From: The Homeowners of Colonial Pointe Neighborhood in Meridianville, Alabama

Subject: Petition Against Colonial Pointe Homeowner Association Board

To: Colonial Pointe Homeowner Association Board managed by Legacy Homes Of Alabama, Inc

The homeowners within the Colonial Pointe Neighborhood in Meridianville, AL, hereby submit this petition to the Colonial Pointe Homeowner Association (HOA) Board, managed by Legacy Homes Of Alabama, Inc., concerning grievances as detailed below.

1.   Background: We, the undersigned homeowners, have been aggrieved by the actions of the HOA Board, particularly the unilateral decision-making process without homeowners' knowledge or consent. Specifically, the Board entered into a contract with Southern Property Management Group, LLC, which has resulted in substantial cost increases for homeowners without commensurate benefits. Additionally, there has been a lack of transparency, with homeowners facing arbitrary fines, receiving inaccurate information, and accumulating fees for unspecified items. Furthermore, there has been a failure to convene official resident meetings with any member of the board or management company since the establishment of the HOA in 2014.

 

2.   Financial Mismanagement: The imposition of additional fees on top of annual dues, which total approximately $75,000 annually for 250 homes, raises concerns about financial mismanagement. It's important to note that this figure is conservative, as the actual number of purchased properties within the community has nearly reached 300, resulting in a revenue of $90,000. Despite the significant revenue generated, homeowners have not witnessed any surplus or tangible benefits from these expenditures over the past five years. Notably, the absence of public recreation areas, including a clubhouse, pool, or playground, coupled with the HOA's lack of plans to erect such structures, further exacerbates concerns regarding financial stewardship and allocation of resources.

 

3.   Lack of Transparency and Communication: Efforts to engage with the management company or Board have been met with evasive responses or prolonged delays, including threats of legal action against homeowners, which persistently demonstrate a lack of transparency and accountability from both the board and the management company. As stakeholders in the community, homeowners have an inherent right to meaningful participation in decisions that directly impact their homes and neighborhood.

 

4.   Demands: In light of the foregoing, we, the homeowners of Colonial Pointe, demand the following options, to be chosen by the Board and confirmed in writing to the entire community within 30 days of the petition filing date:

a) Transfer full control of the HOA Board to homeowners within 90 days.

b) Allocate at least three positions on the Board to homeowners with voting power within 90 days.

c) Maintain the current Board structure with Legacy Homes Of Alabama, Inc., subject to full transparency, including contract disclosures, policy modifications, and bi-annual in-person HOA meetings with 30-day written notices.

 

5.   Additional Calls for Action: In addition to at least one of the aforementioned demands, we call for:

a) Within 45 days from the petition filing date, the initiation of a comprehensive external audit of financial records, covering all receipts and contracts from the establishment of the HOA in 2014. The findings of this audit shall be made public, and any associated costs shall be the responsibility of Legacy Homes Of Alabama, Inc. In the event of discrepancies of any magnitude, Legacy Homes Of Alabama, Inc. shall be liable for covering both the audit costs and rectification of said discrepancies. The selection of the external auditing firm shall be determined through a competitive bidding process, requiring a minimum of three bids. These bids shall be made public and subjected to a community vote, with the majority vote dictating the selection.

b) Within 45 days from the petition filing date, the initiation of a bidding process for a new management company for the community. The selection of the new management company shall be determined through a competitive bidding process, with a minimum of four bids. Bids shall be solicited from various management companies, including Elite Housing Management and Southern Property Management Group, LLC. All bids shall be made public and subjected to a community vote, with the majority vote determining the selection.

c) Full disclosure of all contracts between the Board and management companies, landscaping services, signage, and other contracted services to the neighborhood.

d) Convening of a recorded in-person HOA meeting with the Board and management company within 89 days of the petition filing date, with a 30-day written notice to the community.

 

6.   Requirement of majority: If this petition has been submitted to the board, the petition has garnered signatures from two-thirds or more of the neighborhood, demonstrating overwhelming support and meeting the requirements outlined within the community's governing documents.

 

7.   Conclusion: This petition underscores the fundamental principles of respect, transparency, and accountability in the management of our homes and community resources. We urge the Colonial Pointe Homeowner Association (HOA) Board to consider our grievances earnestly and take appropriate action to ensure the rights and interests of Colonial Pointe homeowners are protected.

 

Sincerely,

Homeowners of Colonial Pointe Neighborhood