CorinthHills.org

One Response To “Gwinnett County Garbage & Recycling Program Video”

1. Gwinnett Recall Committee Says:
   July 20th, 2010 at 4:56 PM

   Were these paid actors or were they real Socialists? Why does the new efficient garbage and recycling program only offer one level of service? Why were we not allowed to vote on this new tax/fee? Why does the entire County share the burden of laws passed with the intent to have the haulers increase recycling and decrease volume dumped?
   Why does the public servants elected to protect and serve the electorate do the bidding of big business only? Mr. Bannister please contact me at www.gwntrecall.com, when you get back from your travels.

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• 06/01/10 - Entering Auto - 1200 block Pounds Road

Source: CrimeMapping.com

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 Attribute Value
      Pin  6076 169
      Lot  16
      AREA  24878.0839811353
      LEN  677.488488742713
  Assessor Information
   6076 169
       PIN  6076 169
   Owner Information
     R6076 169
       Owner Name  SECRETARY OF HOUSING AND URBAN DEVEL
       Mailing Address  3525 PIEDMONT RD
       City, ST ZIPCode  ATLANTA ,GA 30305   

   Property Information
     R6076 169
       Location Address  5205 CORINTH CIR
       Location City  STONE MOUNTAIN
       Assessment Neighborhood  6071
       Legal Acres   0.5800 Ac.
       Dwelling Value (appraised)  $114900
       Land Value (appraised)  $40000
       Total Value (appraised)  $154900
       Dwelling Value (assessed)  $45960
       Land Value (assessed)  $16000
       Total Value (assessed)  $61960
       Zone Description  R100-Single Family Residence
       Tax District  01 (01=County, all others=City) 

   Sales Information
     R6076 169
       1 - Sale Date  11/03/2009
       Sale Amount  $156379
       Deed Book Page  49960 439
       2 - Sale Date  11/03/2009
       Sale Amount  $156379
       Deed Book Page  49814 395
       3 - Sale Date  01/30/2003
       Sale Amount  $0
       Deed Book Page  31198 00057  

   Building Information
     712680
       Use description  Single family
       Improvement type  DWELLING
       Building type  Ranch
       Yrbuilt  1971
       Stories  1.0
       Attic  None
       Main Floor(s) finshed area  1666 sq. ft.
       Attic finished area  0 sq. ft.
       Basement finished area  0 sq. ft.
       Total Basement area  1646 sq. ft.

Source: Gwinnett County GIS Data Browser [http://gis.gwinnettcounty.com/internet/go]

Update 04/24/2010 - Links to web resources for 5205 Corinth Cir.
• Property condition report [PDF]
• HUD property listing
• ERA property listing
• Google results for “5205 Corinth Circle”

One Response To “5205 Corinth Circle Property Update”

1. Admin Says:
   June 12th, 2010 at 9:15 AM

   The asking price for this property has been reduced to $148,500 - $6,400 less than the Gwinnett County property tax valuation of $154,900…

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I spoke with the tax assessors office on Friday and was told that the reassessments for the Corinth Hills area are to be mailed on Friday, April 23rd.

Gwinnett County property tax tools are available online at: http://www.gwinnettcounty.com/TRRPWeb/

The Corinth Hills area NBHD code number is 6071.

Additional property information can be found utilizing the GIS browser found at: http://gis.gwinnettcounty.com/internet/go

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6071
NEIGHBORHOOD SALES

04/17/2010

www.gwinnettcounty.com
TDD (770) 822-7204
Fax (770) 822-7204
(770) 822-7200
Board of Assessors Office
GWINNETT COUNTY

parcel id - PROP STREET ADDRESS - SALE DATE - SALE PRICE - SALE DESCRIPTION
R6094 103 - 5339 ROCKY HILL DR - 10/28/2008 - $ 83,500 - Bank Sale
R6076 083 - 1643 POUNDS RD - 02/13/2008 - $ 114,500 - Bank Sale
R6077 058 - 5474 FRANCES AVE - 01/25/2008 - $ 185,000 - Arms Length Transaction
R6079 026B - 1334 JENNIE LN - 07/07/2009 - $ 140,449 - Foreclosure
R6079 026B - 1334 JENNIE LN - 09/25/2009 - $ 70,900 - Bank Sale
R6077 010 - 1705 ROCKBRIDGE RD - 06/26/2008 - $ 126,000 - Arms Length Transaction
R6077 024L - 1500 LUCELLE AVE - 03/14/2008 - $ 99,900 - Bank Sale
R6076 183 - 5226 CORINTH CIR - 02/01/2008 - $ 142,000 - Arms Length Transaction
R6079 070 - 1461 SPRING VALLEY LN - 09/02/2008 - $ 191,814 - Foreclosure
R6079 070 - 1461 SPRING VALLEY LN - 06/01/2009 - $ 97,500 - Bank Sale
R6077 069 - 1615 CAROLYN DR - 07/09/2008 - $ 146,750 - Arms Length Transaction
R6077 038 - 1505 CARLTON AVE - 07/23/2008 - $ 86,000 - Foreclosure
R6077 038 - 1505 CARLTON AVE - 11/19/2008 - $ 115,400 - Bank Sale
R6076 106 - 1772 POUNDS RD - 10/07/2009 - $0 - Foreclosure
R6077 039 - 1504 CARLTON AVE - 12/02/2008 - $ 111,559 - Foreclosure
R6077 039 - 1504 CARLTON AVE - 08/04/2009 - $ 53,000 - Bank Sale
R6078 020 - 1435 PINE ST - 12/30/2009 - $ 139,000 - Arms Length Transaction
R6079 068 - 1446 SPRING VALLEY LN - 06/05/2008 - $ 136,000 - Arms Length Transaction
R6077 041 - 1524 CARLTON AVE - 10/09/2008 - $ 133,900 - Arms Length Transaction
R6079 010 - 1262 JENNIE LN - 01/02/2008 - $ 103,800 - Foreclosure
R6079 010 - 1262 JENNIE LN - 01/02/2008 - $ 109,000 - Bank Sale
R6077 044 - 1560 CARLTON AVE - 08/05/2008 - $ 119,660 - Foreclosure
R6077 044 - 1560 CARLTON AVE - 08/11/2009 - $ 74,900 - Bank Sale
R6078 008C - 5475 FRANCES AVE - 12/09/2009 - $ 120,000 - Arms Length Transaction
R6079 026N - 1357 PENDALE DR - 11/10/2008 - $ 134,000 - Arms Length Transaction
R6076 169 - 5205 CORINTH CIR - 11/03/2009 - $ 156,379 - Foreclosure
R6076 063 - 1743 POUNDS RD - 05/30/2008 - $ 110,000 - Bank Sale
R6076 089 - 1674 POUNDS RD - 01/02/2008 - $ 93,500 - Foreclosure

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• 02/23/2010 - Entering Auto - 1200 Block Pounds Road

Source: CrimeMapping.com

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Catherine Ice, a Corinth Hills resident and neighbor, is planning a yard sale event to be held April 30th thru May 2nd, 2009. Usually community yard sales or multi-family sales bring many more prospects and have better turn outs than single family events. Additionally, yard sales traditionally do better during tight economic times. This would be a great opportunity to make a few extra bucks, clean out your house and to spend some quality time with your neighbors.

For additional information please contact Catherine Ice:
1707 Fremont Dr, SW
Stone Mountain, GA 30087
cice_2077@yahoo.com — email is the best way to get in touch with me!

Please click here to email this article to your friends and neighbors…

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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):

=======================================================
—– 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 —–
=======================================================

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?

=======================================================

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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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…

Leave A Reply To “CHHA BoD Silence Is Deafening”

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I’ve had to put this in the public domain due to non-responsiveness to my written requests and due to my spoken words being misrepresented by the CHHA board. I stand behind all of my written statements.

Your CHHA Board Refuses To Cooperate

In this issue:
1. Overview Of Recent Events Concerning YOUR Neighborhood Association
2. I Am A Very Concerned Neighborhood Resident And Association Member
3. I Am Requesting Feedback From You Neighbors And CorinthHills.org Subscribers
4. Corinth Hills Homeowner’s Association Board of Directors Refuse To Reply
5 Business Documentation Exchange With CHHA Board Members
6. Links To Georgia State CHHA Business Documents And The Georgia Code As It Applies To Our Association
7. Special Requests

=======================================================

Should you not wish to receive e-mail messages from CorinthHills.org please reply to this message with a short note asking to be removed and we will be happy to accommodate your request. E-mail changes and additions are appreciated.

=======================================================

1. Overview Of Recent Events Concerning YOUR Neighborhood Association

This is YOUR business, YOUR corporation, YOUR association, YOUR board of directors and YOUR neighborhood.

I don’t believe the association as a corporation has been run properly. Not only from a business viewpoint (which is the problem at hand), but from the perspective of involving YOU in the proceedings.

I have been attempting to gather corporation documentation, which is my right and YOUR right to do under Georgia law, in order to better determine where we stand. YOUR board of directors are refusing to cooperate.

=======================================================

2. I Am A Very Concerned Neighborhood Resident And Association Member

Corinth Hills did not have to incorporate. This was a decision that the original board members made. With incorporation comes responsibilities. I don’t believe that these responsibilities are being properly addressed. I believe that there are other political agendas at play, personal agendas that are probably not in your best interest. I plan to run for CHHA president next year, but only as an alternative to the status quo. I have absolutely no interest in politics and would rather not do this, but am willing to “take one for the team”, to “take the bullet”, to “fall on the grenade” if that is what is necessary. I realize that I don’t have a politician’s personality (thank Goodness),… I may be gruff at times, I may not smile as much as one would like and I’m not going to kiss anybody’s baby,… but I’ll damn sure get the job done. I would love to see someone else show interest in not only the position of president, but that of the others as well. I want the association run properly so it might better serve YOU. I want us to be united not only in words, but in actions.

For those of you in the association who are happy with the way things are and have been, you need to step up and volunteer some time on the current board which has two vacancies. If you are content with your current board of directors, there is no excuse why you can’t volunteer a little time to serve with them.

You neighborhood newbies out there and those who may not agree with the status quo, you need to get involved. Please contact me and lets discuss your ideas and concerns. This is as much your neighborhood as it is the old timers like me (20 year resident).

Some of you who don’t know me so well might say, boy this guy sure talks the talk,… but I walk it as well. I TRIED to serve you for 3 or 4 years (I can never remember) on the board fighting an uphill battle to keep YOU informed. I’ve spent my time and my money to keep the CorinthHills.org website running and updated for the community’s benefit. Contrary to popular belief, I was the one who tabled the idea and fought for the four way red flashing lights at the interactions of Corinth Cir. and Pounds and Brownlee and Pounds. For many years I assisted my elderly neighbors with the maintenance of their lawn, with their garbage, when the wheelchair bound wife would accidentally fall out, I would lift her up and put her back in. I assisted with many other assorted chores as well. I have assisted and watched out for my other neighbors as well, because that’s what you’re supposed to do!

Tolerate thy neighbor - You ain’t got to love ‘em! It’s in everyone’s best interest to look out for each other.

=======================================================

3. I Am Requesting Feedback From You Neighbors And CorinthHills.org Subscribers

I would appreciate any feedback you have to offer regarding this issue, or any other that concerns our neighborhood, association and/or community.

=======================================================

4. Corinth Hills Homeowner’s Association Board of Directors Refuse To Reply

Under the Georgia Code that governs nonprofit corporations, members (YOU and I) have the right to request certain corporation information and it is mandated that the board of directors must comply with these requests within a “reasonable” amount of time or the membership has the right to bring the corporation before the Georgia Superior Court and have a judge force the issue.

I was told last night by YOUR association president that she was going to longer reply to my e-mails. She says that she was “advised” to do this. I think this was bad advise. I asked her who advised her to do this,… she refused to answer. I requested, verbally and in writing, that she provide me with the contact information for the attorney who represents the CHHA. I thought that if madam president refused to speak with me at least the attorney would. Your president refused to provide me this information.

Please remember how YOUR board of directors are treating YOUR membership come election time.

=======================================================

5. Business Documentation Exchange With CHHA Board Members

This is not going to be an easy read. If you are a fan of “Law and Order” you might enjoy, otherwise probably not. It’s in reverse chronological order (latest entry first), so you may wish to scroll down and read up… Please bear in mind that this is BUSINESS, as an exchange between a corporation and an association member. This is not personal.

—– Original Message —–
From: M. Weingarten
To: M. Weingarten ; Jim Kwater ; newfolk@bellsouth.net ; franal@usa.com ; franalsmith@comcast.net
Sent: Friday, October 24, 2008 8:00 PM
Subject: Official Request - Attorney Info

CHHA Board -

I just spoke with Frances Smith 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.

CORINTH HILLS HOMEOWNERS ASSOCIATION, INC. is a GEORGIA TITLE 14. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, CHAPTER 3. NONPROFIT CORPORATIONS and I am a member of this association with rights.

It is my understanding that I have a right to all of the information requested, I intend to pursue this issue and will seek all remedies afforded me.

Ms. Smith, should you believe that any of my statement above is inaccurate, please advise with details via e-mail.

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: Jim Kwater ; newfolk@bellsouth.net ; franal@usa.com ; franalsmith@comcast.net
Sent: Friday, October 24, 2008 7:31 PM
Subject: Official Request - Attorney Info

CHHA Board -

Please provide contact information for the attorney that represents CORINTH HILLS HOMEOWNERS ASSOCIATION, INC.
Name:
Law Firm:
Address:
City:
State:
Zip:
Phone Number:
E-mail:

Please advise via reply e-mail.

I will also need this same information for the attorney that represents PARK PLACE ASSOCIATION, INC. if different from above. Please advise.

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

—– Original Message —–
From: franalsmith@comcast.net
To: M. Weingarten
Sent: Friday, October 24, 2008 11:17 AM
Subject: Re: Official Request - Bylaws

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. Thank you so much!!! Sincerely,

Frances D. Smith
President
CHHA
PPA
www.corinthhills.org
www.theparkplaceassociation.org
Franalsmith@comcast.
Net
770-403-7025
Sent from my Verizon Wireless BlackBerry

—– Original Message —–
From: M. Weingarten
To: Jim Kwater ; newfolk@bellsouth.net ; franal@usa.com ; franalsmith@comcast.net
Sent: Friday, October 24, 2008 10:05 AM
Subject: Official Request - Bylaws

CHHA Board -

>>> Possibly when Jim gets back in town, he can send you the by-laws, please keep in mind these by-laws have not been certified nor have they been added to CHHA’s Incorporation Documents. When I have time to get the other things together, I will get them to you.

Please forgive me as I am a bit confused. Perhaps you might be able to clarify for me.

Reference: O.C.G.A. § 14-3-206 (2008), TITLE 14. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, CHAPTER 3. NONPROFIT CORPORATIONS, ARTICLE 2. INCORPORATION , § 14-3-206.
http://law.onecle.com/georgia/14/14-3-206.html

§ 14-3-206. Bylaws
(a) The incorporators or board of directors of a corporation shall adopt bylaws for the corporation.
(b) The bylaws may contain any provision for regulating and managing the affairs of the corporation that is not inconsistent with law or the articles of incorporation.

Has the CORINTH HILLS HOMEOWNERS ASSOCIATION, INC. adopted bylaws pursuant to § 14-3-206 or not? If so, please provide the documents of adoption and a copy of the “official” bylaws. The copy I have does not appear to be “official”. If you have not adopted bylaws, please advise as to why and explain what your plan is to comply with § 14-3-206?

Please advise via reply e-mail.

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

—– Original Message —–
From: M. Weingarten
To: Jim Kwater ; newfolk@bellsouth.net ; franal@usa.com ; franalsmith@comcast.net
Sent: Friday, October 24, 2008 8:01 AM
Subject: Official Requests (3)

CHHA -

I am resending to (franalsmith@comcast.net) per her request that I just received.

—– Original Message —–
From: To: Notebook Computer
To: Jane Wright ; Jim Kwater ; Frances Smith
Sent: Friday, October 24, 2008 7:30 AM
Subject: Re: Official Requests

Frances & CHHA Board Members -

1.
>>> I will do it when I get the opportunity…
The Georgia Code references a “reasonable” amount of time with other references eluding to a week. I think that a week is reasonable and will be looking for my requests to be fulfilled within that time span.

2.
>>> when Jim gets back in town, he can send you the by-laws
Part of the continual problem I’ve experienced with the CHHA board is that it DOES NOT READ. PLEASE READ WHAT I REQUESTED! I MADE NO REQUEST FOR THE BY-LAWS!
Again, I would like the following:
- Complete corporation financials
- Original articles of incorporation
- The latest annual registration

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.

3.
>>> It is my belief that you should sit down and talk to this board about your concerns specifically, but I can’t make you talk to me, Jim, or Jane, that is your decision.
I have made many, many, many requests of the board - in writing - to speak with me regarding my concerns. These were ignored along with many of my requests to include the association membership in proceedings that were being conducted by the board without their notification.

Board, PLEASE READ AND COMPREHEND THE FOLLOWING - I stand behind every single written statement that I have made to the association. I have all of the support documentation. I have every single e-mail that I’ve ever exchanged dating back to the mid 90’s. Courts accept e-mail as evidence. I am ready, willing and able to broadcast every single e-mail regarding CHHA board business that I have exchanged if that is what is required to prove to you and the association that I have made (more than) good faith efforts to work with you, to meet with you, and to try to get you to understand that I believed that the association membership was not being properly informed by the board and that I made many efforts to try to change the CHHA’s position on the matter. Please advise via reply e-mail as to how you would like to proceed.

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

—– Original Message —–
From: “Frances Smith”
To: “M. Weingarten” ; “Frances Smith”
; “Jim Kwater” ; “Jane Wright”

Sent: Friday, October 24, 2008 6:25 AM
Subject: Re: Official Requests

Marty, I will get you whatever you ask for but I am EXTREMELY busy and
I will do it when I get the opportunity to get these things together.
Possibly when Jim gets back in town, he can send you the by-laws, please
keep in mind these by-laws have not been certified nor have they been
added to CHHA’s Incorporation Documents. When I have time to get the
other things together, I will get them to you.

This board has nothing to hide from you, therefore you WILL be informed
of anything that you ask for and/or anything that goes out to all other
members.

As far as the threats are concerned, to my knowledge no one on this
board has made any threats to hurt or harm you in any way. If anything
you have threatened this board. As you stated you will take action on
such threats, I have taken actions to protect Corinth Hills and myself
as well. This does not go unnoticed and if I hear of anyone making
threats to hurt or harm someone it will not be tolerated from a board
member. If comments are made, there is nothing I can do about that,
that is what happens when you open up to public comment. I have also
been taught, you cannot listen to everything you hear. Some people do
not repeat exactly what was said or they rearrange it to sound more
exciting.

It is my belief that you should sit down and talk to this board about
your concerns specifically, but I can’t make you talk to me, Jim, or
Jane, that is your decision. Thank you for all you have done and will
do!!!

Frances D. Smith
President
Corinth Hills Homeowners Association
Park Place Association
5293 Corinth Drive
Stone Mountain, GA. 30087
770-403-7025-cell
franalsmith@comcast.net
franal@usa.com
www.corinthhills.org
www.theparkplaceassociation.org

—– Original Message —–
From: M. Weingarten
To: Frances Smith ; Jim Kwater ; Jane Wright
Sent: Thursday, October 23, 2008 11:05 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

—– Original Message —–
From: M. Weingarten
To: Frances Smith ; Jim Kwater ; Jane Wright
Sent: Thursday, October 23, 2008 11:56 AM
Subject: Official Requests

CHHA Board -

Reference: http://www.legis.state.ga.us/legis/2003_04/search/sb555.htm
Code Section 14-2-1620
Upon request in writing or by electronic transmission, the corporation promptly shall mail to any shareholder of record a copy of the most recent balance sheet and profit and loss statement. If prepared for other purposes, the corporation shall also furnish upon request in writing or by electronic transmission a statement of sources and applications of funds and a statement of changes in shareholders´ equity for the fiscal year.

I would like to request a copy of our financials.

Additionally, I would like to request a copy of the CHHA articles of incorporation along with a copy of the latest annual registration.

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

* * * START HERE AND READ UP * * *

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6. Links To Georgia State CHHA Business Documents And The Georgia Code As It Applies To Our Association

GEORGIA CODE TITLE 14. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, CHAPTER 3. NONPROFIT CORPORATIONS

http://law.onecle.com/georgia/14/14-3-206.html - Bylaw requirements - I am doubtful at this point whether we have valid bylaws. Yesterday, YOUR president eluded to the fact (see above) that we do not. WHY NOT?
http://law.onecle.com/georgia/14/14-3-1602.html - Records maintenance and membership rights to information
http://law.onecle.com/georgia/14/14-3-1604.html - Remedies for corporation noncomplience
http://law.onecle.com/georgia/14/14-3-1620.html - Financial disclosure - It’s YOUR money!

CORINTH HILLS HOMEOWNERS ASSOCIATION, INC.

http://corp.sos.state.ga.us/corp/soskb/Corp.asp?156268 - CHHA business information on file with the State of Georgia
http://corp.sos.state.ga.us/imaging/11602924.pdf - Original CHHA articles of incorporation

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7. Special Requests

- Please forward this message to your CHHA board members and request the information outlined above. Information requests are YOUR right and board compliance is mandated by Georgia law just as annual meetings are. It would be very helpful to the entire CHHA if the board realized that more than one member has concerns about how OUR corporation is being managed.
- newfolk@bellsouth.net; jimkwater@bellsouth.net; franalsmith@comcast.net
- Request financials
- Request certified copies of the bylaws
- Please provide feedback to me.
- Please remember this when you cast your vote at the next election.
- I also believe that according to the Georgia Code, our “unofficial” bylaws and just plain commonsense, Frances Smith has a conflict of interest in serving as president on the CHHA board of directors and as president of the PPA board of directors. The PPA encompasses a much larger area and I believe that it is conceivable that decisions made for the PPA might not be in the best interest of us in the CHHA. Especially if we are not properly informed in advance (as has been the case) and allowed to debate the issues.

Two last items,…
1. I can’t tell you how many times I’ve heard from neighbors who tell me this is Frances Smith’s association and/or corporation. IT IS NOT! IT IS YOUR ASSOCIATION AND CORPORATION!

2. Wal-Mart is a publicly traded company. They have shareholders (stock holders and investors). They make decisions based on dollars and cents. Anything else would not be tolerated by the shareholders. Wal-Mart’s decision to stay in Stone Mountain was based on business factors. They basically had three choices:
1. Stay in Stone Mountain and expand to compete with Target
2. Move up US-78 to a new property near Shiloh
3. Leave the market altogether and concede the business to Target
The Shiloh residents and businesses fought to keep them out which left Wal-Mart with just two options. I believe that they made the right decision,… based solely on economics.

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Thank you for your support.

A Domestic Nonprofit Corporation incorporated pursuant to Title 14 of the Official Code of Georgia…
• Business Name History - Georgia Secretary of State
• Original Certificate of Incorporation (PDF file)

TITLE 14. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, CHAPTER 3. NONPROFIT CORPORATIONS
• Georgia Code - Corporations and Partnerships - Title 14
• Title 14, Section 14-3-1620 Member request for financials.
• Title 14, Section 14-3-1602 Member rights to information.
• Title 14, Section 14-3-720 Member rights to member list.
• Title 14, Section 14-3-1604 Corporation non compliance of member requests.

—– Original Message —–
From: Jim Kwater
To: Frances Smith ; Jane Wright
Cc: Marty
Sent: Monday, October 20, 2008 6:53 AM
Subject: Marty’s Resignation

Good Morning,

According to the by-laws:

“9.3 Resignation Any Director or officer of the Association may at any time, resign such position by giving, in writing, notice of resignation to the Secretary of the Association. Such resignation shall take effect at the time it specifies or, if no time is specified, at the time of receipt by the Secretary. No action by the Board of Directors shall be necessary to cause a resignation to be effective.”

Even though Marty did not specifically address his resignation to the Secretary as outlined by the by-laws, his public statement in the recent newsletter “I (Marty Weingarten) have resigned my position as 2nd vice president on the CHHA board.” did include the Secretary on the mailing list. Hence, I conclude that his resignation is complete and requires no further action by the Board.

We will continue to work with Marty since he has agreed to maintain the CHHA website and email distribution.

Jim (1st Vice President - Corinth Hills Homeowner’s Association)

One Response To “CHHA Board Of Directors Business”

1. Admin Says:
   October 20th, 2008 at 11:18 AM

   As I attempted to explain at the annual meeting, the bylaws are setup to favor the board and not the association.

   As is the case with this bit of CHHA business, the board has, and will continue to cite the bylaws when it suits their agenda and laugh them off when it does not. The first vice president stood before the membership at the annual meeting and attempted to diminish the bylaws by stating they were just an informal document, yet he quotes business from them. As I stated at the annual meeting, when it comes to the bylaws and bringing resources to bear, the board wants to have it both ways, formal and informal, a lot of effort or little effort, depending upon how the mood strikes them.

   Membership, the bylaws are in need of revamping in order for you to retain the rightful ownership of your association.

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* This post will be updated on a regular basis until completed. Please reread on occasion as I will edit when the opportunities present themselves. I will notify here when completed.

Last updated: Mon., Oct. 27, 2008 7:45 AM

* * * With the revelation revealed last Friday by the president of the CHHA, “…please keep in mind these by-laws have not been certified nor have they been added to CHHA’s Incorporation Documents.”, it would appear that the bylaws aren’t valid. No sense wasting time dissecting individual articles any longer. At such a time that valid bylaws are presented, we’ll continue if necessary.

I’m calling for a reevaluation of the CHHA bylaws and want to offer you the opportunity to review the articles that have the greatest impact on you as a resident of the neighborhood and member of the association. I will also offer recommendations and invite your input. These recommendations then need to be submitted to the board for a vote to adopt or decline.

This will be presented in no particular order.

A link to the current bylaws may be found in the navigational menu to the right.

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9.1 Removal of Director Any Director of the Association may be removed at any time, with or without cause, by an affirmative vote of two-thirds of the full Board of Directors.

9.2 Removal of Officer Any officer of the Association may be removed at any time with or without cause, by resolution duly adopted by a majority of all persons elected and then serving as Directors.

Why is this bad? The board holds complete control over the power of officer removal. Board members ask for your vote,… you vote them into office, you should have the ability to kick them out should they ever act against the best interests and wishes of the majority of the membership. Officers are elected for a two year term,… this is too long a time to tolerate a problem with a particular officer or the entire board as the case may be. The threat of membership action should be sufficient to encourage their cooperation. As it stands now there is absolutely no recourse for the membership.

Recommendation: Add a membership recall provision.

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6.1 Regular Meetings. The Board of Directors shall meet no less than four times per year.

What’s wrong with this? As stated the board could conduct meetings on four consecutive days at any point in the year and still satisfy the obligation to the bylaws. Again, as I have repeatedly stated, this is YOUR association and as such YOUR concerns should be the focus of board consideration. My point being that the meetings need to be spread out over time, YOU should be contacted and informed of meetings. If you have a concern it should not have to wait. As it has been working, if you should have a concern in February (for example) you’d have to wait around until the next publicly scheduled meeting which has been the annual meeting in October, November or December. This should not be the case.

Additionally, and more importantly, there is absolutely no language to suggest that it might be nice to include the input of the association membership. Again, this is YOUR association.

Recommendation: Amend the bylaws to require one meeting each quarter of the calendar year. Include a provision to mandate sufficient notification in advance of a meeting in order to invite participation and input from the association membership. This notification should include any agenda items already tabled for the meeting by the board. It should be mandated that the board be required to discuss any agenda item submitted by an association member and/or discuss any membership relayed pros or cons of previously tabled agenda items. Lastly, it should be mandated that the board provide a summary of the meeting along with details of actions taken. These measures would also have the added benefit of encouraging a constant dialog between the board and association membership.

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5.6 Conflict of Interest. No Director shall participate in any decision involving any firm, organization, or institution with which such Director has any direct or indirect relationship.

What’s wrong with this? NOTHING! It’s one of the few articles that I like just as it is written. BUT, as written I believe that we do have a sitting officer on the board that is in violation of this article.

Recommendation: STOP IT!

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I have had many dealings with many boards both as a member and as a petitioner and this is the only board that I have dealt with that has behaved in this manner. As I mentioned at the annual meeting, the Gwinnett County Public School Board Meeting website is an example of how a board should work with respects to meetings and involvement of those it represents.

I had a concern that I addressed with the county over the course of a year that ultimately required that I address the board in person at the February 2008 meeting. The process worked and I prevailed. You can click here to view the minutes of this meeting - scroll down to the section entitled “CITIZENS AND GROUPS ADDRESSING THE BOARD” and you will see my name. BTW - this link is a PDF file.

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FAQs

I’ve begun to get feedback on this so I thought I’d address the FAQs here to save everyone some time.

Q. DUDE!,… weren’t you on the board and didn’t you review the bylaws before the vote?
A. Yes, I was and did. The short answer is that I made a BIG mistake, but want to make corrections in order to make it right. Long answer - I was initially not all that interested in the bylaws when discussed at board meetings as this was a board issue. I wanted to address neighborhood issues such as Pounds Rd. and the like. I was always puzzled by the bylaw agenda as this seemed like an awfully formal item for such an informal organization. But the bylaw initiative continued and I (and the rest of the board) were asked to eventually review the bylaws. I must admit that when I was reading the document I was looking more for grammatical errors and structure rather than meaning. MY MISTAKE! After realizing the errors I did attempt to convey my concerns to the board both verbally and in writing but the responses were either that they didn’t understand what I wanted or in most instances no response at all.

My personal belief is that the board wanted the legal indemnification articles in order to protect themselves.

Q. Why did you resign as 2nd vice president after the annual meeting?
A. My position on the board had been rendered useless due to no one wanting to respond to my concerns and work with me on resolutions.

Q. Isn’t this getting personal?
A. Not in my opinion,… My problem is with the way in which the board is operating, with the way in which the board chooses to interact (or not as the case may be) with the membership (YOU) and with the way in which the board members are conducting themselves in an official capacity during the course of business. Everything discussed has been and remains CHHA board and association membership business. I stand behind every written word, have the documentation to back up my claims and since this is CHHA business, a business that has been incorporated under Title 14 of the Official Code of Georgia, I will produce and publish this documentation should it become necessary. BTW - courts accept e-mail as evidence.

Q. Why the concern?
A. My major concerns began in the summer of 2007…
- The board (without my input) arranged a meeting to discuss the possibilities of changing the name of our community from Stone Mountain to something else.
- I was very much opposed to this endeavor and expressed it to everyone involved both verbally and in writing.
- I recommended to the board - in writing - that this issue be brought up before the community. I received no reply.
- Topics ranged from a simple name change to being annexed by the City of Lilburn to the possibility of incorporating our own city.
- Books on the subject of the incorporation of the City of Sandy Springs were purchased for board members to read.
- Clay Cox, our Georgia State Representative was invited and attended the meeting.
- After the meeting follow up letters were sent to Mr. Cox and Johnny Isakson, our U.S. Senator.
- After the meeting interviews were given to the AJC and the Gwinnett Daily Post by our board president and 1st vice president who represented themselves as officers of the CHHA and discussed the issues outlined above. The papers published these articles. The AJC and GDP both called my house requesting an interview, but I declined as I felt that it was inappropriate.

These issues outlined above would touch EVERY SINGLE homeowner not only in this neighborhood but in surrounding communities as well.
- Every account you have that mails a statement to your home would have to be updated due to the address change.
- In the event of incorporation…
- Additional taxes
- A new layer of government in the form of a city council and mayor

OUR ASSOCIATION MEMBERSHIP WAS NEVER INFORMED OF THIS AGENDA!

THIS IS WRONG!!! The board should run issues like this before the membership PRIOR to acting upon them privately. If the membership approves, THEN the board can run with it.

If the board is willing to do this, I fear what other endeavors they might pursue privately and so should YOU!

Stay tuned, more to come…

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The CHHA will be hosting a coffee and desert social on Tuesday, October 21, 2008 at the Metro Diner beginning at 7:00 PM. CHHA will be providing beverages (only) to everyone.

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In this issue:
1. Corinth Hills Homeowner’s Association Board of Directors Status
2. Marty Weingarten To Run For CHHA Board President in 2009
3. CorinthHills.org Website Status
4. FREE CorinthHills.org E-mail Address
5. Community Mailing List
6. CHHA Bylaw Revisions
7. Special Requests

=======================================================

1. Corinth Hills Homeowner’s Association Board of Directors Status

I (Marty Weingarten) have resigned my position as 2nd vice president on the CHHA board. This leaves two vacancies - Treasurer and 2nd Vice President. I would like to plead for association members to consider volunteering to fill these positions.

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2. Marty Weingarten To Run For CHHA Board President in 2009

This is YOUR association, you deserve a board that understands this and conducts business accordingly!
My platform for reform:
- No B.S. - I have a very low tolerance for B.S. and pledge to not subject you to any.
- A blanket policy of inclusion
- Transparency of association and board business
- Notification in advance of meetings held on your behalf
- Invitation to participate - we want your input!
- Disclosure - Summaries of business conducted on your behalf
- Aggressive recruitment of new membership
- Free flow of community news and information
- Overhaul of the bylaws to ensure homeowner inclusion and participation
Lastly - We’ve spent years and countless hours discussing the neighborhood sign and yet we still have nothing to show for it. I pledge to continue to seek a resolution without continually dwelling on the issue.

Your current board has been assembled for years, has held dozens of meetings, meetings that are supposedly held on the behalf of YOU who voted for them in the first place. Ask yourself:
- How many times have I been notified of a meeting?
- How many times have I been invited to submit an agenda item or concern?
- How many times have I been informed of the results of these meetings?

If the current board is not considering YOUR concerns at their board meetings, what are they doing? What’s the point of a board meeting if not for the consideration of the homeowner’s concerns? For that matter, what’s the point of having a board at all?

At our annual meeting the question of the neighborhood’s ability to contact a board member for the purposes of expressing a concern was raised by a sitting board member and I didn’t have the opportunity to address in reply. Sure, the association is free to contact any board member at any time to express a concern, but if this is the way the association wishes to address concerns, the board should be dissolved. One of the major purposes of a board that has been duly elected by its association is to invite input from that association it represents at board meetings. An analogy is that you don’t have to own a pet, but should you decide to have one certain responsibilities are attached. If you don’t want those responsibilities, don’t buy a pet. Using this analogy, had we maintained our pet in the same manner as has been the case with board meetings, we’d have one dead pet right now.

Don’t take my word for it, ask your friends, family and neighbors how a board is supposed to work, then ask yourself if this is what is occurring within your own association.

I attempted to address these issues - in writing - with the current board as 2nd vice president but was unsuccessful in my attempts.

Finally, some insight for you to ponder - I’m not a Republican nor a Democrat, I vote for the candidate that I feel would serve best in the position they’re seeking. I’m not an optimist nor a pessimist but a realist who tries to independently evaluate each situation as it presents itself.

=======================================================

3. CorinthHills.org Website Status

CorinthHills.org will continue. As a member of the association I pledge to continue posting as much information about the CHHA as is offered,… much as it has been. I will also continue to post news, information and happenings from surrounding communities. The website is currently receiving approximately 100 unique visitors each day.

Please contact admin@corinthhills.org with news about our area for posting on the website.

We also own Gwinnettian.com, Gwinnettians.com and Gwinnett.ws and may possibly switch to one of these as our primary address at some point in the future. I’ve also been contacted by others who have expressed interest in collaborating on expanded community projects at these addresses. Same is true for our US-78.com address. Stay tuned!…

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4. FREE CorinthHills.org E-mail Address

I would be happy to setup an @corinthhills.org e-mail address for anyone in the community who would like one. It would be setup to forward to your primary e-mail account. For example: mail sent to john@corinthhills.org would automatically forward to your current e-mail box.

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5. Community Mailing List

I plan to maintain the mailing list and continue broadcasting news to the community as conditions warrant. I am very pleased to state that the website continues to register newsletter subscribers with many being from surrounding neighborhoods and even a few from GwinnettCounty.com and EvermoreCID.com. We appreciate them peeking in on us. As always, we would appreciate their news for distribution.

Should you not wish to be notified of neighborhood alerts via e-mail, please reply to this message with a short note asking to be removed and we will be happy to accommodate your request. E-mail changes and additions are appreciated.

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6. CHHA Bylaw Revisions

As I touched on at the annual meeting, if you review the CHHA bylaws you will notice that the document is almost entirely comprised of the board’s obligation to the board. The bylaws need to be revised and amended to refocus attention away from the board back onto the homeowner’s where it belongs.

I would like to suggest an independent committee be formed to review these bylaws and make recommendations for change to be submitted to the board. If a committee can’t be formed, I would like to request that a volunteer review my recommendations and to give them an official okey-dokey prior to submitting to the board for approval. Unfortunately, according to the bylaws, the board has the final vote on bylaw revisions and amendments - which needs to be changed as well.

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7. Special Requests

The board needs an infusion of new blood in some form or fashion. I would be happy to volunteer my services in some capacity but I will require broad support in order to do so. Me aside, I know that we have some very bright, very capable minds out there within our neighborhood,… PLEASE consider volunteering a little time (it really doesn’t take much) to better our neighborhood.

I would sincerely enjoy the opportunity to arrange a time to speak with anyone who would like to discuss the issues concerning our neighborhood and community. Additionally, should you happen to be a neighbor who has thought of volunteering but is apprehensive in some way about serving on the board and in need of some reassurance about doing so, I would love the opportunity to discuss with you how you could make a positive difference. Likewise, I would appreciate any counseling from anyone who has the desire to assist me with my endeavors.

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Bonus Story Time!

Time to make you suffer through a little story… When I was growing up my grandparents lived in Decatur at the corner of North Decatur Road and Superior Avenue. A nice little house (smaller than mine) for which my grandfather paid less than $3000.00 bucks. It always seemed to be a great little community until around the late 70’s when it endured a downturn. Homes went vacant for long periods of time and they couldn’t give a house away. Long story short - after awhile the homeowner’s finally banded together, identified issues, coordinated tactics, cooperated amongst themselves, contacted the appropriate authorities when necessary and exacted positive results - much as we accomplished as a neighborhood recently with the graffiti incidents. Today, the homes in that area go for $500,000 and up and are very much in demand.

Thank you for your support. Vote early and often!