At the March 27th Board meeting, LHCC's directors appointed Mike Sweeney to LHCC's Board of Directors. Prior to this appointment, I made every director aware of a provision in our Articles of Incorporation that says "A Lot shall not have more than one membership, but the single membership shall be shared by all owners of the lot." Mike Sweeney's wife, Robin Pedlar, is currently a director. For her to be in that position, she must be a member. Since there's only 1 membership for the single property that Mike Sweeney and Robin Pedlar jointly own, it's impossible for Mike Sweeney to be a member. Despite this clear problem, 6 of LHCC's directors (Barnard, Locke, Martel, O'Brien, Poyer, and Shields) voted to appoint Mike Sweeney anyway. Let me be clear that I do not have a problem with Mike Sweeney. I do have a problem with our board completely disregarding our governing documents.
The Board votes on filling the vacant board seat in the videos below. At the beginning of the video, Wayne Poyer reads a legal opinion from our attorney, Juan Cardenas of Rees Broome. As you listen to Wayne Poyer read the legal opinion, pay careful attention to 2 things. At the very beginning, Mr. Cardenas assumes that Mike Sweeney is a member. He assumes the answer to the question the Board should have asked him, which is whether Mike Sweeney is a member under our governing documents. Mr. Cardenas does refer to our Bylaws, but he never mentions our Articles of Incorporation. This is the specific document that I referred to in my email I sent to every board member and GM Ray Sohl. Our Board wasted money to obtain this legal opinion whose only purpose was to give the Board a shield to try to hide behind so they could block my appointment to the Board. Both Dave Buermeyer and Pat Shields indicate they would like to ask me a lot of questions, but no director had any questions for Mike Sweeney. Apparently, if you criticize the Board, you're questioned and scrutinized. Only if you support and praise the board are you given their stamp of approval. This sort of discriminatory behavior hurts us all. The Board should not and does not have the power to discriminate in this way to break our governing documents to pick and choose who will serve on our Board. LHCC ends up in court so often because the board strays from our governing documents.
At the same time that we enjoy these videos so we can watch how our Board functions, our Board is trying to block videotaping of its meetings. I hire a professional videographer, and on the weekend after the March 27th meeting, I received an email from Wayne Poyer that my videographer will no longer be allowed in the board room because he is not a member of LHCC. He claimed that this was by a board vote at the March 27th meeting, but that vote never took place during the open meeting. I ought to know, since I have the video of the entire meeting prior to Executive Session. Even if this vote took place in Executive Session, the specific reason for going into Executive Session must be approved during the open meeting, and there was no mention of videotaping. I've also had conversations with our GM Ray Sohl in which he acknowledged that I do have a right to record these meetings, and Wayne Poyer has acknowledged on video that I have a right to record. Many of our owners live outside of Lake Holiday. Even many people that live here with jobs and children can't make it to Board meetings or stay through the entire meeting. These videos are an invaluable resource to all owners who want to observe the conduct of our board, and I have no plans to discontinue making them.
The 2 video clips above are just a few of more than 100 Lake Holiday videos on the LakeHolidayNews channel.
I continue to collect proxies for future elections. If you’d like to vote by proxy, here’s my proxy. Return it to me today. I appreciate your continued support.
Bill Masters
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