The Legal Report provided by Legal Chair, Garrison is short, not so sweet, and vague. It revolves around the litigation regarding the canal lot owner who refused to pay the related canal dredging assessments. If you aren't a regular meeting attendee, or don't listen to the tapes of the meetings, it might be difficult to determine what litigation he speaks to. Quite frankly, the report left me uncertain of the outcome. He says things such as, "waiting for the judge to make a determination", "the judge died", "come to terms", "got our money - at least most of it". At one point, in this few minutes in time, he states something like it has dragged on 2/3 or 3/4 of forever. Listen to the tape to see how much time that type of litigation expense gets. Your board voted to settle this a year ago, at the OCTOBER 2014 BOARD MEETING! The silence, and initiative by our Legal Chair, and your board, on this litigation, HAS NOT BEEN GOLDEN! In fact, it has been frustrating, insulting to common sense, abusive to members in good standing, and plain poor governance by all members of the board who sat back and watched it happen, over years, and several boards.
It left me with too many questions. I've written the board, and I'm going to share the letter with you. No use spending my time writing the same information twice. The letter to the board provided below, explains it all. If after reading the letter, you doubt the events, spend some time reviewing previous documented articles on the subject at The Wedgefield Examiner, or The Wedgefield Times, and listen to the tapes of the appropriate meetings.
HERE IS THE LETTER:
DATE: October 27, 2015
TO: WPA Board
FROM: Madeline Y. Claveloux
RE: REQUEST TO REVIEW
FILES
Please place a copy in
the Correspondence File, and distribute to the board.
I’m requesting an
appointment to review files at the WPA office on Thursday, November 5, at
11:00AM. The request is made according
to SC Title 33, Article 16 Code of Law, sent to me by Board Member DeMarchi, on
06/05/13. I am not requesting copies, as
the law states I’m entitled to. I am
requesting review of the following:
1) In regard to the litigation recently finalized *(see
note), concerning the canal lot owner who refused to pay the dredging
assessment. *(Note) I use the term
finalized, as I am unsure what would apply after listening to our Legal Chair’s
report from the tape of the October WPA Board Meeting. The documents I would like to review:
*ALL
LEGAL INVOICES THAT RELATE TO THIS LITIGATION
*ALL
LEGAL OPINIONS, OR CORRESPONDENCE FROM THE WPA ATTORNEY RELATING TO THIS
LITIGATION
*ALL
LEGAL PAPERS, DOCUMENTS, CORRESPONDENCE FROM THE OPPOSING ATTORNEYS, OR
RESIDENT PARTY, RELATED TO THIS LITIGATION
*ALL
ORDERS, JUDGEMENTS, ETC., RELATING TO THE LITIGATION
*ALL
PAPERS THAT WOULD INDICATE WHAT THE RESIDENT MEMBER DID HAVE TO PAY WHEN THIS
LITIGATION WAS FINALIZED.
REASON
FOR REQUEST: I, as a canal lot owner/member, paid all of
my dredging related assessments, as assessed by the WPA, to remain in good
standing, and exercise my right to vote at annual meetings, attend monthly
meetings, and write the board with expectation of answers afforded to members
in good standing, directed by our governing documents. At times, even as a member in good standing
those rights have been denied to me.
Yet, during the history of the dredging related assessments, there were
annual meetings, where those who had not paid, were allowed to vote. In the end, this litigation represents the
“last man standing”, as it relates to those who would not pay the dredging
assessment.
Additionally,
the reports provided at the board table regarding this litigation have been
sketchy, incomplete, and caused contentious behavior, by board members, at the
board table. As a resident attending
board meetings, I’ve seen at least 3 WPA lawyers come, and go. One was disbarred! One failed to act, or even respond to the WPA
Legal Chair. During the meetings terms
were thrown around like judge, mediator, no it is a judge, and our lawyers
supposed opinions, often said to be “not in writing”, interpreted for us, by
our WPA Legal Chair. It has been a
mess. At one point in the board’s
reporting it appeared that this last hold out to the dredging assessments,
wasn’t going to have to pay, and some residents who had paid for the dredging
assessments, asked for their money back.
The board’s Legal Chair stated that the law time limitations, had run
out for us!
I
believe that a review of the documents requested will finally answer my questions as to what
this litigation cost in resident funds, and exactly what critical parties said,
or didn’t say. I further believe that
the law presented to me by WPA Board Member DeMarchi, allows me to view all of
the requested information, and have copies, if I wish to have them. I reiterate, I’m not requesting copies, at
this point.
2) I’d like to review the Correspondence File,
from May 2015 through November 4, 2015. REASON
FOR REQUEST: At least one resident
letter was not reported on during a board meeting, and I’d like the opportunity
to review the written board response to the resident letters.
Please confirm in
writing, whether I will be permitted to review ALL of the requested
information.
Finally, I felt I
should note in writing, to the board, that I have not received the annual
meeting packet. I have called the
office, received a call back from J. Cline, and will wait until October 30th
to see if it arrives at my home, or is returned to the office. We vote by proxy each year, whether we attend
the meeting or not, and as a member in good standing, would like this resolved
as soon as possible.
