June 24, 2009

Procedure for selling member's property..Artical VII

It is unclear to any of us whether these procedures were ever followed. From the association by-laws it states that a member may sell his real estate in this association to whoembver he deems a suitable buyer, provided that such buyer qualifies and is acccepted for membership in accordance with these bylaws. In SECTION 2. Right of first refusal. Within 10 days of the decision by a member to sell his real estate in the Association he shall notify the President or Secretary of the Association in writing that his interest in such real estate is for sale. Such notices shall specify the name and address of the prosepective purchaser and the terms and conditions of the purchase. Each member covenants and agrees that the Assoication shall have the first right and option to purchase such real estate at the same price and on the same terms and conditions as set forth in such notice. The board of directors, with the approval of the membership, shall determine whether or not to excersise such option. Within thrity days after receipt of such notice, the Secretary shall notify the member of the decision of the Association as to the exercise or non-exercise of such option.

Due to the confusion that first year, I believe that David Meyer did notify the camp when it was first determined that the cottage would be sold. The fall of '07 was ripe with motions, back and forth and back and forth. The order to sell to David Symons was made and then we filed for appeal. This put things on hold. Again, with the appeal being denied (didn't have a final order and the court of appeals refused to hear the appeal).. I think things got sort of lost in the dust. Zooming ahead a year, enter the Radke Trust. This was news to us and under the circumstances of the new purchaser, only the board would know if the notice to purchase was ever presented for first right of refusal. We have no paperwork on this.

As spelled out in the by-laws, transfer of ownership between immediate family starts with the person whose name is on the deed. From that person or persons the property can be trasferred, without a fee, to the spouse and to their issue.

(The question remains.. is the Radke Trust considered a spouse?) In real estate terms, no. It is an entity and therefore, subject to certain transfer taxes, etc. As far as the association goes?? I'm sure it was handled professionally and with utmost care considering the relationship of the owner/president, etc. Perhaps someone from the board could validate that this transfer of ownership was handled appropriately? Notice to members, etc.?

I suppose the annual meeting will address whether there was a transfer fee imposed. Did the association board and its members vote on this transfer of ownership?

28 comments:

Anonymous said...

To tell you the truth, I don't think the annual meeting is going to discuss the symons problems. I think what they will do is have a closed door session on this problem. They should have david symons step down from his post as a board member/president. He has made a mockery of this association and to the people that reside here.
We used to talk about how beautiful everything is in camp and what a fantastic job Kris has done with getting the camp in order. It was a time to restart where we left off the summer before. Little things like when is the dell going to start, who is going to win the ballgame this year. etc. etc.
Now it's going to be about what an asshole slymons is and what he has done to our wonderful camp and the people that live here. If any reason he should step down before summer starts and give the reigns back to the people that care about Lakeside. He doesn't by any means.

Anonymous said...

That's right life was simple as soon as you drove into lakeside. You left your troubles at the gate.
It's a time to see people you haven't seen in a year and you started back up as soon as you saw someone. I hope that doesn't change. But it will because of one family that couldn't sit down and solve their problems. I'm staying near my cottage and hopefully I won't be cornered by the devil himself

Anonymous said...

It is imperative to find out if the association was properly notified of the Court's decision to let David Slymon's purchase this property for 575K, and if the association gave due consideration to it's right of first refusal to purchase the property themselves for 575K.

If any members of the Board read this blog, please let us know!

Anonymous said...

The Association absolutely should have purchased this property-- which would have ended the controversy and protected Lakeside from the ensuing circus.

Anonymous said...

Who is the Secretary of Lakeside? Should this individual not have notified all of the tenants-in-common of the Slymons/Lee/DeGeues/Jenkins cottage of whether or not The Board was going to exercise its right to purchase the cottage at $575?

Shouldn't this be in meeting minutes somewhere? Lakeside Board, we need your help here!

Anonymous said...

Maybe the board was intimidated by David's bullying?

Considering the fact that El Slymo was president of the Board, it's little surprise that this farce sailed through smooth waters on the Lakeside Board.

If the Board has any written notes on the subject- is it not their responsibility to come clean with all the members on what happened? You know, a little thing called transparency?

If David exerted undue influence to get his way-- shouldn't there be consequences for such behavior?

David Slymons is no better than Kwame Kilpatrick in Detroit, and frankly, I'm starting to get the impression that the Lakeside Board may have more in common with the Detroit City Council than we'd like to believe.

Anonymous said...

"transfer of ownership between immediate family starts with the person whose name is on the deed. From that person or persons the property can be trasferred, without a fee, to the spouse and to their issue."

I'm a lawyer, and there is no question here whatsoever. The Radke Trust is most definitely NOT a spouse, and so therefore the transfer fee is fully applicable.

If the transfer fee was waived by the Board, then this is purely a case of cronyism and influence peddling by David Slymons. If he had any ethics, he would have recused himself, citing an obvious conflict of interest.

It's really important for the board to come clean at this juncture.

Anonymous said...

I would like to "qualify" (not delete) my previous comment about the Lakeside board. Now I realize that an "appearance" of impropriety doesn't necessarily mean wrong doing took place.

Joey's probably right in saying that the association handled this matter appropriately and with 'utmost care.'

However, you gotta admit- its kinda funny how everything regarding this matter just seems to magically go David's way.

If something walks like a duck, talks like a duck, smells like a duck.... just sayin'

Anonymous said...

"To tell you the truth, I don't think the annual meeting is going to discuss the symons problems. I think what they will do is have a closed door session on this problem."

Why on earth should this be a closed door matter? To protect David Slymons from embarrassment?

What about the humiliation, pain and suffering he caused his own sister and numerous nieces and nephews?

This matter serves to be taken up by the entire association in a public forum. No more back door meetings and influence peddling!

Total Transparency!

Anonymous said...

Should read:

"This matter DESERVES to be taken up by the entire association in a public forum."


Secrets and lies and back door meetings have contributed to this problem... so let's be open from now on, Lakeside!

We need to set a precedent of honor, fair play, and abiding by our own rules... because this issue could come in the future with other cottages.

Anonymous said...

Is it true, as an earlier poster stated, that due to the sale, the Slymons's would have to re-apply for membership?

What about Bonnie and Jim? Have they applied for membership, and has the association voted on their application yet?

Anonymous said...

who votes people in to Lakeside? The cottage owners or the board. I have never seen anything like it so chances are it's the board.

Anonymous said...

I think that there are some valid points that have been brought up here. I think that someone should write a formal letter to the board to review these points that are being raised. The board must discuss any matter that is brought to them from the members. Remember that there are 5 members on that board. If you are not comfortable giving the letter to the President, give it to another board member. If your answers are not met by the board, them bring it up again in the Annual Meeting. This blog is very informative but if you want action bring it to the attention of the board and the members. Not everyone is reading this blog.

Anonymous said...

"This blog is very informative but if you want action bring it to the attention of the board and the members. Not everyone is reading this blog."

I'm actually pretty interested as to who IS reading this. I think there may be a pretty good chance that there is a board member or two that may be reading. Surely, I would trust that even if there WEREN'T board members following the blog, they would at least have enough sense to bring up some of what we're talking about at the meeting.

"...I don't think the annual meeting is going to discuss the symons problems. I think what they will do is have a closed door session on this problem."

Even if it's only brought up behind closed doors, I think that it would still be handled. Who on the board would still choose to look the other way? Afterall, it's not just any member of Lakeside that has done some really crappy things... it's the damn president! I suppose I have faith in the board.

Anonymous said...

How about if anyone from up here is reading the RDJ we paint our front doors red????

Anonymous said...

"I'm actually pretty interested as to who IS reading this."

There's no way to tell for sure, but Google does provide software with the Blogger package to ascertain viewing stats.

Topper, any chance you could provide us with some viewership stats?

Anonymous said...

"How about if anyone from up here is reading the RDJ we paint our front doors red????"

This is a grand idea! Imagine a beautiful sea of red doors in Lakeside?

Just your under average blogger said...

If someone chooses to identify themselves there is no way for me to know who they are. Nor would I want to, they choose that and I am fine with it.

Just your under average blogger said...

I meant to say "if someone choose not to identify themselves" there is no way of knowing who they are.

Anonymous said...

Ethics? Ethics you're asking for from David Symons? Come on. Never had them. Ever.

Anonymous said...

Would the person writing that letter to the board have to identify him/herself?

Anonymous said...

"Would the person writing that letter to the board have to identify him/herself?"

Hopefully they would!

Why is everyone so afraid of Slymons?

Anonymous said...

someone from the board I'm sure reads this and knows how we feel. It's best to be anonymous cause people really speak their mind. leave it. I'm sure we'll see the end to slymons in some way or another

Carlie said...

"Why is everyone so afraid of Slymons?"



That is precisely what I have been asking this entire time.

Anonymous said...

No one is really afraid of President Oslyman....he is a very old and shallow person.... he thinks he has pulled as fast one over his relatives as well as the Lakeside Association.

Anonymous said...

Nobody is afraid of slymball except for carol,scott and rick oh and janet. slymons might ground them if they don't behave. oooohhh
I think what Lakesiders don't want is confrontation from someone as slymy as slymons. We all have to live near each other. I hope someone brings up this mess at the annual meeting and I know just the person that would do it. I can't wait to either hear a pre-written letter or hear him being caught off guard. Oh the stuttering starts. I'm going to laugh out loud either way. I think I'm going to laugh the first time I see that DICK anyway

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