Your Board had the following letter the evening of the March 20th Board Meeting. Why weren't we told about it? Think about how the stage was set. Morabit was speaking again on "UNITY????", and the Board knew that a motion was going to come to the table. They might not have known who would bring it, but in the end it was Barrier. While there are times I don't agree with the Board, I don't believe ANY Board or individual Board Member should have this kind of extortion! HERE IT IS:
From: Ronald Pietkewicz Sent: Tuesday, March 20, 2012 8:03 AM
Subject: Forwarded email for all Board members
Board members: Friday afternoon, March 16, I was asked in a phone conversation
to send you the following message under my name. I won't sign it since I didn't
write it. Make no mistake about it, though. I agree with its content. Its
purpose is to ask you to seriously consider the motion that will be put before
you this evening concerning its content. It also points out " that each of you
has a fiduciary duty to vote to have the WPA bring suit as plaintiffs on behalf
of our membership." No response to me is needed! It's for you to digest.
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Dear Board:
It is vitally important that you are aware that a suit will be brought against
Attorney Thomas Winslow and the Bell Law Firm for malpractice in his
representation of the Wedgefield Plantation Association. The most egregious
legal advice pertained to his opinions and counsel concerning the board’s rights
and actions that resulted in using Association funds for the dredging of the
canals at Wedgefield Plantation. What is even more important is that you
realize that each of you have a fiduciary duty to vote to have the WPA bring
that suit as plaintiffs on behalf of our membership.
The Richter Law Firm in Mount Pleasant, SC has been provided with a large amount
of documentation which supports the facts that Attorney Winslow completely erred
in his official opinion regarding the ownership of the canals as well as his
advice that the Board had a legal right to require “special assessments” against
all canal lot owners. This firm is ready and willing to pursue this litigation
and believes we have a very strong case.
There is also another suit that will be filed soon by a group of our members for
“Breach of Contract” resulting from the prior board’s vote to issue a “special
assessment” against the canal lot owners and to determine once and for all
whether maintaining the canals constitutes a “general benefit” to the entire
plantation.
That suit could result in having to return illegal assessments to our
membership. Now, where will the funds come from to meet that requirement? It
should be borne by a suit against Thomas Winslow and the Bell Law Firm who
provided the legal advice that has put this Association in such legal jeopardy.
Each and every one of you must be aware that to vote no on a motion to proceed
with this litigation will place you in jeopardy of being individually sued for
failure to act in the best interests of our membership, in other words, failure
to accept your fiduciary duty and act accordingly.
Why would you not vote to do so? Mr. Winslow acted negligently over and over in
his advice to the Board that has so harmed this community.
If you unfortunately choose to not accept this opportunity to hire the Richter
Law Firm and attempt to recover much needed funds for our Association treasury,
then a group of our residents will go forward and bring that suit. In that
case, when we win, it will be our decision as to how the proceeds of that suit
will be distributed to the membership.
Please consider this decision very carefully. Your vote is very important. You
do not want to place yourself in very personal legal jeopardy. This is
definitely not our desire.
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DO YOU HAVE AN OPINION? Send it to: wedgefieldexaminer@yahoo.com be sure and note whether you want your name printed.
