Our HOA began as a stopgap solution to a conflict the developers had with the city. The reason the HOA history matters is because its design is unstainable.
It was originally intended to be a public park, with thousands of taxpayers supporting it, then converted to an HOA in the middle of building this subdivision.
That’s why the pool is so much larger than any other HOA’s. The HOA was a nice idea but has proven to be unsustainable for the 158 owners.
The Tennis Court is the obvious proof. It has been a problem from the beginning 25 years ago. The owners can’t afford to fix it so it's abandoned.
This is clearly in conflict with the CCRs and an enormous problem. Growing numbers of owners believe the time has long since come that we dissolve the Pebblecreek HOA and move on.
<h2>Dissolution Reasons</h2>
<h3>1. Liability and Risk</h3>
<ul>
<li>Free your property from the HOA. End the HOA’s access to take your money.</li>
<li>End the HOA foreclosure power over your home if you don’t pay.</li>
<li>Growing likelihood someone will get seriously hurt and sue “YOU” the HOA owner. When someone gets hurt and sues you, the HOA owner, it’s too late, you will pay, stop this liability risk now and join the coalition.</li>
</ul>
<h3>2. Cost</h3>
<ul>
<li>End HOA fees, how much is too much for you to pay for a 3 month pool?</li>
<li>2023 The biggest rate increases in our history, $36 to $56/$41, for what? 3 month pool? First HOA fee increase also made retractive.</li>
<li>Growing repair costs, owner liability with diminishing returns. Is it worth the cost?</li>
<li>Growing costs diminishing use by actual owners. A pool for 3 months a year?</li>
<li>Facilities in need a major repair.</li>
<li>Constant retraining of new board members to manage the HOA. Constant learning curve that costs you money.</li>
</ul>
<h3>3. More</h3>
<ul>
<li>The HOA is unable to keep nonmembers from using and abusing facilities you pay for.</li>
<li>Growing vandalism and crime, the park attracts crime to our neighborhood, is it worth it?</li>
<li>Growing unwillingness of qualified owners to serve on the board. Will you serve on the board?</li>
<li>Low owner participation in all aspects of the HOA. This HOA depends on volunteers to operate.</li>
<li>HOA Rules regularly ignored. Enforcement difficult for volunteers, do you want to enforce HOA rules? Then who?</li>
</ul>
<h2>Tasks Ahead</h2>
Park location, history, design, and low membership has made this park HOA unsustainable and easily dissolvable.
No Zoning changes needed, No Planning Commission needed, simple to sell the property.
Dissolve the HOA requires 121+ owners from the 162 on current records.
<ol>
<li>Talk with each owner and identify who supports dissolution.</li>
<li>Hold a formal vote to dissolve the HOA when numbers support dissolution.</li>
<li>If vote confirms dissolution, close pool and minimize costs, then the BOT oversees dissolution process.</li>
<li>Sell the HOA property, distribute any proceeds to the owners, THE END.</li>
</ol>
<h2>Q&#x26;A (some)</h2>
<ol>
<li>Why does HOA history matter?
<ul>
<li>It explains why the owners don’t have the money to keep all amenities maintained and operational. Too few owners to pay for the largest HOA Pool in the State. The few owners can’t afford to fix or maintain the Tennis courts. Creation and design history explain why.</li>
</ul>
</li>
<li>Why doesn’t the Board of Trustees (BOT) Dissolve the HOA?
<ul>
<li>The BOT does not have authority. Dissolution needs to be an owner vote. After Dissolution the BOT is required to carry out dissolution.</li>
</ul>
</li>
<li>Who is behind the effort to Dissolve the HOA? Member owners?
<ul>
<li>Many owners have asked about dissolution. This effort was organized by Scott Turnblom a former Pebblecreek HOA President for more than 8 years. Many other owners are also trying to let the owners know this is a real option.</li>
</ul>
</li>
<li>What can I do to help?
<ul>
<li>Join the Coalition Today. Email today!, <a href="mailto:qvffbyirgurubn@tznvy.pbz?subject=Join%20Coalition&#x26;body=I&#x27;d%20like%20to%20join%20the%20coalition%20to%20dissolve%20the%20HOA.%20My%20lot%20number%20is:" title="Email to join the coalition">qvffbyirgurubn@tznvy.pbz</a>, then talk to your neighbors, and most importantly get your vote counted at each HOA meeting. Use a proxy when needed.</li>
</ul>
</li>
<li>Can the HOA be dissolved?
<ul>
<li>YES, it can be dissolved, when 75% or more owners vote yes. Then we sell the property. Dissolution vote is the 1st step.</li>
</ul>
</li>
<li>How long will HOA Dissolution take?
<ul>
<li>Difficult to predict. It takes 75% of owners to dissolve this HOA. This could take a few months to a few years. It depends on how fast owners make their voices heard. Many still don’t think this is a real option.</li>
</ul>
</li>
<li>West Jordan City, when asked, does not want the park. Does that mean the HOA can’t dissolve?
<ul>
<li>NO, many options available. A dissolution vote is first, nothing can be done until owners vote to dissolve. The property can be sold, WJ City could change their mind, nothing possible until after dissolution confirmed.</li>
<li>No zoning changes needed, no planning commission involvement, very simple subdivision for housing</li>
</ul>
</li>
<li>What authority does West Jordan City have over the HOA?
<ul>
<li>NONE, the HOA is private property. The City has no interest, no involvement or desire to be involved in this HOA or its property.</li>
</ul>
</li>
<li>Can West Jordan City make the HOA, or Board, put money in a savings “reserve account” or keep the pool open?
<ul>
<li>Absolutely NOT, having a reserve HOA savings account with lots of cash is fully up to the owners.</li>
</ul>
</li>
<li>How much money can each owner get if the property is sold after dissolution? $0.00 to $10,000 estimated.</li>
</ol>
<ul>
<li>Unknown could be thousands, could be nothing. 100% unknown at this time. The goal is to end the HOA, end the monthly fees, and end liability exposure. Ending the HOA will increase the value of your home. Very few want to buy a home in an HOA, it is avoided whenever possible by most.</li>
</ul>

Key Facts

Hello neighbor HOA owner.
I am only one owner with an opinion who previously served more than 3 terms as president of this HOA. Many owners have reached out supporting HOA Dissolution.
A new concern with the HOA, is that I or WE just spent $26,000.00. I didn't know I was going to spend $26,000.00. No prior HOA spending notice or notice of the problem or anything, why? The HOA simply spent $26,000.00 on your behalf. This is alarming to me, but is it the future of this HOA as the HOA park infrastructure deteriorates.
The March 8th, 2024 emergency $26,000.00 spending announcement from the Pebblecreek HOA Board of Trustees (BOT) by acting president Darren Gerber raises concerns. This unplanned $26,000.00 spending illustrates why it is a bad idea to give the HOA a savings account, and why its time to dissolve this HOA.
In Mr Gerber's email announcing the EMERGENCY spending he states “This was an item we had planned to do two years ago but postponed” That does not sound like an emergency? It sounds like Mr. Gerber failed to inform the owners of his concern and also failed to address the issue at the HOA budget meetings for two years. Two years ago, gives plenty of time for planning and talking to the owners.
What is an emergency to you?
An emergency to me is an unexpected, unavoidable, previously unknown serious problem like an earthquake or fire. From Mr. Gerber's email it sounds like the Board of Trustees wants it both ways, an emergency, but they knew about it 2 years ago, they just did nothing about it? This is wrong.
Questions
<ol>
<li>Was the announced $26,000.00 spending an unforeseen emergency, mismanagement or a hidden strategy?</li>
<li>Was it unforeseen? According to Mr, Gerber's email they knew about it for two years.</li>
<li>Was the brick ribbon around the pool damaged by the contractor last spring during the replaster process?</li>
<li>Where are the photos showing pre-construction and post-construction, and photos showing today's emergency problem to the owners?</li>
</ol>
I've tried to keep involved in the HOA, I have read everything they send out, I go to every meeting, and this is the first time I heard anything about this? Why?
What other huge expenses are the BOT not telling the owners about?
This Board of Trustees (BOT) has set many new HOA historical firsts under Mr. Gerber's leadership.
<ul>
<li>2023 Largest fee increase in HOA history</li>
<li>2023 First time fees have ever been made retroactive</li>
<li>2024 First time ever using the emergency clause to spend unbudgeted money.</li>
</ul>
I wish I could say I was surprised.
The HOA has an enormous amount of financial power over the owners, over you, over your home. The HOA Board of Trustees (BOT) just spent a HUGE amount of your money without any prior notification. They sidestepped the budget process by labeling their spending as an emergency, abusing their power of the owner's money. What's next?
If the owners give the BOT a savings account to draw from the BOT can declare an emergency to spend anything, and they will, especially now. The low standard has been set.
The owners need to hold the BOT accountable. As long as the owners don't oppose misconduct or poor management, the problems will grow. Huge increases in HOA spending is really unavoidable for many reasons, but mostly because the park is severely deteriorating. That's why HOA disillusion is needed.
More questions I have
<ul>
<li>How many Utah HOA's have nonmember properties within its subdivision like Pebblecreek?</li>
<li>How many Utah HOA's are limited to only the boundaries of a subdivision park?</li>
<li>How many HOA‘s have a swimming pool as big as pebblecreek's?</li>
<li>Why doesn't the city or county want the pebblecreek park and pool?</li>
<li>Why were the volleyball and tennis nets left out all winter to deteriorate? What else was left out all winter to waste away?</li>
<li>Where is the BOT's accountability?</li>
</ul>
In my years of service as president of this HOA , I always had a few unbreakable rules. The top two are:
<ol>
<li>Every owner always has multiple opportunities to be involved or receive information before action was taken.</li>
<li>Never surprise the HOA owners with any spending or changes of any kind.</li>
</ol>
Myself, along with many other owners are attempting to organize a formal vote to dissolve this HOA. Join this effort and dissolve the HOA before more of your money is wasted. Email back to join this effort.
If you have not yet sent an email letting us know if you're For or Against dissolution, <a href="mailto:qvffbyirgurubn@tznvy.pbz?subject=Join%20Coalition&#x26;body=I&#x27;d%20like%20to%20join%20the%20coalition%20to%20dissolve%20the%20HOA.%20My%20lot%20number%20is:" title="Email to join the coalition">do it now</a>. Having a different opinion is perfectly fine and we respect that completely. The goal at this point is to get a reasonably accurate count of the owners wishes, either for or against dissolution. At this point most owners have not made their position known.
At the 2024 spring HOA meeting the BOT is likely to vote to add a new special assignment that you will pay for. They have not told you this yet, why? The owners can vote NO. The owners can also vote to not allow the emergency status to stand and not allow the HOA's reserve money to be used.
Often at the HOA owner meetings, the attending owners frequently easily vote to spend more money but represent only a fraction of all owners. If you can't attend the HOA meeting, find a likeminded owner, and send them with your proxy to vote NO on spending.
Now is your opportunity to end this financial liability before it gets worse.

$26k Emergency Pool Repair

Greetings HOA Neighbors
A few updates on the HOA and the Dissolution option.
Most importantly, if you support HOA dissolution your voice is needed, especially at the May 9th HOA spring meeting. If you can't attend send a proxy vote form with another owner so your vote is counted on financial issues.
Hope to see you at the HOA Meeting May 9th 6:30PM
I am trying to keep the HOA dissolution option active, but need help. If you would like to post a comment on the dissolution website let us know at <a href="mailto:qvffbyirgurubn@tznvy.pbz">qvffbyirgurubn@tznvy.pbz</a>. Other HOA owners need to hear your voice.
Current Financial Issue,
The Announced New Pool Cover Vote: Fact, the pool was not designed for a cover. The current cover was purchased by owners a few years after the pool was operational. The cover was purchased, and concrete anchors drilled into the border sidewalk to secure it. This was done back in the early HOA years. As I recall the reasons were mostly for liability and safety concerns in the off season. Many BOT have explored other cover options, a topic for another time. The pool had a different shorter fence back then. For liability insurance a cover is not needed. The pool was designed to not have a cover so why spend thousands of dollars to buy a new one? Last year, one pool operator said it is needed to keep the pool water clean, this is not accurate. The pool gets filthy with the cover on it. The pool is frozen for several months, providing a natural cover. When I was on the BOT, the pool was fully cleaned and water was replaced each spring. Recently, current operators preferred to keep the old dirty water and clean it. If they are trying to vacuum debris like leaves through the filters that would be bad. Pool operators should be using pool nets to remove debris, not the vacuum. That is how the pool was designed to operate. Without a cover the cost of an hour of two of additional cleaning with a net is not that much. Is it worth the thousands of dollars for a new cover to save an hour of cleaning? In my opinion it is not. More can be discussed about this like a different type of cover and covering the pool every night etc. Trying to keep this brief so many tangents are not covered. I will vote no for buying a new cover, how will you vote? Send a proxy if you can’t attend so your vote will count.
What are the other repair priorities on the HOA property? I would think the heaters, lights or other vital components are a higher priority than an unnecessary cover. As an owner I have not seen a list of future maintenance or repairs?
Where are the newsletters showing photos and explaining maintenance plans to the owners?
In Response to Darren’s HOA April 17th 2024 Email:
With the help of some other owners, I posted <a href="https://dissolvethehoa.info">some comments</a> on the website. These comments were referenced by Mr. Darren Gerber in a recent email to everyone. Darren assumed I sent this out to the HOA in an email. I never sent my comments out to anyone, but Darren felt like he needed to dispute some of my comments in an official HOA email to everyone. To be clear, a few on the current BOT are very good representatives and qualified leaders who I appreciate and respect their service to the owners. It's ok to respectfully disagree.
Right now, Mr. Darren Gerber and the BOT has focused on me and my comments. Darren represents the BOT, for now. That might change at the May 9th owners meeting. Dissolution support is ongoing and support is growing. It looks like it will take more time for the necessary majority of owners to recognize the significant financial challenges headed their way. Right now, we have not received enough owner's support to call for a formal dissolution vote. I believe it is inevitable due to the significant future growing repair and maintenance costs. Swimming Pools are expensive, and the cost is high for 161 owners. For now, lets keep dissolution open and vote to keep HOA spending minimized.
Historically the HOA would send out a full newsletter with photos and details before the spring meeting. I don't recall seeing an HOA newsletter for a very long time, wonder why? The owner's only see an occasion email from Darren. Very uninformative about HOA issues. As an owner I would like to see photos of the brick damage requiring an emergency $26,000 expense.
Darren and the BOT want to vote on buying a new and unnecessary pool cover on May 9th. Rather than present the BOT reasons and options for the owners about this vote, Darren decided to email everyone about his disagreements on dissolution? A few facts for the owners:
<ol>
<li>The pool was designed to not have a cover.</li>
<li>Pool water should be cleaned with pool net before using a water vacuum.</li>
<li>A cover doesn't keep the water clean and its not needed for liability, So why buy one?</li>
<li>Cost estimates? I think they said $12,000 or $17,000 last fall. I don't remember and the HOA has not sent anything out I have seen?</li>
</ol>
A few quick response points to Darren’s email:
<ol>
<li>Dirty Pool water; look back at the few emails from the HOA in 2023.</li>
<li>Vandalism; again, look back at 2023 emails from the HOA. Also, you decide is crime in the HOA more or less likely with an HOA Park?</li>
<li>Clarifying that a 121 owners vote is needed to dissolve. My number was an estimate, but good, now we shoot for 121 before asking for a formal vote.</li>
<li>BOT unhelpful; This technical legal issue. Every owner has full rights to all HOA records, except any PII or payroll. Not worth my time at this point to pursue. Oddly enough Darren failed to let the owners know that he carelessly released everyone's email address anyway on 8-14-2023 when using a non-HOA email account. By Darren’s standards was that not a breach of confidential data?</li>
<li>Dissolution Vote fist; Darren disputes this priority. How is any developer interested if the vote is only a theory? Darren can do his "due diligence" any time, but spending any HOA money before a formal vote is a waste. The HOA does not become a developer after a dissolution vote, the owners sell the property.</li>
<li>Money owners may get, $0-$10,00; This is absolutely a guess based on what current WJ lots sale for.</li>
<li>One year of key fob scanning does not demonstrate anything statistically. Usage is declining by observation compared to years in the past.</li>
</ol>
Good Financial Sense:
The HOA, the Park, the pool, and BOT have a direct financial impact on each owner. What happens with the HOA is a financial decision made by the owners. HOA expenses are only growing. Is it a wise financial decision for 161 owners to keep the park and pool? West Jordan City taxpayers’ number over 116,961. West Jordan has many large parks and facilities available. Does the Pebblecreek HOA pool make financial sense for 161 owners? A few other questions; In the beginning Peterson Development and West Jordan City created the HOA and they knew what they were doing? They did the feasibility study showing the subdivision would be sustainable, right? Someone did their due diligence, right? NO, none of that happened. The HOA was created by Peterson Development to resolve a dispute with the City. It was implemented after the subdivision was already being built. That is why some subdivision homeowners are not HOA members in this subdivision. This HOA is mistake that should have never happened. This HOA was not created to be a success. It was created to solve a problem for Peterson Development.
BOT Qualifications:
When you hire a person to do a job for you do you care about qualifications? Skilled volunteers are needed to manage the HOA. Financial and Management skills are vital. For example, would you hire an Amazon deliver driver to be your accountant? Probably not. The HOA needs a few properly skilled owners to stay self-managed, both with financial and management skills. For years this has been a hopeful goal, to keep cost down and be self-managed with skilled owner volunteers. The learning curve is steep for owners. What happens when no skilled owners volunteer?
Neutral Operation:
The Board of Trustees (BOT) should try to be neutral or be open with any bias they have. Regarding dissolution, over recent years the BOT started promoting the idea that dissolution was NOT an option. That was simply wrong and not neutral. In recent months the BOT has changed their view and now recognizes dissolution is a valid option for the owners.
Owner Information New, information and Updates:
<ul>
<li>Where are the newsletters with details and photos for the owners to understand HOA issues?</li>
<li>Where are the Yearly statistical comparisons for owner’s review, cash flow, delinquencies etc.</li>
</ul>
Owner Usage Statistics: One year of key fob scanning does not demonstrate anything statistically. If the HOA had 10 years of key fob data to share that would be statistically relevant, but a year means nothing. All I have is observation. Several years ago, the pool would be full on weekends and holidays. The park volleyball court had people using it almost every evening and especially on weekends. Without real statistical data owner observation is key. For owners that have been around a few years, do you see the pool and park used as much as in the past? Make your own determination.
BOT and CCRs;
The Board of Trustees (BOT) should read, understand and follow the HOA’s CCR: Too often BOT members don’t bother to even read the CCRs and don’t understand these are the BOT lawful HOA rules they must follow. This is a serious problem. Lately this has improved slightly as I have often raised concerns about the BOT not following the CCRs.
<ul>
<li>Where are the BOT meetings and when? The CCRs talk about posted and available meetings to any owner? Is that part of being open to the owners, transparency of operation? Why wouldn’t you?
Care and maintenance of the facility:</li>
<li>For example, why were the volleyball and tennis court nets left up all winter to deteriorate with exposure.</li>
<li>What else was not winterized properly last year?</li>
</ul>
Send your comments in if you would like them posted on this site. Nothing anonymous will be accepted.
Again, Hope to see you at the HOA Meeting May 9th 6:30PM
All the best

Upcoming May 2024 Owner Meeting

Firstly, I'd like to express my appreciation to all of the volunteers who have contributed and continue to contribute to the management and upkeep of the HOA. There have to have been thousands of hours contributed over the years. My sincere appreciation and respect for all of those hours. When I see how burned out and exhausted former members of the board are, it's easy to glean the massive amount of work that goes on behind the scenes. During our first summer here, my family and I did use the pool and the basketball court a few times and I'll admit that I thought having these facilities nearby was very cool.
A bit of background on my HOA experience... Maybe some other owners had a similar experience to mine and can relate. I had basically zero knowledge about the details of the HOA before moving into the neighborhood. The only information that my real-estate agent was able to gather was that we'd have pool access and that the fees were unbelievably low. I'm not sure why it was so difficult to get more information but, knowing what I know now, it's not really a surprise. If I had known then what I know now, I very well may have purchased a different property. It's tough to say for sure but, regardless, sometimes less desirable situations like this can happen and one just needs to make the best of them.
Right from the start, it was very clear that something was off. It took several months for me to figure out how to get my HOA-property record updated so that it was in my name. Part of that was, in all honesty, probably at least half my fault for not being more active in the process. However, I do remember it being rather tedious and difficult to navigate. Ultimately, if I remember correctly, the solution involved me making an educated guess about some mail that was addressed to whom I assume was the former owner. I went ahead and opened that mail and voila! sure enough; it contained some contact details and I finally knew to whom I should reach out.
As part of that fun process, I also learned that I was behind on my HOA fees by several months ...lovely, but ok. I brought my account current and then spent several months more getting charged many many late fees while trying to figure out the HOA's billing cadence. I finally did come to the conclusion that I just needed to always be at least one month ahead on my fees. Ever since I've been doing that, the late-fee problem has been solved. Where this wasn't my first experience paying a recurring bill (I'm nearly 50 years old for goodness sake - this wasn't my first rodeo), I found it quite frustrating that I was consistently getting it wrong somehow. This is where I first started to sour on the HOA. It had already been quite obvious that there was trouble but having to pay so many late fees was what tipped the balance for me, initially, toward the idea of dissolution.
So there I was, getting dinged with late fees because of a billing cadence which, I'm sorry to say, seemed to have little rhyme or reason. Add that to the fact that I was barely even using the facilities for which I was incurring the fee penalties. Add further, that the facilities were in such a deteriorated state and that almost no one had been participating in the clean-up events that I'd been to. Add finally, that the folks on the board and those whom I had spoken to about volunteering were extremely disenchanted and burned out from overwork. Altogether summed, these things cemented my belief that this HOA was destined to fail and that it should be dissolved.
All of this I mention, not to point the finger of blame or shame but, simply, to act as reference for my reasoning. Considering that all HOA efforts are volunteer driven, I feel absolutely no ill will or animosity toward anyone in the neighborhood or on the board. Folks are doing the best they can. Of that I am quite sure. I think that is where the problem lies: that our best efforts are simply not enough to keep this thing from failing. Why not take proactive dissolution action now before the state of the facilities is so dismal that the cost of repair becomes laughably high. I point to the tennis court as an example of this already having happened.
If you agree, please make your opinion known. Maybe we are in the minority but I suspect that we are not.
For those who don't yet agree, I would ask these questions:
<ol>
<li>Do you use the facilities enough to justify their existence?</li>
<li>If so, are you volunteering at a level commensurate with your usage?</li>
<li>When it comes to facility deterioration, how much is too much?</li>
</ol>
Thank you for taking the time to read my thoughts. I hope they have been received in the respectful spirit of admonishment from which they were written.

Dissolve the HOA

Hi, neighbors. What do you think? Shall we finally rid ourselves of this burdensome HOA - Pebblecreek, UT?

All Posts >

Key Facts

More Posts

$26k Emergency Pool Repair

Upcoming May 2024 Owner Meeting

Thoughts from an HOA Newcomer