Post by leokeeler on Dec 17, 2015 19:28:11 GMT -7
I am saddened by the fact I have to make a second request for access to information in Late Assessment Payment Plans some Landowners have had to enter into with the GLA Board. At the December 7th, Board meeting I was told I would be sent a spreadsheet as the fullfillment of my request to see the Late Assessment Payment Plans the Board had completed. The spreadsheet I received had minimal information so the following is what I sent the Board.
My E-Mail to the Board:
To: Rudy and/or Karleen
For Member Information I am sending this to: info@glastonburylandownersforpositivechange.wordpress.com; nghilltopgroup@gmail.com; theirishpossee@gmail.com
Thanks you for sending me the Excel spread sheet with portions of the information I had hoped to see when I reviewed the actual late assessment payment plans I had requested back on November 9th. Unfortunately this spread sheet is greatly lacking the critical information of: 1) beginning amounts as calculated per Covenant 11.06; 2) interest rate to be applied to the beginning amount and through the life of the contract, and 3) anticipated length of the contract. Information I felt was commonly known as critical to any contract interpretation and information I was seeking. Unfortunately during the Board meeting on Dec. 7th, I was lured into accepting that the information I sought, and more, would be delivered in the spread sheet.
Since these three critical items were not included, I now feel disrespected and basically lied to. However, I am willing to allow the Board two options to fulfill my original request. 1) Complete the spreadsheet by inserting the following: a; total assessments, with interest, due when the contract was signed; b) interest rates used to calculate the total amount due for each debt before signing; c) interest rate for each contract; and d. duration of each contract based on minimum payments to be made. Option number 2 is to process the document request below that is being made based on State Law. Because my original request was made November 9th, I must ask that the timeline stated under State law become the deadline for responding to either option 1 or 2.
So that all Board members know, I was shocked to total the balance due column of the spreadsheet and find it showing only $36,818.18 remaining due to GLA from late assessment payments. There have been numerous discussions at Board meetings about past due assessments, including over $271,000 being shown in Accounts Receivable on the Balance Sheet dated November 30, 2015, which was presented to Members at the December 7th Board Meeting. Since $36,818 is all that is on payment plans, then approximately $234,000 is outstanding debt that has grown through many years apparently has never been pursued.
In order to understand the scope of this $ 234,000+ debt I am including a 2nd document request for the 2013, 2014, and 2015 Annual Delinquent Accounts report required by the GLA Assessment Policy. The form necessary to receive those reports is shown below.
Unfortunately I must believe there is an effort underway to hide what interest rates are used for each individual late payment plan and the timeline required to pay off the debt. However, I am willing to accept the spreadsheet being corrected and sent to me again as long as it is done within the timeline allowed to fulfill the document request filed under State law, which is below. To assure I am following GLA’s policies, I submit the Document Request below under State law 35-2-907 stating in critical part “a member is entitled to inspect and copy, at a reasonable time and location specified by the corporation, any of the records of the corporation described in 35-2-906(5)” and State Law 35-2-906(5)(c) which states “(5) A corporation shall keep a copy of the following records at its principal office or a location from which the records may be recovered within 2 business days: (c) resolutions adopted by its board of directors relating to the characteristics, qualifications, rights, limitations and obligations of members or any class or category of members;” (emphasis added)
In this document request, i am specifically asking for copies of the actual contracts signed, the minutes of meetings and any other documents pertaining to resolutions passed by the Board enabling or discussing entering into late assessment payment plans or agreements between the Association and a Member.
The required Document Request Forms are attached as JPG photo files.
My E-Mail to the Board:
To: Rudy and/or Karleen
For Member Information I am sending this to: info@glastonburylandownersforpositivechange.wordpress.com; nghilltopgroup@gmail.com; theirishpossee@gmail.com
Thanks you for sending me the Excel spread sheet with portions of the information I had hoped to see when I reviewed the actual late assessment payment plans I had requested back on November 9th. Unfortunately this spread sheet is greatly lacking the critical information of: 1) beginning amounts as calculated per Covenant 11.06; 2) interest rate to be applied to the beginning amount and through the life of the contract, and 3) anticipated length of the contract. Information I felt was commonly known as critical to any contract interpretation and information I was seeking. Unfortunately during the Board meeting on Dec. 7th, I was lured into accepting that the information I sought, and more, would be delivered in the spread sheet.
Since these three critical items were not included, I now feel disrespected and basically lied to. However, I am willing to allow the Board two options to fulfill my original request. 1) Complete the spreadsheet by inserting the following: a; total assessments, with interest, due when the contract was signed; b) interest rates used to calculate the total amount due for each debt before signing; c) interest rate for each contract; and d. duration of each contract based on minimum payments to be made. Option number 2 is to process the document request below that is being made based on State Law. Because my original request was made November 9th, I must ask that the timeline stated under State law become the deadline for responding to either option 1 or 2.
So that all Board members know, I was shocked to total the balance due column of the spreadsheet and find it showing only $36,818.18 remaining due to GLA from late assessment payments. There have been numerous discussions at Board meetings about past due assessments, including over $271,000 being shown in Accounts Receivable on the Balance Sheet dated November 30, 2015, which was presented to Members at the December 7th Board Meeting. Since $36,818 is all that is on payment plans, then approximately $234,000 is outstanding debt that has grown through many years apparently has never been pursued.
In order to understand the scope of this $ 234,000+ debt I am including a 2nd document request for the 2013, 2014, and 2015 Annual Delinquent Accounts report required by the GLA Assessment Policy. The form necessary to receive those reports is shown below.
Unfortunately I must believe there is an effort underway to hide what interest rates are used for each individual late payment plan and the timeline required to pay off the debt. However, I am willing to accept the spreadsheet being corrected and sent to me again as long as it is done within the timeline allowed to fulfill the document request filed under State law, which is below. To assure I am following GLA’s policies, I submit the Document Request below under State law 35-2-907 stating in critical part “a member is entitled to inspect and copy, at a reasonable time and location specified by the corporation, any of the records of the corporation described in 35-2-906(5)” and State Law 35-2-906(5)(c) which states “(5) A corporation shall keep a copy of the following records at its principal office or a location from which the records may be recovered within 2 business days: (c) resolutions adopted by its board of directors relating to the characteristics, qualifications, rights, limitations and obligations of members or any class or category of members;” (emphasis added)
In this document request, i am specifically asking for copies of the actual contracts signed, the minutes of meetings and any other documents pertaining to resolutions passed by the Board enabling or discussing entering into late assessment payment plans or agreements between the Association and a Member.
The required Document Request Forms are attached as JPG photo files.
Attachments:
