MY TURN By Barbara Chapman

The future at Sunrise Lake Now the Concerned Citizens have achieved what they have worked so hard for over the last three years - the transition to an association, trustee or beneficiary as suggested in the final recommendations of their expert witness report prepared by Appletree Management Group dated February 2008. The original owner of the common areas, Sunnylands Inc., is a private corporation and as such it had operated as a for-profit organization. It could pick the contractors it wanted to use, charge a fee for use of its facilities and roads, and forgive debt. The corporation’s principals are the three children of the original owner, the heirs to his estate, which include the sister, who is just as much a partner as the two brothers. Our deeds were simple, the restrictions few, the annual dues low. The mandatory road fees paid for the paving of the community roads. It paid for the snow plowing and sanding. It paid for the resurfacing of the aging sections. The amenities and common areas were owned by Sunnylands Inc. The corporation charged an optional fee for the use of its facilities. By deed restriction, no one could ever be forced to pay for the optional facility usage. Wear and tear and age caught up to the community and as the development grew, resources thinned. Sunnylands tried to keep the dues low. It felt obligated to the working class families who had raised their children here and now were retired on meager pensions. It forgave debt until estates were settled. If someone was faced with medical bills or a loss of job, dues payments could be delayed until the sale of the property or better financial times were reached. With limited staff, Sunnylands tried to maintain the quality of life so many had come to take for granted. But discontent reared its ugly head. Worse than discontent was entitlement. For a nominal fee, the lowest dues in Pike County, people expected their desires to be met without having to expend any effort themselves. And now, after a needlessly bloody battle, after reputations have been torn and discarded, we are in the exact same place as we were before this process started. Road fees still may only be spent on roads. All those outstanding dues are the mandatory dues designated as road fees and so must legally be spent only on the roads, not on any other facility or amenity. The amenity fees still may only be spent on amenities, which are voluntary and optional. The back dues that people complained Sunnylands didn’t collect - they’ll be collected now. It was kind to suggest a collection agency that would do this for a commission and only put a hit on someone’s credit if they didn’t pay. The actual full recourse for uncollected back dues is foreclosure (Section 5315 of the UPCA). The little old lady may now be threatened with eviction, as would the struggling family whose wage earner has lost his job or who faces high medical bills. There is no more option to grant a little grace and compassion. Association law doesn’t allow for that. “Transparency” and “sound fiscal management” are not campaign slogans -- they are mandated by law. Association law is very tightly binding to the board of directors, and (civil/criminal) violations can lead to penalties including jail. Board of director liability is very real. The strong arm of association law can ratchet down on both the residents and the board of directors. If you can do anything for the true protection of our people, put a covenant in the new bylaws that there shall be no dues increases or special assessments without a referendum that passes with at least 2/3 of the entire membership-in-good-standing. Those who pay their dues should have the say in the impact of them. If a pool is to come back to Sunrise Lake, it must be financed and operated by the participants, with no impact on those who can neither afford it nor care to participate in it. The amenities and recreational facilities must be supported by the people who want to participate and benefit from them. A recreation committee can be formed to host picnics and events that are supported by ticket sales. The Sunrise Lake Athletic League can raise money to fix up the baseball field and run games for kids and adults, as is done in independent communities all over this country. The playground committee can have a fundraiser and then build and maintain the new playground. Are your teenagers bored? Let them have their own fundraiser and then teach them how to build a clubhouse with the proceeds. They’ll take good care of something they worked for and built with their own two hands. Form work parties to pick up trash. Tidy up your own little homestead. Keep an eye out for goings-on and call 911 for criminal concerns. Limit your own activities that may annoy the neighbors, such as loud noises and unruly ATVs, so that blanket restrictions aren’t imposed upon all. A little neighborly courtesy and respect will go a long way toward keeping the independent lifestyle we all have enjoyed. We must each do our part now more than ever to keep costs low while improving the quality of our community. The future of Sunrise Lake is literally in our own hands. Barbara Chapman is a Sunrise Lake resident, a paralegal by profession and was a candidate in the recent election.