Some of you are probably wondering: “What in the world is happening on Pine Mountain?” while others are in the middle or thick of it. Let me explain what’s happened, where we are and where we’re going.
As you’re aware – some of our 2016-2017 Board of Directors decided that our June election was in proper and put a halt to calculating our votes to elect new board members – that was just the beginning. It was also announced that since the lawsuit on the mountain had a major impact on a few individuals, it was best to leave the board as it was until the lawsuit was over – no matter how long it took.
In the meantime or background in the lawyer’s offices and courtrooms – the lawsuit was being held up with extension on top of extension and delay tactic after delay tactic. Absolutely no end in sight for either side.
Due to the awkward lack of a Board, Members took charge using Pine Mountain’s governing documents and North Carolina Governing Statutes and removed the 2016-2017 Board of Directors on July 15th with a new Interim Board. Using the excuse the 2016-2017 Board of Directors did not provide a hearing, Ray Hollowell took the POA to court and have the Interim Board removed completely, on September 18th, and return the 2016-2017 Board as it was prior to July 15th.
Let me explain. According to NC GS 47F-3-107.1 “Unless a specific procedure for the imposition of fines or suspension of planned community privileges or services is provided for in the declaration (Covenants and Restrictions, Part 4, Article III), a hearing shall be held before the Executive Board (Board of Directors) or an Adjudicatory Panel… The lot owner charged shall be given notice of the charge (delinquency or any other rule broken), opportunity to be heard (a meeting is arranged) to present evidence, and a notice of the decision.” Here’s where it becomes serious: “If it is decided that a suspension of planned community privileges or services should be imposed, the suspension may be continued without further hearing until the violation or delinquency is cured.”
(I’m guessing someone doesn’t understand that our declaration has a specific procedure to suspend the violator from all Association rights and privileges for any infraction against the Declaration.)
In order for the 2016-2017 Board to start putting things right, the returned Board held a private hearing for Ray Hollowell on October 9th. (hearing minutes) During this hearing, Mr. Hollowell had the right to speak, call his lawyer and provide evidence against his charge. Mr. Hollowell was given the 4-3 vote in favor of suspending all his voting rights and community privileges until all delinquent funds are paid in full.
On October 10th, an illegal meeting was held in Charlotte, NC under the guise of a “Special Meeting” to provide Mr. Ray Hollowell Jr., and all his entities a hearing. To review the contents of this meeting, please click 10-17-2017. The number of items concerning this meeting that are/were legally wrong are too long to mention here.
By 10:30am, November 4th, the Members of Pine Mountain had removed the 2016-2017 Board of Directors and re-elected the 2017-2018 Interim Board. In an effort to catch up on where the Interim Board left off in September – last night, November 13th, the following Agenda pretty much covers all the discussions held within an hour. Everyone in attendance was extremely pleased to be back on track.
Our next meeting will be this Saturday, November 18th at 10:00 am at the POA Office, about the Annual Assessment for 2018 and how it will affect all members of Pine Mountain. Please contact Patti at the Office to let her know you’ll be attending so you can receive a copy of the budget changes and updates.
Above all else – everyone that has been an active participant in helping raise this mountainous community up out of the dreadlocks of non-functioning boards of the past — You are highly appreciated in all you’ve completed in the past and are doing today and plan on doing in our future. Our success is not from one person but from all your help – no matter how great or how small.