This information is what I observed, what I could get confirmation of, and what I think about it. It is entirely independent of the Orchard Farms HOA Board. My comments and opinions are in italics.
Due
to the expense of copying and my commitment to conserving materials, I will rarely distribute a paper copy of my summaries. If you would like one, email me and I'll print one for you.
The meeting
started 20 minutes late due to an executive session. As I understand it, the
purpose of that meeting was to “censor” Mark Balcer for filing a complaint
against the board with the South Carolina Consumer Affairs Department. A copy
of that complaint is included at the end of this document.
Guest Time
A homeowner spoke in favor of raising dues, prohibiting
parking in the street, and not allowing dogs to be off-leash.
Several guests discussed the landscapers
parking large vehicles at the entrances and blocking safe traffic flow.
Jim Donahue spoke against the complaint filed
with the South Carolina Department of Consumer Affairs and stated that he
didn’t want the county or state ever involved in HOA activities. He also spoke
against the flyer that I distribute calling it all lies and attacks and stated that
issues should be dealt with internally.
If the issues in
the complaint had been resolved internally, no complaint would have been filed.
The complaint is a public record on the South Carolina Department of Consumer
Affairs website. If you would like a pdf copy of the complaint, let me know via email (johnniemckenzie@att.net).
Mr. Donahue also
threatened to sue me for putting material in the newspaper box under our
mailboxes, which is legal. Open, honest, respectful interaction -- that’s how
problems get resolved. Several homeowners objected to my putting the flyer in
their newspaper box and Mattias Schmid and Doug Blake requested that I not put
one in theirs again.
Meeting Summary
Committee chairpersons gave updates. Carl
Fisher displayed a spreadsheet showing how the HOA’s spending vs. budget came
out for 2023.
Pool service contract for 2024 was approved by
unanimous vote.
Kim (president) and Gwen (property management)
reported that the residential electrician who installed the outlet for
Octoberfest got a permit near the end of December and the County inspected and
approved the installation. The costs of the permit and inspection was $624.
Gwen said “we must trust our vendors” but could not explain why the electrician
didn’t get the permit required before installation and had to make repairs to
bring it up to code.
Proposed Changes to Bylaws
David
McPhearson presented the proposed changes to the Bylaws.
1. Charging rent for the clubhouse will be
proposed with the same rules as currently in place.
2. The second change proposed is increasing the
number of board members to nine with the term for the three highest number of
votes at the annual meeting serving three years and the one with the fewest
serving 2 years.
3. Charging fines for violations will be on the
ballot. David McPhearson stated that the board will have the power to remedy
the violation if the homeowner does not do so within the specified time limit
and the homeowner will be liable for the total amount spent by the board. Kim
stated that all of the bylaws “track back to the covenants.”
Landscape
Committee Brouhaha
Ricky
Wallace made a motion to dissolve the landscape committee because the line of
sight issue has not been corrected. He said that the single intent of the
committee was to “push out Chris [Donahue]” because the committee requested
that Ricky get some information from Chris since the board mandated that no one
on the committee talk directly to Chris. He stated that the committee “intentionally
slowed down progress of making our community better.”
Jason
Lockerby seconded the motion.
Gwen
(Town and Country) said that the landscape’s suggestion of using volunteers is
a “big liability.”
Carl
Fisher stated that the landscape committee should “leave Chris alone.” He said
that she feels “beaten on with a hammer,” and that Ben Harrison [landscape
company] will “quit if Chris is not in her role.”
Jason
Lockerby said he is okay with volunteers distributing playground mulch.
This is the only
task the landscape committee suggested that volunteers help with.
Stacey
Sherman pointed out that the landscape committee had no budget in 2023 and that
no member of the landscape committee ever discussed using volunteers to operate
major equipment and that the HOA uses volunteers on lots of projects. She
pointed out that the pool committee uses volunteers who work with toxic
chemicals and that doesn’t seem to pose a big liability.
The landscape
committee submitted a sample waiver of liability to the board early on in their
work and it was never approved. I have found no evidence of a waiver of
liability being signed by any volunteer in the past.
Jason
Lockerby stated that the issue is what did not get done.
Mark
Balcer stated that the board would never sign the landscape committee’s
documents that the board demanded they create and that the board kept asking
for more and more documentations. He also listed the options provided to the
board to remedy the line of sight issue including trimming the holly trees and
treating them with a growth inhibitor, limbing them up high enough to clear the
view, both of which would be less expensive than removing the trees.
Mark gave Kim the
final documents they requested as well as the RFP document at the meeting and
as of this writing there is no evidence either is signed.
Jim
Donahue stated that “enough is enough with this nonsense” and that the
committee only wants to make trouble and attack her [Chris].”
All
board members [except Mark Balcer, Stacey Sherman, and Chavonne Good] voted to
dissolve the committee until three months after the annual meeting.
It was not clear why three months was
proposed.
Stacey
Sherman placed a hand-written note on the table in front of Kim and left the
meeting. [her resignation]
David
McPhearson stated that Chris Donahue will continue her role which has been
stated as landscape liaison to Ben Harrison and keep doing everything involving
landscaping with the help of Ricky Wallace for three months after the annual
meeting. He further stated that we “don’t need a landscape meeting” and wants
only Chris involved.
Carl
Fisher stated that there was a lot of “misinformation on the Batesville
entrance project” and mentioned something about “save the trees” sentiment that
was the preference of some homeowners and made a comment about a previous board
member who resigned and how she kept speaking about the amount of landscape
spending.
David
McPhearson said Chris was part of the landscape committee working on the line
of sight issue.
Chris was not a
part of the landscape committee that I participated in and in fact she refused
to communicate directly with any of us.
Chavonne
Good stated that it takes time to resolve the line of sight issue and the
landscape committee has not been active for even six months.
Carl
Fisher said there needed to be immediate action on the safety issue at the
Batesville entrance and that Chris Donahue has quotes to resolve it. Kim said
she asked Chris to get quotes to remove the holly trees in August, 2023, well
before the landscape committee began meeting and “held them in my hip pocket”
waiting to see if the landscape committee could submit a solution.
This quote was
never given to the landscape committee. If the safety issue was a priority of
the board, why did Kim keep the quote in her hip pocket so long? If the board
wanted the landscape committee to succeed, why keep the information secret?
Jim
Donahue presented a quote from Cochran for $9,500 and one from Ben Harrison for
$2950 to remove the holly bushes and plant twelve 5-7 foot arborvitaes with a
1-year warranty. The majority of the board approved the motion to give the work
to Harrison.
There was no RFP issued for this work.
Kim
stated that the complaint Mark Balcer filed with the South Carolina Consumer
Affairs would not be addressed at this meeting. Mark objected and stated that
the full text of the complaint was not given to all board members. Mark Balcer
distributed copies of the full complaint to all board members. Mattias Schmid
in the audience said “the case is closed.”
The board responded to the complaint to the Consumer Affairs Department but did not agree to mediation. The next step could be to file a case in Magistrate’s Court. This unwillingness to engage in a conversation with Mark to resolve the issues and to so quickly refuse to mediate the claim with the Consumer Affairs Department puts all of us homeowners at risk if a case is filed in court and the board loses. It’s you and I, the homeowners, who will pay the price. If the local media features the issue, it is likely to adversely affect our property values, as well as increase our dues to pay the penalty and keep up our amenities and required expenditures.
Also at risk is
the board showing movies in violation of copyright law. The penalty for
copyright violation is high, the cost of a license to show a move is not.
Jason
Lockerby accused Mark of “holding the board hostage” and said that the majority
of board members favored censoring Mark.
Kim
announced she would respond to the flyer I distribute on the HOA website.
Johnnie McKenzie
johnniemckenzie@att.net
https://ofcommunityvoices.blogspot.com/
