Know Your Rights withIN The NC General Statutes
Are You Being Deceived?
The Pine Mountain Bank Account Balances on July 28, 2024 were $77,829.55 in savings and $55,694.76 in checking. I will provide the screenshot evidence of the totals upon request. This reflects more than $133,500 in the POA bank accounts.
The POA had reconciled bank accounts when the previous administration left, July 1, 2024.
Up until that point in time;
All Members received office services.
All Members could inspect records as the law requires.
All Members received return phone calls/emails and account information upon request.
Homeowners received Phonevite phone calls when there were water outages or expected problems.
All Government Agencies were responded to immediately.
The Budget was approved by the Board and sent to Members (as the law requires)- prior to the new fiscal year.
The yearly assessment was created by Budgets based on REAL numbers and not magical thinking or self-dealing motives.
There was an active LEGAL Collections and Suspension process, which ensured delinquencies were being addressed. It is a fiduciary duty to attempt to collect delinquent assessments and service fees.
We don't know if new Members have been charged accurately since 2024. We know that Members were charged illegally for services and lots they don't even own. The Board is too busy to talk to you OR collect new information. Emma Brown related that she only accepted information that came from the Board. That's not how it works when we must have an accurate Membership List. None of the Board know that much. We can't get an accurate Membership List by the Board as is required by the law AND the C&Rs.
The water system contains old components and springs leaks on occasion, however it was in working order upon the previous Operator's exit.
The administration previous to July 1, 2024 was proactive in maintaining the utility systems demonstrated by the budgeted priorities and new equipment expenses SHOWN in the financials. Can you even get financials? Did they get an SOP on the utility system maintenance or only on how it LOOSELY operates? Why have they tried blocking the one Member Volunteer they can count on to ensure the waterworks jobs are done expediently, with due diligence, and as inexpensively as possible with in-house assistance? The Board is confident in their willful-ignorance.
The 2021-2024 administration handed over a turn-key operation, with dependable reasonably-paid employees. ALL the employees were replaced (read chased-off) resulting in much higher expenses to the Association. Ridiculously higher. The Board MUST increase assessments to pay for their inadequacies. Good luck.
Adding insult to injury, the current administration reduced 40+% of Pine Mountain's income by more than 70%. Imagine if you did that to YOUR business or paycheck. It could EASILY be construed as self-dealing to at least 2 of the current Directors, probably 3. They personally have benefitted by a 70% reduction in their own vacant lot assessments. Assessments are to be equally distributed upon all owners. It's nowhere near the legally required-- "'nominal' difference for more frequent enjoyment of the property.
You're paying more and the business has gone into debt, because the current Board of Directors budgeted poorly, blew through a pile of funds with no explanation to Members, and set the assessments stupidly and unfairly. It doesn't align or comply with the C&Rs or the law.
They ran through money like they didn't care where it came from. They are so inadequately prepared for emergencies, not just on the money angle, but the human response is selfish and hostile.
We own the roads! The response to the winter storm was in the category of NO response. It was the worst prepared-for winter storms in 3+decades- even though there have been worse winter storms at Pine Mountain. it didn't have to be that way, but they ignored the maintenance contractor who made a request for winter supplies in September. The President dropped him $200 to handle what was already known was going to be a bad storm.
As of this writing 5/21/26- we have a water emergency.
We were owed a meeting.
We were owed an explanation with a budget/quotes for this repair or the work they expected to be completed.
We were owed to know exactly what this $1000 'contribution' paid for. They didn't tell us.
ALL of the Directors' names should have topped that leaderboard to demonstrate their good faith.
To me-- the $1000 is extortion and I'm not paying. This billing fails to meet the requirements of the NC Fair Debt Collection Act. https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_75/Article_2.pdf
You must receive an itemized bill. A mass communication is not an invoice. The advertisement in the form of a leaderboard is illegal. My dues are current, but because I'm not on a BS Open to the Public Leaderboard, for Con-artists and Scammers to phish, my peers are proclaiming I must be a delinquent. That's as deceitful as the people getting onto the Leaderboard to hide their delinquency. There has been deception in what the $1000 is for. The well operator quoted the well to be $35K-40K. That's closer to $500/each and not $1000. Where is the rest of their slush fund going? WE HAVE A RIGHT TO KNOW! It is extortion to mandate no repair until everyone is on the Leaderboard. I will not be on a Leaderboard of any kind. The POA doesn't select my charities.
We all deserve better than whatever their idea of a POA is.
The PMPOA is a business. Not a charity. Budget in advance. Collect monies. Don't go into debt without a membership vote. Emergency? They waited long enough, where they could have called a LEGAL special assessment meeting about it, as required, provided the budget for the special assessment as required, and voted- as required. Simple.
So, why not do it how it's already prescribed? Do their motives collide with the truth that they blew through the POA emergency funds, reduced POA income significantly, increased expenses even more, and have repeatedly left Members -high and dry? Where is the accounting? How will this Slush Fund be accounted for? Are they attempting to hide expenses from from Members or the General public or government entities?
NO CONFIDENCE!
There are a number of homeowers who will wait to see the Invoices of this repair and pay their household's portion of the bill. We will not participate in this corruption.
2025-26 Election?
A request for resumes or letters of intent to run for the PMPOA Board of Directors should have been sent out for the 5-positions available on the Board.
Ballots should be prepared and sent by mid-May.
There are three 3-year seats, one 2-year seat, and one 1-year seat available.
The 3-year terms ending are: Roy Brown, Rosemary Niewold (filled by Garrett Smith), Lito Lizardo (vacant).
The 2-year term is filling the seat left by the resignation of Tina Rieper.
The 1-year term is filling the seat left by the resignation of Tim Robinette originally held by Mike Smith.
Tim Bird and Ed Hallyburton terms expire in 2027.
The list of eligible votes should be created from Members in Good Standing.
The date, time, and place the Annual Meeting of Members and any agenda for a quorum of Members should be announced.
No communications have been forthcoming.
Invoicing & Billing Problems
Reports of incorrect invoicing is ongoing. Members not being charged correctly, the appearance of past-due amounts when the entire year was originally but approved for monthly payments, and being charged penalties on amounts not yet owed. There are Members trying to access the contractor's website who can't make a payment.
Everything in the office was working well and within budget under the last administration. Now, there aren't even business hours to take care of the Member business. The contractor's customer service is non-existent to declaring their own incompetence on the matters at hand.
From all outward appearances, The Declaration is being ignored for the special interests and those hoping to make a buck off the Association, again. Treble damages to the Association could be awarded to Directors ignoring their fiduciary duty to the business they are damaging.
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?