of utilities ,your sewer connection to Gig Harbor( STEP). Right now being outside the city you are responsible for the pumps, tanks, pressure lines to GH in every way. This is a big risk with no up side. (Everybody is sick of hearing about the 100,000 dollars STEP pays for no valid reason) If we were inside the city we would still be responsible for storm and streets but we could get professional direction on how to do it. However the City as envisioned by me and Mike (and the DOE) would be 100 percent responsible for your STEP.
STEP in the other divisions was a mess 8 years ago because previous boards wanted to avoid responsibility. The city was complaining about the chemical composition and infiltration caused by leaking septic tanks. We were lucky because a really dynamic fellow from Miami took charge and got everyone to spend money and tighten up the on site systems.
Allan Weiss had a hard time getting on HOA Board (not an active golfer and thought to be a bit of a trouble maker) but as in everything he persevered and was working toward annexation with Mike Wilson when he was stricken and suddenly died.Mike who has a lifetime in city and utility management maintains our two step boards are breaking a Washington State law that states this type of system has to be managed by a public entity.
I would enjoy attending your meeting but I doubt I will be invited. I assure you I will only answer questions and not get into annexation because this storm drain issue is an HOA irresponsibility. I am the target of the “Not yet the time for annexation group”. They have analyzed me and discovered I am motivated by owning forty five acres that I bought 11 and 25 years ago. I like to think that fact I was the critical leader for the first ten years of the Golf Course Canterwood during its major transformation, lived in Canterwood for 28 years, just bought a lot on Old Stump, am a social member with a son who is joining as golf member, combined with the fact that I seem to be the most knowledgeable about Canterwood, is also a factor in my motivation. I am planning to run for the BoD in December. Mike Wilson, the former city administrator is working totally as a volunteer because he feels it is unfinished business and he retired this year. We have tried several time to make our case with both STEP Boards and the CWHOA. (you should see the impressive letter Mike sent to your Division 12 Board) Each of the three groups tell us to mind our own business, they have it all covered.
John Morrison
