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Inconsistency seems to be one of the major pitfalls of a board that claims cohesion, and almost a righteous claim to righting the order of the business of our association. There was a discussion about assessments, late charges, and changes to the policy manual, under new business. First, I encourage you to go to The Wedgefield Times and listen to the segment yourself. Before we move on, as we are talking about inconsistency, how is it that there was any new business at all? There wasn't anything listed under new business on the published agenda. Yet, Garrison comes to the table with the first reading of two proposed changes to the policy manual. According to the by-laws, all proposed changes are to be put up on the WPA website so that residents can review and comment. Another inconsistency, because it hasn't happened, and this board has made several changes.
Basically, Garrison acknowledges that assessments are due, paid in full, by the end of January. In fact, everyone of us received a coupon book and letter, with a due date of January 31st. William Douglas prepared the coupon books and did the mailing, based on the advisement of this board. This due date is consistent with the WPA covenants. #9: "Such assessment shall be set by the Board of Directors of Wedgefield Plantation Association and payable within thirty (30) days after written notice to the grantee."
Garrison moves into a long discussion about the fact that many past boards have kept this due date, but delayed any late charges until March 1st. He states that when the new policy manual was approved that the language in penalties was overlooked. He wants to make changes so that there aren't any late penalties until after March 1st.
McBride questions the motion. He says he felt when the board decided to use covenants and by-laws, as applied to assessments, that the board was going to do what was required. Garrison reminds him that indeed they have followed the governing documents and the assessments are due on January 31st, but there isn't any requirement regarding when to start billing late fees. Garrison goes back to history, hardship, etc. At times he states that residents had a whole year to consider the fact that their assessments were coming. When asked to consider holding residents to the published date, he says the board will receive hate mail. McBride asks who wrote the board. Garrison says he doesn't know. Some on the board comment and laugh and consider taking hate mail.
At some point in this long discussion the board realizes that they can't vote on the proposed changes to policy because this is only the first reading. It will be February before a second reading and vote. William Douglas is scheduled to send late notices and penalties on February 5th. The board then votes to instruct William Douglas not to send late notices in the month of February. McBride votes "no".
COMMENTS: I've provided the description above, to the best of my ability. I encourage you to listen to this section at The Wedgefield Times.
Wouldn't you think that the playing field in the sport of paying bills should be even? Wouldn't you think that you should be able to trust and believe the date due this board puts in writing to you? Wouldn't you think that if there is a merry go round ride to extend payment, without penalty for 30 days, that the information should have been included in the assessment billing for all of us to read and decide? Why are there privileges for deviant behavior, rather than rewards for appropriate behavior? Why wouldn't I receive a discount for paying on time?
I'm sick of hearing about precedent, "done in the past", etc. Just because someone else did it doesn't make it correct, particularly when you are supposedly going to govern according to our governing documents. The covenants tell us how long we have to pay. It is 30 days from issuance. We hired a management company to help us, and now we are circumventing and stalling collection. These extensions haven't worked in the past. The board provided the history of penalty fees for a five year period with the financial handouts. They are in the process of placing liens on over 20 properties, at our expense.
Of course this generous board spoke of hardship, poor economy, and bad times. We all have a heart. In the end, we all make decisions about when and how to pay. This is business. If you, knowing that every year the assessment arrives in January, due the end of January, fail to pay on time, then shouldn't you accept a $20.00 late fee? When the county sends your property tax, or you receive your electric, water bills, etc., you know that if you don't pay by the due date, there will be a penalty. That's how government and business handle payment due dates.
This policy, historic, or not, just abuses responsible residents, who believe the board when it says payment is due on the 31st. Next year, I may take my chances and keep my money in the bank 30 days longer. Why not? I keep hoping the board will be consistent, send out mailings, consistent with our covenants, and good business practice, and live by their written word.
