This month, the board reported that a resident who is upset with the lack of maintenance on a vacant lot on his street, has written the board advising that until the situation is remedied that he/she will hold their assessment in an escrow account. Vice President/Legal & Compliance Chair (conflict of check and balance in the board structure), Garrison notified the resident by letter, that the board levied the assessments, and the resident was required to pay according to our governing documents, or fines would be imposed, and necessary collection steps taken.
Where would a resident get the idea that they could settle a dispute over maintenance by holding their assessment in an escrow account? Why, from Mr. Garrison himself. QUICK HISTORY: During the heat immediately following the WPA Board's vote to assess, fund, and dredge. Mr. Garrison (then resident), along with two others, not only authored, and signed a letter to residents advising them to hold their assessments from the board, by placing them in accounts that they had arranged/ discussed, with Anderson Bros. Bank. Basically, they/he were advising residents to ignore, hold hostage the funds necessary to complete a project, and vote of a duly elected board.
This resident, and you, should be insulted, and concerned that we have a board member - let alone one that holds the chairs of Legal, and Compliance, who appears to demonstrate here that he is quite comfortable speaking out of both sides of his mouth, at the expense of sound judgment, and apparent trust that you won't remember, or don't care.
I thank the resident for bringing this situation to the board, who appear to sway and vote, without thinking, investigating our governing documents, and voting with their independent thought, in the best interests of the association. Why does he have all this power? It starts with our President, who has the authority to name committee chairs, and bleeds on through this entire board. You ought to be concerned, not just on this issue, but so many others.
Does the resident have a real issues? Probably! I've been writing about property maintenance - both built lots, and vacant, for several years. This association looks like our neighborhood is in decline. Can you hold your assessment payment if your board is failing to follow the governing documents? I'm not sure. I have thought at times, of taking it to Small Claims court. In some respects, our governing documents relating to appearance and maintenance, are a promise to the person buying property here - the reason we bought here, and pay assessments. Yet, I have documentation of just how far this board will let things slip, to the point of slip shod, trailer park appearance.
If the resident persists, could a battle go their way? They, and you, will have to judge for yourself. I would suggest that you follow the twisted real life, Wedgefield legal tale of the last standing canal lot owner, and the could appear corrupted results. Who was the Legal Chair who guided this mess? Garrison.
