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NOVEMBER 8, 2008
Call to Order: The meeting was called to order at 2:36pm by Jeanette Jones.
Introductions: Jeanette welcomed everyone in attendance and certified that a quorum was
present. Ms. Jones introduced Staci Gelfound, President of AIMS, LLC and George
Nowack, Association Legal Counsel.
Staci Gelfound spoke about her background including twenty years of community
management experience, national faculty member of Community Association Institute and
serving on the Board of the Washington Metro Chapter of Community Association
Institute.
George Nowack spoke about his background including twenty-eight years in community
association law. Mr. Nowack is currently the Dean of the College of Association Lawyers
through Community Association Institute. He was hired to represent the Corporation of
Bridge Pointe Homeowners Association through its Board of Directors. The Board has an
obligation and duty to represent the Association to the benefit of the Association. Mr.
Nowack stated that his role was to make sure that the Association acts within the law and
fiduciary duty. The Board owes a duty of loyalty to the Association and decisions must not
be made in the interest of Land Resources. He has no allegiance to Land Resources or
Association Integrated Management Services, LLC.
Mr. Nowack informed the owners that Land Resources and 35 other LLC’s had filed
bankruptcy on 10/31/2008. This filing did not include the Association itself.
Treasurer Report: Ms. Jones reviewed the September 2008 financials as created by outhern
HOA Management as part of their responsibilities during the change of management
companies. An audit will be performed of the books and records of the association and a
final copy will be provided to all owners.
She noted that Management will be working with legal counsel to collect the current
accounts receivable which will include placing liens on lots and personally suing owners
for the delinquent assessments. George Nowack stated that there is no legal reason to stop
paying assessments.
George Nowack spoke about the running of the Association by the Board of Directors.
Isn’t there a conflict of interest? No, a conflict of interest only exists when the interest in
two different corporations is not disclosed. Since there is disclosure, no conflict exists. All
community association documents have declarant representatives serve on the Board of
Directors during the declarant control period.
Mr. Nowack discussed the period of Developer control which is 90% of lots sold or 20
years.
Appointment of Board Members: Ms. Jones indicated that the current board members
appointed by the Developer would like to resign and appoint three lot owners to the Board.
This would be an appointment by the Developer and not an election by the community. Lot
Owners who are interested on being appointed to the Board should submit the enclosed
application to AIMS, LLC no later than December 31, 2008. The Developer will still retain
control over the association.
A question was raised about SHOA Management and their relationship with AIM Services.
Staci Gelfound stated that she had no prior knowledge of SHOA or Land Resources prior
to being contacted in early August to bid on assignment of their management contracts.
She was awarded the contracts and assumed the responsibility of the management of the
association on Monday, September 22, 2008.
2009 Budget: Since the Board of Directors has not approved the 2009 budget; the fees will
remain at the 2008 rate.
A comment was made about appealing the tax assessment. It’s too late for this year but
owners should begin the process of appealing next year’s taxes.
A question was raised about the Hickory Bluff marina and how owners would use. It is a
membership basis and anyone can purchase membership.
Will a new developer complete the community as promised? Any developer would be
bound by the Covenants of the Association.