Shadowmoss Plantation neighborhood Homeowners Association (HOA) members have set a special meeting for Wednesday, October 12 to vote for a new slate on the HOA board of directors. The meeting will take place at 6 pm at Bees Landing Recreation Center, 1580 Ashley Gardens Boulevard in the Grand Oaks subdivision.
South Carolina code section 33-31-702 sets the criteria for special meetings. In accordance with the Shadowmoss HOA bylaws, members were able to gather petitions from more than one-fourth of its 647 households and sent a certified letter to HOA Secretary Carl McCoy 30 days prior to the proposed meeting date. HOA President Aaron Richard has e-mailed residents and suggested that the special meeting is not valid.
Opponents of the current HOA board must obtain proxy votes from 325 member households to elect a new slate of officers. As of this writing, 314 proxy votes have been collected. There is a door-to-door effort to collect proxy votes, and members may also sign the form at the website www.Shadowmess.com.
The controversy over the current HOA board stems from concerns over the lack of a financial audit of HOA funds, which is required to be conducted annually according to the bylaws, hefty legal fees accumulated by the HOA management firm Community Management Group (CMG), a regimen of fines being imposed on homeowners, liens being placed on properties and foreclosure proceedings being initiated against homeowners.
Mike Duck has lived in Shadowmoss since 1987. In 2015, he was fined $100,000 for adding a garage which the HOA board deemed not in accordance with neighborhood standards. Duck has gathered more than 560 signatures from neighbors who find the garage to be aesthetically pleasing. Duck claims that the refusal of the HOA board to allow him to present his architectural drawings of the garage at meetings prompted him to collect proxy votes and get elected to the board at its November 2015 annual meeting. He, along with neighbors Rebecca O’Grady, Steve Taylor, Lin Bennett and others initiated the petition drive calling for a special election.
Duck claims that fine revenues and the purchase of a vacant lot for more than $50,000 do not show up on the HOA financial records and that the board is not operating under the Generally Accepted Accounting Practices. He has called for a complete forensic audit of the HOA, including all transactions involving CMG, previous management firm Marshland Communities (now under federal investigation for alleged fraud) and any law firms receiving money from the HOA.
In a letter to all HOA members, Duck wrote, “You, the residents of Shadowmoss, are the customers of the HOA, and you deserve the utmost respect from the board as well as the HOA management company.”
The October 12 special meeting will reveal whether a majority of HOA members want a change of leadership.
Shadowmoss homeowners call for special election
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