Post by Shauna on Sept 19, 2013 10:37:26 GMT -5
“When bad men combine, the good must associate; else they will fall one by one, an unpitied sacrifice in a contemptible struggle.”
Edmund Burke's speech of 23 April 1770, "Thoughts on the Cause of the Present Discontents," delivered to the House of Commons
There just seems to be lots of misinformation going around Glen Haven with regard to my request for the records of the association lately. To set the record straight, I have one interest in the community’s current unfortunate conflict. I want the GHPOA Board to release the documents which BELONG to every member (and resident) of Glen Haven, BY LAW.
The Members ARE the Association, we pay the dues, we own all the documents, we have a right to know how much money we have, whether our records are accurate, how our money is being spent, who is being paid, who our members are and are not, and whether we are acting within state and federal laws. Although we are extremely grateful for the work the board does, we did not elect royalty to rule over our records, we elected representatives. We have a right to have minutes of Board meetings timely posted for all to see, and the financial records (all of them) available for review upon request.
I clearly and truthfully assure you that I am acting on my own as a member and not on behalf of any other person except my husband William Johnstone, CPA, MBA.
On September 9th I sent a legal request to the GHPOA board which precisely followed WV State codes 31, and 36 governing non-profits and HOA’s as well as the Internal Revenue code governing 501-(C)-3’s, requesting to either have copies of, or view the records of the association, to which I am entitled as a member BY LAW. I did not go through a lawyer as this is not necessary, and should not be necessary. Truly, I should simply be able to ask and view records without a written request if all was as it should be.
My request has been totally ignored by the members of the GHPOA.
I am a degreed accountant with 31 years’ experience. My husband is an MBA, CPA Professor of Accounting. Our interest is to review the records and ensure that the association is in compliance with all applicable laws in order to maintain or 501-(C)-3 non-profit status and if not, to offer advice and assistance to correct any deficiencies. That is all. Period. I am a past President of the Association. I helped facilitate having the roads paved. I have been a member in good standing for the past 18 years. We have a bona-fide right to view the records of the association.
We do this for the benefit of the association. In most POA’s and HOA’s there is an annual audit of the records performed by a CPA. We have never done this to my knowledge. This is another reason I would like to view the records on BEHALF of the MEMBERS of the association. Not to point fingers but possibly to assist in the correction of errors.
Anyone stating otherwise is wrong, being misinformed or deriving the wrong impression. There is no need for a lawyer to defend the association against my request as I am not in opposition to the association, but a friend to it. Please don’t spend any money time or effort on any such action.
Cutting grass and planting flowers are the wonderful and appreciated talents of others in our community. Accounting and Computer Systems work is my talent and I am attempting to donate this to the community.
I believe it is fear of the unknown that is creating the current atmosphere of animosity in the community with regard to the release of records. I reach out as a friend of the community and to everyone in the community as I always have been and offer my services.
Please GHPOA board, we know you love the community, so do the right thing. Make ALL those records available right away including bank statements and checkbooks (not just a sampling of meaningless papers) so that the people of Glen Haven can be comfortable that we are in legal compliance and our community investment is safe.
Again, it is just the right thing to do.
Shauna Johnstone
Edmund Burke's speech of 23 April 1770, "Thoughts on the Cause of the Present Discontents," delivered to the House of Commons
There just seems to be lots of misinformation going around Glen Haven with regard to my request for the records of the association lately. To set the record straight, I have one interest in the community’s current unfortunate conflict. I want the GHPOA Board to release the documents which BELONG to every member (and resident) of Glen Haven, BY LAW.
The Members ARE the Association, we pay the dues, we own all the documents, we have a right to know how much money we have, whether our records are accurate, how our money is being spent, who is being paid, who our members are and are not, and whether we are acting within state and federal laws. Although we are extremely grateful for the work the board does, we did not elect royalty to rule over our records, we elected representatives. We have a right to have minutes of Board meetings timely posted for all to see, and the financial records (all of them) available for review upon request.
I clearly and truthfully assure you that I am acting on my own as a member and not on behalf of any other person except my husband William Johnstone, CPA, MBA.
On September 9th I sent a legal request to the GHPOA board which precisely followed WV State codes 31, and 36 governing non-profits and HOA’s as well as the Internal Revenue code governing 501-(C)-3’s, requesting to either have copies of, or view the records of the association, to which I am entitled as a member BY LAW. I did not go through a lawyer as this is not necessary, and should not be necessary. Truly, I should simply be able to ask and view records without a written request if all was as it should be.
My request has been totally ignored by the members of the GHPOA.
I am a degreed accountant with 31 years’ experience. My husband is an MBA, CPA Professor of Accounting. Our interest is to review the records and ensure that the association is in compliance with all applicable laws in order to maintain or 501-(C)-3 non-profit status and if not, to offer advice and assistance to correct any deficiencies. That is all. Period. I am a past President of the Association. I helped facilitate having the roads paved. I have been a member in good standing for the past 18 years. We have a bona-fide right to view the records of the association.
We do this for the benefit of the association. In most POA’s and HOA’s there is an annual audit of the records performed by a CPA. We have never done this to my knowledge. This is another reason I would like to view the records on BEHALF of the MEMBERS of the association. Not to point fingers but possibly to assist in the correction of errors.
Anyone stating otherwise is wrong, being misinformed or deriving the wrong impression. There is no need for a lawyer to defend the association against my request as I am not in opposition to the association, but a friend to it. Please don’t spend any money time or effort on any such action.
Cutting grass and planting flowers are the wonderful and appreciated talents of others in our community. Accounting and Computer Systems work is my talent and I am attempting to donate this to the community.
I believe it is fear of the unknown that is creating the current atmosphere of animosity in the community with regard to the release of records. I reach out as a friend of the community and to everyone in the community as I always have been and offer my services.
Please GHPOA board, we know you love the community, so do the right thing. Make ALL those records available right away including bank statements and checkbooks (not just a sampling of meaningless papers) so that the people of Glen Haven can be comfortable that we are in legal compliance and our community investment is safe.
Again, it is just the right thing to do.
Shauna Johnstone
