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Sunday, July 20, 2014

SOCRATES SAID, "WHEN THE DEBATE IS LOST, SLANDER BECOMES THE TOOL OF THE LOSER." ALL THOSE YEARS AGO, COULD SOCRATES LOOK INTO THE FUTURE AND SEE THE ACTIONS OF THE 2014 WEDGEFIELD BOARD? WE DON'T KNOW, BUT THE QUOTE APPLIES TO LIFE AT THE WPA BOARD TABLE. OUR BY-LAWS AND GOVERNING DOCUMENTS ARE IGNORED BY MOST ON THIS BOARD. WHEN ANYONE QUESTIONS, THEY MOVE TO WHAT IN THE END CAN ONLY BE CALLED SLANDER. DON'T BELIEVE IT? LET'S LOOK AT APPROVAL OF THE MINUTES, DURING THE JULY 15TH WPA BOARD MEETING.

The Wedgefield Examiner has reviewed the tape of the July 15, 2014 WPA Board Meeting.  After, I came across a quote from Socrates, that apparently popped up for a reason.  It just fit the MO of the current WPA board.  I will relate what happened during the meeting, and at times, provide quotes, in quotation marks, and underlined.  In all cases, I suggest that you go to The Wedgefield Times, and listen to the tape for your own verification.  Additionally, I'm not going to continue to retype the saga of the violation of our by-laws, noted in previous articles regarding, your President's failure to follow our By-Laws regarding notification for meetings.  You may have to go back and read to catch up.  COMMENTS WILL BE INSERTED IN RED THROUGHOUT THE ARTICLE.

The July 15th meeting opens with all nine board members in attendance, along with 11 resident members.  President Walton calls the meeting to order and verifies a quorum.  He then moves to approval of the June minutes.  A motion is made by Secretary Cline and seconded by DeMarchi.  Uncharacteristically, your President IMMEDIATELY calls for a vote.  It should be noted that usually if anyone begins to speak before a second is made, that he informs them that he needs a second, and then discussion can be handled.  NOT at the July 15th meeting!  He moves to a vote.  McBride attempts to speak.  Your President says, "Please don't interrupt me."  McBride mentions something about corrections, before the vote.  President Walton asks if he has corrections.  McBride, "As I said before, I claim and still do claim that since this meeting was called the way it was that it is an invalid meeting, and that all this business that was done in the June meeting is null and void. I told you before you had the meeting that that's what would happen, and it's not me speaking, IT'S THE BY-LAWS.  The By-Laws say you have to give us time.."  He is interrupted by President Walton, who says, "OK, I'm going to have to correct you.  Any sitting board member having objection to our June board meeting..."  McBride, "Yes"  Enter, Legal Chair Garrison, "We have one objection John (McBride), so..."  McBride, "It's the By-Laws.  You can not as a board member just ignore a By-Law.......If you're going to do that.."   President Walton interrupts loudly and says, "OK, John (McBride), let me make a statement.  I MADE A MISTAKE!"  Someone, not McBride interrupts saying something that can't be heard. President Walton asks to be allowed to finish and says something about he and Kathy getting non collectible and collectible money.  President Walton then says, "It was a mistake on my part.  I apologize."   McBride, "It doesn't make it right."

We pause here for comments, because this all could have ended before it began, if your President had listened to a sitting board member, PRIOR to the June 17th WPA Board Meeting.  McBride did notify President Walton, PRIOR to the June 17th meeting, that the meeting wasn't properly noticed according to the By-Laws.  McBride, notified the board, read them the very By-Law, during the June 26th Open Board Meeting, that both the June 17th and 26th Board Meetings, were illegal, and therefore null and void.  Your President and Legal Chair treated him with demeaning words, NEVER ADDRESSING THE BY-LAW.  What is worse, is by their silence, and blatant disregard for our governing documents, so did every board member seated at the board table, on the 26th!  I quoted President Walton above.  YOUR PRESIDENT SAID HE MADE A MISTAKE.  You bet he did.  He not only willingly ignored our By-Laws, but he aided our Legal Chair, in verbally beating up, THE ONLY BOARD MEMBER, who demanded following our BY-LAWS, at the board table.  First, usually whether in general life, or at work, if you are a decent person, you acknowledge your mistake, and present a reasonable plan to correct it.  You don't publicly attempt to make the person who identified the problem, look like a fool.  There isn't any real apology here.  One might ask if McBride should just skip this detail of notification.  Not with the record of this board!  They have chosen too many times in the last year, to ignore our governing documents, and hammer the messenger.  This fake apology is just same old, same old.

Enter, Treasurer/Compliance Chair (???????), DeMarchi.  He says, "Does the Policy Manual not state that a regular scheduled board meeting is the third Tuesday of the month except for the month of November?"  McBride tries to speak but is interrupted by DeMarchi, who says, "Does it not state that?"  McBride, "Excuse me.  I am using the By-Laws and we all have to use the By-Laws.  They are first and foremost. The Policy Manual is whatever you people want it to say.  I made a comment because the meeting was never called.  That's not right."  Enter, Legal Chair Garrison, "Are you objecting to the meeting being called, or the agenda not being released 72 hours before the meeting, which..."  McBride then states the number and section of the By-Law.  He goes on to say it can be corrected by calling a repeat meeting and using the By-Laws correctly.  McBride than says, "I've also said this at a previous meeting.  By-Laws and Covenants are not DISCRETIONARY.  It is not me speaking.  It is the By-Laws speaking."   Legal Chair (??????) Garrison, "I'm trying to understand where the objection comes from."

We are back in COMMENT RED.  McBride notified President Walton before the June 17th Board Meeting.  He READ the BY-LAW to them at the board table on June 26th.  He sent an email notice to the entire board ON JULY 14TH, one day before the JULY 15TH meeting (previously published here), quoting the By-Law and his objection.  WHY THE FEIGNED RING AROUND THE ROSY QUESTIONING BY PRESIDENT WALTON, LEGAL CHAIR GARRISON, AND COMPLIANCE CHAIR DE MARCHI, except apparent attempt to insult the questioner.  What don't they get?  It could appear by this ridiculous show that they just don't care.  The bigger question here is how did your President, who is suppose to uphold our governing documents, and has privilege of naming committee chairs, EVER NAME THESE TWO TO COMPLIANCE AND LEGAL, unless he is complicit in this apparent underhanded, obviously unlawful governance? 

Garrison comes back again about awareness of regular meeting schedule and says, "it isn't even a question. From my mind, the meeting was legal.  Not a soul here, who doesn't know it.  You know it.  Christmas isn't in December this year?"  Really, Legal Chair Garrison??????  If EVERYONE KNOWS IT, WHY DID PRESIDENT WALTON SAY A MISTAKE WAS MADE, AND APOLOGIZE FOR IT??????  Every BOARD MEMBER IS CHARGED WITH UPHOLDING AND FOLLOWING THOSE BY-LAWS AND COVENANTS, whether Christmas is always in December, or not.  The rest of the board members who sat in silence and pretended they didn't know, while these apparent malicious OFFICERS proceed, also appear to be complicit and cowards, failing to perform their duties.

Now Secretary Cline enters, stating, "can I clarify this, as I'm sitting on the board, as we all are.  A MISTAKE was made on the agenda.  It was late.  That's a fact. Now, we all however, did show up.  You knew in advance that we were going to have a meeting.  I understand that you chose not to come.  I know why.  Matter of fact there's nothing wrong with that.  It's not right or wrong. You chose because the agenda was late."  McBride, "No.  No, I chose.."  He is cut off by Cline, "that would have been the reason."   McBride speaks, but is interrupted again by Cline who says, "OK, I'm mistaken.  I'm sorry."  McBride then goes back to reading the By-Law, that addresses REGULAR meetings, words that Legal Chair Garrison, himself, has used.  You can hear someone on the board, it sounds to me like DeMarchi or Garrison, moan. Several board members are yelling.  Listen to the tape for yourself, because yelling is the appropriate word, and it isn't about the By-Laws.  McBride speaks, "The reason we have the time line is so that ALL can prepare and be properly prepared for the meeting.  I don't..."  There is more yelling from the board table.  Enter DeMarchi, "You email the attorney, OK, which is against our policies, OK"  McBride, "No, it's not against the policies"  Garrison, "You just make it up as you go along.  (YELLING) You get it, no business, no business, contacting the board attorney."

We go to comment red again, but stay tuned because something surprising happens.  Garrison's, "You get it, no business, no business, contacting the board attorney", is so wrong, wrong.  Instead, it should be a message to Garrison, our coward board, and complicit President, and it is "you better get it, officers of the board, and apparent coward board members, when anyone, any number, no matter how many on a board, blatantly refuse to follow the printed word of the governing documents, the ethical board member has a responsibility, and DUTY, to contact the board attorney, in behalf of the membership, almost likened to whistle blower, that the governing documents are being ignored, otherwise, the questioning board member is complicit in the "crime" against their role in governance.  That is just plain and simple!  I admire Secretary Cline for her attempt at resolving this problem.  I fail to admire her actions when she stops short of returning to the governing documents for her creed.

We move at this point of the meeting to the smart, brave under circumstance, resident, who has the guts to say, "point of order".  I know the voice because I attend the meetings.    Your President, J. Walton, yells, "NO!"  The resident bravely continues, "Jacky, would you control this meeting?  Could you do it outside of this?"  President Walton, "You are out of order!"  Resident, "NO, I'm calling point of order because you're the guy, the President.  You're the one that complains and brings your gavel down whenever there is some discussion back here.  Control your meeting.  That's your job."  President Walton, "I think I have this meeting under control."  Resident, "People are shouting."  President Walton, "No one is shouting."  Here comes Legal Chair Garrison, "And you have no business talking."  Resident to Garrison, "That's his job to say that."

We go back to McBride saying, "Just follow the By-Laws."  Legal Chair (?????) Garrison, "What is your solution to re mediate this, assuming remediation would be necessary?"  McBride, "You're going to have to repeat the meeting.  I asked you to talk to the attorney about it.  YOU WOULDN'T DO IT."  Garrison, "That's right!  You have no business contacting"  McBride, "If you're not going to .....someone is going to have to."  Garrison, "NO!"  Secretary Cline, "Now that we have resolved nothing, are we going to get on with the meeting?"

McBride wants his wording added to the meeting notes.  Remember, he has read the By-Law and his objections, more than once, and it appears from the conversation at the board table, that your board didn't put the language into the sanitized minutes. A vote on the minutes is taken.  One last word from McBride, "It's not a meeting."

Final comments:  First, thank you resident , for asking your President to act like one.  Those are my words, not those of the resident.  I have not sought his approval of my writing.  I honestly thank him for his role during the July 15th meeting.  As for President Walton, Legal Chair Garrison, Compliance Chair/Treasurer DeMarchi, and Secretary Cline, you have failed miserably to fulfill your roles as board members operating under our governing documents.  For board members who failed to open their mouths and acknowledge the problems, you are apparent cowards and ineffectual board members, focused on your old boy's network, rather than your roles as honest, ethical board members.  I don't know which attorney McBride contacted.  Residents, we have had three board attorneys in less than a year - Moody, Marin, and now Crosby.  The June 17 Board Meeting really appears to be invalid - not properly called according to our By-Laws.  With that said, Marin would be the "legal attorney", because the actions of the June 17 regular meeting, and the June 26th "Open Meeting", would indeed, be null and void.  If McBride wrote Crosby, the attorney hired as a result of those meetings, and presented the By-Law, and question, and Crosby failed to respond to what I call  a "whistle blower", and issue an opinion, then it is time to look for someone else.



 

Tuesday, July 15, 2014

TWO NEW ARTICLES WERE ADDED ON JULY 15

THE MYSTERY OF WHETHER EVERYONE WHO LIVED ON THE CANALS HAS PAID THEIR $5,000 INDIVIDUAL ASSESSMENT. A RESIDENT WRITES THE BOARD AND WANTS THEIR $5,000 BACK, IF WE ALL HAVEN'T HAD TO PAY.

Today as I reviewed the correspondence file I found a letter from a resident on Swamp Fox, requesting their $5,000 Individual Canal assessment back, if EVERYONE, hasn't had to pay.  This may come from the fact that there are a lot of rumors floating about, about the possible lack of legal action, by our Board Attorney, and your board's possible failure to update ALL board members about what is actually happening. 

On June 22nd, the Swamp Fox resident writes, "It is my understanding that Mr. & Mrs.------------ canal lot owners, were not required to pay $5,000 plus each water front lot owner in Wedgefield Plantation paid in relation to the dredging.  If exceptions were made, I would like to request the return of my monies in a timely manner.  I expect the WP Board to address this matter immediately so that there will be no need to get an attorney involved."

On July 2, your board responds, "------------was required to pay the $5,000.00 assessment the same as all canal lot owners.  He has chosen to challenge the assessment in court rather than pay it.  As of today that litigation is still on going.  This board considers -------------to be delinquent in the paying of his assessment and your statement that he was not required to pay is incorrect.  No exceptions were made."

The problem here may be the rumors.  I don't know who the resident is and therefore, have not spoken to them.  All names were removed.  The rumors, have been spreading for quite some time.  Since your board appears to hide information from some on the board (unethical), play with words in board meetings to cover up, they deserve these kind of questions.  The rumor is that the $5,000 case was put in the hands of a referee, who found in favor of the WPA.  The resident filed a motion against the ruling, and either your board, or the board attorney failed to proceed properly, and the decision was reversed in favor of the resident.  It is further rumored that the board is now attempting to reverse that ruling.

Will we ever get the truth??????????

THERE IS A BOARD MEETING TONIGHT. WILL YOUR BOARD ADDRESS AND REMEDY THE ILLEGAL MEETINGS OF JUNE 17TH AND JUNE 26TH? IF THEY HAVE ANY INTEGRITY AS INDIVIDUAL BOARD MEMBERS THEY SHOULD. HASN'T HAPPENED IN THE PAST. MAYBE THIS WILL BE A FIRST!

 

I am unable to attend the WPA July Board Meeting this evening.  I have transcribed the verbal harassment, staged unreasonable questioning, and denial of understanding by our President and Legal Chair, silent participation of all other board members in attendance - just let it happen (cowards), as to where board member McBride, was coming from as he read a By-Law, that your board failed to adhere to in calling the June 17th Board Meeting.  I have posted the response from your board Community Liaison, basically saying, the meeting wasn't noticed properly, but "The 3rd. Tuesday of each month structure has been in place for many years."  So he, who sends all his answers to the full board for approval, is basically telling me that none of them care when they selectively choose to ignore our by-laws.

There is more at stake here.  They SELECTIVELY have chosen to ignore our governing documents, in the past.  We are truly LAWLESS here. 

My communication from the Community Liaison, also informed me that I could come to the office and review the correspondence file, and receive a copy of the communication that was sent to the board.  Go back and read previous articles for the by-law under discussion.  Today, I went to the office and received the copy.  NOTICE WAS SENT ON THE 16TH @ 1:46pm!!!!!!!!  McBride was correct!!!!!!! Once again, your board selectively failed to follow the by-laws.  NO ONE, NOT OUR PRESIDENT, CERTAINLY NOT OUR LEGAL CHAIR, NOT THE SILENT, COWARDLY BOARD MEMBERS WHO SAT BY, protected our governing documents, OR US, as these two OFFICERS OF THE BOARD, continued to demean the ONLY BOARD MEMBER, who tried to do the right thing.

This issue, along with the last governing document violation - conflict of interest, is too UGLY, for words!!!!!!!!!  If we were any place else, the behavior of this board would be called ILLEGAL, UNCONSCIONABLE, and CREEPY!

Will your board try and correct it all this evening?  As I reviewed the correspondence file, I saw a letter, obviously written by a board member.  I understand removing resident names, but not board members?????  More cover-up?  The email was sent to be distributed to all board members, on July 14th.  The first paragraph again quotes the by-law.  The second paragraph, "Because this By-Law was not followed for a meeting the President wanted to call on June 17, 2014, any business thought to be completed at that gathering is null & void.  This matter was brought to the attention of the President prior to the meeting.  We as Directors and individuals can not pick and choose when to follow WPA By-Laws.  It is not a choice and we can not disregard By-Laws for convenience.  The business discussed during this gathering needs to be revisited during a properly called meeting so everyone can be prepared."

YOUR BOARD HAS NOT ONLY BROKEN OUR GOVERNING DOCUMENTS, BUT THEY HAVE PARTICIPATED IN ALLOWING OUR PRESIDENT AND LEGAL CHAIR TO PLAY DUMB AND ATTACK ANYONE WHO TRIES TO DO THE RIGHT THING!

I CAN'T WAIT TO REVIEW THE BOARD APPROVED MINUTES OF THE OPEN BOARD MEETING (ILLEGAL) ON JUNE 26TH.  OUR MINUTES ARE SANITIZED.  WILL YOUR BOARD HAVE THE GUTS TO PUBLISH THE VERY BY-LAW THAT A SITTING BOARD MEMBER READ TO THEM DURING THE MEETING, AND ALL BUT ONE CHOSE TO IGNORE, AND LET THE PRESIDENT AND LEGAL CHAIR GO AFTER, IN WHAT CAN ONLY BE CALLED AN ATROCITY, THE QUESTIONING BOARD MEMBER?

P.S/.  When your board won't do the right thing, you are forced to take the facts and the quotes to letters to the editor.  I've published articles from local newspapers about HOA boards.  Several residents of quality HOA neighborhoods have spoken out.  I've got the facts and will provide them if needed.

Thursday, July 10, 2014

AS A PRIVATE RESIDENT I HAVE HEARD FROM THE BOARD REGARDING FAILURE TO PROPERLY NOTICE THE JUNE 17TH REGULAR MONTHLY MEETING, ACCORDING TO THE BY-LAWS. QUITE FRANKLY, ONCE AGAIN THEY DECIDED TO IGNORE THEM. AGAIN, WE ARE LAWLESS, WHILE THEY DO WHAT THEY WANT TO DO WHEN THEY WANT TO DO IT, AND THE BY-LAWS ARE TOSSED TO THE WIND!

I don't have a lot of time to spend on this.  I have a life, contrary to what some of you would like to believe.  We met a medically fragile family member at the airport today, who we will be with through Monday.  Don't bring out the violins, because we, and she, don't need them.  I had to get this out tonight with the few minutes I have.  Once again, your board has SELECTIVE reasoning for throwing out our governing documents.  You'll have to read the last 5 or 6 articles to understand what this is about.  I don't have the time, or the patience, to take you back.  YOUR BOARD DID NOT PROPERLY NOTICE THE JUNE 17TH REGULAR MONTHLY MEETING TO THE BOARD, OR IN ANOTHER ARENA, TO US, AS MEMBERS.  THEY DON'T GIVE A RAT'S BEHIND.  THAT IS YOUR FAULT FOR PUTTING UP WITH IT FOR SO LONG.  Your board Community Liaison, Anderson, sent the following while I was at the airport today.  Some would say, "Don't kill the messenger."  I'm not, EXCEPT, that this messenger is a board member, suppose to uphold our governing documents, who passes on a LOUSY,  contrary to the by-laws, excuse. Here is the board's answer to whether there was an email notifying all board members of the June 17th meeting, THAT MEETS THE REQUIREMENTS of OUR GOVERNING DOCUMENTS - NOT!!!!!!!!   COMMENTS FOLLOW AFTER THE DOCUMENT.

 
In case you didn't know, when a letter comes into the board, it SHOULD BE distributed to ALL board members.  Then the Community Liaison drafts a response, shares it with ALL BOARD MEMBERS, and asks for comment, prior to sending.  That is if things are up front and legit.  Let's give them credit for being legit.  IT IS A REALLY POOR PICTURE.  IT MEANS THAT EVERY MEMBER OF THIS BOARD THOUGHT THIS WAS OK.  IT WAS OK TO VIOLATE OUR BY-LAWS with a stinking excuse like it is always the third Tuesday of the month!  Not credible!!! Not TRUE.  There have been times, in the 10 years that I have lived here, that the meeting has had to be moved because the board lacked information to move forward.  In the end, it doesn't even matter because YOUR BOARD IS BLATANTLY VIOLATING OUR BY-LAWS!!!!
 
Since the meeting on the 17th wasn't noticed properly and your PRESIDENT KNEW IT, ALL ACTIONS ARE VOID.  SINCE THE OPEN MEETING ON THE 26TH WAS CALLED BECAUSE OF ACTIONS ON THE 17TH, ALL ACTIONS ARE NULL AND VOID!  Your board took some pretty important actions during those meetings.  They moved $50,000 from operating to reserves.  They hired  a NEW BOARD ATTORNEY.
 
What is worse, is that 7 board members were present at the second meeting when the pertinent by-law was read to them by the questioning board member, and 4 of them including our Community Liaison sat there while your PRESIDENT AND LEGAL CHAIR, basically made fun of the questioning board member.  It has happened too many times.  Once again, they were really ignoring our governing documents - and laughing behind your back at what they must believe is your stupidity. 


Wednesday, July 9, 2014

ARTICLES WERE ADDED ON JULY 8 AND 9

SUN NEWS, JULY 7TH, ARTICLE, "THERE OUGHT TO BE A LAW" WEDGEFIELD NEEDS A LAW, BECAUSE OUR BOARD KEEPS CHANGING THE LAW THEY'LL SELECT, TO DO WHAT THEY WANT TO, OR AT TIMES AVOID LAW ALTOGHER.

As you read the article you'll note that several legislative actions are under study.  If you research you are able to find the legislative authors, and write them, with your concerns.  When our board, or any board, throws state law, by-law and covenants, their home made policy, into the air, and sometimes follows none of it, we need help.  A resident called me about this  newspaper article.  Thanks for the source.  During our conversation, he/she said she felt by the varying actions of this board that it appeared they felt that following our by-laws and covenants, was discretionary, and it shouldn't be.  That individual is correct.  I think that our board is just plain lawless.  Too strong?  Think back to when I requested copies of documents according to the SC non profit law, provided to me in written communication, by our treasurer.  I was told in writing that I couldn't have copies, and board members couldn't either.  The list would be too long to list.  If you read the blog regularly, you know that I have requested a copy of the email notification to board members for the June 17th board meeting.  I again, asked under state law.  We'll see.  If there wasn't a notice to the full board, your board held two meeting illegally, and the actions of those meetings should be null and void, until they admit their error, and re-do the meetings.  One of the actions from the meeting was to hire a new attorney, again.  Pretty important.
 
HERE IS THE PRINT COPY FROM THE SUN NEWS WEBSITE