V. The Board is Not Listening

It is going to cost us if we don't do something...

To all Property Owners on Olsen Drive, Eskridge Place, Opal Court, Shannon Lane, Bergstrom, Slaveck and Spangle,

The DBPOA Board reaffirmed their opinion at their April 14, 2025 board meeting that our roads are not owned by the DBPOA, and that the DBPOA is not financially responsible for the maintenance or care of these roads. They want to make us pay for that above and beyond our quarterly dues.

If you read our previous information, we warned you that this was coming.  At this same board meeting the board president, Guy Lothian, announced that he had finally received a response from the association’s attorney as to who is responsible for the maintenance of these roads. He purposely did not read this decision at the board meeting, but did announce that he would provide this legal directive at the next Roads and Trails Committee meeting to be scheduled in May. He did not address the recommendation that had come from the Roads and Trails committee, something we have been waiting for for nine months.

As we have stated, the decision of this board to pursue their agenda is totally misguided and in violation of the very CC&Rs that the board is responsible to uphold.  A decision to sit on the sidelines and allow this action to take place will eventually lead to fragmented management of the roads and long-term costs on you for their repair and replacement.

Previously, we outlined our attorney’s legal argument of Course of Practice, an equitable application of the law.  Consider these additional logical points: 

• Why should we as property owners be responsible for paying twice annually for roads, while the property owners on what the board deems as “non-private roads” only pay once annually for their roads? It is notable that none of the board members live on Eskridge, Opal, Olson, Shannon, Spangle, Slaveck or Bergstrom.  We pay for their roads why are they not helping to pay for ours?  As we all know, our roads  are used by everyone… Dover Bay owners, visitors and the public. They are Common Areas.

• Currently, all of the roads in the Dover Bay PUD are private, but used by all owners, visitors and the public. Under the CC&Rs all the roads are Common Areas (see Article 3:8 & 3:8.1 of the CC&Rs.) The Developer designated the Common Areas as noted in Article 4.1. The Developer dedicated these Common Areas, ( to include all roads) to the DBPOA. They are thus responsible for their maintenance, Article 5.4.1.  

Now the DBPOA  intends to transfer these designated  roads from being Common Areas to what they define as private? When in fact, all Dover Bay roads are private.  But in Article 4.2 c it clearly states that “No dedication or transfer of said Common Area by the Association shall be effective unless an instrument agreeing to such dedication or transfer signed by Members representing at least sixty-seven (67%) of the voting rights in the Association Members has been recorded."

• Where is the instrument that outlines this agreement and the signatures of at least 67% of the members?  There is no instrument because the board failed to follow our CC&Rs through either ignorance or intention.

This board has gone completely rogue. The basis of their decision on these roads is purely financial. They want to lower their own annual dues and pass the costs associated with current and long term road maintenance. 

Is this what you agreed to when you purchased your property?  None of us on these roads are part of a sub-association, we all agreed to the conditions and rules as outlined in the Master CC&Rs, but now this board has determined they can subject us to any changes they believe to be “fair” in their eyes. 

Please, stand up for your rights, tell this board plainly that you do not support their misguided actions.  None of us want this to end up in the courts, but flagrant misuse of authority and power as evidenced by this board cannot, and should not, be allowed.