Friday, December 12, 2014

Formal complaint regarding distribution of information by members

A formal complaint was filed today regarding the failure of Cardinal Management to provide access to the Association's Facebook page pursuant to § 55-79.75:1.

In a previous complaint, the Southampton board asserted, and the CIC Ombudsman accepted (CIC Ombudsman File Number 2015-00038), "that there is a Facebook page available and that owners can communicate using that site" as required:

§ 55-79.75:1. Distribution of information by members requires (1) “a reasonable, effective, and free method, appropriate to the size and nature of the condominium, for unit owners to communicate among themselves” and (2) “the executive organ shall not require prior approval of the dissemination or content of any material regarding any matter concerning the unit owners’ association.”

An October 10, 2014, request to the Management Agent to “provide instructions for signing on to the Association's Facebook page” went unanswered.

On October 12, 2014, Board Chairman Michael Pickford stated, “Information regarding the Facebook page will be included in the next Southampton Herald.” No reason was provided as to why it is necessary to wait, and no date was given for the next issue of the Southampton Herald.

The Southampton Herald is issued by the Newsletter Committee which has been operating unlawfully for many years — it does not provide notice of meetings as required:

§ 55-79.75Notice of the time, date and place of each meeting of the executive organ or of any subcommittee or other committee thereof, and of each meeting of a subcommittee or other committee of the unit owners' association, shall be published where it is reasonably calculated to be available to a majority of the unit owners.

Another request, October 24, 2014, to the Management Agent to provide information necessary to view and post to the Association's Facebook page also went unanswered.

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