I want to thank the Chaska Herald for taking the time to keep the residents of the Jonathan Association informed about the 2008 Board of Directors election. I appreciate their willingness to give candidates another forum to explain their views on the problems facing the Jonathan Association.

As I told Mollee Francisco, though, a limit of 100 words on the answers made it nearly impossible to explain some of the nuances of the legal and communication challenges facing the Jonathan Association. Mollee gave me permission to post what I call my "long form" answers to the Chaska Herald's Q&A once the candidate profiles were published. So, here goes.

Katie Tierney's Answers to the Chaska Herald:

1. Do you believe the Jonathan Association should continue to pursue litigation to determine the validity of the post-JDC annexations? Why or why not?

The litigation to determine the validity of post-1979 annexations should be terminated immediately. The Board of Directors sought and obtained a legal opinion that fit their desire to dissolve the Association. However, there have been opposing legal opinions provided to the Board of Directors that indicate the post-1979 annexations can be upheld, which the Board of Directors has chosen to ignore.

The central issue being pursued by the Board of Directors is whether or not the Jonathan Development Corporation (JDC) properly transferred development rights to a company called Chaska Investment, which has been the principal developing entity in Jonathan since 1979. The question the Board of Directors wants answered is: “Did the baton get passed properly from the JDC to Chaska Investment?” Since the Board of Directors and their attorneys have not been able to find written documentation explicitly transferring development rights, they believe that there was no transfer. However, they choose to ignore the question of intent. Did the JDC intend that Chaska Investment receive the development rights to Jonathan? The answer is simple: yes.

Four states have addressed the issue of transferring development rights by intent, rather than by documentation. All four states have ruled that development rights can be transferred by intent. There have been zero decisions ruling that development rights cannot be transferred by intent. The State of Minnesota has never been asked to consider this issue. So, we have four legal decisions that support intent as a valid method of transferring development rights, and no decisions supporting what the Board of Directors believes. The states that have addressed this issue are Missouri (2002 and 2007), Washington (2007), Utah (2004), Alabama.

The Board of Directors recently introduced what they’ve termed a “Settlement Concept.” Unfortunately, there is simply not enough information for me to make an educated decision as to whether or not to support a settlement. There are many unanswered questions, and much of the information in the documentation provided at the February 12, 2008 Board of Directors meeting was not approved by half of the Ad Hoc settlement committee. Until more detailed information about the settlement is made available, I cannot make a commitment to support or oppose the proposed settlement.

2. What could be done to better the Jonathan Association?

I should start this by saying that I have had the opportunity to develop some wonderful friendships with my neighbors in Jonathan. No matter what our houses look like, or what we do for a living, or what we believe politically, I found that my Jonathan neighbors are simply amazing. My husband and I are thankful that we found a wonderful community, with beautiful amenities and common areas, where people truly care about each other. I think that this sense of community is Jonathan’s greatest strength.

In real estate, the three most important principles are location, location, location. For a community association like the Jonathan Association, the three most important principles are communication, communication, communication. Property owners in Jonathan are not provided with timely, accurate, and effective information. The property owners feel disconnected from the actions of the Board of Directors because they have little information and even less input. The Jonathan Association should mail official communications to all property owners on at least a quarterly basis. Property owners who have been part of the Association for years may remember the quarterly News & Views newsletter that was mailed to all property owners. News & Views was completely advertising sponsored, so the cost to the Jonathan Association was minimal, although the benefit was great.

The Jonathan Association Board of Directors should open up the floor for comments from property owners before they vote on an issue. Currently, the Board of Directors conducts their meetings (including voting on any issues) and then opens the floor for comment at the end of the meeting. Property owners have no way to provide input on an issue up for vote before the vote is taken – in essence, the Board of Directors believes that the input of the property owners is unimportant.

There is a critical need to institute an equitable distribution of resources within the Jonathan Association. A certain percentage of a neighborhood’s dues should be spent to directly benefit that neighborhood. If the property owners in a particular neighborhood do not feel that they are receiving benefits that match their financial contributions to the Association, it is up to the Board of Directors to work with the property owners to provide them with a level of service that meets their needs.

The Jonathan Association Board of Directors has failed to act in a professional manner over the past two years. Property owners who address the Board of Directors to offer opinions differing from the Board’s beliefs are called out of order, belittled, or harassed. This is unacceptable behavior, and it will not continue. No one on the Board of Directors is any more valuable to the Jonathan Association than the property owners. In fact, the Board of Directors serves at the pleasure of the property owners. The Board of Directors must act with the utmost professionalism and conduct themselves ethically.

3. What other pressing issues do you see facing the Jonathan Association?

The Jonathan Association and the City of Chaska should act as partners. Over the past two years the relationship has been contentious and adversarial. Because both the City and the Jonathan Association are important parts of this community, an effort must be made to re-establish professional relationships among the members of the Jonathan Association Board of Directors, the City Council, and the City of Chaska departments.

The Board of Directors has failed to implement a Capital Improvement Plan to ensure that the property owned in common by all Jonathan Association members is maintained and repaired properly. There are property owners who would welcome the opportunity to assist the Board of Directors in the development of this plan, and it is time that the Board of Directors works with this dedicated group of property owners to plan for the future of Jonathan. . The Lake Grace area, the tot lots, open space, and trails don’t maintain themselves - it is up to the Jonathan Association to ensure that these areas are safe and available for the enjoyment of all Jonathan Association residents.

Finally, the decreasing property values in Jonathan are a very real danger to this community. The Jonathan Association must enforce reasonable architectural controls to protect the rights of the property owners, and must maintain existing common property in excellent condition.

Jonathan is a jewel in Chaska. It is my goal to enhance and protect our way of life.