Speech by Steve

The following was read at the January 6th, 2024 HOA meeting by Steve Hujsa, the liaison to Rush Ellis.

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I look around the room and I see a lot of faces I recognize. I may not know all your names but I know your house. I know your car. And I probably most likely know the name of your dog. I wave hello when I see you drive by my house, I nod to you when I am out walking my dog, and I would be more than happy to lend you a hand if you needed some help. This is one of the best places I have lived. The people are friendly. As with any social environment, there are tensions, misunderstandings, and sometimes angry words. The neat thing about what I’ve experienced here is, we are a close knit community. Shortly after we moved here, my wife and I needed to drive back to PA. I heard a car pull into the driveway, by the time I got to the door, the car started to pull away. I opened the door to signal we were home, and noticed a basket on the front door. There was a note that said, This is for your trip home. It was filled with cookies and snacks. Let me tell you; that had never happened to me before. Since then, we have forged many great friendships. People will always have get mad over something, but I believe the people of Bridlewood want to live in a place where people are friendly and compassionate.

I grew up as a very quiet person. I didn’t speak out against politics nor confront people who did me wrong. I rarely stood up against anyone. I got older and I kind of lost that filter. I am no longer afraid to speak up. If I see something wrong, I speak out. If I can help someone, I do. I also know how to walk over to a neighbor and say, “hey, I was wrong. I am sorry” if we had a misunderstanding or a confrontation. I like it here in Delaware, in Sussex County, in Milton, in Bridlewood living on Pimlico Road. And I like the people here.
We have all heard Kermit the frog sing a song, “Its not easy being green.”

Well, I’d like to tell you, it’s not easy to get in front on 50-80 people as we are here today and speak out about things you may or may not want to hear. Why am I doing this? Truthfully? There must be rocks in my head. I can assure you, it’s a lot easier to sit on the other side of this table and complain in the safety of numbers than sit up here, basically alone, fielding angry questions and comments. I am one of you, your friend and your neighbor wanting to make this a better place to live.

I trust people for the most part. I trust them at their word until they give me reason not to. Doesn’t mean they are a bad person. Doesn’t mean I don’t like them. Doesn’t mean I wouldn’t pop a can of beer, pour it in a glass and have a drink with them. But, I will watch over top of that glass as I drink and keep an eye on them. “Once bitten twice shy” means when a person has been hurt when trying to do something is careful or fearful about doing it again. Yet, here I am again; another meeting trying to bring together our community for a better good. No agenda of my own other than fairness and trying to do what is right for everyone.

We have rules here. Most every development does. You have to follow those rules. The rules are part of living here. Everyone’s Realtor should have requested a set of CCRs (covenants conditions and restrictions) when you bought your house here. You have several days after receiving them to back out of the purchase if there is something you don’t like. Once you take deed to your property, you agree to those terms. Unfortunately, no one reads them. No one understands them. It’s a bunch of legalese. In a Court of Law, it’s too bad if you didn’t read and understand them. It doesn’t matter, there is no ignorance of the law defense. The fence that doesn’t conform, the mass plantings of over grown bushes/trees, the shed, the bushes you planted around the electric boxes, sprinklers that are installed outside your property line, and not paying your HOA dues for no legitimate reason. All these things, you could be hauled into court and made to comply by Bridlewood LLC and eventually Bridlewood HOA INC.

Rush is the builder. I will admit, he should have been doing a lot better job stopping all this, “do what ever you want” against the rules which everyone agreed upon. He should have dragged every offender to court and sued for compliance, but he didn’t. And this will be part of the mess we will be tasked to right. Everyone who owns property in Bridlewood has the right to take any offender to court for compliance of HOA rules.

Section 4 Remedies on page 16 states, “The Association, or any Owner, shall have the right to enforce this Declaration and the Restrictions contained herein by any proceeding at law or in equity, against any person or persons violating or attempting to violate any provision of this Declaration or any restrictions contained herein, to restrain violation, to require specific performance and/or to recover damages; and to proceed against any lot to enforce any lien created by these Restrictions. The expense of enforcement by the Association shall be chargeable to the Owner of the Lot, including the costs of reasonable attorneys’ fees, in the event any legal action is taken by the Association, and such fees, approved by a court of competent jurisdiction, shall constitute a lien on the lot, collectible in the same manner as assessments hereunder.

Please keep in mind these important parts of you CCRs

Section 2. Creation of Lien and Personal Obligation of Assessments. The Declarant, for each lot within Bridlewood, hereby covenants, and each Owner of any lot, by acceptance of a deed or other transfer document therefor, whether or not it shall be expressly established in such Deed or other transfer document, hereby covenants and agrees to pay the Association: (1) annual assessments or charges;

Section 6. Nonwaiver. Failure of the Declarant or any Owner, or their respective legal representatives, heirs, successors and assigns, to enforce any Restrictions contained in this Declaration shall in no event be considered a waiver of the right to do so thereafter, as to the same violation or breach or as to such violation or breach occurring prior or subsequent thereto.

I would like to thank everyone for coming today.

I would like to explain the mechanism of why we are here.

On Dec 13th while walking our dogs, Barb stopped to chat with Rush as she always does when she walks the dogs and he drives by. Rush mentioned to Barb that there were plans for ditch work and repaving and asked if she would have me call him. At 11:41AM, I called and spoke to rush. He said I would receive a letter from Scaled Engineering and asked if I would get it to the homeowners. I agreed and on Dec 15 @ 9:00AM, I received the letter via email from Matt Brittingham. I retyped the letter so that I could make ½ page copies. I knew there would be questions and decided to see if I could reserve the library conference room for a meeting to discuss the memo from Scaled Engineering.

I decided to schedule a meeting and did so without any knowledge or permission from anyone. Neither the Transition team nor Rush knew anything about this meeting until the flyers were put out.

At 10:52AM, I called the Milton Library and was informed that there were many HOA meetings scheduled for January already and the only date available for a weekend was January 6th. I booked the date and put the meeting date and time on the flyer and innocently typed “Bridlewood HOA Meeting” at the top. This is the flyer you received in your mailbox. In hindsight, I should have titled it Bridlewood Meeting as I do not represent the HOA. There are some people who have taken an adversarial stance with me because of me being the go between the homeowners and Bridlewood LLC. This caused some hostile conversations, of which, I will not discuss either publicly or in private.

Scaled Engineering was sighted by me in mid December doing preliminary markings on the roadway. It is their responsibility to complete the survey. I believe, it goes to DENREC for evaluation and eventually a contractor will do what is necessary to bring the drains and ditches into compliance. The ditch is not your property. People who landscaped, built walls around the pipes, or any other modification such as running sprinkler lines on to common grounds may very well see them ripped up. Don’t shoot the messenger but removing your stuff from the ditch will be at your expense and there is no “right” to have it reinstalled afterward. Everyone should refrain from running sprinkler heads off their property encroaching into common areas.

I will field any questions or concerns about this work to be done after I complete my presentation. I will be more than happy to share your comments and questions with the LLC.

Everyone is here as a result of my action, I acted alone as a concerned member of our community. I have nothing to gain by doing so other than lending an open mind to move everyone forward. I am neither a puppet for Rush Ellis nor the transition team nor anyone else. I want to live in this community in harmony amongst friends and neighbors just as before all this talk of taking over of the HOA.

This meeting will also be kept on an even keel. Last meeting was allowed to get out of hand and I was unable to present all the information I wanted to share. I will open things up for discussion after I make my presentation. I am asking for your attention while I make this presentation of information.

At the last meeting, much of the info I wanted to cover was usurped by unfettered discussions which at times in my opinion derailed what I had hoped to accomplish. I am not trying to be the big cheese or the boss of this community but, I am interested in doing what is right and in the best interest of the residents. I have no ulterior motives.

After the flyers for the meeting were sent, I was given a list of questions by the transition team. I will provide answers to those questions to the best of my understanding.

In due time, the transition team will be invited up to speak to you about what they have accomplished since our meeting last summer. This meeting was neither designed nor intended to put them on the spot to provide their findings or coerce them to do so. I was informed that the transition team had planned to provide their information the end of December/beginning of January. We felt it would be a good time for them to do so at this meeting and it was agreed to do so.

Transition Team Questions for Rush (RE)

1. Road Paving:  Please confirm the anticipated timing of the road paving and any ditch remediation work will be completed prior to HOA turnover. If the level of a given pipe under a driveway has to be adjusted, how will that be done? If a driveway is disrupted, what remediation will be done?
   1. RE:  Road paving is planned to commence once the ditch remediation is completed. As per the Dec 15th letter from Matt Brittingham, Scaled Engineering is trusted with this work and will be completed by them in compliance with any local/county/state regulations.
   2. RE:  If any pipe needs to be repositioned, it will be dug out and reinstalled to the proper specifications.
   3. RE:  All pipe work/ ditch repair will be completed prior to any road surfacing. A driveway that was disrupted for repositioning will be repaired at time of surfacing.
2. Pond: Attendees were concerned that post takeover a government agency would come in and mandate remediation actions. That is what prompted the request to the Conservation people. Do you intend to act on the recommendations by the Sussex Conservation District?
   1. RE:  The pond is provided to accommodate run-off water. At such time, Bridlewood LLC will comply only with what is necessary by state/local governments to obtain final completion of the development.
3. Operating Budget:  Now that the 75% threshold has been achieved, will an operating budget be provided to the Class A members?
   1. RE:  The operating budget includes grass cutting of common areas, lights, road maintenance, insurance, taxes, etc. All of which have been pay for by Bridlewood LLC. Minimal donation from homeowners monthly dues and monies from Homeowner Startup Fees do not nearly compensate Bridlewood LLC for the past 16 years.
4. Operational Turnover:  What are the envisioned steps leading up to operational turnover?
   1. Can one or more representatives work alongside you to facilitate ramp up?
   2. What is the expected timing of the steps?
   3. What financial records/vendor agreements will be provided to the HOA prior to or at turnover
   4. How will fund balance transfers work?
      1. RE:  The HOA CCRs explain the steps to starting an HOA Board. Until people pay their billed dues and 2024 dues, there is no balance to transfer. The LLC has paid Bridlewood expenses regardless of the lack of homeowner participation in paying dues outlined in the CCRs.
5. If Bridlewood LLC still owns lots at/after turnover, will Bridlewood LLC maintain those lots and assume the related expenses, such as lawn cutting?
   1. RE:  Bridlewood LLC has maintained all the unsold and common properties since inception and has no intention to discontinue that practice.
6. Architecture Committee:  What are the envisioned steps leading up to establishing an Architecture Committee? Timing?
   1. RE:  The Bridlewood LLC retains the Architectural Review Committee as per definition in the CCRs.

Continuation of Speech from the Liaison

Research on the Sussex county website provided me the following information. I attest to the best of my knowledge this information to be as accurate as I could ascertain. It is a list of properties and dates they may have been bought and sold. The dates could be when the property was recorded and not necessarily be the date of purchase so numbers do have a margin of error but should give everyone an idea of this data.

• There were ~ 98 sales transactions at Bridlewood. Realizing ~ $ 26,950
• HOA dues owed current owners ~ $128,760
• HOA dues owed past owners ~$ 61,320

The transaction realized income is based on an average of $275 initial capitol buy in to the development for each sale and/or resale. Lights for the development cost $581/month. Since 2008, the lights have not gone out because of non-payment. Taking into consideration inflation, 2008 price for electric was about $406/month an average over the years comes to $94,752.00 for electric. Now, include taxes, insurance, plowing and road maintenance at a minimum and you can realize, there isn’t much if anything left had everyone paid their yearly dues.

Next discussion is HOA dues. This topic seems to cause a lot of angst among the homeowners as most have never paid any dues. The reasons vary from I never got a bill, I don’t have the money, I don’t like Rush, and Rush owes me work. Everyone who hasn’t paid their dues, just add your own reason onto that list. This has me very concerned. I think Bridlewood LLC should have taken every delinquent homeowner to court and filed a lien on their property. That’s what a fiduciary would have done. If Rush didn’t fix your broken widget, you should have taken him to court if you weren’t satisfied. HOA dues are our dues. My question, and it is rhetorical at this point; if you haven’t paid your dues now, what are you going to do once the homeowners run the HOA? Will you not pay because someone on the board ruled against your fence, pool house, or your desire to paint house purple with pink polka dots?

People stated at the last meeting and seemed to encourage people not to pay their dues to Rush. Some people have stated that Rush can only collect 2 years past due payment. You can all Google SEA VILLA HOA v. ANNE R LAVINE Seems Ms Lavine owed HOA dues from 2008 to 2013. This case went to court and her claims for a dismissal of past dues because of statute of limitations, was dismissed. The decision claimed “A twenty year common law limitation period applies, and none of the HOA’s claims in this action are time-barred”

Pay your dues, don’t pay your dues. It’s no skin off my nose if you have to pay court costs, late fees and interest. If you haven’t paid, I would recommend talking to Rush and making an effort to make things right. It seems that he is only requesting the last 2 years. But remember, the 2024 dues are now upon us as well.

For the most part, I think we have a great neighborhood. We all need to decide where we go from here. Do we want to live with an HOA that has a stranglehold on your life? If your garbage can isn’t removed 15 minutes after the truck goes by, you get fined? I don’t think anyone wants to live under that kind of rule. The other issue is what about all the infractions people have inadvertently committed since 2008? Fences too tall, wrong kind of fence, mass plantings that exceed height limitations, sheds erected when none are allowed. There is a long list. How will we, as a community, with an HOA deal with these. Do we make everyone remove or correct the infractions? Do we grandfather them and say no more after this or what the hell, anything goes do what you want?
The idea of hiring an outside firm to manage our Bridlewood HOA will be brought up. From my knowledge, a Property Management company will hold everyone to the letter of the law, IE the CCRs. You have an infraction? You will be dealt with swiftly. You will be fined and probably end up in court. Be careful what you wish for. Hey maybe it’s a great idea, maybe not. Actions have consequences. Make sure you can live with your decision and the consequences.

HOA directors are considered “fiduciaries” because they care for the community’s property and finances; therefore in a position of trust.

Soon, there will be a time to elect people to represent the HOA Board. I can tell you, it won’t be a pleasurable assignment and if you elect the wrong people, Bridlewood could become a miserable place to live. Word will get out and your property values will drop.

Keep in mind the first meeting this past summer. We had several volunteers to gather information, we called them the transition team. They were not given any rights to rule the HOA or make decisions for the Homeowners. And just because someone was on the transition team does not mean they were elected to a position of authority on the HOA Board.

I appreciate the effort the transition team put forth. I would like to turn the meeting over for them for the next few minutes to present their information. I will then field and comments or concerns from the other homeowners.

Questions to Rush

1. Under Clause D section 2, The Declarant shall form the Bridlewood Homeowners Association, INC. Is there an entity named Bridlewood HOA, Bridlewood Home Owners Association, or any such name representing the people living in Bridlewood development?
2. We would like to install homeowners as members of the HOA Board of Directors. Would you be opposed to homeowners electing a President, Vice President, Secretary and treasurer? This group would be an integral part of forming the resident based HOA.

Response from Rush

We have formed the Bridlewood homeowners association Inc. don’t have any idea about electing officers at this point I have put a call in to our attorney and as I told you the other day he has retired and I will talk to who we were referred to in the office I do know there are some things my partners still need to sign to complete the paperwork.