Complaint resolution conference scheduled

In accordance with the Association's Internal Complaint policy a resolution conference is scheduled to be held on Thursday, May 22, 2014 at 6:30 pm at the Aurora Hills Recreation Center. It will address the homeowner complaint filed October 15, 2013. The conference is open to all members of the Association.

Complainant's response to Management Agent follows:

Regarding the Reviewing Entity, I would like to draw attention to Southampton Resolution 13-2, ARTICLE 1, Section 1.1(d).

Since my complaint is against actions taken by the Management Agent and the Board of Directors, according to the above referenced Resolution 13-2, the Board should appoint "other Association members to serve as members of the Reviewing Entity or serve as the Reviewing Entity Chair."

Furthermore, according to Southampton Resolution 13-2, ARTICLE 1, Section 1.2(a), meetings and Resolution Conferences must be called by the Reviewing Entity — not by the Management Agent.

Therefore, your scheduling the Resolution Conference is premature. Resolution Conference must be scheduled by the Reviewing Entity which has yet to be appointed.

Perhaps, the Board and I should each suggest three "other Association members to serve as members of the Reviewing Entity or serve as the Reviewing Entity Chair." From the six suggestions, three or five may be picked to serve as the Reviewing Entity.

Regardless of the composition of the Reviewing Entity, pursuant to Southampton Resolution 13-2, ARTICLE 1, Section 1.2(a), the Management Agent agent does not have the authority to schedule the Resolution Conference.

Cardinal Management has failed to keep proper minutes of executive sessions

The minutes of the February 20, 2014 Board meeting state neither the "purpose for the executive session" nor the "vote on such contract, motion or other action”.

The Condominium Act § 55-79.75.C states:

The executive organ or any subcommittee or other committee thereof may convene in executive session . . . Reference to the motion and the stated purpose for the executive session shall be included in the minutes. The executive organ shall restrict the consideration of matters during such portions of meetings to only those purposes specifically exempted and stated in the motion. No contract, motion or other action adopted, passed or agreed to in executive session shall become effective unless the executive organ or subcommittee or other committee thereof, following the executive session, reconvenes in open meeting and takes a vote on such contract, motion or other action which shall have its substance reasonably identified in the open meeting.

The purpose for the executive session must be only that which is permitted under § 55-79.75.C. It does not permit an executive session merely to discuss a complaint unless it is to “consult with legal counsel”.

This is a continuing issue. It was presented during the 2008 Annual Meeting of the Association and by letter on April 22, 2008 to the Association's attorney David S. Mercer.