PLEASE NOTE: THE PROGRAM FOR THE BLOG IS EXPERIENCING SOME PROBLEMS. YOU'LL NOTE THAT THERE ARE BREAKS IN THE PRINTING THAT SHOULDN'T BE. SORRY FOR THE INCONVENIENCE, BUT THE CONTENT IS THERE.
Dear Mrs. Claveloux,
I will address these in the order that they are written in your letter.
1. Resolution is not final, as the court order regarding reimbursement of legal
fees has not been signed by the judge and is still being litigated. There is,
however, a court order regarding the use of individual assessments and is on
file in the office and available for review.
2. You are always welcome to review the correspondence file. There have been no
written complaints about the speed bump issue. All questions, concerns,
complaints etc. are supposed to be in writing and delivered to the office either
in person, by mail, or email.
3. I will refer this question to Al DeMarchi, the board treasurer.
4. To the best of my knowledge, there has been no replacement of any sheetrock
or wood in the gatehouse. The ceiling and bathroom sheetrock is still in place.
Removal of the sheetrock was done by Larry McMillin and Bob Garrison at no cost
to the board. Removal of debris was done by Larry McMillin. So far as I know,
floor covering is still in place.
5. A written opinion is on file regarding liens on amounts due and is available
for review in the office. As to covenants, there is no written opinion, only,
as stated by the attorney, a belief on his part that such a change may be
possible thru the obtaining of a declaratory judgment. It was, as stated,
recommended that a change proposal be placed on the ballot to help in creating
evidence that the present covenant requiring 100% vote is unreasonable.
Thank you for your interest and concern in Wedgefield Plantation,
Adam Anderson
Community Liaison
Wedgefield Plantation Association
1956 Wedgefield Road
Georgetown, SC 29440
HERE IS MY LETTER TO THE BOARD (COMMENTS ARE PROVIDED AT THE END OF MY LETTER, IN RED.)
DATE: June 18, 2015
TO: WPA Board
FROM: Madeline Y. Claveloux
RE: QUESTIONS, AND REQUEST TO REVIEW & COPY
DOCUMENTS, ACCORDING TO ATTACHED STATE
LAW, AS PROVIDED TO ME BY BOARD MEMBER
DE MARCHI
1) Has there been a final resolution of the lawsuit regarding the canal owner, who refused to pay his/her dredging assessment? If so, I would like to review and copy the final court order. If not, please update me, regarding the progress of this lawsuit. REASON FOR REQUEST OF REVIEW OF DOCUMENTS, AND COPIES, IF IT IS RESOLVED: I, like the rest of the canal lot owners, paid my assessment. If one doesn’t have to pay, I would like to see what the final court papers say, regarding the one who didn’t have to pay. Additionally, our board took a vote on its resolution early last fall, and has failed month, after month, to report on it. Additionally, there has been a precedent set, of posting final court orders on the WPA website, and others.
2) I would like the opportunity to review the Correspondence File, from January 1, through June 2015. I am not requesting copies. REASON FOR THE REQUEST:
It appears that the residents are getting mixed messages from the board table, regarding resident requests, and complaints. For instance, in regard to the speed bumps, Board Member Garrison said that there hadn’t been any complaints. Board Member McMillin said there had been a lot of them. Board Member DeMarchi spoke about a number of drainage issues brought to his attention, by resident calls to his home. What is the proper procedure to bring concerns and questions to the board? Do all residents have the privilege of calling board members at home?
3) During the May WPA Board Meeting, a board member mentioned that the bookkeeper/ accountant had left, and wanted to know if she would be replaced. When did this contractor, or employee leave? What was the date? What was the reason that this person left? Treasurer DeMarchi, did not report on the date this individual left, plans to replace her, candidates, or anticipated expense to the accounting function. Please provide that information.
4) As residents, we have had little, to nothing, in updates on the state of the almost 2 year, gatehouse fix. Have the windows, purchased almost 2 years ago, been installed? Who removed the dry wall and floor coverings? Who treated, or remediated the molds? Where were the moldy wood and dry wall debris taken for disposal? How were they prepared for disposal? Who transported the debris for disposal?
It appears, looking in the windows, that some dry wall and wood have been replaced. Who replaced it? How much did the supplies for mold remediation, and damage to dry wall and wood cost?
I have reviewed the most recent bids for the gatehouse. One licensed, insured contractor said the following, “"Removal of dry wall and floor coverings. (This will be done by a mold remediation company due to the severity of MOLDS that are growing so this will take care of Gate House Proposal # 1-2 as well." He ends with, "This is a good faith estimate for work described in the bid proposal as well as extras. highly advise to be done." He goes on in another area to say, "Anything with a asterisk is highly advised extras to prevent this problem from happening in the future. Due to the fact the building was built with no extra plywood an water barrier there are no guarantees the elastic membrane and vapor barrier are highly recommended to take the place of the plywood an water barrier to prevent water coming in that penetrates the brick." As a resident, I am very concerned about what is happening with this project, particularly because our board, for whatever reason, has failed to report on it.
5) During the June WPA Board Meeting, Legal Chair Garrison reported that he had received two written legal opinions. One regarded liens on fees, and the other concerned avenues to change the covenants, through means other than the 100% vote. Garrison seemed to do a good job providing a thumbnail sketch of the opinions. He also stated that they are available at the office for review. I would like review, and copies. REASON FOR THE REQUEST: These are complicated, and important opinions, if acted upon, could concern every resident. I would like the copies, to review, and consider them, over time, in my home.
I would like to schedule an appointment, under the rules provided by Board Member DeMarchi (State Law), for June 30, 2015 at 11:00.
Board Member Anderson, I have appreciated your prompt responses to my letters. You should know, no fault of yours, or Kathy, that more often than not, when you have advised me that records are available for my review, that they are not. Board Member Garrison was present on one of those days, and should have witnessed first hand, that staff had to make calls to board members, and I never got to review all of the requested documents. My time is as valuable as anyone else’s. I’m trying to follow the rules, and the law available to me, and I’d appreciate the board treating my requests, as though I am a resident in good standing, who is entitled to this information.
A copy of the state law sent to me by board member DeMarchi, follows.
Kathy Phelan
Office Secretary
Wedgefield Plantation Association
1956 Wedgefield Road
Georgetown, SC 29440
843-546-2718
843-546-4027
Email: wedgeassoc.com@frontier.com
Website: www.wedgefield-plantation.com
IMPORTANT NOTICE:
This email is confidential, may be legally privileged, and is for the intended recipient only. Access, disclosure, copying, distribution, or reliance on any of it by anyone else is prohibited and may be a criminal of offence. Please delete if obtained in error and email confirmation to the sender.
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.
COMMENTS:
First, I respect Board Member, Anderson's attempt at a respectful, prompt answer. However, many of the critical questions, are not answered. I will write directly to McMillin, Garrison as Legal Chair, and DeMarchi, as they hold the keys to the rest of the answers.
GARRISON, LEGAL CHAIR:
I want an answer to the question as to whether I will be provided a copy
of the order regarding individual assessment. I have requested a copy according to the state law (see
above) provided to me in writing by Board Member
DeMarchi, that was copied to every board member (They
are all aware.) I don't want to put the office staff member in the middle when I make my request in person, at the office. If I am to be denied the request, I
want the rationale, and the law Garrison would deny it
under, in writing. This is important, the board
appears to be the grand mixer of law, to accommodate
doing what they want, under their particular wishes,
without allowing everyone to benefit, according to the
law. They are about to make the covenants, their next legal play ground.
MC MILLIN AND THE GATE HOUSE PROJECT:
I believe that McMillin has seriously caused
environmental hazards. As I made contact over the last few months, it has been suggested that I ask the
board directly, and in writing, how this portion of
the project was handled. I believe Anderson answered to the best of his ability, but my specific questions went unanswered. I'll write directly to McMillin.
Sometimes, no answer, is an indication of
inappropriate action. Usually, McMillin, is reporting and bragging on every move he, and his volunteers
make. Why not now?
TREASURER, DEMARCHI
I will ask him the same questions I posted in my
letter to the board. This is important. We really
don't have a financial "expert" on the board. We
don't have, haven't had, proper oversight, on an on-
going basis, as to what is being reported on our
money. DeMarchi, failed to report that the very
person he had hired. This is just one more action of
this "no report", board. Recently, a resident wrote
the board about errors. He/she, received an answer
acknowledging errors. Yet, the response to the
resident was not copied to the entire board, or
reported on by the Community Liaison, at the following,
meeting, as correspondence received from a resident.
WHY?
HERE IS THE RESPONSE TO THE RESIDENT. NOTE, WHO WAS, OR WASN'T COPIED ON THE BOARD.
Sent: Tuesday, April 28, 2015 8:21 AM
Subject: RE: 2015 Financial statement errors
Dear ,
Our staff office manager has gone through and re-categorized the financial statements to reflect the errors you pointed out in your letter. Thank you for your concern and interest in Wedgefield Plantation.
Adam Anderson
Wedgefield Plantation Association
1956 Wedgefield Road
Georgetown, SC 29440
843-546-2718
843-546-4027
Website: www.wedgefield-plantation.com
