HAPOA April 15th Board Meeting Minutes

HOLIDAY ACRES SPECIAL BOARD MEETING
MINUTES FROM APRIL 15TH 2O2O
MEETING HELD ON ZOOM OPENED AT 6:07 PM


BOARD MEMBERS PRESENT: BRYAN LOOPER, CHUCK
ALLEN, MIKE DALLAM, LINDA LATTIN & MICHAEL PREUIT
BOARD MEMBERS ABSENT: NONE


GUESTS: JOJO ALLEN, SHERRY DALLAM, GUISEPPE
MARGIOTTA, NEAL SMITH, GRAHAM SMITH (ATTORNEY),
CHRIS & JULIE BOYD, KEITH & NAN SEARKES, DUKE
EGGLESTON & RON COLE


PURPOSE OF MEETING IS TO CONSULT WITH LEGAL
COUNSEL ON PROPOSAL OF PAST DUES.
AGENDA: MOTION TO APPROVE MADE BY BRYAN
LOOPER, SECONDED BY CHUCK ALLEN. VOTE 5/0


PUBLIC COMMENT: BRYAN LET THEM KNOW THEY HAD 3
MINUTES TO SPEAK.

CHRIS BOYD – WE,VE BEEN TRY!NG TO RESOLVE THIS
FOR A LONG TIME. WE HAVE RETAINED DUKE
EGGLESTON AS LEGAL COUNSEL FOR THIS ISSUE. WE
HAVE NO PROBLEM WITH PAYING DUES FOR 2O2O BUT
NOT PAST DUES.
KEITH & NAN SEARKES – WE’VE BOTH SERVED ON
BOARD IN PAST AND FEEL THE OBLIGATION TO PAY
FROM THE BEGINNING. COME UP WITH A SOLUTION SO
WE DON’T KEEP GOING OVER YEAR AFTER YEAR. IF TH!S
GOES THRU, THEN DO A LOOK BACK 7 YEARS AND REPAY
THOSE WHO HAVE PAID. WE WOULD LIKE TO SEE A ONE
MOTION VOTE WITH BOARD BRYAN LOOPER EXPLAINED THAT WE RECEIVED LETTERS
AND STRAW POLLS WITH YES AND NO’S. KEITH SEARKES
SAID HE HAS SENT HIS EMAIL WITH HIS OPINION.
CHUCK ALLEN WOULD LIKE TO HEAR FROM GRAHAM
SMITH. GRAHAM SAID HE WOULD LIKE TO WAIT UNTIL
EXECUTIVE SESSION.
MOTION TO MOVE TO EXECUTIVE SESSION TO DISCUSS
GENERAL SUBJECT OF PAST DUE MATTERS MADE BY
MIKE DALLAM, SECONDED BY BRYAN LOOPER. VOTE 5/0.
ENTERED INTO EXEC. SESSION AT 6:27PM
CLOSED EXECUTIVE SESSION AT 7:5OPM
REOPENED SPECIAL MEETING AT 7:51PM

BRYAN STATED THAT AFTER DISCUSSIONS THE HAPOA
BOD AGREES TO HAVE GRAHAM SMITH WORK WITH
DUKE EGGLESTON TO DRAFT UP A FORMAL SETTLEMENT
AGREEMENT BASED ON THESE PARAMETERS.
After discussing the 22 non payers in executive session
with our legal counsel Graham Smith, the Holiday Acres
Property Owners Association BOD feels it is in the best
interest of the association members as a whole via the
straw poll results to agree to not seek collection of past
dues for the 22 non- paying members in writing as long
as these basic parameters are met. We want the 22 nonpaying members to formally acknowledge in writing that each member will pay 2020 dues moving forward and
agree to be part of HAPOA, agreeing it is a legally formed
association and will adhere to all HAPOA covenants and ByLaws.
PUBLIC COMMENTS:
KEITH SEARKES STATES TO BE SURE THESE 22 SIGN AND
AGREE ALL PROPERTY OWNERS MOVING FORWARD WILL
BE IN AGREEMENT
JULIE BOYD SAYS CAN’T GET 22 TO SIGN IF WE DON’T
KNOW WHO THEY ARE. BRYAN DIRECTED HER TO LIST.
SHE ASKED THAT THE BOARD PAY FOR THEM TO DO THIS
AND THE BOARD UNANIMOUSLY SAID NO.
DUKE E. DOESN’T FEEL IT’S LEGAL TO ASK FOR THEM TO
GET SIGNATURES UNLESS THE BOD IS WILLING TO PAY
HIS TIME. WHY IS IT FAIR?
RON COLE SAYS WE ARE GUESSING WHAT THE 22 WILL
SAY
CHUCK ALLEN STATES WE WANT TO GO FORWARD PAST IS PAST AND MOVE ON. EVERYONE PAYS FROM 2020 ON.
BRYAN MADE A MOTION TO HAVE GRAHAM AND DUKE
WORK ON RESOLUTION, SECONDED BY MIKE D. VOTE
5/0
BRYAN AMENDED MOTION TO INCLUDE 5/31 DEADLINE.
MOTION MADE BY BRYAN, SECONDED BY CHUCK. VOTE
5/0
MEETING ADJOURNED AT 8:33PM