IT’S ABOUT GOVERNANCE, NOT WAKEBOATS
This page updated: March 16, 2022 rev 8 (rev0 thru rev7_)
Lake Auman Watch group has asked the Court to render a Summary Judgement for their Complaint at a hearing on March 17, 2022.
On March 14, 2022 the group of litigants (10 Community members), through counsel, submitted a brief to the Court outlining details pertinent to the Complaint.
The hearing (21 CVS 745) — Moore County Superior Court at 9:30AM, in Courtroom No. 202, Judge James M. Webb presiding – Carthage Court Bldg.
The brief, being made “public” by its submission to the Court, has been provided to the many supporters of LAKE AUMAN WATCH via email and is available for viewing here.
2022 – 03 – 14 PLAINTIFFS MEMORANDUM
Highlights of the Plaintiff’s Brief, filed March 14, 2022
- In the election of Directors (SLWLA Board of Directors) held in March of 2021, numerous ballots were cast by individuals/entities that did not pay the HOA Assessment fee for the lot(s) under their contrtol.
- The SLWLA Asosciation has a long, but legally recorded, history going back into the 1980’s involving many developer entities and combination of once separate other associations within today’s boundaries of SLW.
- In the trail of documents, Articles Of Incorporation, Declarations of Restrictive Covenants, and Bylaws, it is continuously specified that SLWLA has a SINGLE class of members – lot owners which are assessed a fee and the fee(s) are paid as ‘current’.
- Only MEMBERS in the single class of membership can vote, one vote per lot.
- In the same document trail, “Developers” are explicitly NOT members, AND, explicitly “can not vote”.
- As counted in the vote tally, at least 74 ballots came from owners (developers), builders, and other persons not authorized to vote.
- The 3rd Open Board vacancy was appointed as per the “THIRD HIGHEST VOTE TOTAL”. 75 invalid votes were tallied for the appointee, Niewald. Without the 74 invalid votes, Niewald tally was 399, third highest tally would have been 412 for M. Herdrich.
- Within days of election result anouncement, numerous comminity members requested clarification/detail re “developer voting”. Even an Audit of the election was requested. The BOD remained silent on ANY details, or follow-up.
- Nearly one year after the fraudulent election and after telling the community that the Complaint was “baseless”, the BOD now lists 40 “developer” ballots as invalid (valid originally).
- Board president, at the end of March 2021 sought information from “legal counsel” via an email exchange. That email exchange in no longer available as it was”destroyed” by the BOD President. Later, the same President contacted legal counsel, indicating that telephone be used so that “no email trail” would exist.
- Further, the BOD President has indicated that there IS a class of non-dues paying members having rights for full access to ALL amenities. It should also be noted that these non-dues paying members, in their voting, can approve the yearly Budget to which they do NOT contribute.
- With review of some documents provided by SLWLA to the plaintiffs, other voting irregularites clearly occurred, either as a failed control process, or ballots invalid for reasons other than mentioned above.
A very important question remains – those that manipulated the election had what purpose driving their actions ???
L.A.W. Eblast – published as needed
( previous Eblast(s) )