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Tuesday, July 14, 2015

IT HAS BEEN 27 DAYS SINCE I WROTE THE BOARD, WILL BOARD MEMBERS, MCMILLIN AND DEMARCHI, EVER COME OUT OF THE REQUEST FOR INFORMATION HOLE, THIS BOARD HAS CREATED, TO ANSWER MY QUESTIONS, OR WILL WE HAVE TO WAIT FOR GROUND HOG DAY? I'LL CONTINUE TO PUBLISH THE COUNT UNTIL THEY DO.


Your board has gone silent on too many important areas of information, as they govern!  What do I mean?  Our minutes are sanitized, they provide very little critical information, and in the last several months, now that there is no one at the board table to question, and bring information forward through questioning, there is a lot of no reporting, or vague and limited reporting, and what could appear as omission of information, with intention.

Go back and read the previous article on this blog, "A Review of the Correspondence File Begs The Questions, Who Has To Write The Board To Be Served and Heard?  Who Is Telling The Truth From The Board Table?"  The information provided from the official, approved minutes, regarding DeMarchi's drainage work, magnifies what I just stated.  In March 2015, he states, what probably should be done.  In April 2015, there is no report.  In May 2015, the minutes refer you to the April Report (?????), when the minutes state there wasn't one!  At the June meeting, DeMarchi appears to be on his merry drainage project way, talking about less than three bidders, on a small part, because he is going to piece meal, the project,  and talk about $400 work, rather than the entire scope of work he discussed in March.  They wear you out, drag it out, and quite frankly appear to count on you not following anything!  He claims at some points over the months, that he got phone calls about drainage, after rains.  We also had the claims of complaints, regarding speed, to justify the whole speed bump initiatives, by both DeMarchi, and McMillin.  Some of this miscreant behavior, caused me to write and ask the board, the following, What is the proper procedure to bring concerns to the board?"  Do all residents have the right to call board members at home?  Community Liaison, Anderson, answered, stating, "All questions, concerns, complaints, etc. are supposed to be in writing and delivered to the office either in person, by mail, or email."  How did we get speed bump proposals, and drainage complaints, when there was nothing in the correspondence files?????

If nothing else, whatever you may think, I follow the rules.  I wrote the board.  Community Liaison, Anderson, partially answered.  I have both respect, and lack of respect for Anderson.  He answers respectfully in his writings, in the aspect that he answers partially, and is not abusive, something some on the board don't do.  I disrespect, his vagueness, and his lack of follow up, to see if other board members have responded, after his referral, and if they haven't (much the case), to report it from the board table.  Same goes to you President Walton, as you are copied on everything.  Twice, in his partial answer to me, Anderson uses the phrase, "to my knowledge."  Probably means, didn't ask, didn't seek information, because they (In this case - McMillin, and DeMarchi), don't want to answer, because the truth might be harmful to the administration.  

My questions posed in my letter to the board, for DeMarchi, follow:
"During the May WPA Board Meeting, a board member mentioned that the bookkeeper/ accountant had left, and wanted to know if she would be replaced.  When did this contractor, or employee leave?  What was the date?  What was the reason that this person left?   Treasurer DeMarchi, did not report on the date this individual left, plans to replace her, candidates, or anticipated expense to the accounting function.  Please provide that information."

It has been 27 days, and DeMarchi hasn't answered.  I pay my assessments, on time, every time, and I have a right to ask, and be answered.  I have more of right to be served, then those individuals with drainage issues, who called DeMarchi, at home, and are being served at our expense, and didn't follow the rules.  It is bad enough, that he hasn't answered a resident, but what about what this board stays silent on, doesn't care enough to question, when it involves a staff person, or contractor, handling our monies, who leaves, and the TREASURER, doesn't report it to the board, at the board table!!!!  That's the kind of dysfunctional power that DeMarchi seems to have, he is a self appointed expert on numerous areas, and above answering residents, and worse, above sharing critical information, with the other elected board members, at the board table.  The rest of this board, by their failure to question, from the board table, in view of their resident public, appear to possess the same characteristics.  Where's President Walton?  I forget myself!  He appears to be one of the deviant participants!  It has been 27 days, Treasurer DeMarchi, you really should come out of the hole, and answer!  We'll keep counting, and publishing the count.  It is important!  If you reviewed the correspondence file, you'd note that there have been questions regarding inaccuracies in the financial reports, for months, with errors acknowledged, and we've lost one of the people responsible for handling our money, from DeMarchi's so called "accounting function", when not one of them has real accountant education.



Next, we move to board member, McMillin.  He hasn't answered in 27 days, either!  Since he is Grounds Chair, it appears, this time around in the battles at the board table, of whose in charge of the project (Previously, DeMarchi handled it.), he should answer the questions regarding the gate house fix.  Anderson, really didn't answer them.  It doesn't count, if you don't answer all the questions, and use the term "to my knowledge", when you don't ask questions, before you answer.  Here's the questions, presented in my letter to the board, regarding the gate house:
"As residents, we have had little, to nothing, in updates on the state of the almost 2 year, gatehouse fix.  Have the windows, purchased almost 2 years ago, been installed?  Who removed the dry wall and floor coverings?  Who treated, or remediated the molds?  Where were the moldy wood and dry wall debris taken for disposal?  How were they prepared for disposal?  Who transported the debris for disposal?

It appears, looking in the windows, that some dry wall and wood have been replaced.  Who replaced it?  How much did the supplies for mold remediation, and damage to dry wall and wood cost?

I have reviewed the most recent bids for the gatehouse.  One licensed, insured contractor said the following, “"Removal of dry wall and floor coverings. (This will be done by a mold remediation company due to the severity of MOLDS that are growing so this will take care of Gate House Proposal # 1-2 as well."  He ends with, "This is a good faith estimate for work described in the bid proposal as well as extras.   highly advise to be done."  He goes on in another area to say, "Anything with a asterisk is highly advised extras to prevent this problem from happening in the future.  Due to the fact the building was built with no extra plywood an water barrier there are no guarantees the elastic membrane and vapor barrier are highly recommended to take the place of the plywood an water barrier to prevent water coming in that penetrates the brick."  As a resident, I am very concerned about what is happening with this project, particularly because our board, for whatever reason, has failed to report on it."

Board Member, McMillin, it has been 27 days, and you haven't answered.  President Walton, you are copied on all resident correspondence with the rest of the board.  You are copied on any responses from Anderson, as Community Liaison.  Where is your leadership and responsibility?  Is your failure to see that responses are given due to your failure to respond, when I asked you how you could have submitted a bid from your company, when you had signed a "Conflict of Interest", at the time, that excluded you, or any board member, from bidding, let alone accepting a contract from the WPA?  Some say, "silence is golden", it doesn't apply in these situations, in fact silence now, and as often as it happens from this board, may be a question of integrity, and sound governance.  

Board Member, McMillin, in the past, you have bragged, bragged, and bragged, from the board table, about your volunteer efforts.  Why the silence about the gate house?  I have been asked by the people I've contacted about this project, if I asked the board.  I can respond, that the board won't address this subject.  I'm just covering my bases.  The last time, the board wouldn't answer, and I wrote the governor's office, they asked whether I had asked the board about the particulars of that project.  I told them, that under President Walton's long run as president, that there was a period of time, that we went over a year, without residents being answered, and hell would freeze over, and the devil would dance on it, before this board answered.  Board Member, McMillin, there is ice in hell, and you haven't answered, and the devil is putting on his dancing shoes.  If you don't answer soon, I'll just provide my correspondence from and to the board.  President Walton, it is time to wake up, and serve according to good governing practices.




Wednesday, July 8, 2015

A REVIEW OF THE WPA CORRESPONDENCE FILE BEGS THE QUESTIONS, WHO HAS TO WRITE THE BOARD TO BE SERVED, AND HEARD? WHO IS TELLING US THE TRUTH FROM THE BOARD TABLE?

On June 30th, I visited the office at my appointed time, to review the correspondence file, from Jan. through current date.  I also attend almost all board meetings, or listen to the tapes of the few meetings I have missed.  After my review of the file, I was left with questions, and a few observations. 

HERE'S WHAT WAS IN THE FILE:
January
*Finance questions
*Request  for a street light on Governor Johnson
*Request for a street light on King George
*Problems with tight circle on Ballard Place (picture of damage   enclosed).
February
*Finance Questions
*Finance Questions
April:
*Discrepancies in financial reports
*Concerns, with picture, regarding a yard on King George
*Pot hole condition on Swamp Fox.  Would like considered in next round of road repairs
*Complaint about fencing that doesn't meet governing document specs.
June
*Suggestion to use security cameras, description of some of the safety concerns
*My letter to the board, that has been published on this blog.

 For most of these letters, a response was attached, or a note from the appropriate board member to the Community Liaison, stating a decision.  For instance, McMillin said "no", to the two lighting requests, mentioning expense.  Anderson, Community Liaison, writes that he will bring the suggestion of security cameras, up at the next meeting.  I had a partial response from Anderson, regarding my letter, with notice, that he would send my questions, on to DeMarchi, regarding our loss of the additional accountant/bookkeeper.  DeMarchi, has not responded.  Additionally, Anderson did not completely answer my questions about the gate house, and I've had no response from McMillin.  Surprise, surprise, that these two have not responded.  Will Anderson report at the July meeting, that my letter was answered?

 What wasn't in the files?  Why ask?  During recent board meetings, we heard that there were complaints regarding speed near the gatehouse, and 6-7 drainage complaints that necessitated work. Review of the file, indicates that not ONE resident wrote the board regarding either of these topics. 

Twice, in the last year - year and one half, we have had board members bring speed bumps at the front gate, to the board table, each saying that they had numerous complaints.   Yet, they aren't in writing, and your board makes CLAIMS of complaints, when they want a pet project, and to spend our money.

The subject of DeMarchi's drainage projects, if looked at thoroughly, does cause questions.  First, there were no complaints, that have been verified - none in writing!  What is one of the first things that we learn in business, and in life?  Document, document!  Not here!  Think that is being too hard on this board?   Let's just follow the drainage subject.  Many of us, have had to pay for our own drainage.  Yet, in the past, it could appear that if you live in DeMarchi's neighborhood, it is at our expense.  Doubtful?  Let's follow the board's own official record - the approved minutes.  Quotes from the minutes will be underlined.

March 2015
"Al reported that there are 7 drainage problems that have been identified within the plantation for which the WPA may have responsibility.  This will require a review by the entire board, bid specs and bids from possible contractors.  This will require approval and participation of the property owners adjacent to the proposed problem area."

April 2015
"No Report"

May 2015
"The drainage problems discussed at the April meeting will be pursued by various contractors."

At one point in all this, at a meeting I attended, DeMarchi mentions calls and drainage complaints, after the rains.  You've had the chance to review the official, approved minutes, now, WHEN DID YOUR BOARD, "review by the entire board, bid specs and bids from possible contractors.  This will require approval and participation of the property owners adjacent to the proposed problem area." It wasn't in my life time, because I checked the official record, and there wasn't any additional open board meetings, to cover this subject, which may indicate more of this board's back washing, approvals, and failing to follow through and report!

Take this one step further, because your board won't answer, when they want to just proceed with their own, often times, individually driven agenda.  Back to the gate house.  At the end of the May board meeting, during resident comments, a resident, not me, asked for an update on the gate house repairs.  The following statement/answer appears in the approved May minutes.  "It was stated that without Larry being at the meeting this will be discussed next month,"  I attended the June meeting, and it wasn't discussed at all!

Board members, McMillin and DeMarchi, I'm waiting for the same quick answers to my legitimate WRITTEN QUESTIONS, that you give to friends of board members.  I won't hold my breath, based on what we've seen in the official minutes, your approved minutes, today.  Residents, perhaps it is time that you wrote the board, documented their somewhat suspicious behaviors, and demanded some answers.

Thursday, July 2, 2015

THE WRITTEN LEGAL OPINION REGARDING LIENS FOR PENALTIES

I visited the WPA office on June 30th.  One of the items that I had requested review, and copy of, under the state law, provided to me by Board Member DeMarchi, was the legal opinion regarding Liens for Penalties.  I was provided a copy of the legal opinion.

HERE IS THE OPINION:
"Section 2 of your by-laws sates individual assessments relate to architectural review fees, lot maintenance, or any cost incurred.  Lot maintenance is an effort to keep up standards in your community.

Section 5 allows you to levy fines for violations of the conditions and covenants including monetary damages, etc.  It is my opinion you are able to impose a lien for penalties as a portion or item of regular assessments.  Additionally, you are entitled to foreclose on these items as a matter of law.  To do so, the POA would need to file a lis penned and lien as part of a foreclosure.

In conclusion, it is my opinion the POA may legally treat penalties levied against individuals for failing to maintain their lots under Section 2 and Section 5, as lienable amounts collectable as individual assessments."

COMMENTS:
First, I appreciated the board following the state law they had sent to me.  At the time, I met with President Walton, Vice President/Legal Chair, Garrison, and DeMarchi (unsure of his titles, at the time), and asked them what other resident that they had imposed state law on, regarding copies, etc.  There was a bold face lie, when I was told DeMarchi had never sent the law to me.  A copy of the email, including the law, has been attached to a previous article.  Later, when I requested copies again, I received a letter from Board Member Anderson, advising me that residents couldn't have copies, and board members couldn't either (Published in previous articles.)  Needless to say, I was delighted to receive my copy.

As  I read the legal opinion, that mentions individual assessment,  lot maintenance, liens, foreclosure, and the "effort to keep up standards in your community", I was surprised!  Why?  You could lose your home, in foreclosure, for failing to mow your grass, and pay the penalty fees, assessed by a board, that does so little in their "effort to keep up standards in your community"! 

Don't worry yet!  Recently, I was told about a situation in the condo area, so I'll have to call it a rumor.  It seems that there was a real mess outside of this particular condo.  Written notice was given, and some attempt was made by the owner to clean up some of the mess.  It wasn't nearly enough, so the responsible parties wanted to send another notice, and sought legal opinion before they did it.  The attorney decided to take a ride out, and view the situation.  After, the attorney's tour, it was advised that the responsible parties, leave it alone, as the attorney, had observed that some of the very concerns they had for the area in question, blatantly existed outside of other condos.  The governing group had failed to maintain the standards of the community consistently.  Your board has been failing to maintain the standards for a long time.  If you are ever confronted with this situation, don't hesitate to drive through our community, and take pictures.

I have a great vacant lot owner next to me.  They usually contract with McMillin's lawn mowing program, and the association grounds crew, mow their lot.  The lot has not been mowed since LAST SUMMER.  Imagine that!  What kind of standard is that?  This is what you get, when this board decides what the standards are.
STILL ON MCMILLIN'S VACANT LOT

THE LOT NEXT TO ME

THE EVER PRESENT TRACTOR AND PILE

When you leave the farm machinery parked on a vacant lot, allowed with this board's standards, what do you get?  A letter from a resident asking whether they can add chickens and pigs, to their yard.  Seriously, it happened and was reported at a board meeting, and the board laughed.  It really isn't a laughing matter, when the standards are as low as they are here!