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Do you have information, or an opinion - agree, or not, you can email The Wedgefield Examiner at wedgefieldexaminerthe@yahoo.com. We'll remove your name to protect the innocent, and publish it. P.S. If you would like your name published, please note that on your email, otherwise we leave your name out.
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I'm not going to spend a lot of time re-documenting the facts of two residents - myself and another, who wrote the office to review files. The other resident writer wasn't answered by the board for three months. Finally, Board Secretary McMillin answered her and threw in a non existent policy requirement, and when he notified her of his non existent policy demand of coming to the office, and filling out a non existent for anyone else - form, he said she was ignorant of policy, and he wouldn't be answering her any further, until she met his demand of filling out the form. I wrote, and asked to review documents, and in jumps community liaison Anderson, requiring me to fill out the non existent McMillin form. In the meantime, an officer of the board gave the other resident permission to visit the office and review the files requested, and she had a very unpleasant confrontation with McMillin, and wrote the following to the board:
I entered the HOA office at approximately 10:00 a.m. I was informed by Michelle Blythe that she would have to contact Larry McMillan of my arrival. He was on the grounds planting flowers. Larry arrived and used the restroom to wash his hands. He retrieved the file I requested to review and ordered me to sit on the far side of the table while he sat in a chair across from me. Mr. McMillan spoke to me in an angry tone of voice, it was obvious he was either looking for a verbal altercation or to bully me into submission. His body language was combative as he leaned forward. The first thing he did was toss two pieces of paper across the table at me. One was a blank sheet of Wedgefield letter head and the other was a copy of a "Request to Review Documents" form that he claimed he didn't make up and has been procedure of "the past 7 years." Mr. McMillan assumes I accused him of making up this form and I don't believe he can produce documentation proving his allegation. " AND LATER: " I asked Larry if the letterhead and request form were my copies and his response was "Madeline has copies." I'm not sure what he was referencing in this statement. Larry took out a computer printout documenting dates of spoil site maintenance and the Maintenance Contract Amendment. In a defensive and blatantly rude manner, he informed me of what was contained in the written materials. I asked him if they were my copies and he referenced they were his property, something he generated. Larry then proceeded to go on and I interrupted to asked him if he planned to sit and watch me review the file. His response was, "I'm here to answer your questions." I informed Larry that I didn't request to have him answer my questions; I asked to review the spoil site file. Larry was angry at my statement and responded in a combative tone of voice, "Before you leave, I want to talk to you about your email." I informed Larry that I would not speak to him without either Bob Garrison or Jacky Walton being present." His response was defiant, "You want a public forum, I'll give you a public forum." Larry made it very clear to me that he would take up this topic of conversation during the May 2018 board, meeting, (using 5 minutes to speak)and it was very clear he planned to chastise me. As Larry stormed out of the office, he ordered the Secretary Michelle Blythe to "call me before she leaves."
Pretty sick meeting at the office for a member who followed all the REAL policy! I avoided such a confrontation with McMillin, and reviewed the Correspondence File at the office with an officer of the board present. The board officer reiterated for me that McMillin's NEW policy had never existed, nothing new had been reviewed by the board, motioned, had first, let alone second reading, and therefore had never been posted on the WPA website for resident comment, as required by the by-laws. I was also told that the board had met - unpublished meeting, and gave these facts to McMillin.
I reviewed the Correspondence File, and found the following, and it belies all board member understanding of their roles, as individual board members, acting in behalf of all of us while enforcing our governing documents, and good sound, legal governance. Look what our vice president/legal chair has to say behind the scenes:
ON APRIL 26, 2018 GARRISON (VICE PRESIDENT/LEGAL CHAIR) SENDS THE FOLLOWING TO THE OFFICE:
"no need to wait an additional five business days, this has dragged on too long already. I will be happy to show her the records she wants to review IF IT IS ALL RIGHT WITH LARRY." COMMENT FROM THE WEDGEFIELD EXAMINER: Really! Garrison, vice president/legal chair, knows there is no such policy, and McMillin has made it up, but he cowers and says "if it is all right with Larry"!
It gets worse. The paid office staff person who is supervised day in and day out by illegal McMillin, writes Garrison back: ON APRIL 26, 2018 SHE WRITES GARRISON: "Hi Bob, This is the latest email from (names the other resident writer). Her original request was Mon - Thurs. I will talk to Peggy (complicit board member) and Larry when they get in and then contact you." COMMENT FROM THE WEDGEFIELD EXAMINER: It appears with the information I have confirmed and provided, that there is NOT ONE BOARD MEMBER, on the current board who is willing to represent us according to our governing documents. It blows my mind that none of you are willing to jump in and begin to clean any of this mess up. As to the two board members that the paid staff will check with, I'm amazed at the number of calls that I have had about these two for more than 2 years, and the laughter from residents in the community who run into me, and others, and are making jokes about these two officers of the board, and their time at the office "open or closed". I've told you all that I'm not bringing forward what you won't. Handle it yourselves! If their actions are so well known, and laughable, take your issues up with someone else, and do something yourself!
In regard to the current made up policy, and so many other illegal - against our governing documents actions of this board, I'll remind the board of two things.
1) Each board member should remember the following:
"Directors must exercise reasonable diligence in following through and carrying out the responsibilities assumed by or assigned to them under the governing legal documents. Generally, directors must remain informed about the community association’s business at all times, be knowledgeable about the legal documents governing the affairs of the association, and attend and participate in the association meetings. Directors may be held responsible for obtaining and reading the minutes of those association meetings the director was unable to attend. Directors must also vote against actions taken or adopted by the Board of Directors that they are in disagreement with and record their disagreement in the meeting minutes. Failure to perform any of these duties in a reasonably diligent and prudent manner could expose the director to liability to homeowners for breach of fiduciary duty."
2) In regard to the current issue of made up policy regarding the review and copying of records, SC non profit law says this:
(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."
