March 21, 2015 – The rumor and misinformation “pods” have been bursting in the spring sunshine. 

Enough community voices were raised against this proposal, to persuade the BOD to remove the $2M budget item from consideration. Each property owner’s dues was accordingly reduced by $31.87.

Please log on to your POA website to read Chris Skrotsky’s more detailed explanation in her Notes to Accompany Final Budget for 2015.

1. The POA is currently NOT paying taxes on foreclosed properties. Our County Commissioner Tom Mark and our POA president have asked their respective attorneys to reach an agreement on how best to proceed. On the POA web site, the BOD promises to inform the community when a resolution is reached.

• A property committee is working with our POA attorney to legally dispose of the properties. Three local realtors from the Cooperative Business Council of Fairfield Harbour will work on a rotating basis to offer the properties for sale. Neighbors of these properties will be notified before any sales, and the properties will be offered gradually, so that the market will not be unduly affected.

• Attorney fees, court costs, foreclosure costs vary, but all fold into the cost of the lots. The POA goal, of course, is to recover these costs by adding them to the price of the lot(s). If the lot is sold to a dues paying owner, we will be “ahead of the game!” In some cases where it makes sense, the lots may be “bundled” for sale.

• The POA can not accept a property with a lien as a gift. The POA has, however, foreclosed on properties with attached liens. In these cases, the POA has invited the owners to help save foreclosure costs and improve their own credit rating by offering the deed instead of having both parties go through the foreclosure process.

• Doesn’t acquiring foreclosed properties violate the Wainwright Decision?

Judge Wainwright’s ruling states that the POA cannot use dues to acquire real property. It does not apply to acquiring foreclosed properties using non-dues income.

• Once the POA acquires a property, the foreclosed property will NOT be voted. Although we are a pre-1999 community, and not governed by all of the North Carolina Planned Communities Act, our POA-BOD has voluntarily complied with Ruling 47F which forbids Directors from voting the properties acquired by foreclosure. A resolution to that effect is posted to the POA web site.

• Who is Hope Carmichael , and why did the BOD hire her? Do we really need another lawyer? The BOD chose Hope Carmichael, one of the top collections attorneys in North Carolina, and is very happy with her. Previous BODs hadn’t pursued non-dues paying owners as actively as recent BODs, leaving the community to make up the difference. The present BOD is determined that everyone capable of paying dues bears his/her share.

continued

Our BOD is responsible for the financial business of the community. Our Treasurer and Finance Committee advises and the BOD decides and approves. CAS is employed by the POA to do the bookkeeping. The audit by our own CPA insures that CAS bookkeeping is accurate. The two are separate and distinct from each other.

• Our new website should be ready by mid-April. The delay was caused by an unexpected change in CAS software and coding had to be modified.

Your POA BOD Directors are our, and your neighbors and are all dues-paying property owners. They are volunteers who serve our community with honestly, and with integrity. An independent audit conducted annually insures that our community business is conducted properly. Unfortunately, that hasn’t stopped certain parties from trying to prove otherwise. A resident has made accusations and has called for POA financial records. These are being provided, as required under NC state law. The obvious goal of the accuser and his/her supporters is intimidation. The result? More legal bills for our community.

CAS also conducts regular audits and maintains oversight over all its employees. But, despite this insurance of integrity, certain whispers have been overheard within the community.

1.    Did Community Manager Mystre’ Van Horn’s use of the Community Center for her wedding violate any part of our DOR’s?

NO. We cite the DOR’s:

Use of the POA’s facilities is restricted to members of the POA. Guests are welcome, but the facility must be reserved by a POA member who will be in attendance for the duration of the event. The POA member who reserves the facility is reminded that he or she is responsible for the actions of anyone they invite onto POA property.

Property owner Chris Skrotsky reserved the Center, and was in attendance throughout the usage, as were many other property owners.

Mystre’ paid the movers and rented a U-Haul when she relocated. She was granted permission to use a POA truck for one load and reimbursed the POA for the gas.

Please see the Q&As on the POA website http://www.hoatown.com/fhpoa for more detailed explanations, and help us

keep truth in Fairfield Harbour.