Nick Lesser Files Lawsuit against the Eagle Hills Homeowners Assocation
On November 7, 2011, Mr. Nick Lesser, 117 Longwood Dr., filed a lawsuit against the Eagle Hills Homeowners Association in the Small Claims Court of Sarpy County, Case Number SC-11-200, for reimbursement of $284.00 of personal funds he had spent filing a copy of revised bylaws of the HOA with the Sarpy County Register of Deeds. (A link to this document is provided below.)
The HOA Board had voted against reimbursing Mr. Lesser because he had not obtained board approval to file this document, was not authorized to disperse Association funds and because the revised bylaws violated the State of Nebraska Non-Profit Organization Act.
On December 19, 2011, the case was heard by Judge John F. Steinheider. The judge ruled in favor of the Eagle Hills Homeowners Association, dismissing Mr. Lesser’s complaint with prejudice and ordering Mr. Lesser to pay all court costs. (A link to this document is provided below.)
On December 30, 2011, Mr. Lesser filed an Appeal of Judge Steinheider’s ruling. The Appeal will be heard by Judge Kelch in Sarpy County District Court on March 5, 2012. At the January 24, 2012 regular meeting, the Board of Directors voted to retain the HOA’s law firm of Croker, Huck Kasher, DeWitt, Anderson & Gonderinger, L.L.C. to represent the Association in this matter. This decision was made because there is a longstanding Nebraska Case Law on Defense of Corporations in Court (Niklaus v. Abel Constr. Co., 164 Neb. 842 83 N.W. 2d 904 (1957)) that requires an entity such as our homeowners association be represented by legal counsel.
If you have any comments or questions please contact us at hoa@eaglehills.net or contact one of the board members.
Audit of the Home Owners Assocation Completed
An audit of the Home Owners was completed by an Independent Auditor. A summary of the audit is available for all to read as well as recommendations made by the auditor. If anyone has any questions or concerns about this audit, the results or the remedies being considered, please contact us at hoa@eaglehills.net. Or please feel free to contact one of the officers directly.
Covenant Committee looking for additional volunteers
As the declarant of the Eagle Hills Covenants, the board has formed a committee to review the covenants headed up Don Repaskey. We do have some volunteers for this committee, but are looking for additional representation, preferably 1-2 members per Eagle Hills Phase. The committee goal will be to review the existing covenants as they stand, survey the membership to capture their thoughts and input, and make recommendations to the board for membership review and approval. Please email hoa@eaglehills.net if you would like to be involved in this committee.
Papillion City Council approves fence permits for Bluffs lots.
Please see the News/Notices section for more details. The basic details that the Planning Commission sent to the City Council to ammend city code to allow fences for the Bluffs Lots ( Lots 306-328 Eagle Hills and Lot 1 Eagle Hills Replat 2) were approved and have become city code. This does not allow fences on any other lots that border the golf course. Since the City Council has made this change to the code, the HOA will have to determine how to amend the covenants in that phase to allow this change to city code. More on this later as the covenant committee moves forward with this proceedure.
The New Bylaws Review and Revisions Committee will be headed by Mike Kowalczyk. Please e-mail hoa@eaglehills.net if you wish to take part of this important committee. The Board of Directors voted to have this Committee's be headed by Homeowners from Eagle Hills in order to make this a true grass roots review of our Bylaws. We hope to have any Bylaws changes available for inspection by the members before the next annual Members Meeting, where the Members will vote to approve or deny Bylaws changes.
The Board of Directors voted to approve some temporary changes to the Bylaws at the June 7, 2011 Meeting. These temporary changes were made to make Board Operations more efficient and cost effective. These are temporary changes as only the Members should be allowed to make these changes permanent. These changes are posted in the documents section.
Please review the financial documents at your convenience. Please direct any questions regarding our finances to our Treasurer at Treasurer@eaglehills.net. Thank you.
There was no meeting in October. Minutes from the November 22 Board of Directors Meeting have now been posted. There was no meeting in December. Please read them at your convenience. Please direct any questions you may have regarding the minutes to our Board of Directors at hoa@eaglehills.net. Thank you. |
