This petition is to force the Board of Directors of Totem Pole Park, Condominium Campground Association located in Freedom, NH to hold a special meeting as required by NH Condo Act - RSA 356:B37 and Totem Pole Park Association by-law 2-400.  Per the above statutes the association must notify unit owners of a special meeting within 30 days after the requisite number (50) of unit owners request the Secretary to do so. This Special Meeting must have an electronic participation option as allowed by Totem Pole Parks by-law 2-401.  Owners signing this petition electronically are asked to put their Site Number in the comments field to facilitate the signature verification process.  As with all petitions only 1 signature per unit owner is allowed.

 TPPOwners Alliance in response to the lack of urgency by the Board of Directors to fill the vacated Board of Directors and Treasures seats as well as other unacceptable recent events are introducing articles to be implemented immediately if passed by a vote of the owners.

In Lieu of an in-person vote, this petition calls for the vote on these articles to be conducted immediately following the Special Meeting following NH Condo RSA 356-B39-A “Voting without a meeting” as this is the offseason, and many owners would be denied their right to vote if there was an in-person requirement.

Note:  No amendment of these articles will be allowed as that would bring the signatures of the petition into question.

Please support our association by signing this petition to help us get the answers we deserve.  Thank you.

The issues are summarized below followed by the details of the articles.

• Board of Director vacancies. The owners will vote on the persons to fill the vacated BOD seats.
  • Candidates vying for the 2 vacant Board of Directors seats will be given the opportunity to speak to the ownership at this Special Meeting.
  • Candidates will be vying for the remaining term of the 2 vacant Board of Director seats. The candidate receiving the most votes will serve the longer of the 2 remaining terms. The candidate receiving the 2nd most votes will serve the shorter of the 2 remaining terms.
  • Candidates can declare their intent to run for the open Board of Directors seats by either notifying the Board of Directors or announcing their candidacy during the Special Meeting.
    
    
• By-law changes to transform the handling of Board of Director and Officer vacancies to give control of these decisions to the owners of Totem Pole Park association where they belong.  The BOD works for the owners and the owners should have the final say on how vacancies are handled
• Force the Board of Directors and Treasurer to release all reports related to the Financial Audit and the engagement with Debit-One.  It is unacceptable that the Board of Directors refuses to release any official reports on the Audit or the engagement with Debit-One. The owners voted and paid for this Audit and deserve to see them.  It is your park people, and the BOD works for you.
• Mooring removal date correction and return of the reserve mooring to the lottery for all owners.
  • The Board of Directors unjustifiably altered the implementation date on the successful petition initiative to remove the 2 moorings obstructing the beach from 2022 to 2023 without consent of the petition sponsor. Altering the implementation date on the mooring petition was an abuse of authority and a self-serving act by the Board of Directors.
  • Return the reserve mooring to the lottery – To ease the effect of the loss of the 2 new moorings an article is being introduced to remove the reserve mooring and return this mooring to the mooring lottery
    • The reserve mooring is assigned to and used by the mooring manager under the false pretense that we are required to keep a mooring in reserve.
    • There is no State requirement that Totem Pole reserves a mooring for the marine patrol or disabled watercraft.
    • The reserve mooring represents improper payment to the mooring manager and is in violation of the law.
    • The associations governing documents state that paying a Board member or volunteer is expressly forbidden. Volunteers are not paid a salary and they do not get to benefit from any special perk such as an automatic mooring.
• Electronic voting "option".
  • Add an "electronic voting" OPTION to the allowed voting methods in By-Law 2-700.
  • Ensures that all owners have a voice an a vote.
  • Electronic voting is inexpensive, precise and strenghens Owner participation.

Article 1 – Election to fill the remaining term of vacant Board of Directors seats. You may select no more than 2 candidates. The candidate receiving the most votes will serve the longer of the 2 vacant terms. The candidate receiving the 2nd most votes will serve the shorter of the 2 vacant seats.

Article 2 – Amend by-law 3-200 pertaining to vacancies of the Board of Directors.

3-200. Vacancies on the Board of Directors - Vancancies on the Board of Directors shall be handled as follows:

• If the Board of Director vacancy occurs ON or AFTER July 1st and the remaining BOD members meet the minimum member requirement as specified in by-law 3-100 then the BOD seat(s)remains open until the Annual Election. At the Annual Election, the owners will vote for a new BOD member to serve the remaining term of the vacated BOD seat, this will keep staggered BOD rotation in place.
• If the Board of Director vacancy occurs PRIOR to July 1st or vacancy causes the number of BOD members to fall below the minimum member requirement as specified in by-law 3-100 then a Special Election must be conducted within 45 days so that the owners can vote a new BOD member to serve the remaining term of the vacated BOD seat

Article 3 – New by-law to address Treasurer vacancy.

5-405. Vacancy of the Treasurer – Vacancy of the Treasurer should be handled as follows.

• The Vacancy of the Treasurer must be filled within 30 days of the vacancy. The vacancy will be filled following the process defined in by-law 5-100.

Article 4 – New by-law to prevent members of the Board of Directors, the Treasurer and Secretary from holding multiple positions.

5-101 - Executive officers and Board of Director members cannot hold multiple positions.  For example, a Board of Directors member cannot also hold the position of Treasurer, Secretary, be a member of a committee or a division manager (winter camping, mooring).

Article 5 – Force the Board of Directors and Treasurer to release all the reports related to the Financial Audit and the engagement with Debit-One and make them available to the owners of the association. This audit was requested and paid for by the owners and to date no reports have been released. It is you park people!

• Requires a simple majority vote.

Article 6 – Mooring removal date correction.  Correct the “wrong” done by the Board of Directors to the owners of Totem Pole Park when they unjustifiably altered the implementation date on the successful owner petition to remove the 2 new moorings and restore the beauty of the Beach Front.   Passage of this article will change the effective date of the mooring removal to be effective immediately.

• Requires a simple majority vote.

Article 7 – Eliminate the “reserve mooring” which is normally assigned to and used by the mooring manager and return this mooring to the mooring lottery for all owners.  The “reserve mooring” was designated many years ago when very few owners were vying for a mooring, this condition no longer applies.

• There is no State requirement that we reserve a mooring for the marine patrol or disabled watercraft.
• The usage of this reserve mooring could be construed as “payment” for volunteer services. The associations governing documents state that paying a Board member or volunteer is expressly forbidden.
•  Requires a simple majority vote.

Article 8 – Update Voting by-law to add an Electronic Voting “option” to give owners unable to attend a voting meeting in-person the opportunity to vote.  Many owners simply cannot attend the voting meetings, technology should be utilized to provide these owners opportunity to cast their own vote.

2-700 – Voting – At any meeting of the Association, the owners shall be entitled to cast one vote for each Condominium Unit owned. Any owner may vote at such meeting in person, electronically or by proxy. Any Condominium Units owned by the Declarant shall be entitled to a vote and shall be included in the total of ownership percentages when computing the interest of all other owners for voting purposes. The provisions of RSA 356-B:39 shall govern all votes (including proxy votes and the votes of Condominium Units owned by more than one person) at meetings of the Association.