The Board has been asked for clarification on the current situation whereas Better In Belize Ltd (BIB Ltd) has claimed to have taken over the BIB POA. This is a long document but since this issue directly impacts all lot owners we request you read it in full. The bottom line is that the BIB POA does not recognize this claim, and believes this is just another attempt by BIB Ltd to evade their responsibility to pay POA fees.
In August 2016, the developer, Better In Belize Ltd, signed over control of the POA to the lot owners. This Assignment Of Authority states that:
“On behalf of Better In Belize, Ltd., I, Looey Tremblay confirm that BIB Property Owners Association, Inc., … has authority and responsibility as the Better In Belize Homeowners Association (HOA) – Ecological Advisory Board (EAB) to perform all duties as outlined in the Better In Belize Covenants, Conditions, And Restrictions documents (CCRs) which is legally binding on each property and runs with the land.”
Nowhere in this document is there any indication that BIB Ltd retains any rights subsequent to the transfer. This can also be seen in the Board meeting minutes leading up to the signing of this document. The August 18, 2016 Board Meeting Minutes provided an update on the process
“The next step in the process is the signing of an agreement between BIB POA, Inc and BIB, Ltd. Transferring all power and authority for the EAB/HOA to our corporation.”
Note that it states that “all power and authority” were to be transferred to the BIB POA. If there ever was any intention for BIB Ltd to retain any ownership rights, it would have been specified.
After the document was signed, the September 19, 2016 Board Meeting Minutes reported:
“[Ann] McGregor stated the agreement totally separates the POA’s business affairs from BIB Ltd. and Looey Trembley.”
Again, there was a clear intention that the BIB POA would be a completely separate entity from BIB Ltd. Therefore, BIB Ltd does not have the right to “rescind” the authority of the BIB POA. Once the Assignment Of Authority was signed, BIB Ltd relinquished all rights regarding outright control over the BIB POA. BIB Ltd now has the same rights and responsibilities as any other lot owner at BIB. No more, no less.
The Board has received comments that “the majority of lot owners are not happy with the current Board.” This could certainly be true because a majority of the lot owners at BIB have a past due balance to the BIB POA. The current Board has engaged with a collection agency to remedy this situation. The Board does not think it is fair that a minority of the lot owners should have to pay for the majority who choose not to pay their fair share of the POA expenses. Again: If every lot paid their fair share, the 2022 POA fees would only need to be US$375, instead of the current US$985! The Board has started the process of attaching liens to these properties, and we suspect that this has annoyed some of these delinquent lot owners. The largest delinquent owner is BIB Ltd.
Also, due to a previous agreement signed in 2017, BIB Ltd was granted a five year waiver on past due interest charges for the unsold lots at that time. That provision ended January 1, 2022. It is certainly interesting that this latest attempt to illegally gain control of the POA occurred just before this provision expired.
The Board has heard some wild and untruthful speculation about the current Board. Since we are not privy to all that has been said about us, we cannot address every complaint. However, we would like to highlight some aspects of the community’s history:
Under BIB Ltd And Prior BIB POA Boards:
- Fees were higher: Under BIB Ltd: 2015 and 2016 $1400.45. Under prior Boards: 2017 $1093.33, 2018 $1046.43, 2019 $1029.06, 2020 1063.78.
- Various lot owners have reported that they were promised the following from BIB Ltd before purchasing lots: a community pool, a community center, restaurant(s), a convenience store, a pickleball court, and that they could work in the garden in lieu of paying their fees. Many of you could probably add your own items to the list.
- The roads at BIB were not laid out according to the originally submitted plat. This resulted in numerous road sections not being on BIB property. The most signifcant is the steep section of Forest Hill Drive. Despite Looey Tremblay’s promises, this issue remains unresolved. The Board surveyed, drew up, and delivered to Looey Tremblay an easement for Forest Hill Drive for him to sign in October, 2021. It remains unsigned. As such, lots 84 through 128 still do not have guaranteed road access. (See here for further information).
- Following the transition, BIB Ltd charged the POA rent for the land that the internet tower stands on, even though BIB Ltd did not, and does not own the land. When this was finally uncovered nothing was done to rectify this.
- Prior POA Boards routinely held private meetings, and contracts were kept secret. Most were not published and some were not allowed to be discussed. The prior Board president even denied others Board members access to certain contracts. The president of the prior Board also forbade discussion of the land that the internet tower was on and the ownership of Forest Hill Drive, and certain lots. This in large part is what motivated new community members to join the board in 2019.
- Prior Boards applied community rules inconsistently:
- Some lot owners were charged past due interest, others were not.
- Some lot owners were allowed to bypass EAB construction rules, others were not.
- Some lot owners were allowed to build without having settled their past due fees, others were not.
With The Current Board:
- Annual fees have been reduced: 2021 $985.00, 2022 $985.00.
- All documents and contracts are available at the POA website (bibhoa.com).
- The CCRs and Bylaws that each lot owner signed are applied equally to all lot owners.
- The current Board has made real improvements in the community, most notably paving the steeper hills. We have done this by being upfront and honest about the benefits and costs of each project. See our YouTube channel videos for more information.
- The current Board publishes a realistic budget. Spending is tracked against the budget and made public on the website. Whenever additional spending is required, it is put on the agenda for a future Board meeting. Any relevant documentation is placed on the website for consideration by the community, and the matter is discussed and then voted on at the meeting. All voting is done at public meetings.
- All lot owners are encouraged to attend monthly meetings and submit items for the agenda (at BIBHOABoard@gmail.com).
- Whenever an issue is raised with the current Board we attempt to address it in a transparent manner, and by sticking to facts and figures.
- Over the past two years, three Board members have been replaced for failure to do their assigned duties and violating their oath to uphold the Community’s rules. This was done after consultation with the POA’s lawyer and was done during public Board meetings. The unwillingness of some board members to do the work they originally agreed to should not disrupt the Board’s operations.
- Per the CCRs only titled lot owners with no outstanding fees are allowed to vote in elections. This was applied under the prior board as well. Ahead of each election, a reminder is sent out to give lot owners a chance to address this in time to participate. For those lots under contract, the titled lot owner gets the vote. They can forward their vote onto the person under contract if they so wish, but otherwise, people under contract do not get to vote because they do not own property at BIB. Again, this is specified in the Bylaws, which predate the transfer of ownership.
The current Board aims to materially improve conditions on the ground at BIB, while keeping annual fees in check. We abide by our governing documents and maintain transparency in our actions. We don’t have to agree on everything, but we should all have the livability and viability of the community as our common goal.
If you have any questions or concerns about this or any other issue, please contact the board at BIBHOABoard@gmail.com Please list specific questions and give examples where possible, so that the Board may address any concerns you may have. Also, please include your name and lot number with any correspondence.
Thank you,
BIB POA Board
Kathie Miller, President
Beth Weary, Vice President
Cyndi Lauricella, Treasurer
Marcia Sickelsmith, Secretary
Melissa Freedman, Member At Large