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A direct quote from,
"HOMEOWNER SUITS AGAINST COMMUNITY ASSOCIATIONS" "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."
Our board needs some new "govern in the best interests of Wedgefield, under our governing documents" board members to bring good, open governance back to Wedgefield. The unscrupulous management of the dock saga partially related below, puts the picture of this ruthless board in focus. You can read the drama of the entire dock story by going to the bottom of the blog to January 2013 through about July, and each board meeting, is as ridiculous, and illegal as the transcription of the board's actions provided below. The committee at fault in this escapade is the water amenities committee. The supporting offenders ???? - every member of the board minus the one questioning board member, who at the time is also a member of the water amenities committee. What is the problem? Continuously, this board denies another board member to his right to information necessary to do his job legally, and ethically. Not only that, they make sure that he'll have even less information which will further uncover their illegal actions - the chair of this miserable committee throws him off the committee, at the end of the report in retaliation for asking questions! Where was our president, our legal chair, our board officers, and fellow committee members? Read and see, and it isn't anything but more work on a HIDDEN agenda.
We have three board seats open. Note Cline's reaction. Her seat is open, and she isn't running again. Good. She laughs - doesn't defend, and helps the others. Fill her seat with someone new, and not a ringer to help those that continue. Fill Ebert's seat the same way. McMillin's seat is the third seat. He sat on the water amenities committee then, and now. What did he do to stop the injustice then? NOTHING, he was working to help his crew, and not defend any of legality in this whole mess. Get him off the board.
HERE'S THE TRANSCRIPTION AND DETAIL FROM 2013:
Transcriptions from the tape of the June 2013 Board Meeting:
John Walton is the Water Amenities Chair. John Walton, "The old dock has been sold. The bill of sale was generated and a copy was given to the new owner. The dock is no longer a responsibility of the WPA. The funds received were deposited to the WPA. The new owner is prepared to remove it to it's new home. Many thanks to the (He names a resident. I have withheld the name to protect their privacy. The resident is a member of the Water Amenities Committee.) for its keep until it could be transported." John Walton now moves his report to a boat landing update. This portion is not transcribed but I will relate the information to the best of my ability. You should listen to the tape. He discusses a card reader that will use the cards we already have. A motion is made and passed to spend no more than $100.00 including shipping to purchase the card reader. He thanks Dave Hastings for his research into the product. During this portion questions and exchange of information flows freely as President Walton, Garrison, and DeMarchi have questions or provide comment. Keep this in mind as we move forward. Next, John Walton moves to a discussion of the landing road. Here there is exchange of information and ideas from McMillin and DeMarchi. Again, respect and information flows freely. Again, keep this in mind. We go back to transcription as McBride has a question.
McBride, "I have a question for John. How much did we get for the dock?". John Walton, "That's in the correspondence file." McBride, "How much.....?" John Walton, "It is in the correspondence file." McBride, "Well I just think we all ought to know....." John Walton, "Its in the correspondence file." Around this point and time McBride gets up to go to the correspondence file. He stops. I believe I heard someone question what the problem would be. I also watched it for myself at the meeting. Back to transcription. McBride, "Al, did you get any money for the dock?" DeMarchi, "I have not seen the money. I understand it has been received and deposited, but I have been busy with relatives and grandchildren." Does DeMarchi know? You be the judge. DeMarchi sat in a room with me, President Walton, and Garrison almost a week prior to this meeting and they told me the dock was sold. I did not ask how much, but I think they all knew. If they didn't know how much it sold for how could anyone have given John Walton approval to sell it for any amount, on behalf of the WPA? Who signed the bill of sale? Who is authorized to sign it? Think about it. Walton has the board approve up to $100.00 of expense. How would the members do anything but expect than that he secure permission and inform the entire board of the amount received for the sale of WPA property? Additionally, at this very meeting and many in the past, when DeMarchi doesn't have a figure he asks the staff person, Kathy to get it for him. Why not now? Back to transcription. McBride, "I think somebody here ought to know and be able to report to the board how much we got for that dock." Someone on the board asks, "Is it a problem?" Someone on the board says, "It's not a problem. It was $1,200." Barrier, "That's awesome. Great job!" There is a lot of laughter. McBride, "What are we going to do with it?" Cline laughs. McBride, "Now, I have another question. It is important. You, no longer own that dock. Its owned by someone else. Who is that? Is it someone near here?" President Walton, "The dock will be moved off of the WPA property and out of the canal as early as convenient. It will not be on or near the WPA." McBride, "The question that this person asked me, and I assured them at the time that I was right, was, what if this dock were to break loose for some reason and come across and crush their boat, would the WPA be responsible for that? I said yes we owned that property and we would be responsible for it, but now..." President Walton, "But not....belongs to someone else." McBride, "Its in our canal so what happens?" Barrier, "Not our canal. Its a canal." Cline laughs. More laughter. Cline, "Well let's not talk about that now." McBride, What happens if it breaks loose?" Cline, "Let's wait an see" She laughs again. Garrison, "That's between him and the new owner." Cline, "Hopefully, the new owner has insurance on his new property." Garrison, "I want to see it out of here as soon as possible,. When do we expect that?" President Walton, "The time frame is set for that is going to be as soon as possible, as soon as they get a chance to get it moved, they are." McBride, "Any expectation?" John Walton, "OK, before I end my report, JOHN MCBRIDE IS NO LONGER A COMMITTEE MEBER OF THE WATER AMENITIES COMMITTEE. End of report." President Walton, "Thank you John (Walton)."
