E-Blasts and Street Signs

We want to call attention to the TLPOA E-Blasts regarding updates on special events, road conditions and other misc. activities. The E-Blasts are timely, professionally designed with  crisp colors and to the point.  It would be nice if management assigned this person or persons the job of designing new street signs, signs that reflect the natural beauty of Treasure Lake.

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More from Monday’s work session

The vast majority of property owners  are aware that just about anyone can come through the front gate, all they have to say is I’m here to see John Doe or just wave nicely to the security officer in the guard house.

At Monday’s work session a discussion took place regarding the Treasure Lake Church issuing what we will call “green cards” to their members to expedite their entrance into the Treasure Lake community.

Policy S-15 states; “This policy also prohibits anyone trespassing on any privately owned property within Treasure Lake without the permission of the owner.“

When anyone is admitted through the front gate, the security officer is in essence giving permission to that person or persons  to use our roads which are private property, owned by the TLPOA, of which you are a stakeholder, with access to anything in Treasure Lake.

Why are we installing a new front gate guard house (some have described it as total overkill) and a new gate system if we are going to continue to let anybody and everybody enter.

It is obvious that the charade continues.

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Thou Shalt Not

We think people at Monday’s board work session came away with a lot of questions. Near the top of the list is why certain board members want to put a stop to any board member commenting on “social media”.

Anyone who uses Facebook is aware that a number of board members use the platform to express their opinions on the current state of affairs in our “gated” community. One board member even has their own website which we are told is a wholesome communication ave. for opposing ideas.  

We would like to hear how you feel about this “Big Brother” proposal which in essence gives more control and power to management. 

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TLPOA would fold very quickly without “out of town” property owners.

With the majority of assessment paying property owners not living in Treasure Lake we feel that the board should take the steps to insure that the board meetings are actually broadcast, not hyped. We have received several comments from disgruntled property owners (who live in Treasure Lake) about their inability to tune in to the supposed broadcasts of the meetings. Now we have property owners who do not live here full time or who own lots, beginning to voice their opinions. Hopefully management will get the message.

Message from out of town property owner.

“Like most topics, an issue will be brought up and never followed through, lost forever.

Why isn’t the AV equipment broadcasting meetings?

So where am I going with this, I’m an out of town resident and have a second home in Treasure Lake, which results in not being able to attend meetings. A year or two ago management paid $25,000 for new lakeview AV equipment and the selling point for the cost being so high was the ability to broadcast board work sessions and meetings.

So my question is, how’s that working? I wish someone reading that attends the meetings would periscope them for free….wait, something for free? I guess it will never happen.”

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Board Work Session Tonight

There is a Board of Directors Work Session this evening at the Lakeview Lodge at 6:00 pm. The board will be discussing Security Gates—(we hope they are buying a good maintenance policy with them), upgrades to Cayman for Electric and Water, Lake Treatment, Code of Ethics, Fees and Charges, Coal Mining and Proposed 2018/2019 Budget. We have heard that there may be other items added to the agenda that will not be divulged until the meeting. Hopefully we are wrong.

The item that has our concern is the Code of Ethics and Policies discussion. As many of our readers know there are certain board members who feel it is perfectly “ok” to accept small tokens of gratitude from companies who deal with the TLPOA. One particular board member actually has made it a point to tell the property owners several times that they accepted a glass of wine with a pastry from a company that the TLPOA was in negotiations with to provide  management services. Several of us here at TLT feel it is ludicrous that any board member would think it is “ok” to accept anything, even a glass of water, from someone proposing to do business with the TLPOA. We feel that any board member or employee caught should be made to resign from the board or be terminated from employment with the TLPOA.

If you can’t make it to the meeting then we hope that you listen in on the net.

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A Past Court Ruling against the TLPOA

Recently Board member Chris Miller requested a copy of the tape recording of the November 13, 2017 BOD open work session. Mr. Miller requested the copy as a director, and the board secretary is stonewalling his request.  With this in mind we feel it important to bring to your attention a lawsuit filed a few years ago by a property owner in good standing which resulted in a favorable ruling on behalf of all property owners in Treasure Lake.

Most property owners are not aware of their “rights” to obtain certain information from TLPOA, Inc..  What follows is a summary of a lawsuit filed by a Property Owner who wanted a copy of a Board meeting and was being STONEWALLED by management and the Board.  CHERYL A. GRAY, Petitioner vs. TREASURE LAKE PROPERTY OWNERS ASSOCIATION, Respondent, Case # 07-1728-CD.

It is our opinion that it took courage and honorable determination on the part of Cheryl A. Gray to execute this action and we sincerely thank her.

Summary:  “On October 24, 2007 Cheryl A. Gray (Gray) filed a Complaint against Treasure Lake Property Owners Association (Treasure Lake) claiming that she has the right to a copy of a tape-recording of portions of a Treasure Lake Property Owners Association Board meeting held August 27, 2007.”   On June 26, 2008 President Judge, Honorable Fredric J. Ammerman issued the following OPINION.  “However, this Court finds that if a tape is made it is a record of the proceeding under Section 5508 (b), and the Plaintiff is entitled to a copy of it.”

What follows is a copy of Title 15 Pa.C.S.A 5508

§ 5508. Corporate records; inspection by members.
(a) Required records.–Every nonprofit corporation shall keep minutes of the proceedings of the members, the directors and any other body, and a membership register, giving the names and addresses of all members and the class and other details of the membership of each. The corporation shall also keep appropriate, complete and accurate books or records of account. The records provided for in this subsection shall be kept at any of the following locations:
(1) the registered office of the corporation in this Commonwealth;
(2) the principal place of business wherever situated; or
(3) any actual business office of the corporation.
(b) Right of inspection by a member.–Every member shall, upon written verified demand stating the purpose thereof, have a right to examine, in person or by agent or attorney, during the usual hours for business for any proper purpose, the membership register, books and records of account, and records of the proceedings of the members, directors and any other body, and to make copies or extracts therefrom. A proper purpose shall mean a purpose reasonably related to the interest of the person as a member. In every instance where an attorney or other agent is the person who seeks the right of inspection, the demand shall be accompanied by a verified power of attorney or other writing that authorizes the attorney or other agent to so act on behalf of the member. The demand shall be directed to the corporation:
(1) at its registered office in this Commonwealth;
(2) at its principal place of business wherever situated; or
(3) in care of the person in charge of an actual business office of the corporation.
(c) Proceedings for the enforcement of inspection by a member.–If the corporation, or an officer or agent thereof, refuses to permit an inspection sought by a member or attorney or other agent acting for the member pursuant to subsection (b) or does not reply to the demand within five business days after the demand has been made, the member may apply to the court for an order to compel the inspection. The court shall determine whether or not the person seeking inspection is entitled to the inspection sought. The court may summarily order the corporation to permit the member to inspect the membership register and the other books and records of the corporation and to make copies or extracts therefrom; or the court may order the corporation to furnish to the member a list of its members as of a specific date on condition that the member first pay to the corporation the reasonable cost of obtaining and furnishing the list and on such other conditions as the court deems appropriate. Where the member seeks to inspect the books and records of the corporation, other than its membership register or list of members, he shall first establish:
(1) that he has complied with the provisions of this section respecting the form and manner of making demand for inspection of such document; and
(2) that the inspection he seeks is for a proper purpose.
Where the member seeks to inspect the membership register or list of members of the corporation and he has complied with the provisions of this section respecting the form and manner of making demand for inspection of the documents, the burden of proof shall be upon the corporation to establish that the inspection he seeks is for an improper purpose. The court may, in its discretion, prescribe any limitations or conditions with reference to the inspection, or award such other or further relief as the court deems just and proper. The court may order books, documents and records, pertinent extracts therefrom, or duly authenticated copies thereof, to be brought into this Commonwealth and kept in this Commonwealth upon such terms and conditions as the order may prescribe.
(d) Cross references.–See sections 107 (relating to form of records) and 5512 (relating to informational rights of a director).
(June 22, 2001, P.L.418, No.34, eff. 60 days)

Cross References. Section 5508 is referred to in sections 5512, 6145 of this title.

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As most property owners know, TLPOA entered into a franchise agreement with KOA (Kampgrounds of America) earlier this year. In the long run this may bring in more money to the TLPOA coffers because of anticipated increase in campers. We use the word anticipated with bated breath because it seems like every time we are told something is either going to pay for itself or it is in the best interest of the TLPOA, it doesn’t turn out that way. In the short run we will be spending a lot of assessment dollars (Hundreds of Thousands) to bring Cayman up to KOA standards. That said, has management given any consideration to the how the road system will handle the extra campers? It is already close to impossible to take a safe stroll on our roads without constantly either slipping into a ditch or having to wave at drivers to slow down.

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New Water Tank

There was a public hearing held on November 20, 2017 by the Sandy Township Supervisors regarding a new proposed water storage tank to be constructed by Aqua of PA. on a residential lot by Daxon Point Court adjacent to the existing water tank.

Speaking on behalf of Aqua was Michael Daschbach of Entec Engineering. Mr. Daschbach said that his company has been working with Aqua on many projects in Treasure Lake and that Aqua is making a significant investment in the infrastructure of Treasure Lake to insure that both water and waste water services will be adequate for a long time into the future.  

As our readers are aware, when Aqua purchased the water and sewage system from the previous owner they purchased a system that had been neglected for many years. 

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Board Stonewalling

It has come to our attention that some board members requests for TLPOA information are being stonewalled. We reached out to a former board member and asked if this stonewalling is legal and he said no and then he directed us to the Pennsylvania Code TITLE 15 for CORPORATIONS AND UNINCORPORATED ASSOCIATIONS. We thought it would be in the best interest of our readers if we copied what the code has to say regarding board members requests for information.



§ 5512.  Informational rights of a director.
(a)  General rule.–To the extent reasonably related to the performance of the duties of the director, including those arising from service as a member of a committee of the board of directors, a director of a nonprofit corporation is entitled:
(1)  in person or by any attorney or other agent, at any reasonable time, to inspect and copy corporate books, records and documents and, in addition, to inspect, and receive information regarding, the assets, liabilities and operations of the corporation and any subsidiaries of the corporation incorporated or otherwise organized or created under the laws of this Commonwealth that are controlled directly or indirectly by the corporation; and
(2)  to demand that the corporation exercise whatever rights it may have to obtain information regarding any other subsidiaries of the corporation.
(b)  Proceedings for the enforcement of inspection by a director.–If the corporation, or an officer or agent thereof, refuses to permit an inspection or obtain or provide information sought by a director or attorney or other agent acting for the director pursuant to subsection (a) or does not reply to the request within two business days after the request has been made, the director may apply to the court for an order to compel the inspection or the obtaining or providing of the information. The court shall summarily order the corporation to permit the requested inspection or to obtain the information unless the corporation establishes that the information to be obtained by the exercise of the right is not reasonably related to the performance of the duties of the director or that the director or the attorney or agent of the director is likely to use the information in a manner that would violate the duty of the director to the corporation. The order of the court may contain provisions protecting the corporation from undue burden or expense and prohibiting the director from using the information in a manner that would violate the duty of the director to the corporation.
(c)  Cross references.–See sections 107 (relating to form of records), 5508 (relating to corporate records; inspection by members) and 42 Pa.C.S. § 2503(7) (relating to right of participants to receive counsel fees).
(June 22, 2001, P.L.418, No.34, eff. 60 days)

2001 Amendment.  Act 34 added section 5512.
Cross References.  Section 5512 is referred to in section 5508 of this title.

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Lake View

Management and the board are in the process of evaluating/purchasing a new central AC/?? system for the Lake View Lodge. The prices for the new system are steep. As we have mentioned before, the present unit is a little over 3 years old, was purchased not bid, in violation of our by-laws and has been a financial headache from the start. Even though it is and has been a problem it still is accomplishing the task for what it was intended, providing cold air to the Lake View Lodge for approximately 180 days a year. With this new expenditure in mind, we have to ask, who really gains by keeping the Lake View Lodge operating?

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New Front Entrance Guard House

Management and the board made the announcement that construction for the new front entrance guard house will begin December 11. No mention of whether or not inclement weather could possibly delay the start of work so we must assume that work will begin.

We think it would be a great idea for management and the board to post a picture of what the final building will look like along with design features of the interior, room sizes etc. on the Treasure Lake website so that property owners who are paying for the building will have a better idea of what they can expect to see when it is completed. We also feel it would be in the spirit of transparency if management and the board told us what the final cost will be and when the board approved the latest design. We do not recall any vote taken. (To be continued)

What do you think?

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What we notice at board meetings

We have noticed what appears to be a HUGE lack of communication between the board president and some board members at the board meetings. It is our opinion that this lack of communication is not representing the Association in a positive and supportive manner and is not in the best interests of the property owners and the Treasure Lake community. It is clearly not demonstrating a respect for fellow Board members who are also property owners and one might ask, is this behavior ethical?

The following is taken verbatim from the board member manual.

The TLPOA Board President
(What extra responsibilities fall to the Board President)

The Board president is your Board’s executive and as such the President is responsible for overseeing the Board’s activities and ensuring that meetings begin and end on time, that debates remained focused, ensures that everyone is heard and mediates Board conflicts.

The Board President also acts as the primary communication conduit between the Board and the General manager. The following are ways that the Board President can keep the Board informed:

Example 1: Keep Board members informed about issues and developments. Stay in contact with Board members between meetings to discuss issues particularly those that are troublesome. Ensure that each member understands the issues. Don’t spring surprises on the Board members at the Board meetings. Communicate, communicate, communicate!

Example 2: Talk regularly with the General Manager. Meet weekly with the General manager to discuss current issues and priorities. Communicate these discussions to the Board members per Example 1 so everyone is on the same page at the Board meeting and there are no surprises. Communicate, communicate, communicate!

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The inconvenient truth for the 75% who don’t know what is happening Part 1

At the November board meeting board member David Singer commented about severe budget issues facing the TLPOA.  What he didn’t mention was all the money past boards have wasted and continue to waste on major projects that only a small number of property owners use. He didn’t mention that we would have been in much better financial condition if the money had been used more wisely.  Instances of some of these projects are as follow.

New AC unit for Lakeview Lodge, 50K plus many more thousands to keep it running.  The unit has been a lemon since its purchase and now management, after only 3 paltry years of use, wants to replace it with a unit  5 to 6 times as expensive. Remember, this unit was bought without going through bidding procedures as outlined in our Bylaws.

New watering system at the Silver Golf Course.  The old one was working fine but we just had to have a new one because the old one surely was going to break someday.

New convenience centers at Cayman.  These were needed but due to poor design the shower stalls tend to flood the inside of the buildings. We think that whoever reviewed and approved the specifications for these buildings should have been canned a long time ago.

Can we ever forget the boro fiasco.  

The Ski Lodge was another financial nightmare.  Not only did the former “renter” not pay his bills on time, (the TLPOA had to actually threaten to take him to court many times) he had very favorable terms which were well below the going rate for such an establishment in the DuBois area all the while the he was competing with TLPOA eateries financed by property owners and these TLPOA eateries are big money loosing establishments to begin with.  To add insult to injury the TLPOA had to bail the former “renter” out of his tax bill of over 50 thousand dollars to just get our (TLPOA) liquor license back.

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Legal Fees Going Through the Roof

Legal fees paid by the TLPOA are very high and they seem to be escalating every year with no end in sight.  Some property owners have openly questioned what appears to be a runaway legal fee train. Our question is why can’t management make a decision without running to an attorney?

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