RESIDENT, MADELINE CLAVELOUX WRITES THE BOARD

June 18, 2017

TO:                WPA BOARD

FROM:          Madeline Y. Claveloux

RE:                 REVIEW OF RECORDS REQUEST UNDER SC STATE LAW -

                        COPY ATTACHED

CC:                 THE WEDGEFIELD EXAMINER, AND INTERESTED

                        UNDISCLOSED MEMBERS

ATTACHMENT – SC STATE NON PROFIT LAW

Please place a copy in the correspondence file, and distribute to all board members.

I’m writing to request approval for a scheduled visit to the office on June 27^th at 10:30AM, to review the following records, all related to the contract to remove fallen trees on lots in the canal area:

*request for proposal and related statement of work

*all vendor responses/quotes

*the contract

*all invoices related to the contract

*all payments related to the contract

I am also requesting review of the correspondence file from September 1, 2016 to June 27^th 2017.

I am calling for the review under the guidance of the attached state law, previously sent to me by the board, that requires that I provide – “(1) the member's demand is made in good faith and for a proper purpose”.  The law further states that I am entitled to copies, which I am not requesting at this time.  MY REQUEST IS MADE IN GOOD FAITH AND PROPER PURPOSE, and substantiated in this manner.  I have reviewed the WPA minutes from the time of Hurricane Matthew in the fall of 2016, to current date regarding the board’s direction to all lot owners as to their responsibility of clean up of their property after the storm, and the requirement to get storm related debris to the roadside, for removal at the association’s expense, the by-laws, and policy manual, etc.  It could appear that the board has violated our governing documents in regard to resident responsibility to pay for the removal of trees due to storm damage on private canal lots, with association assessment dollars.  Perhaps, review of these contract papers will remove that concern.   My concern is made in good faith when you consider the following quote from the March WPA Minutes –“We received two bids to remove trees from canals; JC’s Landscaping of $7,950 and Thomas Bone Construction of $14,600. John made a Motion to Approve $7,950 to JC’s Landscaping for tree removal from canals with homeowner’s permission, Bob seconded and motion carried.”  Funds appear to have been transferred to storm damage to cover the expense. 
As to review of the correspondence file.  I personally wrote the board regarding ideas for the adhoc golf course survey committee, and was invited to consider sitting on the committee, and responded that I would be happy to be considered and asked the board to advise me how to proceed.  I never received an answer, and with no discussion from the board table the work of the committee appeared to change.  I’ve had problems with the board making claims in the past, that my correspondence was not received.
I will appreciate a timely response.

   

 THE FOLLOWING SC STATE LAW WAS ATTACHED.  IT HAD PREVIOUSLY BEEN SENT TO ME BY THE BOARD.

SECTION 33-31-1602. Inspection of records by members.

(a) Subject to subsection (e) and Section 33-31-1603(c), a member is entitled to inspect and copy, at a reasonable time and location specified by the corporation, any of the records of the corporation described in Section 33-31-1601(e) if the member gives the corporation written notice or a written demand at least five business days before the date on which the member wishes to inspect and copy.

(b) Subject to subsection (e), a member is entitled to inspect and copy, at a reasonable time and reasonable location specified by the corporation, any of the following records of the corporation if the member meets the requirements of subsection (c) and gives the corporation written notice at least five business days before the date on which the member wishes to inspect and copy:

(1) excerpts from any records required to be maintained under Section 33-31-1601(a), to the extent not subject to inspection under Section 33-31-1602(a);

(2) accounting records of the corporation; and

(3) subject to Section 33-31-1605, the membership list.

(c) A member may inspect and copy the records identified in subsection (b) only if:

(1) the member's demand is made in good faith and for a proper purpose;

(2) the member describes with reasonable particularity the purpose and the records the member desires to inspect; and

(3) the records are directly connected with this purpose.

(d) This section does not affect:

(1) the right of a member to inspect records under Section 33-31-720 or, if the member is in litigation with the corporation, to the same extent as any other litigant; or

(2) the power of a court, independently of this chapter, to compel the production of corporate records for examination.

(e) The articles or bylaws of a religious corporation may limit or abolish the right of a member under this section to inspect and copy any corporate record.

HISTORY: 1994 Act No. 384, Section 1.

SECTION 33-31-1603. Scope of inspection rights.

(a) A member's agent or attorney has the same inspection and copying rights as the member the agent or attorney represents.

(b) The right to copy records under Section 33-31-1602 includes, if reasonable, the right to receive copies made by photographic, xerographic, or other means.

(c) The corporation may impose a reasonable charge, covering the costs of labor and material, for copies of any documents provided to the member. The charge may not exceed the estimated cost of production or reproduction of the records.

(d) The corporation may comply with a member's demand to inspect the record of members under Section 33-31-1602(b)(3) by providing the member with a list of its members that was complied no earlier than the date of the member's demand.

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