Update January 11, 2025: Emails sent to decision makers with our community's notarized affidavits, confirming we didn't elect this Board of non resident non declarant developers 14 years after the declarant control expired. This is violation of an entire community's Rights to Property, Rights to Vote and participate in governance and Right to Remedy. We've requested the MN AGO do his job and protect The People, as The People's Lawyer. There's even a Statute that delegates him with 50 or more people or 10%, 317A.751. So far, the MN AGO refuses to reply: https://www.revisor.mn.gov/statutes/2011/cite/317A.751 

We've also submitted this proposed legislation: https://www.hoareformleaders.com

We, the homeowners of Waters Edge at Donovan Lake Single Family Homes signing this petition hereby petition the HOA Boards of Waters Edge at Donovan Lake SFH & Master Associations to set the earliest reasonable date, time and place for a special membership meeting to  address each of the following:

I) Vote to remove the management company that us residents did not vote for & is not serving homeowners, First Service Residential;

II) Vote to Dissolve the Single Family Homes HOA(s) in which us homeowners hereby vote to dissolve;

III) Vote to Dissolve the Master HOA in which us homeowners hereby vote to dissolve;

IV) Vote to remove the following Board Members in which us signed homeowners did NOT vote for & therefore vote to RECALL:

A. John Miller, aka Brightpoint Homes & multiple other LLCs, member of the Board (not elected by residents);

B. Paul Benson and later Matt Barker, Capstone Homes

C. 

V) Homeowners herein invoke their right to inspect any and all legally requestable HOA documents, including, but not limited to the list emailed to First Service Residential. This is expected to be fully available for homeowners to view & download. We've paid for Election Records, but have been so far denied. 

WE, THE MAJORITY OF HOMEOWNERS IN WATERS EDGE AT DONOVAN LAKE DEEM THIS PETITION NECESSARY, AS MULTIPLE RESIDENTS HAVE PROVIDED WRITTEN +/OR ORAL COMPLAINTS REGARDING THE FOLLOWING:

1. The Waters Edge at Donovan Lake HOA Board(s) has been sued for their participation in threats, harassment, deceptive practices, selective enforcement, etc.
2. The Boards continued & multiple abuses of power;
3. The Board admitting to directing their Management Company to commit mailbox tampering & littering of our entire community;
4. The Board has not followed any required notice period requirements set forth by the MCIOA or governing documents for either annual or other meetings;
5. Despite lack of proper notices nearly every meeting, the Board had allowed themselves to adopt Proof of Notices they'd falsely had notorized stating they did provide the propert notice when they did NOT, which is a form of fraud;
6. The Board did not uphold it's fiduciary responsibilities to it's members/ homeowners & has acted with malice, negligence & sheer disregard for those signed herein who reside in this community;
7. The Board has repeatedly violated the governing documents themselves, yet are attempting to force an entire community of homeowners who OPPOSE to comply;
8. There's lawsuit(s) regarding overpromised amenities that have not been fulfilled & any community with 2 HOAs need to have significant amenities to justify not just 1, but 2 HOAs. 2 HOAs with zero amenities would harm homeowners ability to sell, which is the opposite of what HOAs are in place to do (protect home values & residents);
9. The Board has been provided this petition previously & has thus far refused to call a special meeting to vote to dissolve these HOAs despite numerous residents' demands at numerous meetings & us having enough signatures (10%) to call the special meeting to vote to dissolve since August 2023

Members/ homeowners reserve their right to bring forth any additional complaints +/or claims against any members of the Board(s) involved at this special meeting, as there's been multiple homeowner abuses & all homeowners deserve a platform to address their concerns. 

Should the Board not comply, Homeowners intend to have their own meeting to dissolve with an attorney & Multi Party Litigations +/or additional lawsuits, along with continuous well documented petitions to our government for redress of grievances is likely imminent. These homeowner abuses must cease immediately. 

 

ADDITIONAL PARTIES:

Persons +/or entities named below will be served a copy of this petition in efforts to:

1. Document & support this communities continued efforts in HOA dissolution &
2. Petition our local & State governments for redress of grievances as a community to prevent continued homeowner abuses. The MN AGO admitted to knowing MN homeowners are under-represented & unprotected against HOA laws & says it needs to go to our Legislators. Issue is there's so much money in real estate & HOAs that MN laws foster & almost encourage corruption & gouging so none of our local & State government WANT change. They profit from harming homeowners. Currently a homeowners only option is to spend exorbitant amounts of money to congest courtrooms (so that's what we're doing)!

First Service Residential MN (jon.klein@fsresidential.com);

Larkin Hoffman representing John Miller & Waters Edge Investors (WEI) (rstefonowicz@larkinhoffman.com);

Matt Glaesman-City of St. Cloud, MN. Planning & Zoning (matt.glaesman@ci.stcloud.mn.us);

City of St. Cloud, MN. Attorney  Renee Courtney (renee.courtney@ci.stcloud.mn.us)

Benton County Attorney Karl Schmidt (attorney@co.benton.mn.us);

Benton County, MN. Commissioners (jgapinski@co.benton.mn.us, epopp@co.benton.mn.us, bschlangen@co.benton.mn.us);

Benton County, MN. Assessors Office (landerson@co.benton.mn.us, rachman@co.benton.mn.us, landservices.assessor@co.benton.mn.us, pmiller@co.benton.mn.us, mkay@co.benton.mn.us, bfolden@co.benton.mn.us);

Keith Ellison -MN Attorney General  (attorney.general@ag.state.mn.us); 

Mayor Dave Kleis (dave.kleis@ci.stcloud.mn.us & opposing party annebuckvold@gmail.com;

Legislators Dan Wolgamott (danformn@gmail.com), Aric Putnam (email contact form), Alejandra Henriques (Alejandra.Henriquez@mail.house.gov, Tom Emmer (contact form);

MN Department of Commerce Commissioner (commissioner.commerce@state.mn.us);

MN Department of Justice (web form);

HRA (https://stcloudhra.com/fair-housing/

FBI (submitted to local field office online);

We, homeowners of Waters Edge at Donovan Lake in St. Cloud, County of Benton in the State of MN, also reserve the right to submit this petition and any supporting evidence to additional entities we, homeowners deem necessary in this fight to protect our communities primary assets- our homes.

HERE'S ONE OF SEVERAL OTHER MN COMMUNITIES BEING (MIS?)MANAGED BY FIRST SERVICE RESIDENTIAL THAT NEEDS YOUR HELP: https://more-opportunities.com/

A GREAT RESOURCE FOR HOMEOWNERS ALL OVER THE UNITED STATES STRUGGLING WITH HOA ABUSES: https://hoareformleaders.com/

#HOAabuse