HIDDEN CREEK CONDOMINIUM
Petition for Removal of an HOA Board Member
Request for membership consideration of the removal of AMANDA SHEPHERD
This petition asks the Hidden Creek Homeowners Association to initiate the appropriate process and membership vote or meeting to consider removal. Signing the petition does not itself remove the Board member.
Sign the PetitionPurpose of the Petition
Dear Homeowners,
The Hidden Creek Condo Board of Directors are writing to inform you of a petition effort seeking the removal of a current member of the Hidden Creek Homeowners Association Board of Directors.
This petition is being circulated among members of the Hidden Creek Homeowners Association. All HOA homeowners—including townhome owners and condominium owners who are members of the HOA—are eligible to sign this petition. Although many of the concerns outlined below were identified by the Condo Board of Directors, they affect the governance of the Homeowners Association as a whole and are relevant to all HOA members.
This petition is being circulated because several homeowners believe that the Board member has failed to comply with the Association's governing documents, policies, and responsibilities expected of a Board member. As homeowners, we have a shared interest in ensuring that the Association is governed fairly, transparently, and in accordance with our bylaws and rules.
Under the Association's governing documents, homeowners have the right to petition for the removal of a Board member and request a vote on the matter. By joining this petition, you are supporting the request to hold such a vote. Joining the petition does not automatically remove the Board member; it simply allows the membership to consider the issue through the process established by the Association.
Background
The Hidden Creek Condo Association and the Hidden Creek Homeowners Association are two separate entities with separate boards. Additionally, the associations are managed by different management companies. Essentially, the Condo Association can be thought of as a subset of the Homeowners Association. Condo owners are members of both associations and therefore have a vested interest in the ongoing operations of the overall HOA, since the actions of the HOA impact all homeowners.
Prior to 2023, both the Condo Association and the Homeowners Association were managed by the same management company, Associa Community Management Corporation. The HOA leadership later made the decision to use a different management company, Majerle Management. The Condo Board believes that splitting management of two closely related associations has hindered communications, complicated the provision of community services, and caused duplication of effort.
The Hidden Creek Condo Board of Directors has had the following items brought to its attention, among others. These concerns are some of the primary drivers of this petition effort.
Reasons for the Petition
1. HOA Key Fob Resolution
The Condo Board of Directors objects to the charging of a $30 certified mail fee to initially supply homeowners with a key fob to access the clubhouse. The HOA chose to modify the access system, which invalidated the older key cards. The Condo Board believes homeowners should be able to meet an HOA representative at the clubhouse and acquire the initial key fob at no charge. The Condo Board has no issue with a reasonable fee for replacement key fobs.
2. HOA Excluding Condo Areas from Snow Removal and Landscaping Services
In the past, landscaping and snow removal services for the common areas of the entire community were provided by the HOA. This simplified contractor service-area maps and allowed the community to benefit from economies of scale.
Under current HOA leadership, a dispute has arisen over what constitutes common areas. As a result, the HOA has segregated and excluded areas it considers condo-related from these services, and the Condo Association has contracted separately for them. The Condo Board is concerned that condo members pay the same HOA fees as other homeowners while receiving reduced services.
The Condo Board of Directors has consulted with legal counsel and was advised that segregating and excluding the condominium areas from these services is inconsistent with the HOA's governing documents.
3. On-site Manager
At one point there was an on-site manager to monitor the community and interact directly with homeowners. The manager could identify bulk trash, parking issues and landscaping problems and facilitate prompt action.
The HOA leadership discontinued the on-site manager position. The Condo Board is concerned that the appearance of the community has degraded, bulk trash can remain for extended periods, landscaping issues are harder to address, and homeowners no longer have a local contact. The Condo Board believes a community of this size justifies an on-site manager.
4. Lack of Transparency Related to Contracted Services
The Condo Board believes it is necessary to ensure that the HOA is a good steward of homeowners' money when granting contracts for community services and that the process for reviewing competing bids and awarding contracts should be transparent.
Concerns were raised when the HOA contracted with Western Underground Utilities for landscaping and snow removal services. Homeowners questioned the company's experience, business history, and procurement process. The Condo Board believes homeowners should be provided sufficient documentation to understand how competing bids were evaluated and why contractors were selected.
Homeowners are entitled to evidence that the HOA is following sound practices when awarding contracts and making responsible use of homeowner funds.
5. HOA Board Meetings Conducted Exclusively by Zoom
It is the opinion of the Condo Board of Directors that continuing to conduct HOA Board meetings exclusively by Zoom has limited homeowner participation and reduced meaningful dialogue. The Condo Board believes in-person meetings at the clubhouse should be reintroduced.
6. Failure to Provide Consistent and Transparent Homeowner Communications
The Condo Board is concerned that homeowners have experienced inconsistent communication regarding HOA policies and decisions.
One example involved implementation of the new clubhouse key fob policy. Homeowners were informed of fees and procedures that were not reflected in the originally adopted Board resolution. Amendments were later adopted after homeowners had raised questions, creating confusion about which policies were in effect and whether requirements had been formally approved.
The Condo Board believes significant policy changes should be communicated clearly and only after formal Board approval.
7. Commitment to Transparency and Compliance with Maryland Law
The Condo Board of Directors believes homeowners are entitled to transparent governance and meaningful access to information regarding the operation of their association.
The Maryland Homeowners Association Act provides lot owners with rights to examine or copy books and records of a homeowners association, subject to certain statutory exceptions. The Act specifically addresses access to association records and provides requirements concerning the availability of financial statements and meeting minutes.
The Condo Board is concerned that homeowners have experienced unnecessary difficulty obtaining records, receiving timely responses, and obtaining clear explanations regarding significant Board decisions. Greater transparency and more consistent communication would strengthen homeowner trust and confidence in the Board's leadership.
Maryland law reference: Maryland Real Property Article, §11B-112. View the official statute.
Petition Request and Certification
As a member of the Hidden Creek Homeowners Association, I hereby petition the Association to initiate the process for the removal of AMANDA SHEPHERD from the Board of Directors in accordance with the Association's Declaration, Bylaws, Rules and Regulations, and applicable law.
This petition is based on concerns that the Board member has not fulfilled their duties in compliance with the Association's governing documents and Board obligations. By signing this petition, I request that the Association conduct the appropriate membership vote or meeting required to consider the removal of the Board member.
I affirm that I am the owner of a unit within the Association and am entitled to participate in this petition process.
Who Can Sign
Eligible signers are homeowners who are members of the Hidden Creek Homeowners Association, including townhome owners and condominium owners who are HOA members. Submitted signatures will be reviewed for eligibility.
Support the request for a membership vote
Signing requests that the Association follow the appropriate process so the membership can consider the matter.
Sign the Petition