This week our community received another statement from our HOA Board about the Carefree water reservoir lawsuit. They have now exhausted all legal avenues to prevent construction of the water tank, and we would encourage them to plan realistically for the future benefit of Association members and avoid self-serving and inaccurate explanations.
With the recent ruling permitting construction to resume, the Board should reconsider its options and discuss how best to meet their fiduciary obligations to all of us.
Instead, their latest communication reads more like an expression of simple frustration. The accusations they make seem too specious, the conclusions they draw too self-serving, the people they accuse of corruption too numerous, the projection of future returns too wishful. They even suggest it would be “irresponsible” for the Town to begin construction before the current appellate court action is settled, despite losing six motions in the appellate and two other courts that would have prevented the start of that construction.
Carefree Unity members are all former BHOA Board members. Many of us received legal advice suggesting that challenging the Town in court would be expensive and likely to fail. Our current Board would have received the same advice but instead they fired the attorneys and hired a condemnation specialist willing to challenge the constitutionality of Carefree’s use of eminent domain to build a water tank. The results so far, 13 decisions rendered by eight judges in three court actions all decided in favor of the Town, suggest that the advice of our former attorneys had a solid foundation.
With the upcoming HOA board elections this March, we respectfully ask all our fellow neighbors to evaluate the HOA board candidates carefully. We would like to see a return to the routine business of the Board and will support candidates that will commit to transparency and dispassionate consideration. We believe such members can be a positive influence on the rest of the Board. We will publish more in the weeks ahead as candidates are identified.