If the Nominating Committee is honest with the Members of the Association, it will not recommend re-election of Justin Martin to the board.
Why? Because Justin has led the Board in failing to comply with important Sections of the By-Laws.
The Nominating Committee is mandated to present "Candidates ... of the highest caliber, selected for interpersonal skills, dedication to the betterment of our Association and community, and free of any personal agenda." Source: HOA website.
Justin authored a disparaging post toward me on nextdoor.com and approved the September 2023 Minutes that contain false statements about the August BOD meeting.
Justin, as Chair of the Modifications Committee (MC), refused to follow the published Guideline of that Committee and would not issue a written final approval of a roof replacement in Barony Place II. The MC Guideline includes a Mission Statement which reads, in part: "The committee conditionally
approves or rejects all requests prior to work beginning and gives final approval [emphasis added] when notified of
completion. (Added 11-25-14)"
Justin's excuse was that the Guideline does not state "gives final written approval". What other kind is there? He sent a personal email approving the roof, but that is not the HOA Committee's approval and would not likely satisfy a real estate Closing Agent's requirement for HOA approval of a Form 201.
Five director terms expire this November: Justin Martin, Mary Ann Game, Greg Thomas, Brenda Bryant, and the vacant term of the late Paul Hill.
"Five," you say? "I thought it was four."
That's because the Board, with Justin as President, improperly allowed the election of five (5) directors in November 2021. George Reynolds had died in April (2021), shortly after having been re-elected in November 2020. Justin led the board in not declaring George's seat vacant or appointing a successor to George. So George's seat remained vacant for 18 months, until November 2022!
To make it appear that there was the correct number of seven directors on the board, the board allowed an election in November 2021 of five (5) directors (Justin Martin, Mary Ann Game, Greg Thomas, Paul Hill, and Brenda Bryant), which was one more than the By-Laws allowed. Those five, plus Vernell and Auby, made seven. Nobody on the board was willing to stand up and ask, "What about George's vacant seat?"
Then Paul Hill died in April 2022, shortly after he was re-elected in November 2021. In May 2022 Dennis Rybicki was appointed to succeed Paul. BUT Justin, President of the Board, told Dennis that he could only serve as Paul's successor for six months until November 2022 and would have to run for election (not re-election). Justin imposed a condition on Dennis that was contrary to the By-Laws. Dennis should have served out the remainder of Paul's unexpired term to November 2023. As a director of equal standing to Justin on the board, Dennis should have asserted the authority of the By-Laws.
When Dennis ran for election in November 2022 and was elected to his own two-year term, he had to vacate (or abandon) Paul's seat. But there is no record in the Minutes of his resignation. As the result of Dennis' election to the board in November 2022, Paul Hill's board seat became vacant once again; this time, vacant-by-resignation.
Again, silence from Justin Martin, President of the HOA. Paul's seat has remained vacant since November 2022.
There are seven people seated at the front of the room, and there should be an empty chair there for Paul Hill's position. One of the five directors elected in November 2021 (Martin, Game, Thomas, Hill, and Bryant) was (and is) not a legitimate director, because the By-Laws allowed for only four to be elected.
But which one of the five should have been removed? That was a question for the HOA's attorney. Apparently, the Board, led by Justin Martin, President, never asked the attorney, although I urged that the attorney be consulted. All five were elected. One of them should have resigned or should have been removed, either by the Board or by the Voting Members.
The Board is going to "fix" the problem in November by allowing the election of the correct number of four directors, ignoring the fact that there are five terms expiring.
Justin has been President since December 2017. That's long enough. The Board needs a president and a director who will lead by complying with the By-Laws.
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