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Readers, the following is a little follow up on yesterday's article, "THE 2018 WPA BOARD PRESENTS THE BOARD OFFICERS, AND THE PRESIDENT'S APPOINTMENT OF COMMITTEE CHAIRS.", and contains a message to the board officer who came to me twice the day of the 2017 annual meeting. Here is a quote from the above mentioned article.
"Twice during my time at the annual meeting, I was approached by a board officer, and told that that officer "didn't realize that". The second time on that day, the board officer, told me that he/she would contact me after the meeting to discuss this. So far no call has come my way to meet. I won't take time to prove the violation in this writing that the board has failed to follow the approved resident by-law." At the time, the board officer seemed sincere to me, why???, as I reflect now, I don't know. How could she/he say that they didn't know? How could any board member, let alone a board officer not know? Who has been mixing the kool aide on that board that they blindly follow, and ignore the very guiding documents, that they are suppose to govern us by? PRINTED IN QUOTES, AND UNDERLINED BELOW IS A QUOTE FROM A SC HOA LEGAL ARTICLE, ABOUT RESPONSIBILITY OF EACH AND EVERY BOARD MEMBER'S RESPONSIBILITY.
"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.
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."
Ignorance is never a escape in the law. Just so the board officer knows, that she/he can't plead ignorance in any circumstance - not under the law - not under our governing documents, but she/he speaks an untruth, even in her/his communication with me on that day. Below, is an article posted in June of 2013.
Your board was put on notice in 2013, even before, and since, but look what came out then.
BLOG ARTICLE POSTED JUNE 5TH 2013
Your board has finally posted the 2011 by-law change, voted into the by-laws at the annual meeting in November 2011. It is quite simple and very clear. It states, "A motion to change the policy manual must be presented at an open board meeting, post on the Wedgefield Plantation Association website for resident comments, and NOT voted on until the following Board meeting."
Your board has made rapid changes in the policy manual for about a year. Go back to the agenda and minutes for the last twelve months. There is rarely a month that changes to the policy manual have not been presented. Your board has failed to follow the by-law EVERY TIME! They have never POSTED the changes on the WPA website for resident comments. They were well aware of the by-law, although ignorance is never a defense. They brought their changes to the board table two consecutive months, voting the second month. WHAT DIDN'T THEY WANT YOU TO SEE AND COMMENT ON. I guess it is strike while the iron is hot and don't worry who gets burned.
I'm aware of the resident who wrote the amendment, and others who would have if they hadn't. The proposed by-law change was written after residents were angered over then treasurer McMillin's quick, on the spot changes to the policy manual to lower the standards of the individual who would maintain our financial books. He also lowered the bonding required for the individual he wanted to hire. That individual would have to pay for their own bonding. One of the changes to the policy manual recently presented by treasurer DeMarchi goes back to how and who will maintain our books. He told us at two meetings, never completely read the changes out loud, and never put the changes up on the WPA website. During the May meeting, we find out that he has further reduced the bonding of the person he wishes to hire, and we will pay for his/her bonding! While DeMarchi's latest is important, they are all important because they appear to keep changing things to suit their next favored project.
When I went to review records May 21, day of the board meeting, I was told that legal chair Garrison was checking with the attorney to see if it was filed?????? What does that mean? Is Garrison and your board going to try and use that as a scape hatch for not following the by-law? I hope not. Your board, should have to rescind EVERY policy manual change, back to the date YOU and I approved this by-law change!!!!!! They certainly acted IMMEDIATELY on the votes that YOU and I cast on that same date to put some of them in office!
Garrison reported at the May 21 meeting that the by-law had been filed. He did not speak to why the board didn't follow it, what the ramifications were of filed versus not, or what your board was going to about this injustice. The document HAD NOT BEEN FILED ON MAY 21. The document was filed on May 22, 2013.
I don't believe a word they say. They do what they want, how they want to, ignore our votes, won't answer us and just move on according to their misdirected rule of governing documents, and honesty.
One more example of their word:
THE POSTED BY-LAW IS PRESENTED BELOW:
