Synopsis

This is a brief synopsis of all the information that is covered here. Individual pages go into much more detail. You are welcome to comment or send questions to [email protected]

The GWLUA has expired. The GWLUA was created on 4/26/1994 using NMSA 53-10 the unincorporated associations act. The law only allows such associations to exist for 20 years, which would be 4/26/2004. Additionally, our By-Laws call for an automatic termination of the GWLUA in 25 years (4/26/2019) unless 75% of community members approve. Our lawyer Chavez said we have expired. Reynolds disagrees.

Do we want an HOA? HOAs are created to ensure that agreed upon community maintenance is done, that expenses are paid and that covenants and rules are enforced. A management company can do all of this except enforce the covenants and rules. In the past Association if that Board was inconsistent or fails to enforce covenants or rules, a member must file a private lawsuit to try to get enforcement. Without any HOA, a community member must file a private lawsuit to enforce covenants and rules.

Pros and Cons of Incorporation Lawyer Chavez has said that, if we have an HOA, it MUST be incorporated. The only argument against incorporation is cost and paperwork. The paperwork is minimal but annual papers must be filed to remain in good standing. Filing costs anywhere from $25 to $100. A registered agent is required and this is often a lawyer, but it can be anyone with a physical address. The Pro is that community members will not be personally liable for actions of the Board. If the common lands are owned by the community, incorporating also protects members from personal liability for injuries on the lands.

How do we make this happen? We need a mandate from the community: we must get super-majorities for all decisions. If we do nothing legally, the GWLUA has disintegrated and all assets must be dispersed to the members. Will the past Associations Board listen? Historically the answer has been no. However they only have power if we agree to reinstate them. Worst case scenario - the community can pass a vote of no-confidence, which removes the entire board. This leaves us as simply a subdivision in need of a Property Manager to take care of business; paying taxes, insurance etal.

HOA Lite This is an innovative approach to self-governance in which we have a legal HOA that is entirely controlled by community vote. This community vote would be held online without the need to attend meetings. You would be responsible for keeping up with the information on the website and vote when necessary.

Can't we just leave things alone? You can't deny the increasing tension in the community. Facts have been revealed that can never be covered up, so it's unlikely we can just ignore everything going forward. Just about everyone has some complaint about how things have been run, and with the termination dates having past, something must now be done. And what's better, something CAN BE DONE NOW! We can make changes.

What's next? We have to rise up and make our voices heard. Things can happen fast if we want, but it will take some work. Please help!

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Synopsis

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