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| Quick! Fire somebody! |
There is no pleasure in shining a light on the trustees’ decisions and actions. It is depressing. But the disinformation that continues to come from the HOA needs to be exposed.
Members must to know so they can make informed decisions about the credibility and capability of our current leadership. And this blog which started out as a happy place to share pictures of the development, has by default, become the alternative voice. Along with the unofficial (not HOA controlled) TI Facebook group.
What is clear to me, though, is that the trustees, and hence the HOA have become increasingly combative and belligerent in dealing with members and others. Where everyone who irritates them by criticizing their decisions or does what they don’t like is attacked, threatened or sued. Read this (Links are in blue and open in a new window)
This “Scorched Earth" approach has bad consequences for Thesen Islands. Unhappy members, 4 trustees resigning in 2 months, an architect reportedly resigning from the DRP. Most likely the next resignations will come from the professional staff at the HOA. As they, too, decide they cannot take the toxic atmosphere any more. We have a well qualified, experienced GM who is not allowed to get on with his job with what seems like virtually every request, no matter how innocuous, sent to the lawyers or trustees for input. Does all this impact on the running of Thesen Islands? Absolutely. Does this look appealing to potential buyers on Thesen Islands? Absolutely not.
Is this the type of HOA you want?
Do you accept them passing a resolution increasing bulk in August 2018 but only telling you in December 2018, while during this time they approved “increased bulk” plans of insiders who they have refused to name? Read this and this
Are you happy that, unlike say, the Knysna Municipality, our HOA refuses to put the minutes of the trustee’s meetings on the HOA website for everyone to read (like in the past)?
Have you been intimidated into silence by your HOA?
I think it is disgraceful that we have an HOA that shamelessly carries on like this. And it reflects poorly on us members, too. Think about this, please. Make your voice heard.
The latest episode of this ongoing soap opera is the Board of Trustees’ ponderously named CHALLENGES TO TRUSTEE ACTIONS RESULTING IN UNNECESSARY LABOUR, INCONVENIENCE AND EXPENSE email sent to members on 17 September, 2019.
Controlling the HOA communications with members, they abuse their position to convey an incorrect version of what happened at the CSOS hearing and then use that version to smear a member, accusing him of wasting their time and our money. And threaten “strong action” against members who they claim are doing the same. See more on CSOS below.
For example, read how they spinned the AGM discussion on bulk here (Keep in mind that more members read their communications than read this blog. Forward this to all the members you can.)
As has become a continuing story about credibility over the last 10 or so months, the Board’s version of what transpired at the CSOS Arbitration Hearing between the HOA and Craig Smith does not stand up to scrutiny. Like their changing story of the reason bulk must be increased. Read about that here
And it is not a matter of Smith’s version versus the HOA’s version. Here we have the CSOS Adjudicator confirming Smith’s version. And we have a Resolution signed by all the trustees that is dated on the business day before the hearing that confirms BOTH Smith’s and the Adjudicator’s version.
Here’s a summary of events according to Smith (Read his full response here):
August 2018: Board approved a Resolution to increase bulk. This increase was not communicated to Members until Dec 2018.
November 2018: Smith asks Board to revoke Resolution and take the issue to members. Board refuses.
March 2019: Before continuing with his CSOS Application, Smith again asks HOA if the Resolution has been revoked. Answer is negative.
(Smith: Why is this important ? Clause 18.12 of our Constitution states “All Resolutions recorded in the minutes of any meeting of Trustees shall be valid and of full force ……until varied or rescinded”.)
Monday 16 September 2019: Arbitration hearing with Smith, HOA Chairman Bill Cooper and the CSOS Advocate in attendance. At the start of the hearing, Cooper presents the advocate with a Resolution signed by the Board of Trustees revoking the Resolution to Increase Bulk. The date of this Resolution is Friday 13 September 2019. As this is what Smith had been asking for since November 2018, the CSOS Advocate declares the meeting closed. Read the Resolution here.
Here’s Zama Matayi, the CSOS Adjudicator, confirming Smith’s version in an email dated 23 September 2019. Read his email here
Please find herewith copy of the (TIHOA) resolution that revokes the previous resolution to increase bulk. (Y)our prayer was to declare the resolution invalid. This document sets aside the resolution you wished to declare invalid therefore there is nothing to declare invalid because same has been revoked.
Here is what the Board of Trustees told members in their email dated 17 September, 2019:
Monday's referral was moot long before it was to have been heard. The Adjudicator picked this up and refused the relief and struck down the Application brought against us (TIHOA). Unfortunately, the Application had to be comprehensively and responsibly dealt with by the TIHOA. We had to have legal assistance and, in addition wasted many many man hours within the Estate Office and that of the Board of Trustees to contend with this frivolous endeavour by a disenchanted individual. Read the full email here
As you have read, that is not what Craig Smith said happened and not what the CSOS Adjudicator said happened. And the Resolution revoking the increase in bulk that the HOA itself handed in at the hearing confirms both Smith's and the Adjudicator's version.
Then the trustees, having been asked since November 2018 to revoke the resolution wait until the Friday (13 September 2019) before Monday’s Arbitration Hearing (16 September 2019) to revoke the Resolution. And they accuse Smith of wasting their time and HOA money on this?
More on CSOS. As their website says “The CSOS was established in terms of the Community Schemes Ombud Service Act to regulate the conduct of parties within community schemes.” All Members pay dues based on our individual levies and the money is collected by the HOA and paid over annually. The CSOS provides an Alternative Dispute Resolution service. Any person in a community scheme may lodge an application to the CSOS if such person is a party to or is materially affected by a dispute. This entails the resolution of disputes outside of the courts. This method is often preferred as the most cost effective and speedy way of settling disputes through methods such as conciliation and adjudication.
Coming soon...
Don't Follow the Trustees down the Rabbit Hole A response to the hatchet job on the FAR Committee's Report and the committee members.
Top 10 Reasons Leisure Island is Now a Better Place to live than Thesen Islands. Looking back on our decision, 19 years ago, to make a home on Thesen Islands rather than Leisure Island, one of the options, I came up with this list.
