Shadowmoss HOA whole again after long struggle

Shadowmoss HOA whole again after long struggle
August 15 07:46 2017 Print This Article

The turmoil within the Shadowmoss Plantation Homeowners Association (HOA) appears to be over as three new board members were elected last night and a new Treasurer installed. In early 2016, the HOA board learned that Marshland Communities, the management company contracted by Shadowmoss, was under investigation by the FBI (the investigation is still active). The board hired Community Management Group (CMG) to take over property management duties.

Newly elected HOA board member Mike Duck became aware that the board was not complying with a rule that all checks are to be signed by the HOA President and Treasurer and that CMG had control of the checkbook. Annual audits were not being performed as called for in the HOA bylaws. The management company was patrolling the neighborhood on a weekly basis to issue citations for such issues as not properly edging the lawn or having a basketball hoop in the driveway. Homeowners were receiving fines and having liens placed on their properties. The HOA was paying out tens of thousands in legal fees.

HOA member Rebecca O’Grady collaborated with Duck, former HOA board President Steve Taylor and other neighbors to gather petition signatures to hold a special HOA membership meeting for the purpose of installing a new board. The special meeting resulted in a 347-5 vote in October 2016 to remove the existing board and elect a new one.

The troubles continued as CMG acted on behalf of the dissolved board and filed a lawsuit calling for a stay on the special meeting vote. After months of litigation the issue was resolved in court. The new HOA board called another special meeting to bring the HOA bylaws in line with state law. Now a special meeting may be called by 5% of the membership (32 of 647 members) and 10% of the membership (65 of 647 members) may vote to remove a board member.

At the monthly board meeting, members voted to fill three vacancies. O’Grady was elected and installed as Treasurer. Other new members are John Nelson and State Representative Linn Bennett. The newly constituted HOA board has severed ties with the law firm Simons and Dean and will require the approval of 1/4 of the membership to file lawsuits outside of summons for dues in arrears. The board will also adopt a more neighborhood-friendly approach to enforcing the covenants, rather than issuing weekly citations through CMG. The management contract with CMG expires in December 2019.

Duck said that his neighbors welcome the changes. “Rather than being an HOA that is all about fines, property liens, and lawsuits, we are going to be an HOA which embraces food truck rodeos, golf outings and other fun things. Shadowmoss will once again be the friendly neighborhood we all want.”