The continuation of the 2016 Shadowmoss Plantation HOA Annual Meeting will commence at 6:30 PM on December 12th at Saint Andrews Methodist Church.
A Special Meeting was held October 12 to elect a new HOA board of directors. The vote was 344 in favor of replacing the old board to 5 in favor of keeping the old board in place. The old board filed a lawsuit against the newly elected board, claiming they did not follow the bylaws.
A meeting was held Thursday, November 3rd between representatives from the old board and the newly elected board of directors. No attorneys were present. This meeting was an effort to negotiate a resolution between the two boards in order for the neighborhood to unite and move forward. Unfortunately no agreement was reached. The treasurer of the old board walked out of the meeting, ending the negotiation.
Each board presented their conditions and a vision for a path forward. The old board offered to drop their lawsuit if the new board repeated their efforts of the past four months, gathering proxies again, and calling a second special meeting with a repeat of the vote. The old board offered to assist the new board in this effort to repeat what has just recently been completed. This was unacceptable to the new board.
The new board recommended a receiver to be appointed with instructions not to pay any lawyers out of HOA funds which is illegal according to our covenants and restrictions and bylaws. The new board also offered for both boards to step down and for representatives from both boards to be banned from running for the board seats for a period of at least five years if certain conditions were met.
Operations of the neighborhood, as proposed by the new board, will be handed over to an independent receiver for a specified period of time. The receiver will have control of the checking account, in lieu of CMG having control of our checking account as they do today, and the receiver will pay normal and customary bills such as the power company and lawn maintenance and pond maintenance but would not be allowed to pay any lawyers which has been the practice of the old board who have paid at least $43,000.00 of our HOA funds to a lawyer so far this year.
This receiver then would hold a special election, at which time a new board of directors would be elected. The old board continues to contest the special meeting and election that was held on October 12th, 2016 where 344 members voted to replace the old board and 5 voted to keep them, as an invalid meeting and is unwilling to compromise for the betterment of the neighborhood. The meeting was prematurely terminated by the treasurer of the old board, and no compromise was reached.
A meeting was organized and held by the newly elected HOA board where attorney Eric Laquiere answered questions about the lawsuits filed by both boards. He explained that our covenants take precedence over bylaws which take precedence over board resolutions and the covenants call for HOA funds to be spent only on the safety and welfare of the members, grounds maintenance and pond maintenance. He also explained that according to our governing documents, dues may only be increased by 5% at a time so when they were doubled from $100.00 a year to $200.00 a year was improper and illegal. He further explained that all the money paid to attorneys is also illegal.
The new board encourages members of the HOA to attend the annual HOA Membership meeting. The meeting will be held 7:00pm Wednesday November 9th at Drayton Hall Elementary School. If you unable to attend, in order to reach a meeting quorum, please fill out a proxy form online by CLICKING HERE.. Even if you completed a proxy sent to you by CMG, or you completed one online for CMG who has been sending out multiple email messages saying you must complete one, please sign the new board’s proxy. As you are aware the old board has filed a lawsuit against individuals of the new board. A judge initially denied their motion but a hearing is currently scheduled for Thursday November 10th.
It’s time to drain the swamp in the neighborhood and get a fresh start where people treat people as friends and neighbors and the sooner the better!
We will continue to keep you updated on all Shadowmoss Plantation matters at www.ShadowmossHOA.com as well as on social media.
Your New Shadowmoss Plantation HOA Board of Directors