If you have a comment regarding the following article, whether you agree, or not, or if you'd like to share a letter to the board, The Wedgefield Examiner will remove any identifying information, and share it on the blog. Email:
wedgefieldexaminerthe@yahoo.com
As promised, I have transcribed my interaction with the WPA board during the 2015 Annual Meeting, to the best of my ability. To verify the information for yourself, listen to the tape of the meeting by going to The Wedgefield Times. The interaction with the board starts at about 1:05:19 on the tape meter. If you move the indicator on the tape, you shouldn't have to listen to the whole tape. The Wedgefield Times is your only access to the tapes of the meeting for quite some time, as it appears your WPA had stopped publishing the tapes several months ago, possibly in an attempt to stop access to their words, so that you only have their sanitized minutes.
Before we begin, I'll advise you that the transcription is messy in construction. Often, word for word transcription doesn't leave complete sentences, and there are interruptions by other speakers, and they start where they start, and end where they ended. In all cases, I identify the speaker. The entire transcription is people speaking and their words, and mine at the time, and all will be typed in black. I will be adding comments in some places, that are not not words of transcription. They will be noted as COMMENTS, and typed in red.
TRANSCRIPTION BEGINS HERE:
Madeline Claveloux: I have questions in 3 areas. One is in the grounds report about grassy lots and the problems that were mentioned. Grassy lots for residents have been a problem for years. For awhile as resident, we were making payments towards those lots - mowing through our assessments, and had been an expressed over riding concern from the board table - expressed from our grounds chair -about what it costs the vacant lot owners to maintain them, and they really didn't get anything. This year we ended up with four mowings in a very lo;ng growing season. I would hope when the board gets ready to look at the contract again that that piece is looked at. When I reviewed the correspondence file, I myself, saw the letter about the lot that went to over 5 ft. tall. It would seem to me, that the residents who avail themselves of that service from the board would take it as an indication that the board approves - that's the kind of contract you all wrote - lots - property getting to that ridiculous lack of maintenance. So, this year around - important that we get things built in. The lot next to me was mowed once in a year, and somebody used - I call him the farmer - that tractor on Wedgefield Rd., and came joy riding one day, I don't know who was on the tractor.
COMMENT: Before we move on with the transcription, I have to provide another piece of information. My comments in this next area of transcription relate to the comments that the previous speaker at the meeting, the board treasurer's wife made. Go to the tape. I'm not going to transcribe it word for word for you. She said many things, but one thing didn't sound legal to me. In that area of her discussion as a member, she said that she was on an approved committee of one, later added she had found one more person to volunteer, that starting in January 2016, would be riding around on a golf cart looking at beautification, noting air conditioners, garbage cans, gas tanks that could be seen from the road, and illegal parking of trailers, cars, etc., providing the information to the board, and letters would be sent to the offending residents, by the board. So that is what caused my comments in my second area of concern. If you go to the 2015 published, unapproved, sanitized minutes, you'll note that while the minutes include everything else she said, the board decided not to include the comments, after you read the transcription regarding my talk with the board. We now go back to actual transcription.
Madeline: The second thing is in regard to the special committee. I attend most of the meetings, or listen to the tapes of the meetings - in regard to volunteers going around, I don't remember there being a vote by the board to approve such a committee. Board Member, Garrison says something I cannot hear. Madeline: You can't just whisper Bob, we have to hear you. Garrison: I don't either - alright, thank you. Madeline: It would seem - isn't that a job of ARC? Garrison: Or compliance -Madeline: or compliance. Garrison: I don't see - I remember there being a discussion about it. Madeline: I don't remember it being at the board table. Garrison: I don't remember there ever being a committee appointed at all. Madeline: If there is such a committee, I would like to to sit on it. Garrison: As you point out it would come out of ARC, or compliance.
Madeline: And the other thing is - I went to the office and I reviewed the two orders. I'm probably not talking your legal language in regard to the case of the individual - at least one - who refused to pay any of the assessments that was both the $175/yr that everyone had to pay, and the $5,000. In review of those orders signed as I find out later through - as I find out later by looking on the Internet, the same person a year and a half apart. First order said if I read it correctly that the individual had to pay both the $175/yr and the $5,000, and in fact backed up in language on the written - in that Individual assessment, and the regular assessment was legal. We get out a year and a half and there were two residents who hadn't paid. One pays after, according to what I read. A year and a half later the same individual referee - you call him judge writes an opinion that rules Individual assessment OUT. Will somebody explain why? Garrison: I CAN, I WOULD PREFER NOT TO DO IT FROM THE FLOOR. Madeline: But we've all .... and you know what 79 of us paid $5,000. Garrison: Well as far - I will tell you what happened - what we found out later on. As is typical the judge is looking at something - judges very rarely write the orders themselves. They will have the attorney from one side, or other - sometimes both sides, which would be two different - write the order for their signature, apparently there's been, and I hate this - is accusatory, and I hate to say it, but apparently - to the best of my knowledge - there was an order prepared by Moody, who was our attorney at the time that essentially said that the Individual assessment was rightful. That's the one you were referring to. Madeline: Yes. Garrison: And you had a signature on it that was supposedly was Mr. Beverly's who was - judge, who was adjudicating this. It was not his signature. Madeline: Who forged it? Garrison: I can't say that to a moral certainty, but it was not Beverly. Madeline: It was filed though, wasn't it? You know by seeing Georgetown County... Garrison: I don't believe that it ever was, but I'd have to check to be sure. Essentially what we found out later.....This was after Moody got suspended, we were dealing with Maring - and the judge in that - that order was never signed by Chip Beverly. Madeline: According to Chip Beverly? Garrison: According to Chip Beverly, who you can't ask now because Madeline: He's dead. Garrison: In any event both Maring (Discussion interrupted by board member, Cline's laughing.) Garrison: and Joe - tell us the same thing, so that was a proposed order that somebody scrawled and I can't say who - you've probably figured it out, that we were told given a copy of that - that this is done, but it wasn't done at all. It wasn't until October of 2014 - that second order that you're talking about - he ultimately signed, where he ruled that Individual assessment was not righteous, but that the party involved was still responsible for the $750 - $700 that they had never paid for years of regular assessment, and legal fees, late fees, and he held off on determining the exact amount of legal fees is what dragged on from October until the last month or so. When they finally adjusted that part. We received $5,822.50 of what was originally a $700 bill, so that encompassed this $700 of original amount that should have been paid 2010 - 2014 when $600....whatever it was, was in effect - $1,120 in late charges, on that $700 - 2010 - October 2014 when the judgement was issued. Also included in that money was 2014 assessment with and additional $40 late fees for Nov. & Dec 2014 and 2015 assessment with - I believe 10 months of late charges - Board member, DeMarchi (treasurer): not mistaken the $240 and after court order came out $80 in late fees. Garrison: Well which ever way you apply it - $2,800 and charge in legal fees. We collected it all back on it, which was less than we spent. Madeline: Thank you for explaining it to me, but would you verify for yourself whether that first order was filed, because I was flipping a lot of pages. Garrison: I'll check. Madeline: How do we reach the point in a significant case, or point in our history? The canals have been dredged, and last time it was about four years of lawsuits where one, we hire these kind of attorneys? Garrison: Well.. Madeline: because two guys were in the same firm. I'm not saying the second - whose last names both start with M, and I hate to put lawyers' names out there, but Moody was in the same office as Maring - and and when we get Maring with all this stuff going on - so how, and what kind of area do we live in that you can forge - if that's what happened - the name of - you call the equivalent of a judge, and I don't hear - read about it in the newspaper, and I DON'T HEAR ABOUT IT AT MY OWN BOARD TABLE - FROM MY OWN BOARD? Garrison: I don't know how it happened. I don't know for sure. I do know that is wasn't Chip Beverly. I can assume but I'm not going to. Madeline: We'd both be sued. Garrison: Can't do that. Fact of the matter was is that when the decision was made to go with Maring, once Moody was suspended - the decision was made by the board - I think mostly for continuity. Now, I will tell you this from what we were told - it theory - Maring was entirely taken by surpise by what happened with Moody - so he says - no way do I believe he was complicit in anything. I don't know. Madeline: I don't know if he was complicit - as in cooperating, but it just seems to me that in an office that I'm tied to in partnership with a full functioning brain, that I would have a feeling for what's going on, I'd have an unease... Garrison: I don't know lawyer review, or bar association, or what ever, I suppose to think about it - not so much for us - I can't tell you with any surety what Maring did or didn't know, or he assured us when we first went to see him after Moody got suspended, and I believe others were there - don't know if anybody else was there or not, but Maring told us that he had told us that he had got - that had absolutely nothing to do with our stuff - that I guess had money to do with...account that was in some fashion barrowed... Madeline: Like from my escrow account? Garrison: We had no way of knowing about that until they ended it - ultimately, we hired Maring initially because we were in the middle of a bunch of stuff - as it turned out very shortly there after - we weren't getting the kind of service - answers we wanted from him - right to the point where we changed attorneys. The day we made the change, he had a ton of our files - obviously because we were handling foreclosures....I went through a run around just to get the files. So we did. So we weren't satisfied with what he was doing. We got the right guy - this Crosby. He's done a good job. Madeline: I'm not sure he has done a a good job. This is at least the 4th attorney of record since 20.., when this case started with this person, and even with the choice of Crosby, I was at the meeting, and it came down to well - we couldn't take my attorney, Jacky's attorney - this attorney, and we'll take this --looks like you're having a problem with attorney section. Garrison: No, No. Madeline: Well one of them... Garrison: Madeline, look - alright - I can't answer as to what happened before I was here. Madeline: Well you've been at the table since about 2010, as a board member. Garrison: but at the time I came on the board Moran was the attorney. Madeline: Who was called a drunk by our president - fallen apart. Garrison: What's that got to do with me? Board member, Cline: Get to the present please I was there. Garrison: The choice - the recommendation, Madeline: No, I have a right to speak. Garrison: Absolutely. Cline: Yes, you do. Madeline: Thank you. Garrison: The decision the recommendation to hire Maring and Moody came from the legal chair at the time, which was not - it was somebody else that was no longer on this board. Madeline: He was to be a substitute. Garrison: No, he was primary - decision - recommendation was Maring and Moody. Board member/treasurer, DeMarchi: McNair - back up for things where their was a conflict - recommendation made by the legal chair at the time approved by the board. - Yeah, they turned out to be a lousey - I'll grant you that, and we fixed it. Madeline: And under Crosby, we had this thing with two opinions over... DeMarchi: Let me address that Bob - OK. When we get the first order. It was signed. I have never seen a file - like that signed - but the first order - that said assessment and the $5,000 were legal had a signature on it. I was thrilled to death - I was ready to parade down the neighorhood - and then found out that the signature on it was not Chip... OK. Now you question why you didn't know that... you know what if you gave me a document I couldn't tell Chip Beverly's signature from ours, or anybody else - it's scrawled on there like a chicken. So you can't hold this board responsible for a signature that we were unable to recognize. Madeline: It went on for a year and a half before it came to light. Garrison: No, it came to light before that because a question kept going up - right. I'm telling you as straight as I can. Remember, on of the questions was - why wasn't it filed. Don't think it was filed - because we - asking where the hell is the filed copy - then it turned out - well it wasn't signed by - Maring told us that. That was in Feb. 2014. DeMarchi: No, he was suspended but it was about two months later. That's when we found out - as it had turned out. Beverly had never made the damned decision. It took him until October 2014 to finally make a decision and then that was only at that point - it wasn't about how much was going to get paid - didn't come about until Oct. or Sept. 2015 - just before he crooked over. Madeline: Nice. Garrison: True. Madeline: Thank you.
COMMENTS: You'll note that I didn't interrupt the transcription with a lot of comments, I did my best to let it flow. However, I must tell you, that 1) if you listen to the tape, through all of this my voice never was raised. 2) after typing the transcription, I had a hard time while doing it, to keep from adding the facts that were swirling in my head at the very meeting I was talking to them. 3) after laboring - listening, and writing every word they told me that day, I spent another day going to the board's very minutes - the legal report for each month from June 2013 - the date of the annual meeting I spoke at - November 2015, in an effort to prove to them, and you, just how ridiculous they were, in what they said. This is important to our community. The silent agenda of our legal/compliance chair/vice president, and our board's complicity in allowing it to happen, should be evident. As Sargent Friday use to say on Dragnet, "just the facts mam", is what I have worked to provide for you. I've used their words, and "stories", in the transcription, and backed it up with the facts that tell you just how little they told us - the board's approved sanitized minutes. A few things to think about after reading the transcription of their words in November of 2015, and their facts hidden in the minutes, if reported at all (the case most of the time).
REMEMBER AS YOU READ THEIR SANITIZED MINUTES:
1) As to my timeline in the dicussion of 1 1/2 years, in the transcription, the first two, described as forged Beverly documents (you've seen then on the blog), were signed on 6/25/13. Those documents approved INDIVIDUAL assessment ($5,000 canal lot owners), and regular assessment as it related to every member @ $175/yr. - 5 years).
2) Garrison announces in July of 2013 that there is a verbal decision from Moody on these cases (2).
3) Garrison announces in October 2013, tat the documents are in and if you want to see them, you can. He DOES NOT TELL US WHAT THEY SAY. HEY, during the 2015 annual meeting, didn't DeMarchi tell us that he was so excited that he wanted to parade down Wedgefield Rd? Well, there was no parade noted in the October 2013 minutes, nor did he ask Garrison to shout to the roof tops, what those documents said!
4) The January 2014 minutes reveal that your board has collected on one of the two canal lot owners - one of those Beverly documents. Your board, and one fellow canal lot members paid, and relied on them!
5) Look at the term Garrison uses in these early months about the legal person - REFEREE, but later in the minutes he and DeMarchi now use and argue the term JUDGE & RULING - in 2015 & 2016.
6) February 2014, Garrison reports that the attorney - Moody has been suspended and the board votes to hire his partner - Maring. I attended the meeting that the board moves to hire Maring. Then, board member/McBride keeps telling the board that before they hire Maring, it is important to know what happened regarding Moody, and Garrison after going after McBride, say's I don't know, maybe their wives didn't get along." Listen to the tapes, because for sure it doesn't appear in their sanitized minutes!
7) Look at May 2014, the board tells us they have to make decisions regarding the canal properties but they don't tell us why.
There is more to look at, but quite frankly you should be able to see by now, in the transcription of the 2015 annual meeting tape, and the minutes provided below, that this has been nothing but a shell game. I still have a few questions for you. Why when all this was about the canals, and we had McMillin, John Walton, Adam Anderson, Keith Johnson (majority of the time), all canal lot owners on the board, let Garrison get away with this, and help him ignore the questions during his term - of John McBride (canal lot owner) who just appeared to want the truth about lawyers, referee settlements, and these four board members helped Garrison silence him. Why did DeMarchi, who helps Garrison cover this mess, states he wants a parade, and then as a board member does nothing to help us hear what is going on? Why does Cline try and shut me down in 2015, when all I want is the truth, and as board secretary for most of the time, she hides the truth from us, in the minutes, and laughs from the board table when I question in November 2015, and throughout most of the years recorded here. Here is your chance to review the minutes:
BOARD MINUTES - LEGAL RESPORTS - JUNE 2013 - NOV. 2015:
MINUTES - JUNE 2013
Legal: Bob Garrison stated a draft letter has been received by the attorney for the transfer of
property to the 5 canal owners. A motion was made by Bob Garrison to send this letter along
with recording these deeds to lots 073, 074, 076, 077 & 078; motion was seconded by Janine
Cline. Motion passed with 8 ayes, 1 nay by John McBride.
Bob reported that the status of the 9 recent foreclosures has been handed out to the board for review.
Bob reported regarding the $5,000 court case; a special referee has heard the cases and is getting an order to us by July 15th.
Bob asked Al how many properties are ready for liens for current years past due; Al responded that there are 18 available for liens at this time. Motion was made by Bob Garrison to proceed with placing liens on no more than 18 properties that are currently past due, 2nd by Al
Bob reported that the status of the 9 recent foreclosures has been handed out to the board for review.
Bob reported regarding the $5,000 court case; a special referee has heard the cases and is getting an order to us by July 15th.
Bob asked Al how many properties are ready for liens for current years past due; Al responded that there are 18 available for liens at this time. Motion was made by Bob Garrison to proceed with placing liens on no more than 18 properties that are currently past due, 2nd by Al
Page 2 of 6
DeMarchi. Motion passed with 9 ayes.
MINUTES - JULY 2013
MINUTES - JULY 2013
Legal: Bob Garrison reported that the Legal Committee will meet with Attorney Moody on
Monday August 22, 2013 @ 5:30. The Treasurer and the Legal Committee will attend.
Discussion will be concerning foreclosures.
Bob reported a number of ongoing miscellaneous items listed below:
Bob reported a number of ongoing miscellaneous items listed below:
-
At this time no update has been received concerning the $5,000 canal owner from the
Special Referee. This will be discussed at the meeting with the attorney. The attorney has
stated there is a verbal decision received from the referee concerning the $5,000.
Attorney Moody stated that this written item should be received by next week.
-
More are making payment arrangements since filing the foreclosures and placing liens.
-
Status on recording deeds with the correct WPA name- this will be discussed at meeting
with attorney.
-
The letters have been mailed to the 5 canal owners concerning transferring property that
belonged to WPA. No responses have been received.
-
Collections- The work of the treasurer and the attorney, collections have been
extraordinary.
MINUTES - AUGUST 2013
Legal: Bob Garrison reported foreclosures are proceeding on the current properties not paid to
date. The special referee court hearing still has not been paid yet. The attorney is going to
proceed with foreclosures.
Bob reported that the three submitted Bylaw proposals are currently under review by the Legal committee and will be forwarded to the attorney for review. He should have a report by the September meeting.
MINUTES - SEPT. 2013
Bob stated not that he was aware of.
MINUTES - OCT. 2013
Bob reported that the three submitted Bylaw proposals are currently under review by the Legal committee and will be forwarded to the attorney for review. He should have a report by the September meeting.
MINUTES - SEPT. 2013
Legal: Bob Garrison stated that there was not much new to report. Moody is still negotiating
payment plans on some of the foreclosures.
There has not been any report on the proposed bylaw changes as of this date.
John McBride questioned the status of the 5k canal money and if the attorney has any record of this yet.
Bob stated that no the attorney doesn’t not have the final paperwork yet.
John McBride asked if the foreclosures on these properties have been filed yet.
payment plans on some of the foreclosures.
There has not been any report on the proposed bylaw changes as of this date.
John McBride questioned the status of the 5k canal money and if the attorney has any record of this yet.
Bob stated that no the attorney doesn’t not have the final paperwork yet.
John McBride asked if the foreclosures on these properties have been filed yet.
MINUTES - OCT. 2013
-
Legal: Bob Garrison thanked his committee, Jacky Walton, Al DeMarchi & Bob Nichols, for
their hard work this year.
Bob reported that the canal front properties that were deeded back to the residents are being completed with final going to the attorney for recording. He also stated that a copy of the order from the Special Referee is in the office. This is regarding the 2 canal properties that have not paid the $5,000.
Bob reported that the 3 Bylaw changes submitted to the attorney have returned and only 2 will be
put on the ballot. The letter is filed in the office for review.
Bob reported that the majority of the legal issues this year was the number of foreclosures on
properties and the collection of past sue accounts that have accumulated over the years. He stated
that there were 27 foreclosures that were processed. He reported that due to the efforts of the
treasurer with legal’s assistance, a number of accounts have been collected in full or are in the
process of completing payment plans.
MINUTES - ANNUAL MEETING SHOULD BE POSTED AS THEY WERE APPROVED AT THE ANNUAL MEETING IN NOV. 2014. - no posting of these minutes as of SEPT. 2016
MINUTES - ANNUAL MEETING SHOULD BE POSTED AS THEY WERE APPROVED AT THE ANNUAL MEETING IN NOV. 2014. - no posting of these minutes as of SEPT. 2016
Legal: Bob Garrison reported that all the canal transfers have been completed and filed at the courthouse.
Bob made a motion, 2nd by John Walton to accept Jacky Walton, Al DeMarchi and Bob Nichols to serve on the Legal Committee for 2014. Motion passed with 9 ayes
Bob made a motion, 2nd by John Walton to accept Jacky Walton, Al DeMarchi and Bob Nichols to serve on the Legal Committee for 2014. Motion passed with 9 ayes
MINUTES - JAN. 21, 2014
Legal: Bob Garrison reported that the board will have to make a decision about attorney representation. Bob reported that Maring and Moody Law Firm no longer exist. It was dissolved on January 10th, 2014. Bob stated that there should be no reason to change just a new contract should be drawn up with him.
Mr. Moody sent a spreadsheet with updated status. There were more confessions of judgment signed.
The defendants in the canal judgment are still pending. Bob stated that one resident has decided to pay while the other wants to continue.
The new Bylaw from November has been recorded in the court house. The deeds are recorded for the property transfers of the 5 canal residents.
MINUTES - FEB. 18, 2014
The Board reviewed and signed a letter of engagement with Maring Law Firm to represent the WPA in all legal matters.
MINUTES - MARCH 2014
Mr. Moody sent a spreadsheet with updated status. There were more confessions of judgment signed.
The defendants in the canal judgment are still pending. Bob stated that one resident has decided to pay while the other wants to continue.
The new Bylaw from November has been recorded in the court house. The deeds are recorded for the property transfers of the 5 canal residents.
MINUTES - FEB. 18, 2014
Legal: Bob Garrison reported that a letter was received from Mr. Moody, the previous board attorney. It stated that he is under temporary suspension and that Mr. Robert Maring has all the WPA records and files.
MINUTES - MARCH 2014
Legal: Bob Garrison reported he met with the attorney along with Jacky Walton and Al DeMarchi on March 12, 2014 at Mr. Maring’s office. The discussion was concerning the
Page 2 of 5 pending litigations and the costs of pursuing foreclosures. Bob stated that the Board will need to
decide when to proceed with foreclosures. Do they want to spend $50 to get $1,200?
Bob reported on the Conflict of Interest statement that was signed by all the Board Members. He stated that they made a mistake according to the attorney’s opinion when it came to the Gate House Project. Bob stated that the contract has been withdrawn and that is the end of it.
MINUTES - APRIL 2014
Legal: Bob Garrison reported that the board will need to decide how proceed with the upcoming delinquents for this year. Bob stated there might be other options instead of the large legal expense for foreclosures. He advises the board think about what to do.
MINITES - MAY 2014
decide when to proceed with foreclosures. Do they want to spend $50 to get $1,200?
Bob reported on the Conflict of Interest statement that was signed by all the Board Members. He stated that they made a mistake according to the attorney’s opinion when it came to the Gate House Project. Bob stated that the contract has been withdrawn and that is the end of it.
MINUTES - APRIL 2014
Legal: Bob Garrison reported that the board will need to decide how proceed with the upcoming delinquents for this year. Bob stated there might be other options instead of the large legal expense for foreclosures. He advises the board think about what to do.
MINITES - MAY 2014
Legal: Bob Garrison reported the executive session that was held recently brings him to make a motion to continue litigation concerning outstanding canal properties. 2nd by John Walton, after discussion of putting a specific dollar amount the motion was amended to say “no more than $5,000” 2nd by Al DeMarchi, motion passed with 8 ayes.
MINUTES - JUNE 2014
In addition Bob also advised that his committee will draft a letter to the current attorney a response to his current invoice. There are unsubstantiated expenses that need to be clarified.
ADDITIONAL JUNE 2014 OPEN MEETING - JUNE 26, 2014
Motion passed with 7 ayes, 1 abstain by John McBride.
MINUTES - JULY 2014
after the liens placed
MINUTES - AUGUST 2014
MINUTES - JUNE 2014
Legal: Bob Garrison reported that our current attorney is not responding and after many attempts there still is no response. Bob suggested to the Board to start interviewing new attorneys.
Page 2 of 3 A motion was made by Bob Garrison to interview new attorneys. Motion was 2nd by Al
DeMarchi, motion passed with 7 ayes.
DeMarchi, motion passed with 7 ayes.
ADDITIONAL JUNE 2014 OPEN MEETING - JUNE 26, 2014
Legal: Bob GarrisonBob Garrison made a motion, 2nd by John Walton to hire Joe Crosby as the new Board attorney.Discussion:
John McBride asked that his statement be included in the minutes of this meeting. John McBride voiced his objection to the calling of the June 17th, 2014 WPA Board meeting. The procedure used to call the meeting violated Article 7, Section 7 of our By-Laws and that all business conducted during the gathering are null and void. This can be corrected by calling a repeat meeting using the By-Law correctly. By-Law and Covenants are not discretionary.
Janine Cline asked how the committee arrived at the decision to be represented by Mr. Crosby. Jacky Walton explained that he has had 8 years’ experience with the Condo Association and is well versed in HOA legal matters as well as Wedgefield.Motion passed with 7 ayes and 1 abstention by John McBride.
Bob Garrison made a motion, 2nd by John Walton to accept $3,500 as foreclosure settlement on past due assessments on John Waites Court.
John McBride asked that his statement be included in the minutes of this meeting. John McBride voiced his objection to the calling of the June 17th, 2014 WPA Board meeting. The procedure used to call the meeting violated Article 7, Section 7 of our By-Laws and that all business conducted during the gathering are null and void. This can be corrected by calling a repeat meeting using the By-Law correctly. By-Law and Covenants are not discretionary.
Janine Cline asked how the committee arrived at the decision to be represented by Mr. Crosby. Jacky Walton explained that he has had 8 years’ experience with the Condo Association and is well versed in HOA legal matters as well as Wedgefield.Motion passed with 7 ayes and 1 abstention by John McBride.
Bob Garrison made a motion, 2nd by John Walton to accept $3,500 as foreclosure settlement on past due assessments on John Waites Court.
MINUTES - JULY 2014
Legal: Bob Garrison reported that all files have been received from Mr. Maring office and taken to Joe Crosby’s office except for 1, which they stated they could not find. But they will continue to search for it.
Bob reported that Mr. Crosby has done an extremely large amount of work with the files in a short amount of time. Bob stated we should get a report on the filings soon.
Liens are being filed at this time. Additionally the Board should consider having the attorney send out a demand letter just for the 2014 past dues. The feedback received is to wait for 30 days
Bob reported that Mr. Crosby has done an extremely large amount of work with the files in a short amount of time. Bob stated we should get a report on the filings soon.
Liens are being filed at this time. Additionally the Board should consider having the attorney send out a demand letter just for the 2014 past dues. The feedback received is to wait for 30 days
MINUTES - AUGUST 2014
Legal: Bob reported that 57 Liens have been placed with 35 of them being new liens. 69 Liens have been released. 2 Summary judgments have been placed. Bob stated that these properties can be sold unless they are mortgaged.
Bob reported that the 1 proposed bylaw change is at the attorney’s for review.
Bob made a motion to have the attorney, Joe Crosby, meet with the board to answer any questions they made have. 2nd by Adam Anderson, motion passed with 6 ayes.
MINUTES - AUGUST 2014
Motion passed with 7 ayes, 1 nay by John McBride and 1 abstention by Larry McMillin.
MINUTES - OCTOBER 2014
by Keith Johnson. Motion passed with 8 ayes.
MINUTES - NOVEMBER 2014 - MINUTES - MINUTES FROM A OPEN NOV. MEETING DON'T RELATE TO LEGAL.
MINUTES - DECEMBER 2014
Bob reported that the clocked copy of the Bylaw change that was approved at the annual meeting is now in the office.
MINUTES - JANUARY 2015
Bob reported that the 1 proposed bylaw change is at the attorney’s for review.
Bob made a motion to have the attorney, Joe Crosby, meet with the board to answer any questions they made have. 2nd by Adam Anderson, motion passed with 6 ayes.
MINUTES - AUGUST 2014
Legal: Bob reported that a Legal meeting was held on Wednesday, September 10th at the WPA office. Present at that meeting was Bob Garrison, Jacky Walton, John McBride, John Walton, Adam Anderson, Larry McMillin and Al DeMarchi along with Joe Crosby, attorney for the WPA Board. The purpose of this meeting was to discuss the status of ongoing litigation and answer any questions the board may have.
A motion was made by Bob Garrison to pay McCabe, Trotter & Beverly for services rendered in relation to litigation in the amount of $1,787.50. 2nd by Al, motion passed with 8 ayes.
Bob reported that the 2 bylaw submissions were review by the attorney and they will be included on the ballot for the 2014 Annual Meeting. It was stated by Bob and Mr. Crosby written opinion that this no way endorses these changes.
A motion was made by Bob Garrison to accept the court order ruling of the special referee in the ongoing litigation with 2nd by Janine.
A motion was made by Bob Garrison to pay McCabe, Trotter & Beverly for services rendered in relation to litigation in the amount of $1,787.50. 2nd by Al, motion passed with 8 ayes.
Bob reported that the 2 bylaw submissions were review by the attorney and they will be included on the ballot for the 2014 Annual Meeting. It was stated by Bob and Mr. Crosby written opinion that this no way endorses these changes.
A motion was made by Bob Garrison to accept the court order ruling of the special referee in the ongoing litigation with 2nd by Janine.
Page 1 of 4
Discussion: Al asked Bob if he knows what the requested changes were. Bob answered not specifically. Bob stated he didn’t know what the other attorney was asking.
John McBride questioned the expenses for appealing this. Al stated that Mr. Crosby stated about $40,000 to $50,000 on a prior case similar to this. Adam added that Mr. Crosby stated at the Legal Meeting it would be 10 to 20 times more than what WPA has already spent. John McBride stated that there will be a lot of ramifications to a lot of people in this plantation. Jacky stated that Mr. Crosby stated at the Legal Meeting. John McBride stated that it was just his opinion and Mr. Beverly is just a referee. Al stated that Mr. Beverly has the full power of the court. John then stated that the Board is in a hurry to jump into this. John would like the Board to explain why they are in a hurry to do this. Bob stated that the judge wanted an answer and it’s been going on close to 4 years. Bob stated that it was also Mr. Maring opinion that appealing would be very costly and less likely to succeed. John stated that this would stop any individual assessment to go to dredging the canals or any other project. So instead of it costing $20,000 or $50,000 it would cost the canal owners millions of dollars. John also stated that Beverly is just an individual and our attorney who we tell what to say. John added that it is the board job to tell the attorney what they want and the attorney goes after it. Jacky stated that the Board has given Mr. Crosby the Bylaws Policy Manual to use as a guide in his decisions. John McBride stated he would like to get this out of magistrate and out of Georgetown County to somewhere else where it is an unbiased court.
Bob stated that if there is any undue influence asserted onto Mr. Crosby then you are wrong. Mr. Crosby is dealing with what the judge said. The judge said we can’t do that. He is not going to allow us to enforce it on this particular individual. Bob stated that this would protect as well. Bob stated he believes the WPA has fought this thing and taken it this far as it’s reasonable to go. He also stated that he does not see spending the property owners’ money to proceed when multiple attorneys have said we have no chance of winning.
John McBride brought up a case that was ordered by a judge that “no wrong doing” decision was made; he added that then a referee comes in to overturn it. He doesn’t think that can be done. Bob stated that case has been settled and is history.
John Walton stated that to remember this is a court of common pleas.
John McBride then asked if anyone on this board contributed to the Saparito’s case.
John McBride questioned the expenses for appealing this. Al stated that Mr. Crosby stated about $40,000 to $50,000 on a prior case similar to this. Adam added that Mr. Crosby stated at the Legal Meeting it would be 10 to 20 times more than what WPA has already spent. John McBride stated that there will be a lot of ramifications to a lot of people in this plantation. Jacky stated that Mr. Crosby stated at the Legal Meeting. John McBride stated that it was just his opinion and Mr. Beverly is just a referee. Al stated that Mr. Beverly has the full power of the court. John then stated that the Board is in a hurry to jump into this. John would like the Board to explain why they are in a hurry to do this. Bob stated that the judge wanted an answer and it’s been going on close to 4 years. Bob stated that it was also Mr. Maring opinion that appealing would be very costly and less likely to succeed. John stated that this would stop any individual assessment to go to dredging the canals or any other project. So instead of it costing $20,000 or $50,000 it would cost the canal owners millions of dollars. John also stated that Beverly is just an individual and our attorney who we tell what to say. John added that it is the board job to tell the attorney what they want and the attorney goes after it. Jacky stated that the Board has given Mr. Crosby the Bylaws Policy Manual to use as a guide in his decisions. John McBride stated he would like to get this out of magistrate and out of Georgetown County to somewhere else where it is an unbiased court.
Bob stated that if there is any undue influence asserted onto Mr. Crosby then you are wrong. Mr. Crosby is dealing with what the judge said. The judge said we can’t do that. He is not going to allow us to enforce it on this particular individual. Bob stated that this would protect as well. Bob stated he believes the WPA has fought this thing and taken it this far as it’s reasonable to go. He also stated that he does not see spending the property owners’ money to proceed when multiple attorneys have said we have no chance of winning.
John McBride brought up a case that was ordered by a judge that “no wrong doing” decision was made; he added that then a referee comes in to overturn it. He doesn’t think that can be done. Bob stated that case has been settled and is history.
John Walton stated that to remember this is a court of common pleas.
John McBride then asked if anyone on this board contributed to the Saparito’s case.
MINUTES - OCTOBER 2014
Legal: Bob reported that foreclosures are proceeding slowly. No court dates have been set. Litigation has not been finalized yet.
Bob made a motion to start foreclosure proceedings. This was 2nd by Al DeMarchi.
Bob amended his motion to proceed with foreclosures and to spend up to $9,000 on 6 Lots. 2nd
Bob made a motion to start foreclosure proceedings. This was 2nd by Al DeMarchi.
Bob amended his motion to proceed with foreclosures and to spend up to $9,000 on 6 Lots. 2nd
Page 1 of 4
MINUTES - NOVEMBER 2014 - MINUTES - MINUTES FROM A OPEN NOV. MEETING DON'T RELATE TO LEGAL.
MINUTES - DECEMBER 2014
Legal: Bob reported that of the six foreclosure approvals requested and approved in October, four homes have paid in full and been resolved. A fifth has now been foreclosed by the mortgage holder and there is no point in a separate action at this time. The sixth is proceeding.
Bob reported that legal received notice of two bank foreclosures this month, one on the aforementioned property and another that is paid for 2014, so no action need be taken at this time.
The canal suit is as for now still incomplete and awaiting on order for the judge regarding monetary award to the WPA.
Bob made a motion, 2nd by Janine Cline to accept Jacky Walton to the legal committee. After no discussion motion passed with 7 ayes.
Bob reported that legal received notice of two bank foreclosures this month, one on the aforementioned property and another that is paid for 2014, so no action need be taken at this time.
The canal suit is as for now still incomplete and awaiting on order for the judge regarding monetary award to the WPA.
Bob made a motion, 2nd by Janine Cline to accept Jacky Walton to the legal committee. After no discussion motion passed with 7 ayes.
MINUTES - JANUARY 2015
Legal: Bob reported is continuing to focus on collection of delinquent accounts. Bob stated that no less than 5 judgments have been granted in the last several months granting the WPA to sell properties to collect past due assessments, Bob added that it is the boards hope that these delinquent assessments will now be paid as it is realized that the WPA is serious about collecting past sue amounts and encouraging members to pay all assessments on time and avoid late charges and legal fees.
Bob reported that 3 of the 5 judgments filed are now paid in full.
MINUTES - FEBRUARY 2015
Bob reported that 3 of the 5 judgments filed are now paid in full.
MINUTES - FEBRUARY 2015
Legal: Bob reported the Legal Committee met with the attorney on February 11, 2015 to discuss delinquency issues and obtain updates on the progress of delinquent accounts. As a result, 3 attorney letters were discussed and the attorney was instructed to also contact 2 property owners by phone.
Bob also reported that there is 1 property is to be placed in foreclosure. A motion was made by Bob Garrison, 2nd by John Walton to spend up to $1,500 for the attorney to start foreclosure proceedings on Lot 217, motion passed with 8 ayes.
Bob also reported that there is 1 property is to be placed in foreclosure. A motion was made by Bob Garrison, 2nd by John Walton to spend up to $1,500 for the attorney to start foreclosure proceedings on Lot 217, motion passed with 8 ayes.
Page 1 of 4
A motion was made by Bob Garrison, 2nd by John Walton to spend up to $450 to send 3 delinquent send letters. Motion passed with 8 ayes.
MINUTES - MARCH 2015
Bob stated that there is no report on foreclosures at this time. This is always an ongoing battle. Jacky thanked Treasurer and Legal Committee’s for their hard work in getting delinquents paid.
MINUTES - APRIL 2015
MINUTES - MARCH 2015
Legal: Bob reported that with the approved letter to be sent to delinquent accounts 1 has paid in full, so there has been action on this.
MINUTES - APRIL 2015
Legal: Bob reported that the WPA will be selling two properties for delinquent assessments on June 1, 2015. Sales will take place at 12:00 noon at the Georgetown County Court house, as advertised in the Georgetown Times.
This should serve as a clear indication that the WPA is serious about the collection of assessments and that the WPA board is making every effort possible to enforce collection of these debts from non-compliant members.
Members who are past due on assessments are advised to make every effort to contact the WPA and attempt to make payment arrangements to avoid this type of legal action and loss of property.
To those of you, (the vast majority of members) who meet their obligations to the WPA in a timely manner, we thank you for your continued support and appreciate your compliance to the rules and regulations of the WPA.
MINUTES - MAY 2015
A motion was made by Bob and 2nd by Al to spend up to $1,000 to get the attorney opinion on applying liens on items other than assessments and in addition investigating changing the covenants. Motion passed with 5 ayes.
MINUTES - JUNE 2015
Bob reported that he believes virtually all property owners can agree on is that the covenants, or at least portions of them, are antiquated, were written for a different time and place and to some extent no longer serve us well as Wedgefield has evolved from being largely owned by a developer to a community now owned and managed by its residents. Finding a way to allow residents to reasonably dictate the rules under which they choose to operate is crucial to the continued development of Wedgefield. The first step in accomplishing this lies in eliminating the 100% requirement. The attorney advises that the cost involved in obtaining such relief would likely be in the neighborhood of $4000 overall. Assuming that the board will concur, placing a change proposal on the ballot will be a start to solving this long standing impediment to our progress as a viable and efficient organization.
MINUTES - SEPTEMBER 2015
MINUTES - OCTOBER 2015
This should serve as a clear indication that the WPA is serious about the collection of assessments and that the WPA board is making every effort possible to enforce collection of these debts from non-compliant members.
Members who are past due on assessments are advised to make every effort to contact the WPA and attempt to make payment arrangements to avoid this type of legal action and loss of property.
To those of you, (the vast majority of members) who meet their obligations to the WPA in a timely manner, we thank you for your continued support and appreciate your compliance to the rules and regulations of the WPA.
MINUTES - MAY 2015
Legal: Bob reported that legal issues are continually being pursued with nothing new to report.
Legal: Bob reported that 2 properties that the WPA foreclosed on were put up for sale on June 1, 2015. These have now become WPA properties as no one purchased them. Bob will be asking the Board for approval to market these properties for sale. Anyone interested in purchasing these properties please contact the office for more information.
At the May meeting, permission was granted by the board to explore two items with the board attorney. One of those had to do with our ability to place liens on monies owed to the WPA. The other item revolved around possibly finding a way to modify certain portions of the covenants, specifically the requirement of a 100% vote of all property owners to implement change. The attorney has advised that he believes this is indeed possible, but not necessarily quick or simple. To accomplish this, a declaratory judgment would have to be issued by a judge disallowing this requirement as being impossible to achieve and therefore unreasonable. Evidence must be provided to support the impracticality of this rule. He asked the board to approve the idea of placing a covenant change proposal to be placed on this year’s ballot. This proposal will outline the direction in which the change should occur, and help to create the evidence needed to support a declaratory judgment.
At the May meeting, permission was granted by the board to explore two items with the board attorney. One of those had to do with our ability to place liens on monies owed to the WPA. The other item revolved around possibly finding a way to modify certain portions of the covenants, specifically the requirement of a 100% vote of all property owners to implement change. The attorney has advised that he believes this is indeed possible, but not necessarily quick or simple. To accomplish this, a declaratory judgment would have to be issued by a judge disallowing this requirement as being impossible to achieve and therefore unreasonable. Evidence must be provided to support the impracticality of this rule. He asked the board to approve the idea of placing a covenant change proposal to be placed on this year’s ballot. This proposal will outline the direction in which the change should occur, and help to create the evidence needed to support a declaratory judgment.
MINUTES - JULY 2015
Legal: Bob reported that the lots acquired by the WPA by sale on the courthouse steps is still in process, as we are waiting for the judge to complete the transfer of deeds for these properties.
In the matter of the extended and seemingly never ending litigation regarding the owner of the canal property, we still await the judge’s signed order regarding the award for legal fees. Until this happens, final resolution of this remains incomplete.
One of the properties in bank foreclosure is now scheduled for sale in September. Although it is unlikely that we will realize any immediate monetary recovery, at least the current owner will be removed from the property and eventually, assuming that the bank takes control of the property and successfully sells it, a new owner will at some time be in place.
The board attorney is in contact with the bank on another foreclosed property and the process is ongoing.
The foreclosure on another property we initiated several months age continues in process.
MINUTES - AUGUST 2015
Legal: Bob reported that 2 Bylaw changes and 1 Covenant change submitted for the ballot at this year’s Annual Meeting. He stated that these have been forwarded to the Board Attorney for review and consideration not in terms of him advising if they are good ideas or not but whether they conflict with or variance with any existing things where they would not be able to be enforced. Bob then read these proposals:
1. Article VIII, OFFICERS, Section 5, be changed from
"The Treasurer shall have custody of all property of the Association including funds, securities and evidence of indebtedness. He/she shall keep the books of the Association in accordance with good accounting practices and shall perform other duties incident to the office of Treasurer as may be required by the Board."
to
"The Treasurer shall have custody of all property of the Association including funds, securities and evidence of indebtedness. He/she shall along with the Board contract the services of a Certified Public Accountant to keep the books of the Association in accordance with good accounting practices and shall perform other duties incident to the Office of Treasurer as may be required by the Board."
2. Addition- No WPA controlled funds may be used to pay for any type of maintenance or construction to the state owned canals located at Wedgefield without a majority vote by the entire WPA membership.
3. Covenant #26 Change-
IT IS UNDERSTOOD AND AGREED that the conditions, restrictions and limitations are made solely for the benefit of the grantor and grantee herein, and may be changed at any time by mutual consent in writing of the parties hereto, their heirs, successors and assigns.
Change to the following:
IT IS UNDERSTOOD AND AGREED that the conditions, restrictions and limitations are made solely for the benefit of the grantor and grantee herein, and may be changed by a 60% vote of eligible voters (total of all members in good standing) at an annual meeting at which a quorum is present. Voting may be done in person, by proxy, or by mail-in ballot.
Legal: Bob reported that no answer has been received yet on the proposed Bylaw changes to the ballot. He stated that he should have it shortly.
Water Amenities: No Report
Legal: Bob Garrison reported the litigation has been settled, waiting on the transfer of deed from the two homes that are foreclosed on.
MINUTES - ANNUAL MEETING 2015 ??????
Legal Report – Bob Garrison reported the following proceeding regarding legal delinquent accounts:
· 1 foreclosure instituted by WPA (2 years DLQ)
· Several bank foreclosures to deal with
· 2 lots being prepared for sale from successful foreclosures
· Several (approx.. 6 properties that will be due for foreclosure when they become 2 years past due at end of February
No other pending litigations
Have successfully completed a number of previously DLQ accounts.
DLQ at historic low
I Appreciate the cooperation of the vast majority of property owners who pay assessments in timely manner and reduce the time and expense of collection of DLQ accounts. With no increase in assessments for 2016, expect to see this trend of reduced DLQ to continue.
