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Last week's review of the correspondence file brought more concerns about the board's uneven justice when it comes to being consistent in applying our governing documents, as questions arrive from residents. The particular subject today is ARC, and a single board member who continues to answer residents from his private phone, and computer, without regard to notifying the full board prior to responding. This has lead us to one resident filing a lawsuit against the board.
FROM THE CORRESPONDENCE FILE - DATED AUGUST 30, 2017: NOTE: I've removed any detail that would indicate who the member writer is.)
The correspondence is sent to the board, ATTENTION: Larry McMillin, and Keith Johnson. The correspondence indicates that the resident has had his deposit held. He writes, "not enough shrubbery, hiding air conditioner and more pine straw needed around base platform.
I have went and purchased additional plants and pine straw to cover the air conditioner on top of the $20,000 landscaping, irrigation and land scape lighting that I already paid to have installed. There are numerous other houses in the community that do not have anything hiding their air conditioners. There is one on my street that there is not one plant or anything blocking it and it was constructed within the last 4-5 years. I went above and beyond to see that my yard was landscaped to perfection and I still get kickback from the HOA board and that doesn't seem fair."
Readers, in review of this total correspondence issue, I found a note attached that said Keith had sent the following message to the office from his I phone. "I replied for ARC." There was no copy of just what Keith told him in the file. Therefore, the board was not sent a copy of THE BOARD'S review of what Keith was about to state as policy of the board, and verification of the fact the rest of the board had fulfilled their individual responsibilities of over sight in seeing that the resident was answered according to the governing documents. This is astounding because this comes after Keith had answered the resident below - the one who filed the lawsuit and is accused of contacting the resident personally and bringing up issues, that aren't even indicated as being brought to the board, while Keith claims there have been "numerous complaints"
To the writer who writes the board above, I say thank you for making the legitimate effort of writing the board, and pointing out the inconsistencies you noted. Members, you need to take it one step further, and attend board meetings, and speak out during the resident comments - respectfully, and completely, because there is far to much of this.
HERE IS A COPY OF ONE OF THE LETTERS THE INDIVIDUAL WHO IS SUING THE BOARD SENT, AND WHAT I OBSERVED IN THE FILE AT THE TIME:
LETTER # 1 DATED APRIL 27, ADDRESSED TO THE PRESIDENT:
"Wedge field used to be a wonderful place to live. What happened? Keith Johnson, acting as a representative of the HOA notified me by email that he had received "many" complaints about my wife's and my dock house. He stated that these among (missed a word) people complained about the encroachment of our dock house in the canal. I replied that, in fact, our dock house had less encroachment than any dock in this canal. I said he should come over to see, and that I wanted to put this issue to bed. He replied back and doubled down, saying that our dock house was obstructing the views of others. After I rejected his theory of vertical encroachment, he refused to back off his complaints of our property, by ending with a third email stating that we were possibly in violation of the 50 per cent rule, and with that he said that was his last word and he was too busy for further discussion.
I request that the HOA conduct a mediation between me and Keith at the earliest convenience. This would be the most appropriate method of resolving this situation and should take no more than half an hour. Let me know if you can arrange this for the best interest of the whole community. If not, then place me on the agenda to speak at the May board meeting where I will ask for his resignation or termination for this and other causes."
COMMENTS:
Residents, I'll keep my comments to fact at this point. Today, I reviewed the correspondence file from Sept. 2016 to current date for a number of reasons. There was not one complaint about a dock in the file. The file did not include any written correspondence to this resident - no Keith Johnson emails. I checked the published WPA official minutes from January 1 through May, under Legal, ARC, Community Liaison, and Compliance reports, and there was no mention that your board had reported their actions, or this resident's correspondence.
