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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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NOTE: THIS ARTICLE WILL HAVE TO BE POSTED IN TWO PARTS. I'LL JUST NOTE PART II ON THE HEADLINE AND CONTINUE ADDING WHEN IT IS READY BECAUSE SOON WE WILL HEAR THAT THE SPOIL SITE IS DAMAGED WITHOUT COMMENT OF HOW? IT IS GOING TO COST MORE. HERE IS PART I OF THE ARTICLE.
There shouldn't be any thing that is private, or hidden from Wedgefield residents, regarding any part of our governance by our board. Our governing documents call out for open meetings, open dialogue - full disclosure of fact - dissemination
We can't start at the beginning, but we can begin to track fact, or lack of, with the canal lot owners private meeting with most on this board on August 11, 2016. Those board members are Garrison, Jacky Walton, John Walton, Johnson, Anderson, and McMillin, and add the volunteers on the Water Amenities Committee. I will remind you that this should have been a meeting open to every member, and we were refused access. We won't spend time on the commitment without a motion, discussion, or a vote at a WPA board meeting, of up to $135,000 of all of our assessment dollars. That is another story, and we will cover it later. It is too twisted to include in this posting. Do keep in mind that the spoil site is critical to dredging, and the WPA does own it. I have all of the handouts that were distributed during that meeting, and have interviewed some who have attended, and the fact that the spoil site, long before we are told, was neglected and overgrown. Attendees were informed of what would need to be collected from them in order to move forward. So our first lie of omission, and intentional withholding of the fact of neglect, and responsibility - the entire board, starts there. What committee and chair is responsible for maintenance of the spoil site? McMillin! The twice yearly maintenance of the spoil site resides in the grounds contract. What you are told is that this board has dedicated itself to doing this dredging right, unlike all those who went before them in the two prior dredgings. It is the only way.
To proceed with the rest of the documentation I went to the WPA sanitized by this board, monthly meeting minutes, sometimes up on the website, at times hidden on a secret link, and at other times, shut out completely. They are so brief, left without relevant detail, that I went back to the blog, to see what I was reporting at the time. Like the blog, or not, I do attend the meetings, and report what occurred at each meeting, and the board members' words. I have to be responsible in such publishing, or I could be sued. If you are in doubt, ask your board if you can listen to the meeting tapes that were always published on the WPA website, but no longer. They have removed the tapes from the website, like so many other things. So we go month by month, meeting minutes, and the blog meeting reports, to follow the tangled tail of the spoil site.
August 16, 2016 WPA Minutes
Water Amenities report by John Walton: "We have started collecting money for Phase I of this project (dredging). Phase I will involve surveys needed for the canals and spoil site area." NOTE: no report of neglect yet. No discussion noted on The Wedgefield Examiner regarding the neglected spoil site.
September 20, 2016 WPA Minutes
No report noted in Water Amenities, or Grounds regarding the spoil site. No discussion noted on The Wedgefield Examiner regarding the neglected spoil site.
October 19, 2016 WPA Minutes
Water Amenities report by John Walton, "Canal dredging still in phase one for engineering report." Grounds report by McMillin, "10-6-2016, board held exec. Meeting and the board chose to discontinue our Southern Landscapers - and hired Mark Howard on interim basis. Motion made, Seconded and Passed at closed meeting on October 6." The Wedgefield Examiner had a question regarding the former maintenance group - Southern Landscapers. As a member, I wanted to know whether Southern Landscapers had fulfilled their contract to date (they were part way through their 2nd contract year) and earned all of their money, in the contract. McMillin said yes they had, which would include twice yearly maintenance of the spoil site. Wait until later, and you can only conclude that McMillin lied in the moment. Where was John Walton to tell us that that wasn't true?
November 2016 - NO APPROVED MINUTES BECAUSE OF ANNUAL MEETING.
December 20, 2016 WPA Minutes
Water Amenities, "John (Walton) made a motion, Inge seconded for a controlled burn on the spoil site." NOTE! I can't help myself. What would you call these minutes on this subject, except sanitized? There was so much more discussion and the first glimpse of truth, and they don't want you to know the full dirty details. Here is what The Wedgefield Examiner posted on that discussion in December 2016 from my meeting notes. "3) Then John Walton moved to a report on the spoil site. He starts by saying that the maintenance has been NEGLECTED! He goes on to say that it is OVERGROWN, and suggested a burn, and that it must be completed by March. He makes a motion requesting a controlled burn. He states it would be rather COSTLY. Anderson seconds the motion! Jacky Walton wants to know what the alternative is. Someone at the board table says what they need is a driver tract (my best guess because I'm not familiar with the equipment). It would be expensive because they would have to get it out there. The words again, that the spoil site was NEGLECTED. Now, McMillin says, "WE KNEW WHAT THE PROBLEMS WERE WITH THAT". No one from that board table acknowledges what THEY KNEW. McMillin goes on to say that he'll get Howard Landscaping out there - a crew of 4 with CHAIN SAWS. Someone says the trees have to come down. Jacky Walton says that he is concerned. He states that there was a problem near water in the condo area where a burn was tried. He states he doesn't want a wind change, and a Wedgefield house to burn down. Another board member says that it is expensive to do a PROFESSIONAL
There shouldn't be any thing that is private, or hidden from Wedgefield residents, regarding any part of our governance by our board. Our governing documents call out for open meetings, open dialogue - full disclosure of fact - dissemination
We can't start at the beginning, but we can begin to track fact, or lack of, with the canal lot owners private meeting with most on this board on August 11, 2016. Those board members are Garrison, Jacky Walton, John Walton, Johnson, Anderson, and McMillin, and add the volunteers on the Water Amenities Committee. I will remind you that this should have been a meeting open to every member, and we were refused access. We won't spend time on the commitment without a motion, discussion, or a vote at a WPA board meeting, of up to $135,000 of all of our assessment dollars. That is another story, and we will cover it later. It is too twisted to include in this posting. Do keep in mind that the spoil site is critical to dredging, and the WPA does own it. I have all of the handouts that were distributed during that meeting, and have interviewed some who have attended, and the fact that the spoil site, long before we are told, was neglected and overgrown. Attendees were informed of what would need to be collected from them in order to move forward. So our first lie of omission, and intentional withholding of the fact of neglect, and responsibility - the entire board, starts there. What committee and chair is responsible for maintenance of the spoil site? McMillin! The twice yearly maintenance of the spoil site resides in the grounds contract. What you are told is that this board has dedicated itself to doing this dredging right, unlike all those who went before them in the two prior dredgings. It is the only way.
To proceed with the rest of the documentation I went to the WPA sanitized by this board, monthly meeting minutes, sometimes up on the website, at times hidden on a secret link, and at other times, shut out completely. They are so brief, left without relevant detail, that I went back to the blog, to see what I was reporting at the time. Like the blog, or not, I do attend the meetings, and report what occurred at each meeting, and the board members' words. I have to be responsible in such publishing, or I could be sued. If you are in doubt, ask your board if you can listen to the meeting tapes that were always published on the WPA website, but no longer. They have removed the tapes from the website, like so many other things. So we go month by month, meeting minutes, and the blog meeting reports, to follow the tangled tail of the spoil site.
August 16, 2016 WPA Minutes
Water Amenities report by John Walton: "We have started collecting money for Phase I of this project (dredging). Phase I will involve surveys needed for the canals and spoil site area." NOTE: no report of neglect yet. No discussion noted on The Wedgefield Examiner regarding the neglected spoil site.
September 20, 2016 WPA Minutes
No report noted in Water Amenities, or Grounds regarding the spoil site. No discussion noted on The Wedgefield Examiner regarding the neglected spoil site.
October 19, 2016 WPA Minutes
Water Amenities report by John Walton, "Canal dredging still in phase one for engineering report." Grounds report by McMillin, "10-6-2016, board held exec. Meeting and the board chose to discontinue our Southern Landscapers - and hired Mark Howard on interim basis. Motion made, Seconded and Passed at closed meeting on October 6." The Wedgefield Examiner had a question regarding the former maintenance group - Southern Landscapers. As a member, I wanted to know whether Southern Landscapers had fulfilled their contract to date (they were part way through their 2nd contract year) and earned all of their money, in the contract. McMillin said yes they had, which would include twice yearly maintenance of the spoil site. Wait until later, and you can only conclude that McMillin lied in the moment. Where was John Walton to tell us that that wasn't true?
November 2016 - NO APPROVED MINUTES BECAUSE OF ANNUAL MEETING.
December 20, 2016 WPA Minutes
Water Amenities, "John (Walton) made a motion, Inge seconded for a controlled burn on the spoil site." NOTE! I can't help myself. What would you call these minutes on this subject, except sanitized? There was so much more discussion and the first glimpse of truth, and they don't want you to know the full dirty details. Here is what The Wedgefield Examiner posted on that discussion in December 2016 from my meeting notes. "3) Then John Walton moved to a report on the spoil site. He starts by saying that the maintenance has been NEGLECTED! He goes on to say that it is OVERGROWN, and suggested a burn, and that it must be completed by March. He makes a motion requesting a controlled burn. He states it would be rather COSTLY. Anderson seconds the motion! Jacky Walton wants to know what the alternative is. Someone at the board table says what they need is a driver tract (my best guess because I'm not familiar with the equipment). It would be expensive because they would have to get it out there. The words again, that the spoil site was NEGLECTED. Now, McMillin says, "WE KNEW WHAT THE PROBLEMS WERE WITH THAT". No one from that board table acknowledges what THEY KNEW. McMillin goes on to say that he'll get Howard Landscaping out there - a crew of 4 with CHAIN SAWS. Someone says the trees have to come down. Jacky Walton says that he is concerned. He states that there was a problem near water in the condo area where a burn was tried. He states he doesn't want a wind change, and a Wedgefield house to burn down. Another board member says that it is expensive to do a PROFESSIONAL
CONTROLLED BURN, AND THERE WASN'T ANY MONEY FACTORED INTO THE
PROJECT FOR THIS. The motion is tabled until next month when more
investigation into cost, etc. can be developed." Yes, that is what really was said during John Walton's motion. How if Southern Landscapers were the grounds contractor for one and a half years, and according to McMillin's answer (lie) had fulfilled their contract, and earned their money, can we have trees that need chain saws, a burn, and your board, or Water Amenities Committee didn't tell you when they were spelling out their grand plan to canal lot owners, that they neglected this on purpose? They have no money in the proposed budget for dredging for this? They find money later, and it comes out of our assessments under Grounds. All the while we have grassy lots that are five feet high under McMillin's management, and where is ARC, and compliance?
January 17, 2017 WPA Minutes
Water Amenities, " Waiting for quotes for licensed bonded companies for a controlled burn." Later in the minutes under resident comments, "Madeline Claveloux spoke to the board about the readiness of the spoil site." NOTE: Sanitized minutes for sure, particularly about what I had actually said, and asked, and the response I got from the board table that night. Here is what I published immediately following the meeting on The Wedgefield Examiner. "Water amenities chair, John Walton had reported during the meeting that during the last dredging that more money was spent on preparing the spoil site than the dredging itself. He also reported that the spoil site was very over grown. I asked how the board could knowingly let that happen. I explained that McMillin had reported last month that everyone at that board table knew why it got that way. I asked why everyone at that board table knew, and yet we didn't, and asked what they knew. McMillin wouldn't name names, but said "he had trusted someone that was no longer there."
President Walton shut the meeting down." First, John Walton is wrong, or not telling the truth about the spoil site in the last dredging. The spoil site did not cost more than the dredging. It was approximately 1/3 of the cost. This board NEGLECTED the spoil site maintenance sometime since, ignoring the grounds contract specifications of twice a year maintenance which would have kept the burn from ever having to be done. From a governance stand point, they have covered up, lied to us, and now are telling an ugly, illegal fairy tale, to cover their dirty tracks. Don't just blame McMillin, and John Walton. McMillin is on the tapes of these meetings saying that they all knew, and depended on someone on that board who is no longer there. So they all knew, and your board leader - president Walton shuts the meeting down, to stone wall having to answer questions using their own words, and reported actions.
PART II OF THE SPOIL SITE ARTICLE STARTS HERE.
January 17, 2017 WPA Minutes
Water Amenities, " Waiting for quotes for licensed bonded companies for a controlled burn." Later in the minutes under resident comments, "Madeline Claveloux spoke to the board about the readiness of the spoil site." NOTE: Sanitized minutes for sure, particularly about what I had actually said, and asked, and the response I got from the board table that night. Here is what I published immediately following the meeting on The Wedgefield Examiner. "Water amenities chair, John Walton had reported during the meeting that during the last dredging that more money was spent on preparing the spoil site than the dredging itself. He also reported that the spoil site was very over grown. I asked how the board could knowingly let that happen. I explained that McMillin had reported last month that everyone at that board table knew why it got that way. I asked why everyone at that board table knew, and yet we didn't, and asked what they knew. McMillin wouldn't name names, but said "he had trusted someone that was no longer there."
President Walton shut the meeting down." First, John Walton is wrong, or not telling the truth about the spoil site in the last dredging. The spoil site did not cost more than the dredging. It was approximately 1/3 of the cost. This board NEGLECTED the spoil site maintenance sometime since, ignoring the grounds contract specifications of twice a year maintenance which would have kept the burn from ever having to be done. From a governance stand point, they have covered up, lied to us, and now are telling an ugly, illegal fairy tale, to cover their dirty tracks. Don't just blame McMillin, and John Walton. McMillin is on the tapes of these meetings saying that they all knew, and depended on someone on that board who is no longer there. So they all knew, and your board leader - president Walton shuts the meeting down, to stone wall having to answer questions using their own words, and reported actions.
February 26, 2017 WPA Minutes
Water Amenities, John Walton is making a motion, "to approve Sabine & Waters bid of $3,600 made by John, seconded by Keith. Motion carried." Sanitized minutes again. How were they going to pay for this? The project had no money for this, they stated that - see above. McMillin told us everyone on that board knew about the intentional neglect by our board of the spoil site, and last month they had shut down the meeting rather than answer reasonable questions. McMillin had lied when he previously answered my question about the former grounds contractor meeting all the terms of his contract, and the associated payments. Who paid for this? We did, and the spoil site management by this board smells of violations of financial management, governing documents, and any sound business practice. Here is what I published on The Wedgefield Examiner immediately following the meeting. "As I walked out from the meeting, I talked to a few residents. One fairly new resident (for your info - no long term friend of mine), said "Who are these people (the board)? Where did they get them from? They don't represent me! You could put a real lawyer in these board meetings full time, and they wouldn't find most of what they did tonight legal." Yes, a new set of eyes, and ears, untainted by the likes of me, and yet appears to be concerned for the future of Wedgefield, our current rapid decline of neighborhood, and assets, and the behavior and actions of this board.
March 2017 WPA Minutes - nothing reported about the spoil site.
April 18, 2017 WPA Minutes
Water Amenities, "Dredging Project - The spoil Basin has been burned. We are waiting for Earth Works to start with the Topographic Survey." (Reported by John Walton) The Wedgefield Examiner did not print an article about the spoil site immediately following the April board meeting. I am adding the words from the article I did post immediately following the board meeting because it speaks to your board's general harassing treatment of anyone who questions them, and does relate in general to their illegal nasty handling of not only the spoil site, but all of our business. I, like many had asked a question during resident comments about the golf course, had sat down, and a few more residents had their questions asked. I was taking notes when suddenly - Here is what I posted on the Wedgefield Examiner at the time. "They moved onto other questions, and I continued writing notes, as people had questions. Out of the blue, from the board table, Garrison says, "You better get that right - the truth." I told him that I was sick and tired of him harrassing me from the the board table, and in fact a few months ago when I had a question, and another board member began to answer, that Garrison interrupted, and stated that he "wouldn't be that nice to me". He then said that "yeah he did, and what was I going to do about it?".
Before I could answer him, board member Cline started that cackling again, and I told her she could stop that harassing cackling from the board table. She stopped the cackle, and I believe president Walton pounded the gavel.
I've relayed this to the best of my ability. In the past, I would have gone to the official tape of the meeting, and transcribed it - word for word. YOU NEED TO BE CONCERNED, THAT AFTER YEARS OF THE TAPED RECORDINGS OF MEETINGS BEING POSTED ON THE WPA WEBSITE, THAT THIS BOARD HAS DECIDED WITHOUT DISCUSSION AT THE BOARD TABLE, TO REMOVE THAT OPTION FROM THEIR WEBSITE. I CAN'T EVEN SUGGEST THAT YOU GO TO THE TAPE OF THE MEETING!
Today, I had another call about Garrison's treatment, and expressed concern, and the comment, that that is why they don't usually attend meetings. I watched Garrison treat the resident on the 10 months journey of the shed repeatedly this way at meetings. That "what are you going to do about it", is a fighting phrase, a confrontational phrase. Remember, I was just sitting writing - no words to the board - no side bar conversations with anyone near me. There was no reason to come after me like that! What is worse, is that the board, and our president allow it - sanction it, and for the most part let him serve as spokesperson - the answerer of all questions" Yes, you have the Gestapo berating anyone who questions. We move onto another month in the minutes, and the reporting.
May 16, 2017 WPA Minutes
No report in the minutes on the spoil site.
June 20, 2017 WPA Minutes
March 2017 WPA Minutes - nothing reported about the spoil site.
April 18, 2017 WPA Minutes
Water Amenities, "Dredging Project - The spoil Basin has been burned. We are waiting for Earth Works to start with the Topographic Survey." (Reported by John Walton) The Wedgefield Examiner did not print an article about the spoil site immediately following the April board meeting. I am adding the words from the article I did post immediately following the board meeting because it speaks to your board's general harassing treatment of anyone who questions them, and does relate in general to their illegal nasty handling of not only the spoil site, but all of our business. I, like many had asked a question during resident comments about the golf course, had sat down, and a few more residents had their questions asked. I was taking notes when suddenly - Here is what I posted on the Wedgefield Examiner at the time. "They moved onto other questions, and I continued writing notes, as people had questions. Out of the blue, from the board table, Garrison says, "You better get that right - the truth." I told him that I was sick and tired of him harrassing me from the the board table, and in fact a few months ago when I had a question, and another board member began to answer, that Garrison interrupted, and stated that he "wouldn't be that nice to me". He then said that "yeah he did, and what was I going to do about it?".
Before I could answer him, board member Cline started that cackling again, and I told her she could stop that harassing cackling from the board table. She stopped the cackle, and I believe president Walton pounded the gavel.
I've relayed this to the best of my ability. In the past, I would have gone to the official tape of the meeting, and transcribed it - word for word. YOU NEED TO BE CONCERNED, THAT AFTER YEARS OF THE TAPED RECORDINGS OF MEETINGS BEING POSTED ON THE WPA WEBSITE, THAT THIS BOARD HAS DECIDED WITHOUT DISCUSSION AT THE BOARD TABLE, TO REMOVE THAT OPTION FROM THEIR WEBSITE. I CAN'T EVEN SUGGEST THAT YOU GO TO THE TAPE OF THE MEETING!
Today, I had another call about Garrison's treatment, and expressed concern, and the comment, that that is why they don't usually attend meetings. I watched Garrison treat the resident on the 10 months journey of the shed repeatedly this way at meetings. That "what are you going to do about it", is a fighting phrase, a confrontational phrase. Remember, I was just sitting writing - no words to the board - no side bar conversations with anyone near me. There was no reason to come after me like that! What is worse, is that the board, and our president allow it - sanction it, and for the most part let him serve as spokesperson - the answerer of all questions" Yes, you have the Gestapo berating anyone who questions. We move onto another month in the minutes, and the reporting.
May 16, 2017 WPA Minutes
No report in the minutes on the spoil site.
June 20, 2017 WPA Minutes
John Walton gave the report. "Water Amenities Report Repairs are needed on the dikes of the confined disposal facility. These repairs are necessary because of normal compaction which has occurred since the last dredging. The lowest corner is at 8.11 feet. We need 10.00 as the average dike top for the volume to be safe. We are currently seeking estimates to have this repair work done."
JULY 18, 2017 WPA Minutes
No report in the minutes on the spoil site.
August 15, 2017 WPA Minutes
No report in the minutes on the spoil site. On August 21, 2017 I publish the following on The Wedgefield Examiner. "No where in all the months it took to get us to this miserable spoil site place, does anyone declare that the spoil site is damaged, until recently. No one tells how it was damaged, but they've hired an engineering firm to tell us what it will take to get it done! Can't wait to hear the story about that. Will it be the hurricane? Will someone level with us if it was caused by the burn, or the landscaping crew - the new one that the committee boated over to the spoil site a few months ago - after the neglect that everyone of the people at the board table knew about - according to McMillin?????????
September 19, 2017 WPA Minutes
The minutes should have been approved at the October 2017 board meeting. They have not been published because of a typo.
October 2017 WPA Minutes will not be approved until the December 2017 WPA Board Meeting. The Wedgefield Examiner attended the meeting, and I have reviewed my notes. Under Water Amenities, as reported by John Walton, he tells us that Earth Works had contractors out to the spoil site to review the work (????) that would be needed to work on the dikes.
Final General Comments:
During the last six months, I've been invited to at least two small groups of residents - I believe it is three, but wouldn't want to embellish the truth. Each time the agenda was "can we sue the board, we'd be willing to contribute." I was invited, and not the organizer. Each time, I reminded those asking that this board will use their money - assessment money, our paid for by assessment dollars insurance company attorneys who will drag the time out, working primarily toward settlement, and it is difficult to collect enough money to continue the lawsuit from the resident side. Should this board be sued? I think so, in so many areas - pick almost any of their actions - contracts, the spoil site, records, dredging, failing to follow covenants regarding ARC, harassing residents, cover ups, etc. I'd support anyone who wants to stand tall and do it, but I won't lead it. You have a simpler answer - GET THEM OFF THE BOARD 3 AT A TIME BY RUNNING FOR BOARD YOURSELF, AND VOTE THESE "LIFERS" OFF EVEN IF YOU LIKE SOCIALIZING WITH THEM AT BOAT CLUB, BACKYARD BURNING IN POTS (THANKS MCMILLIN), ETC. DON'T BE AFRAID TO VOTE FOR WEDGEFIELD BECAUSE YOU THINK ONE OF THE VOTE COUNTERS WILL REPORT YOUR VOTE BACK TO THEM.
For any of you still considering suing the board. Here is information from a recent legal article about HOA's.
JULY 18, 2017 WPA Minutes
No report in the minutes on the spoil site.
August 15, 2017 WPA Minutes
No report in the minutes on the spoil site. On August 21, 2017 I publish the following on The Wedgefield Examiner. "No where in all the months it took to get us to this miserable spoil site place, does anyone declare that the spoil site is damaged, until recently. No one tells how it was damaged, but they've hired an engineering firm to tell us what it will take to get it done! Can't wait to hear the story about that. Will it be the hurricane? Will someone level with us if it was caused by the burn, or the landscaping crew - the new one that the committee boated over to the spoil site a few months ago - after the neglect that everyone of the people at the board table knew about - according to McMillin?????????
Looks to me like this board's usual performance, plus their effort to bill every place possible but the canal residents, to keep the total cost of their illegal proposed dredging low, so that more will sign up to pay. The spoil site is owned by the association, but they have cut deals amongst themselves to get this done, according to a plan that harms us all. Who would trust this crew to take a row boat down the canal?"
September 19, 2017 WPA Minutes
The minutes should have been approved at the October 2017 board meeting. They have not been published because of a typo.
October 2017 WPA Minutes will not be approved until the December 2017 WPA Board Meeting. The Wedgefield Examiner attended the meeting, and I have reviewed my notes. Under Water Amenities, as reported by John Walton, he tells us that Earth Works had contractors out to the spoil site to review the work (????) that would be needed to work on the dikes.
Final General Comments:
During the last six months, I've been invited to at least two small groups of residents - I believe it is three, but wouldn't want to embellish the truth. Each time the agenda was "can we sue the board, we'd be willing to contribute." I was invited, and not the organizer. Each time, I reminded those asking that this board will use their money - assessment money, our paid for by assessment dollars insurance company attorneys who will drag the time out, working primarily toward settlement, and it is difficult to collect enough money to continue the lawsuit from the resident side. Should this board be sued? I think so, in so many areas - pick almost any of their actions - contracts, the spoil site, records, dredging, failing to follow covenants regarding ARC, harassing residents, cover ups, etc. I'd support anyone who wants to stand tall and do it, but I won't lead it. You have a simpler answer - GET THEM OFF THE BOARD 3 AT A TIME BY RUNNING FOR BOARD YOURSELF, AND VOTE THESE "LIFERS" OFF EVEN IF YOU LIKE SOCIALIZING WITH THEM AT BOAT CLUB, BACKYARD BURNING IN POTS (THANKS MCMILLIN), ETC. DON'T BE AFRAID TO VOTE FOR WEDGEFIELD BECAUSE YOU THINK ONE OF THE VOTE COUNTERS WILL REPORT YOUR VOTE BACK TO THEM.
For any of you still considering suing the board. Here is information from a recent legal article about HOA's.
I. Breach of covenant by the community association
Homeowners have a basis for an action for breach of covenant against their community association where the association fails to fulfill any of the duties it expressly agreed to perform in the community’s legal documents. See Murphy v. Yacht Cove Homeowners’ Association, 345 S.E. 2d 709 (S.C. 1986). The duties of a community association typically include management and control of the common areas, including landscaped areas and common recreational facilities, and maintenance and repair of the exterior building surfaces and roofs. Failure to fulfill any of these duties could subject a community association to a breach of covenant claim brought by a unit owner or occupant.
II. Breach of the fiduciary duty owed to homeowners by community associations
Homeowners have the right to have the community association exercise ordinary care, in reasonable and good faith manner in the performance of its duties. For breach of these fiduciary duties, an association may be held liable by an owner. Breach of fiduciary duty actions may lie where actions or duties not expressly stated in the community’s legal documents are fairly implied by the scope of the duties set forth in the legal documents. This would include adequate funding or improper management of financial reserves to pay for repair, replacement and maintenance expenses. Other actions possible to be brought by a unit owner on these grounds may include breach of fiduciary duty due to the failure of the association to sue the developer, declarant or general contractor for construction defects where the units were improperly constructed.
II. Breach of the fiduciary duty owed to homeowners by community associations
Homeowners have the right to have the community association exercise ordinary care, in reasonable and good faith manner in the performance of its duties. For breach of these fiduciary duties, an association may be held liable by an owner. Breach of fiduciary duty actions may lie where actions or duties not expressly stated in the community’s legal documents are fairly implied by the scope of the duties set forth in the legal documents. This would include adequate funding or improper management of financial reserves to pay for repair, replacement and maintenance expenses. Other actions possible to be brought by a unit owner on these grounds may include breach of fiduciary duty due to the failure of the association to sue the developer, declarant or general contractor for construction defects where the units were improperly constructed.
III. Association director liability
Homeowners have the right to have directors act within their fiduciary duties. Homeowners may bring an action against a director of a community association on the grounds of breach of fiduciary duty of the director. Directors, also sometimes referred to as Managers, Trustees, Administrators or the Executive Board, owe fiduciary duties of care to homeowners to exercise ordinary care in performing their duties, to act reasonably and in good faith in their performance of their duties as members of the governing body of the community association.
Homeowners have the right to have directors act within their fiduciary duties. Homeowners may bring an action against a director of a community association on the grounds of breach of fiduciary duty of the director. Directors, also sometimes referred to as Managers, Trustees, Administrators or the Executive Board, owe fiduciary duties of care to homeowners to exercise ordinary care in performing their duties, to act reasonably and in good faith in their performance of their duties as members of the governing body of the community association.
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.
