Reason for the Second Special Member’s Meeting:
Members of Pine Mountain POA have called another Special Membership Meeting to remove the Pine Mountain’s 2016-2017 Board of Directors. Our last board removal was reversed by Judge Hays, Burke County, on September 18, 2017, allowing Ray Hollowell his multiple votes because he did not receive a hearing per NC GS 47F-3-107.1. Judge Hays turned back the clock and put the 2016-2017 Board of Directors back in place – as it was prior to July 15, 2017 – erasing all actions accomplished by the Interim Board between July 15th and September 18th.
As most of you have figured out by now, especially since letters from the POA Office have reached your mailboxes… there will be a second Special Member’s Meeting held on November 4th at the South Mountain Fire Department at 10:00 am.
At the sign-in tables, members will receive a paddle with the number of authorized votes based on the number of lots they own and/or proxies assigned to them. All proxies are required to be processed through the POA Office for verification and logged in for counting purposes. (Please make sure you fill out the form completely – see Proxy Vote Instructions below.)
Lessons learned from our first Special Member’s Meeting:
- In order to cut down the time for members to sign in, we’re setting up two 6-foot tables with three members at each table to assist you. This should speed up the process and cut the sign-in time in half. A count of all members in attendance and represented will be taken to ensure a quorum has been met.
- A volunteer will be guarding the door — to ensure ALL members and attendees have signed in prior to entry. Any lawyer or attendee that is not a Pine Mountain Member will have to annotate, on the sign-in sheet, who they are representing. Attendees will not be allowed to vote for Pine Mountain Members.
- Each voting member will receive a paddle with a number of authorized votes. Authorized votes will be either or both depending on authorization:
- Number of lots
- Number of proxy votes
- Only one (1) member per household or entity will be considered a voting member, per NC GS 55A-7-21.
- Removal of all current directors from the board. This vote will determine if ALL Board of Directors and Officers of the Pine Mountain Board of Directors 2016-2017 will be removed from their position. If there is not enough votes to remove the Board of Directors, the Special Members Meeting will end with no further action.
- Instructions on the voting procedures will be announced – to ensure everyone understands. Questions and/or concerns about the voting procedures will be accepted at this time. All members in good standing or delinquent (see Delinquent Note) will be allowed to vote.
The purpose of this meeting is to:
- Remove all the current Board of Directors and its officers.
- Voting procedures and Vote in new Interim Board.
All other matters discussed will be part of the meeting record, but only these two purpose items can carry a vote, per NC GS 55A-7-02 and 55A-7-05.
Voting of new Interim Board: During the July 15th Special Members Meeting, an Interim Board was selected and voted on by all recognized voting members (in attendance or represented). The voting in new Interim Board will include the same 9-member panel elected on July 15th unless members of that panel remove themselves from consideration.
9-Member Interim Board:
Eight Members that have agreed to participate in the election scheduled for November 4th are:
- Hal Abernathy
- John Horton
- Valerie Kratzer
- Michael O’Hagan
- David Lankford
- Wanda Merical
- Jim Sayball
- Edie Stitt
Unless we hear from Jamie Raper that he accepts his previous position, his position will be opened to the floor asking for nominations followed by voting. If more than one person volunteers to hold this position — the individual that receives the most votes will be the winner.
Proxy Vote Instructions:
The Pine Mountain Property Owners Association Proxy Representation form is set up so each PM property owner, that is unable to attend the Special Members Meeting, can have their voices heard. The Proxy form has three empty lines in the beginning. These blank lines are for:
- Your name
- Your address
- The person you authorize to vote for you. You must select someone who will be attending the meeting that you feel will vote for your desires.
- Make sure you sign and date the form at the bottom
- The form must be hand-delivered, mailed, emailed or faxed to the Pine Mountain Office.
If for any reason you did not receive a copy of the Pine Mountain Property Owners Association Proxy Representation Form, click here: Nov 2017 Pine Mountain Proxy form
According to NC GS 47F-3-107.1 states “a hearing shall be held before the executive board…to determine if any lot owner should be fined or if planned community privileges or services should be suspended pursuant to the powers granted to the association in G.S. 47F-3-102(11) and (12).” “If it is decided that a suspension of planned community privileges … should be imposed, the suspension may be continued without further hearing until the violation or delinquency is cured.”
The only time a lot owner may appeal the decision is if they present their case to an Adjudicatory Panel, per NC GS 47F-3-107.1.
Therefore, any Pine Mountain property owner who is delinquent that has not received a “hearing” by either the Adjudicatory Panel or the Executive Board will be allowed to vote during the Special Members Meeting. Any lot owner who has had their voting rights and/or privileges suspended during or after receiving a hearing and given an opportunity to be heard will not be allowed to vote until which time their delinquency is paid in full.