New Board Fining Policy

After reappointing themselves by denying all other candidates the right to run, the 2019 Board has ramped up its efforts to collect $1,000 fines plus legal fees after first notice, denying due process, just for innocent failures to follow illegal rules.

Since January 17, when the roll-over Board’s new fining policy was first revealed in public, its illegal persecution for violations of its procedures has multiplied. Fines of $1,000 plus legal fees are imposed immediately, in many cases with demands to waive our constitutional right to a hearing before a NON-Board impartial Violations Committee. The Board can then proceed to file a lien on title to later confiscate your home for resale. Next Gen Management posted a warning last week to the clubhouse mail room.

Most fines are based on this Board’s Corporate Screening Resolution recorded in May, 2018 without any review by membership. President Terry Moody wants to decide who can live in Holly Lake by screening potential buyers, renters, and even existing residents who inherited their homes or were named on titles after divorce. But to enforce her May 2018 resolution, our Declaration of Covenants must first permit screening. The Board has been told by 3 separate law firms that Covenant authority is lacking. Also, our Association has no authority to demand $100/person screening fees.

Outsourced to Tenant Evaluations LLC, the new 4-page background checks are not just for criminal records. Instead, all applicants must reveal their current employment and financial histories, description of pets and vehicles, and two independent references. These are subjective rejection criteria that invite discrimination. If a new buyer later fails to pay dues, or if his renter misbehaves, the Board already has many legal remedies in PPines City Code, our By-laws (last amended 2010) and Rules & Regulations (last recorded 9/2014). Moreover, a signed contract is required before the Board will review any applicant’s fitness for residency. Most real estate contracts have short deadlines; many will expire while the Board delays its decision with added questions, forcing applicants to move in or else become homeless. These “undocumented” move-ins, some dating back years prior to the May 2018 Resolution, are then cited as reason to fine $1000 now.

Such Board over-reach extends to demands to approve quick claim deeds among family members, or to deny use of LLC’s to avoid probate and excess liability. These are common legal ways among Holly Lakers to reduce legal risk and fees. Despite no complaints from neighbors nor evidence of harm to the community, the Board has demanded $1000 fines.

You could be a victim tomorrow of such legal abuse. If so, you’re invited to read the resources and “real news” available at advocacy website Holly Lake Voice at https//hollylakevoice.com If you need immediate help, you can contact us at michener@bellsouth.net

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