The following are some reasons Heatherlea homeowners should read this (and all) Board meeting information packets:
- Records documenting the Association’s legal expenses over the past year prove the Board’s illegal activities gave rise to legal expenses, not this Blogger exposing the activities. Therefore, the Board members who engaged in illegal activities and have failed to resign, and each individual Association member is responsible for the legal expenses by failing to recall this Board.
- Records documenting the Association’s legal expenses prove the illegal Board failed to try to work out disputes with members before “going legal” incurring unnecessary legal expenses. Each individual Association member must pay for the Board’s irresponsible decisions (i.e. special assessments, dues increases). The Board always has the option of consulting an attorney if internal efforts to resolve disputes fail.
- The Association’s law firm failed to properly redact a document and Gina Spellman, Property Manager distributed the document to all Association members breaching members confidentiality. This is a violation of law. This is at least the third time confidentiality has been breached in regards to these members http://wp.me/p4aPaj-2V. The Association members pay for the services of this law firm and this property manager. The illegal Board continues to fail in their fiduciary duty to hold these “contractors” accountable (terminate their contracts) and the Association has failed to recall the Board. This leaves the Association and the individual Board members vulnerable to law suits. Can Heatherlea homeowners afford the costs of a law suit?
- The illegal Board continues to abuse the executive session privilege including failing to properly document their assembling in executive session http://wp.me/p4aPaj-6X.
- The illegal Board violated the law by failing to allow the membership a proper Board of Directors election. Now they are trying to appoint (with no legal authority to do so) a new member to the Board that will allow them to continue their illegal activities (most likely someone “completely in their court and awesome” http://wp.me/p4aPaj-xr). The Board had candidates interested in serving in November 2013, but because they did not like them, they postponed the illegal appointment of a new member giving them time to find someone “in their court.” For example, despite Nicole’s expressed and continuing desire to serve (and appropriate experience to do so) the Board clearly does not want Nicole as a Board member. They denied her a position on the Board previously and failed to appoint her in November. This Board definitely does not want someone with knowledge of the law and a desire for transparency to serve with them. [NOTE: Nicole and this Blogger both live at Heatherlea, but we are not “friends.” This blogger gathered the information regarding Nicole’s efforts to try and serve from the official records of the Association.] http://wp.me/p4aPaj-yE
- Gina Spellman, Property Manager, illegally denied this Blogger’s properly executed request for documents, specifically the variance request related to the missing wall http://wp.me/p4aPaj-z2 . Ms. Spellman has done so to cover up the fact that the Association cannot find the variance. The Association has a fiduciary duty to maintain the property. Failing to do so by allowing the removal of the wall resulted in one homeowner losing a buyer (and $10,000) and incurred, for the entire membership, legal fees, engineering fees and repair fees. Ms. Spellman was advised in writing that variance requests are the business of the Association and members are entitled to see the information requested. Variance requests are routinely included in the Board meeting packets and Association members see them all the time. The law dictates that the Association must respond to the request by producing the record. If there is no record, the Association must disclose that. The Association still has failed to produce the cost estimate for repairs to the affected unit(s) which the Association has been advised to pay. Has this amount been included in the budget?
- As of December 30, 2013, there is $2,352.78 in unpaid assessments. Will the illegal Board also “write off” this debt?
- On October 14. 2013, the Association paid an attorney $96.00 to write a response to a complaint [Internal Complaint against Heatherlea Board (8/31/2013) DPORCompBoard This was a internal complaint, part of a process developed by the Commonwealth to enable associations and their membership the opportunity to resolve conflicts without having to involve the courts. Nonetheless, the illegal Board chose not to seek resolution internally and immediately spent Association monies on legal counsel. On October 16, 2013, the Association attorneys again billed the Association $96.00 to revised the initial written response. Legal counsel responded to the internal complaint and included confidential information protected by law in the response. The confidential information was in no way related to the internal complaint, should never have been included and needed to be removed so the complainant could submit the response to the Virginia Department of Professional and Occupational Regulation (the next step in the internal complaint process) with the confidential information excluded. This is just one example of the Board’s poor business judgment, resulting in the Association paying for unnecessary and incompetent legal services. The Board could have written a response. Failing to do so, the Board should not have paid the attorney to revise a response that was written incorrectly in the first place. The Board has a fiduciary duty to spend Association money wisely. Documented in the November 14, 2013 Board meeting minutes, “the period’s deficit was higher than planned mostly due to continued very high legal costs” (asserted by the Treasurer – see previous posts regarding arrest). It seems that recalling this illegal Board (or better yet, their resignations), who continues to engage in illegal activities and poor business decisions incurring legal expenses, would solve many of this communities problems.
- Records documenting the Association’s legal expenses over the past year prove the Association’s attorneys have reviewed the Unofficial Heatherlea Blog https://tuhb.wordpress.com/ and no warning letters or legal actions related to libel have been sent or filed. Truth is an absolute defense to libel. Everything asserted on this Blog is the truth and whenever possible includes supporting evidence http://wp.me/P4aPaj-Ck The Board’s illegal activities and lack of transparency gave rise to the Unofficial Heatherlea Blog. Decisions by the Board to have the blog reviewed by counsel cost the Association $736.00. Of that $736.00, $512.00 was spent to “review unofficial blog for status of Board survey and challenges” http://wp.me/p4aPaj-fa Was this money well spent? It is the Board’s duty to represent the best interests of the Association. Was paying to have legal counsel review the Blog in the best interest of the Association or individual Board members’ best interests?
- The Association membership has been charged a $74,000 special assessment and a dues increase. Why? Records documenting the Association’s legal expenses over the past year (January 1, 2013 to December 31, 2013) prove payments totaling $31,300.02. The 2013 Association budget planned for $3000 in legal expenses. What is the additional $45,700.00 and dues increase suppose to cover? It is disingenuous for the Board to assert the special assessment is due to “higher than anticipated legal expenses for 2013 to respond to legal challenges posed by owners” when the Board engaged in illegal activities, made poor business decisions related to legal expenses and unnecessarily incurred legal expenses – and, the legal fees are not even half the amount charged for the special assessment. What is the majority of the special assessment for?