The Tamarack HOA Board announced that one Tamarack Board seat and one Villas Board seat will be available at the October 21 Annual Meeting. In President Jacquie Farr's September 16 TownSQ announcement, the Board said only the position currently held by Jeff Rudolph will be up for vote for a three-year term.
The announcement says the Board received its attorney’s letter of opinion from an attorney that day. According to the announcement, the attorney concluded that the Applicable Date occurred in February 2023 and recommended resuming staggered terms, despite language in the Covenants that make the earliest possible Applicable Daye May 1, 2026.
No reasons were given as to why the attorney does not believe the exact "last to occur" language in the Covenants should apply. The announcement states that the attorney cited "5 reasons," but does not include those reasons in the announcement. Homeowners have pushed back, insisting that the Covenants must be applied exactly as they are written.
The Board also said only the Villas would hold an election in 2027, claiming Tom Jarvis’ term expires in 2027. This means Tamarack HOA members don't get to vote again until 2028. The announcement said the "opinion letter" was marked attorney-client confidential, and that the Board had requested permission to share the letter on TownSquare The Announcement also said the Board that it was working to schedule a community meeting before October 21. This article reports the Board’s account of the legal advice; the opinion letter itself was not included in the supplied announcement.
The Board’s full announcement
The original announcement is titled “Formal Request to the Board regarding Elections 2025.” The text below preserves the announcement’s wording.
On August 20th Todd Banvich and 12 residents submitted a formal request to the HOA board regarding the HOA Board elections at the 2025 annual meeting. Todd has posted this request publicly on the TownSquare Forum and on Facebook. We as a board felt this needed to be reviewed and responded to by the HOA attorneys. Today we received a legal letter of opinion from the HOA attorneys that is in response to the formal request. It is the opinion of the attorney that the "applicable date" was executed in February 2023 when MI Homes turned the HOA over to the Tamarack community. The attorney sites 5 reasons in the legal letter of opinion as to how she came to this opinion. The HOA board had stated when this formal request was sent to us that we would abide by whatever the attorney recommended. Because the 2023 HOA board members served a staggered term, the attorney has recommended we resume this process. At the October 21st Annual Meeting there will be one board seat available on the Tamarack board and one board seat available on the Villas board. The Treasurer/Secretary position currently held by Jeff Rudolph will be up for vote. This will be a 3 year term position and start the staggering terms going forward. Please note in 2027 when Tom Jarvis' term expires, only the villas will participate in an election of their President position. The Villa President position also serves on the Tamarack HOA board. The legal letter of opinion was marked Attorney Client - Confidential. We as the board feel we would like for the community to be able to read the legal letter of opinion so have reached out to the attorney for permission to post it on TownSquare. The HOA board is working to put together a community meeting ahead of the Annual meeting on October 21st. We will post the details of that meeting as soon as we are able to get it scheduled. Thank you for your continued support Tamarack HOA Board