Know Your Rights withIN The NC General Statutes
Records
As a Member and part owner of the POA, you are entitled to see all Board Meeting Minutes and the financials of the business. You should receive them within 5 business days of your request. The Board has no legal or compelling reason to deny Members Board Meeting Minutes or Financial records. You are entitled to the complete Membership contact list for the reason of communicating business with the Members.
Directors' actions, or lack thereof, could cost you more money. You have the right to scrutinize those actions/inactions in regard to the business' best interest.
Conflict of Interest
The POA is not the Village Commons. The Village Commons is not the POA. The Covenants & Restrictions call this out directly AND that neither entity perform the other's duties. Using POA funds for the purpose of managing the Village Commons is a breach of fiduciary duty by this Board. Significant POA funds have been used to cut trees on Village Commons property according to rumor.
To obtain a loan, the Board must hold a Membership Vote. Could that have happened?
Pine Mountain had $140,000+ in its accounts going into July 2024. Do you know what was done with the money and if any remains? It is your business to know. It's not their business to hide it from you.
Services
The regulation of Pine Mountain's water and wastewater systems MANDATES billing and excellent record keeping. Since financial records are being held confidential, how do you know that the new record keeping meets state standards for the ability to set water/wastewater rates?
Contractors
The POA hired a company that doesn't use Pine Mountain POA's legal name. This is publicly recorded with the NC Secretary of State, not a problem with disclosure. How do you open a checking account on behalf of a company in which the name isn't correct and act like it's the only thing going off the rails? The POA had tried to use third-party billing twice before at a significant expense. Instead of wanting to know how that worked out and why, they took the insane route to go try it again with real estate agents. Did someone know someone? Anyone get a kickback for that? Comprehensive financial records and balanced bank accounts AND budget were easily available to all, every, and any Member until July 1, 2024. So, what gives?
The POA also hired a payroll company for 3-4 employees? Quickbooks wasn't perfect, but odds are it was easier, cheaper, and a guaranteed solution that didn't require the user to know as much about anything, unlike ADP.
Budget
The Board of Directors has not sent the Membership the 2024-2025 budget as required by NC General Statutes.
Transparency
Legally accepted communications are through email, the postal service, and phone. Social media is not an acceptable or legal form of communication, not even with 100% participation- of which Pine Mountain doesn't have. Pine Mountain had a working website that has been mostly mothballed. How much communication have you received from the 2024-25 Board of Directors? Does anyone really know what is going on at Pine Mountain or is it just a business that's fulfilling the secret agendas of the Directors?