Post by Shauna on Sept 10, 2013 10:29:30 GMT -5
Yesterday morning I sent a request to Elina Green, Jenny Thacker, and Martin Davis to allow me to review the records of the GHPOA both the minutes and the financial records for the last couple of years. These records have not been properly posted for the members for quite some time. All members have a right to make this request by law and the GHPOA has the responsibility by law to allow the records to be examined by any member upon request. I asked for one of them to get in touch with me by this morning and let me know the date by which I could look at the records or whether they would be sending the records within the 5 days prescribed by WV Law or at least and acknowledgement that they has received my request. No one has gotten in touch to respond. As promised, I am posting my letter to them here for the members to read.
I truly believe the board has a responsibility to be more responsive to it's members. My purpose in asking to see the records is to help the GHPOA by offering professional advice free of charge should anything need to be changed to bring us into compliance with the law. I have nothing nefarious in mind.
Here is the letter to which I received no response:
On Sep 9, 2013, at 11:27 AM, Glen Haven Residents <shaunajohnstone@ymail.com> wrote:
Dear Elina, Jenny, Martin and members of the GHPOA,
As you know, I am a proponent of getting this fight (GHPOA vs. Yuen) over with. I don't think we should be heading down the road toward a lawsuit which will be both painful and expensive. Change happens. No one likes change but it is inevitable and we most likely have to live with it. It is important that GH has good neighbors and good feelings toward each other. Actually, if anyone has room to speak, I haven't been treated very nicely by many folks in the community since I helped facilitate having the roads paved, however the test of time has proven that we could not have afforded to do so if we had waited. I would certainly like to see neighbors actually act like neighbors and share some of the love of Christ as many of us were taught to do toward all people in our neighborhood instead of clique against clique. I actually would like to have good relations and an opportunity to show kindness and friendship to everyone here.
I have posted the applicable laws on the Glen Haven forum stating that members of this association are entitled to view the records of the association upon request, and so far the association hasn't made this possible. Elina has told me that your attorney, B. Hampstead advised you to share these documents. Jenny told me that the reason that you don't is that if Koo finds out how much we have, he will sue us for that much. Lawsuits don't work that way. As you know, I was recently sued, and the initial demand was 4 million dollars. I certainly don't have that much. Fear of a lawsuit does not affect your duty to share the records with your members. Additionally, if GHPOA is served, the first thing that will occur is that the lawyer will subpoena the records in discovery and you will have to produce them. They will then be public. This is not a nice process. Please don't take us there.
I am asking that you work out something with Mr. Yuen that settles this mess and quickly, PLEASE.
As a former board President and GHPOA member in good standing for the past 18 years, I am requesting the following documents either in copy or to review in person in a mutually agreeable place within the next 5 business days.
1) All financial records dating from April 1, 2011.
2) Membership rolls for 2011, 2012, 2013
3) All minutes of the board and the association for 2011, 2012, and 2013
My bona fide goodwill purpose is to ensure that the GHPOA is in compliance with the statutes of the State of West Virginia and the regulations of the Federal Internal Revenue Service. I do not intend at this point to share these records with the association at large. I assure you that I am not involved in any lawsuit with the GHPOA or any person on the board of the same, and have no plans of becoming involved in such. Please either provide these records for my review at 75 Mason Drive, Harpers Ferry, WV 25425, phone number 304-885-0046, or advise me of the place and time at which I may review these records by Monday, September 16th, which is the legally required 5 days’ notice.
I will wait until 9 am tomorrow (Tuesday, September 10th) for a satisfactory response from one or more of you before posting this on the forum as I don't wish to cause any more sensationalism.
Shauna
I truly believe the board has a responsibility to be more responsive to it's members. My purpose in asking to see the records is to help the GHPOA by offering professional advice free of charge should anything need to be changed to bring us into compliance with the law. I have nothing nefarious in mind.
Here is the letter to which I received no response:
On Sep 9, 2013, at 11:27 AM, Glen Haven Residents <shaunajohnstone@ymail.com> wrote:
Dear Elina, Jenny, Martin and members of the GHPOA,
As you know, I am a proponent of getting this fight (GHPOA vs. Yuen) over with. I don't think we should be heading down the road toward a lawsuit which will be both painful and expensive. Change happens. No one likes change but it is inevitable and we most likely have to live with it. It is important that GH has good neighbors and good feelings toward each other. Actually, if anyone has room to speak, I haven't been treated very nicely by many folks in the community since I helped facilitate having the roads paved, however the test of time has proven that we could not have afforded to do so if we had waited. I would certainly like to see neighbors actually act like neighbors and share some of the love of Christ as many of us were taught to do toward all people in our neighborhood instead of clique against clique. I actually would like to have good relations and an opportunity to show kindness and friendship to everyone here.
I have posted the applicable laws on the Glen Haven forum stating that members of this association are entitled to view the records of the association upon request, and so far the association hasn't made this possible. Elina has told me that your attorney, B. Hampstead advised you to share these documents. Jenny told me that the reason that you don't is that if Koo finds out how much we have, he will sue us for that much. Lawsuits don't work that way. As you know, I was recently sued, and the initial demand was 4 million dollars. I certainly don't have that much. Fear of a lawsuit does not affect your duty to share the records with your members. Additionally, if GHPOA is served, the first thing that will occur is that the lawyer will subpoena the records in discovery and you will have to produce them. They will then be public. This is not a nice process. Please don't take us there.
I am asking that you work out something with Mr. Yuen that settles this mess and quickly, PLEASE.
As a former board President and GHPOA member in good standing for the past 18 years, I am requesting the following documents either in copy or to review in person in a mutually agreeable place within the next 5 business days.
1) All financial records dating from April 1, 2011.
2) Membership rolls for 2011, 2012, 2013
3) All minutes of the board and the association for 2011, 2012, and 2013
My bona fide goodwill purpose is to ensure that the GHPOA is in compliance with the statutes of the State of West Virginia and the regulations of the Federal Internal Revenue Service. I do not intend at this point to share these records with the association at large. I assure you that I am not involved in any lawsuit with the GHPOA or any person on the board of the same, and have no plans of becoming involved in such. Please either provide these records for my review at 75 Mason Drive, Harpers Ferry, WV 25425, phone number 304-885-0046, or advise me of the place and time at which I may review these records by Monday, September 16th, which is the legally required 5 days’ notice.
I will wait until 9 am tomorrow (Tuesday, September 10th) for a satisfactory response from one or more of you before posting this on the forum as I don't wish to cause any more sensationalism.
Shauna