COULD WE HAVE EQUAL JUSTICE IN THE APPLICATION OF OUR GOVERNING DOCUMENTS? HOW CAN WE WHEN THE LEGAL CHAIR SPEAKS ON A SUBJECT HE ADVISED US ON IN THE PAST, AND THEN PUNISHES A RESIDENT FOR APPLYING IT LATER? SHOULD WE TRUST HIS WORD? WHERE HAS THE LEGAL COMMITTEE BEEN? WHERE HAS COMPLIANCE BEEN? WHERE HAS ANY STANDARD OF ANSWERING RESIDENT'S AND RECORDING WHAT THE BOARD'S RESPONSE HAS BEEN? YOU CAN'T EXPECT EQUAL TREATMENT FROM A BOARD THAT IGNORES THE GOVERNING DOCUMENTS, AND NO ONE ON THE BOARD CARES. HISTORY REPEATS ITSELF. IT MAY BE A DIFFERENT ISSUE CANAL LOT OWNERS -
BUT
YOU ARE GETTING THIS KIND OF DOUBLE TALK ON THE SPOIL SITE,
THE DREDGING,
AND
YOUR BOARD'S DISREGARD FOR THE GOVERNING DOCUMENTS, AS IT RELATES TO EVERY STEP YOU'VE TAKEN SO FAR.
BUT
YOU ARE GETTING THIS KIND OF DOUBLE TALK ON THE SPOIL SITE,
THE DREDGING,
AND
YOUR BOARD'S DISREGARD FOR THE GOVERNING DOCUMENTS, AS IT RELATES TO EVERY STEP YOU'VE TAKEN SO FAR.
First a big thank you to the readers who think for themselves, take a look at current problems, and go back and read - for the record. The research back to the 2016 article reposted below looks at current issues of compliance, legal, property maintenance, and questions where we have truth of fact from this board. We've lacked truth in open governance, adherence to governing documents, and have failed to vote out those who have perpetuated it. What is more frightening, we have elected new people who stay quiet, and appear to fall in line with that old board crew.
What do I mean? During the December 2017 board meeting, I was pleased to hear that our president had finally split a conflict of function in his continued appointments of Garrison as chair of both legal, and compliance - removing any checks and balances to these two committees, and appointed a newly elected board member to chair of compliance. Hope was dashed of a fresh, uncontaminated look at compliance, when we get to the January meeting and the new compliance chair nominates Garrison to the compliance committee, along with several of the old guard, Garrison followers - fellow old guard board members, and your board - SURPRISE, SURPRISE, approves the nominations! You ought to be concerned.
HERE'S THE 2016 ARTICLE:
Wednesday, February 10, 2016
RIGHTS & RESPONSIBILITIES OF THE BOARD. WHAT WOULD YOU DO TO PROTECT THE VALUE OF YOUR PROPERTY, AND THE PROTECTION OF AN HOA?
The Wedgefield Examiner has a lot going on. Most would declare that they needed an assistant. My only assistant is Wonder Dog Brady, and he can't type, and for sure can't compose! I owe you a article about the "open" Board Meeting. I've visited the WPA Office, and secured some copies of legal papers. I'm working on a project, on my own, about the dumping of evergreen trees in the canals, to legally make fish beds. Yet, I was struck by a letter in the WPA Correspondence file. It was a subject that I covered earlier, and as the saying goes, "it curled my hair", as I read it. Earlier, I had reported about the resident who had placed their 2016 assessment in escrow. This was reported by Legal Chair Garrison, and I took umbrage, at his response, as he reported from the board table. Why? Because your Legal Chair, prior to entering the Board, blessed as Legal Chair by President Walton, had written residents during the canal dredging drama, along with two other "Bobs", and recommended that residents place their canal dredging assessments (legally voted on by a previous board), in an escrow account. Now, he was reporting that he had told the resident to pay, or be fined! Yet, your board, had failed to live up to the governing documents, in regard to property maintenance.
First, attached to the letter, the resident presents what appear to be legal documents in the establishment of a escrow account, and deposit of $500 for the 2016 assessment, with the sole purpose to pay the assessment, after it is proven that your board has met the stipulations of our governing documents. We start the direct letter language quote shortly after the letter subject introduction.
"at such time that the following occurs:
1) The neglected lot adjacent to me, which I HAVE REPEATEDLY REQUESTED TO BE KEMPT as REQUIRED by the WPA Conditions, Covenants & Restrictions, is cleared and maintained to those standards for a period of at least 120 days without my intervention, and
2) I have received in WRITING, a letter from the WPA, as per the Conditions, Covenants & Restrictions, and will be billed to the property owner, as also established in the Conditions, Covenants & Restrictions. The purpose of this second part is to provide me reasonable assurance that these long-standing lot conditions will no longer occur, as it is obvious the owner will not accept this responsibility himself.
The 2016 funds will remain in escrow, and future assessments will be deposited into same escrow account when invoiced and due, UNTIL such time as the WPA FULFILLS their responsibilities and obligations to ME, or the matter is decided BY A COURT OF PROPER JURISDICTION.
I am VERY DISAPPOINTED that the situation has come to this. This is not the way I ENVISIONED our relationship would be with either our neighbor or the WPA."
COMMENTS:
Well, Well! This is just another resident, who bought property in Wedgefield, with the thought that the board would operate according to the governing documents, and got a "cohesive" board's agenda! I don't know who the resident is. I do believe that they relied on our GOVERNING documents before they bought land here. Many of us have been burned by the promise of protection of our property values, under the governing documents provided to them as they moved forward toward purchase. Poor souls, they failed to acknowledge, or be aware of this current board's agenda.
I have to congratulate the writer! Whether the individual knew of Garrison's writing about escrow accounts, they have hit the nail on the head. Regardless, this brave resident, has tested the board in what appears to be a real legal challenge. Thank you, resident. I wish you luck with this wishy washy - COHESIVE BOARD, can't think for your individual self board, who let's disregard for our governing documents, business, or prudent thought, keep them cohesive. It should be noted, that the board's response to this letter was not included in the Correspondence file. Yet, Garrison, almost humorously, reported at a recent monthly meeting, that he HAD responded (WHERE?), and as I recall, told the resident pay, or be fined, and suffer the full action of the collection policy.
My message to the unknown resident: "Keep up the good work! You have a RIGHT to ask the board to uphold the governing documents - your promise at purchase. I believe that you have a right to withhold your assessment, when your board fails to adhere to our governing documents. If all else fails, get a copy of the 3 Bob's letter recommending escrow accounts. Tell your attorney that the WPA Legal Chair, recommended it, and give them, or the court the letter.
First, attached to the letter, the resident presents what appear to be legal documents in the establishment of a escrow account, and deposit of $500 for the 2016 assessment, with the sole purpose to pay the assessment, after it is proven that your board has met the stipulations of our governing documents. We start the direct letter language quote shortly after the letter subject introduction.
"at such time that the following occurs:
1) The neglected lot adjacent to me, which I HAVE REPEATEDLY REQUESTED TO BE KEMPT as REQUIRED by the WPA Conditions, Covenants & Restrictions, is cleared and maintained to those standards for a period of at least 120 days without my intervention, and
2) I have received in WRITING, a letter from the WPA, as per the Conditions, Covenants & Restrictions, and will be billed to the property owner, as also established in the Conditions, Covenants & Restrictions. The purpose of this second part is to provide me reasonable assurance that these long-standing lot conditions will no longer occur, as it is obvious the owner will not accept this responsibility himself.
The 2016 funds will remain in escrow, and future assessments will be deposited into same escrow account when invoiced and due, UNTIL such time as the WPA FULFILLS their responsibilities and obligations to ME, or the matter is decided BY A COURT OF PROPER JURISDICTION.
I am VERY DISAPPOINTED that the situation has come to this. This is not the way I ENVISIONED our relationship would be with either our neighbor or the WPA."
COMMENTS:
Well, Well! This is just another resident, who bought property in Wedgefield, with the thought that the board would operate according to the governing documents, and got a "cohesive" board's agenda! I don't know who the resident is. I do believe that they relied on our GOVERNING documents before they bought land here. Many of us have been burned by the promise of protection of our property values, under the governing documents provided to them as they moved forward toward purchase. Poor souls, they failed to acknowledge, or be aware of this current board's agenda.
I have to congratulate the writer! Whether the individual knew of Garrison's writing about escrow accounts, they have hit the nail on the head. Regardless, this brave resident, has tested the board in what appears to be a real legal challenge. Thank you, resident. I wish you luck with this wishy washy - COHESIVE BOARD, can't think for your individual self board, who let's disregard for our governing documents, business, or prudent thought, keep them cohesive. It should be noted, that the board's response to this letter was not included in the Correspondence file. Yet, Garrison, almost humorously, reported at a recent monthly meeting, that he HAD responded (WHERE?), and as I recall, told the resident pay, or be fined, and suffer the full action of the collection policy.
My message to the unknown resident: "Keep up the good work! You have a RIGHT to ask the board to uphold the governing documents - your promise at purchase. I believe that you have a right to withhold your assessment, when your board fails to adhere to our governing documents. If all else fails, get a copy of the 3 Bob's letter recommending escrow accounts. Tell your attorney that the WPA Legal Chair, recommended it, and give them, or the court the letter.
