CorinthHills.org

The CORINTH HILLS HOMEOWNERS ASSOCIATION, INC. (CHHA) sent me a USPS Certified letter that I signed for today (11/20/08). I’m actually very glad that they did. In it, among other things, they attempt to dictate to me how I am to run this (my) website. They apparently are not pleased with criticism. They also attempt to tell me how I should interpret the Georgia Code as it applies to TITLE 14. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, CHAPTER 3. NONPROFIT CORPORATIONS.

The president of the CHHA states in her letter to me that I haven’t properly requested information from the corporation. She also states that requests via e-mail are not proper. Here is my latest request (my first valid request was made 10/23/08 - almost a month ago):

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—– Original Message —–
From: M. Weingarten
To: Frances Smith ; Frances Smith ; Jim Kwater ; Jane Wright
Sent: Thursday, November 20, 2008 4:33 PM
Subject: Request For Financials - 2nd Attempt

CHHA Board -

I would again, via electronic transmission - this e-mail, like to request copies of the CHHA financial records. I owe you no explanation as to why I wish to review these records.

Georgia Code - Corporations and Partnerships - Title 14, Section 14-3-1620

(a) A corporation upon request in writing or by electronic transmission from a member shall furnish that member its latest prepared annual financial statements, which may be consolidated or combined statements of the corporation and one or more of its subsidiaries or affiliates, in reasonable detail as appropriate, that include a balance sheet as of the end of the fiscal year and statement of operations for that year. If financial statements are prepared for the corporation on the basis of generally accepted accounting principles, the annual financial statements must also be prepared on that basis.

(b) If annual financial statements are reported upon by a public accountant, the accountant´s report must accompany them. If not, the statements must be accompanied by the statement of the president or the person responsible for the corporations financial accounting records:

(1) Stating the president´s or other persons reasonable belief as to whether the statements were prepared on the basis of generally accepted accounting principles and, if not, describing the basis of preparation; and

(2) Describing any respects in which the statements were not prepared on a basis of accounting consistent with the statements prepared for the preceding year.

Warmest Regards -
Marty Weingarten
1646 Corinth Court
Stone Mountain, GA 30087-3233
770.469.8559
mweingarten@earthlink.net

CorinthHills.org
http://corinthhills.org
admin@corinthhills.org

xc: esq

—– Original Message —–
From: M. Weingarten
To: Frances Smith ; Jim Kwater ; Jane Wright
Sent: Thursday, October 23, 2008 10:05 PM
Subject: Official Requests (2)

CHHA Board -

My apologies, I cited the business chapter and not the nonprofit chapter…
TITLE 14. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, CHAPTER 3. NONPROFIT CORPORATIONS
Reference: http://law.onecle.com/georgia/14/14-3-1620.html
Title 14, Section 14-3-1620
(a) A corporation upon request in writing or by electronic transmission from a member shall furnish that member its latest prepared annual financial statements, which may be consolidated or combined statements of the corporation and one or more of its subsidiaries or affiliates, in reasonable detail as appropriate, that include a balance sheet as of the end of the fiscal year and statement of operations for that year. If financial statements are prepared for the corporation on the basis of generally accepted accounting principles, the annual financial statements must also be prepared on that basis.

In the near future I will be making additional requests pursuant to:
Title 14, Section 14-3-1602 Member rights to information.
Title 14, Section 14-3-720 Member rights to member list.

Just FYI:
Title 14, Section 14-3-1604 Corporation non compliance of member requests.

Again, I apologize for any confusion.

Warmest Regards -
Marty Weingarten
1646 Corinth Court
Stone Mountain, GA 30087-3233
770.469.8559
mweingarten@earthlink.net

CorinthHills.org
http://corinthhills.org
admin@corinthhills.org
—– End Message —–
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Here’s a link to the specific article: http://law.onecle.com/georgia/14/14-3-1620.html

Here’s a link to the Georgia Secretary of State: http://www.sos.georgia.gov/

I invite the CHHA board, our association membership and any interested attorneys to review these requests, contact the Georgia Secretary of State and ask questions.

Then ask yourselves,… what’s the big deal? Why won’t the CHHA comply? Why has the CHHA stated in writing and verbally via phone (of which I have a voice mail) that they will comply, but yet they haven’t? Why is that? Why? It’s the law that the CHHA agreed to comply with when they incorporated as a public entity. Why? Why is it that they won’t comply? I don’t understand,… I’ve abided by the Georgia Code with respects to my requests,… I have given them much longer to comply than what the Georgia Code dictates (5 days), yet I still have not received the financials that I have requested? Why?

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CHHA BoD Silence Is Deafening

Friday, October 24, 2008 6:25 AM
Frances Smith - CHHA President
“This board has nothing to hide from you, therefore you WILL be informed
of anything that you ask for¦”

Friday, October 24, 2008 11:17 AM
Frances Smith - CHHA President
“I will speak to CHHA’s attorney and she or I will respond to you. This is the only response I will have for any issue until I speak to her.”

Friday, October 24, 2008 8:00 PM
I just spoke with Frances Smith (CHHA President) by phone (770-403-7025) on Friday, October 24, 2008 at approximately 7:45 PM. I was told by Ms. Smith (and also have a voice mail from her stating the same thing) that she would no longer respond to emails from me. I requested that she provide me with the name and phone number of the attorney who advised her of this and she refused to provide this information.

I also included the CHHA 1st vice president and the CHHA secretary in each e-mail message - neither of whom ever bothered to reply.

No further contact. ¦Hmmmm¦ Nothing to hide¦

One Response To “CHHA Continues To Evade Requests”

1. fwy545 Says:
   November 21st, 2008 at 2:18 PM

   For non-compliance issues see Section 14-3-1604. These issues go before a Superior Court judge so you can start by going to the gsccca.org website for more information or you can call the Superior Court Clerk’s Office at 770-822-8100 and speak with someone there about how to proceed. There is a fee to file, but a judge will order the association to pay that fee and for associated attorney fees if it finds in your favor.

   I’ve sent you an email too.

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The Gwinnett County Police Depatment would like to share the following holiday season safety tips:

When you are out shopping:
• Make sure to lock your cars
• Take all of your valuables out of your car
• Don’t carry large quantities of cash
• Try to get your shopping done during the day
• If you are walking to your car at night use a security escort
• Pay close attention to your surroundings when approaching your car
• Have your keys in your hand before you get to your car

When you go to a holiday party:
• Do not drink and drive
• Have a designated driver
• If your child goes to a party set him/her a curfew to be home
• Make sure you know who will be with and in charge of your child’s parties
• If an emergency happens immediately call 911

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When the new Gwinnett Clean & Beautiful garbage collection plan is fully implemented in July 2009, residents in unincorporated Gwinnett will be able to recycle up to 35 items, a five-fold increase from the current seven-item limit. Advanced Disposal and Waste Pro of Georgia, the two companies selected to provide waste and recycling services under the new plan, will supply each homeowner with two 95-gallon carts, one for garbage and one for recycling.

The following items will be accepted for curbside recycling beginning in July 2009:
Newspapers & Inserts
Cardboard Boxes
Pizza Boxes
Kraft Paper
Cereal Boxes
Tissue Boxes
Paper Towel Cores
Tissue Paper Cores
Computer Paper
Calendars
School Papers
Magazines
Shopping Catalogues
Envelopes
Paperboard
Paper Grocery Bags
Soda & Beer Cartons
Old Phone Directories
Paperback Books
Shopping & Lunch Bags- Paper
Discarded Mail
Carbonless Forms-Paper
Aluminum Beverage Containers
Aluminum Baking Tins
Steel Food Containers
Empty Aerosol Cans
Glass Bottles & Jars
Plastic Soda & Water Bottles
Milk Jugs
Plastic Detergent Bottles
Plastic Bottles # 3-7
Clean Metallic Lids
Greeting Cards
Aluminum Food Containers
Shoe Boxes

For more information about the new garbage plan visit http://gwinnettcbservices.org/

Also view our CorinthHills.org sitemap as we have a number of articles regarding the new waste disposal program. These articles should be found under the “Gwinnett” and/or “Consumer Information” categories.

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The following actions were taken by the Gwinnett County Board of Commissioners at their meeting on Tues., November 18, 2008. This is a partial listing edited for our community.

SUP-08-076 - Denied without prejudice: A requested special-use permit in a general business district to allow for a used automobile sales lot and accessory service center on 4.11 acres. The property is located at the 4300 block of Stone Mountain Highway. The applicant is Navid Yazdanpanah, Buford and the owner is Karen Maclaurin, Buford. The planning department has recommended approval with conditions and the planning commission has recommended deny without prejudice.

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By MICHAEL PEARSON
The Atlanta Journal-Constitution

Friday, November 21, 2008

The take-no-prisoners economy is threatening to take down yet another target: the naming rights deal for Gwinnett County’s new baseball stadium.

“The expectation of doing a naming rights deal right now is not as good as it was eight or 10 months ago,” project manager Preston Williams said Friday.

Williams, who is the general manager of the Gwinnett Convention and Visitors Bureau, said uncertainty over the economy has made it virtually impossible that a deal will be signed before the stadium opens in April to house the top minor-league affiliate of the Atlanta Braves.

It may also be hard to make a deal by August - when a contract provision with the Braves kicks in that could permanently reduce the amount of revenue available to the county.

It’s common for corporations to pay the owners of sports and entertainment venues for the rights to attach their names to the facilities. Many such deals are worth tens of millions of dollars.

While Williams believes a deal will get done eventually, the lack of an early deal could pose at least a short-term headache for county officials. The county built the sale of naming rights into its financing package for the stadium, counting on the deal to provide $500,000 a year to help repay money borrowed to build the ballpark.

The county projected selling naming rights for $800,000, but a portion of the proceeds would go to the Braves. If the county can’t make a deal by September, the Braves get to sell the rights and keep more of the money.

If naming rights don’t bring in enough to cover the debt, the county might have to cover the cost even as it is cutting staff and expenses amid an effort to trim $35 million from its annual budget, said County Administrator Jock Connell.

“The bottom line is we’ve got a bond payment coming due and we’re operating on the assumption right now that those revenues are going to come through.” he said.

If not? “We would have to look at what other revenues are out there,” he said. “I don’t want to lead you to believe there are lot of them.”

The likely contender is property tax revenue from the county’s general fund, although there’s been some discussion about a longshot option - using proceeds from the county’s Special Purpose Local Option Sales Tax. Connell indicated that’s unlikely.

Click here for the full story…

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