RESIDENT MADELINE CLAVELOUX SENDS LETTER TO THE BOARD REGARDING UNANSWERED QUESTION REGARDING TREE CUTTING ON PRIVATE CANAL LOTS AT OUR EXPENSE, AND REQUEST FOR COPY OF THE WPA RESERVE STUDY, UNDER STATE LAW

EVEN THIS LITTLE GUY IS WONDERING WHY THE BOARD HASN'T ANSWERED MY QUESTION, IF WHAT THEY DID ABOUT THE TREE CUTTING ON PRIVATE CANAL LOTS, WAS LEGAL ACCORDING TO OUR GOVERNING DOCUMENTS, OR MORE OF THIS BOARD'S PRIVATE AGENDA!

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THE REASON FOR THE LETTER IS QUITE SELF EXPLANATORY.  THE LETTER, AND ATTACHMENT FOLLOW, AS SENT TO THE BOARD:

September 28, 2017

TO:                  WPA BOARD

FROM:            Madeline Y. Claveloux

RE:                  1) Request For Board Answer To Unanswered Question

                        Previously Submitted To The Board

                        2) Request For Copy of WPA Reserve Study, Under SC

                        State Law (Copy of Law Attached – Previously Sent To

                        Me By The Board)  Please see attachment to this letter.

CC:                  THE WEDGEFIELD EXAMINER

NOTE:  PLEASE DISTRIBUTE TO THE BOARD, PLACE A COPY IN THE CORRESPONDENCE FILE, AND RESPOND TO MY PRIVATE RESIDENT EMAIL ADDRESS mclaveloux@sc.rr.com.

 1) I wrote the board on August 26, 2017.  The subject of my letter “Two Questions Regarding Expenditure Of $7,950 For Removal Of Trees From Private Lots On The Canals”.  I received a response from Community Liaison Anderson that did not address one of my very specific questions.  Here is the question quoted from my letter: “If the board has not assessed the private canal lot owners, please reference the section, and specific language in the governing documents that allowed the board to use WPA funds, for the tree removal on private lots.”  Please go back to your own records for board member Anderson’s response.  Nowhere in his response, does he provide this 

critical answer.  He tells me that this was a unanimous vote by the board; therefore, he, or any member of the board should have been able to provide me with the information that I requested.  Please, answer this question now, as I’m sure the failure to do so was an oversight.  I can find no place in our governing documents that allowed you to vote yes, for that expenditure.  I researched the governing documents before I wrote, and again, after I received his response, and cannot find it.  In fact it appears that the board voted in violation of the governing documents.  I attended the September board meeting and heard a golf course lot owner with a tree that had fallen during Hurricane Matthew on a neighbor’s lot and blocked the speakers drainage ditch, and caused 7 feet of flooding during Tropical Storm Irma.  I listened to the board respond that the tree was the problem of the neighbor, and the board would notify the neighbor, and if they did not resolve the issue, the board would have it removed, and bill the neighbor.  I knew the exact section of the governing documents that allowed the board to speak to that resolution.  As asked in August, I’d like the board to quote “the section, and specific language in the    governing documents that allowed the board to use WPA funds, for the tree removal on private lots.” 

2)    I am requesting a copy of the WPA Reserve Study, under the SC State Law, as sent to me by the board.  Proper Purpose:  I attend almost all board meetings, and have before, and since The Reserve Study became a guidance tool to the board, particularly in the disbursement of our funds into reserves.  Several times over the years, I have heard the board saying that they are acting according to the Reserve Study.  I find such studies to be helpful to understand how, and why a board does things.  I view reading, understanding the contents, to being vital to my understanding of my community and where we are today, and in the future.    Please notify me as soon as convenient, when I can pick a copy up at the office.  I believe there should be no question of whether I receive it, or not, as I have met the requirements of State Law.

Thank you for your consideration and prompt answer.

HERE IS THE STATE LAW ATTACHMENT:

From: Alan DeMarchi [mailto:alanantd1@yahoo.com] Sent: Wednesday, June 05, 2013 7:37 AM To: Kathy Phelan; adam anderson; 'Bob Garrison'; 'Jacky & Judy Walton'; Janine Jill Cline; 'Jason Barrier'; 'John McBride'; John Walton; 'Larry McMillin' Subject: Re: REQUEST TO REVIEW RECORDS & A Question Please inform Ms. Claveloux of the following.  Since she wishes to follow all rules and regulations.  See highlighted items.  SC Title 33, Article 16 Code of Law. SECTION 33‑16‑102. Inspection of records by shareholders.      (a) A shareholder of a corporation is entitled to inspect and copy, during regular business hours at the corporation's principal office, any of the records of the corporation described in Section 33‑16‑101(e) if he gives the corporation written notice of his demand at least five business days before the date on which he wishes to inspect and copy.  Shareholders holding at least one percent of any class of shares are entitled to conduct an inspection of the tax returns described in Section 33‑16‑101(e)(8) under the same conditions.      (b) A shareholder of a corporation is entitled to inspect and copy, during regular business hours at a reasonable location specified by the corporation, any of the following records of the corporation if the shareholder meets the requirements of subsection (c) and gives the corporation written notice of his demand at least five business days before the date on which he wishes to inspect and copy:         (1) excerpts from minutes of any meeting of the board of directors, records of any action of a committee of the board of directors while acting in place of the board of directors on behalf of the corporation, minutes of any meeting of the shareholders, and records of action taken by the shareholders or board of directors without a meeting, to the extent not subject to inspection under Section 33‑16‑102(a);         (2) accounting records of the corporation;  and         (3) the record of shareholders.      (c) A shareholder may inspect and copy the records described in subsection (b) only if:         (1) his demand is made in good faith and for a proper purpose;         (2) he describes with reasonable particularity his purpose and the records he desires to inspect;  and         (3) the records are directly connected with his purpose.     (d) The right of inspection granted by this section may not be abolished or limited by a corporation's articles of incorporation or bylaws.      (e) This section does not affect:         (1) the right of a shareholder to inspect records under Section 33‑7‑200 or, if the shareholder is in litigation with the corporation, to the same extent as any other litigant;         (2) the power of a court, independently of Chapters 1 through 20 of this Title, to compel the production of corporate records for examination.  HISTORY:  Derived from 1976 Code Section 33‑11‑250 [1962 Code Section 12‑16.25;  1962 (52) 1996;  1981 Act No. 146, Section 2;  Repealed, 1988 Act No. 444, Section 2], and Section 33‑11‑260 [1962 Code Section 12‑16.26;  1962 (52) 1996;  1981 Act No. 146, Section 2;  Repealed, 1988 Act No. 444, Section 2];  1988 Act No. 444, Section 2.