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MY CHALLENGE TO THE BOARD

One of the things I am seeking is certain corporate records to which any one of us members of the HOA is entitled pursuant to O.C.G.A. § 14-3-1602 in order to make a proper request for a special meeting to allow those neighbors who care to discuss the issues involved to attend. The HOA Board has indicated it will provide me with the requested records, but it has not done so to date. I need those records to call a special meeting. I also need the official addresses of the HOA Board members.

When I spoke to Mark Joiner on January 15, he told me his primary concern as a Board Member was doing what the "neighborhood constituents" wanted. The purpose of these web pages has been to make sure that constituency is informed about my side of the story if it wants to be, and I have offered the HOA Board the opportunity to post whatever it wants. I told Mark I was open to ideas about resolving this matter amicably, including presenting this matter to all of the neighbors for decision, since it the money held for the benefit of all neighbors that is being wasted here.

Rather than me having to go to the trouble, I wonder if the Board would be willing to call the special meeting to provide the interested members of the HOA with a forum to understand the issues. I would suggest a one and one-half hour time limit for the meeting, with each side to have 20 minutes to present its side and 10 minutes to rebut the presentation of the other side. The last 30 minutes could be a panel discussion where me and the HOA Board members and their counsel could be peppered with questions from the audience about the matter. All HOA members would also be provided with written position papers from each side discussing facts and law which could not three pages of single spaced type by posting them to the website.

Within ten days after the public forum, each HOA member could vote on how it thinks this matter should be resolved, with the following to be a suggested range (I am open to other ideas), and the voting member could pick more than one:

___ The HOA accepts Oldham's final settlement proposal

___ Oldham accepts the HOA Board's December 30, 2005 settlement proposal

___ Oldham pays $________.00 towards fines and $_______.00 towards attorney's fees

        ___    One or more of the HOA's officers and/or Board Members resign:
                  __ all Board Members
                  __ some Board Members (specify): _____________________________________

        ___    The Board Members reimburse the HOA $________.00 for expenses and attorney's fees
                  unnecessarily incurred by them (this could either start with most of the fees to date, or at
                  least the fees incurred since Oldham's December 13 settlement proposal, his
                  January 3 settlement proposal, or his January 9 settlement proposal

        ___    The HOA reimburses Oldham in the amount of $________.00 for his time and expenses
                  incurred in defending himself

___ Oldham delivers a written apology to the neighborhood for moving into his new home without
pouring his driveway and sidewalk, installing his mailbox and landscaping

___ The HOA Board delivers a written apology to Oldham and his family for its handling of this
matter

___ I choose not be involved and trust the Board to handle this as it sees fit

The ballots would be similar to what is set forth above and voting would be handled in a fashion that it is anonymous while also ensuring that each HOA member only votes once. While the votes of the HOA members would not be binding on the parties, they could at least give me and the Board an idea of the "minds of the constitutents". It is at least something worth considering, and I think it would be fun and informative for the neighborhood.

High Gables Main