Lost Mountain Township (LMT) Residents FROWN at CAI-Proposed Revisions to Covenants and ByLaws

December 21, 2006

By Anita Sowers
Copyright Anita Sowers

When Lost Mountain Township (LMT) residents peeked inside their Christmas stockings, they were shocked at the effort to control. Terry Say, CAI Julie McGhee Howard, and British allies proposed "restated" LMHA, Inc. covenants and bylaws, despite some residents' belief that LMT properties are bound by NO covenants (most certainly not LMHA, Inc. covenants) and regardless of the fact that no duly-elected officers have ever existed in the history of LMT!

Attorney Howard prepared the "LMHA, Inc." revisions at Terence Say's request without polling neighborhood opinions, without obtaining residents' input, and obviously without verifying Terry Say's claim that he legitimately holds officer status of a LMT homeowners association.

A critical concern is Attorney Howard's deceptive "Consent Form" which states:

"The undersigned, as an owner of a lot in Lost Mountain Township and a member of the Lost Mountain Homeowners Association, Inc. AND Lost Mountain Township Association, Inc., hereby consents and agrees to the proposed Amended and Restated Declaration and Bylaws as follows..."

I am unable to sign such a form, as I am not, and never have been, a member of those associations. My property is not, and has never been, bound by covenants of those corporations. I do not wish to enter into a contract with either association, with Terry Say, with Attorney Howard, or with WNCW.

Ms. Howard has nevertheless placed a fraudulent lien on my home for LMHA, Inc. at the request of Say Consulting LLC, a corporation currently is operating under a flawed/deficient status according to the Georgia Secretary of State (see attached SOS info on Say Consulting LLC). Since no legitimate LMHA, Inc. account history exists for me, how did Howard attempt to verify such alleged debt? Julie Howard asked WNCW Paralegal Ranielle Oliver to maliciously CREATE an account history via an EXCEL spreadsheet! How do we know? Howard graciously mailed me the email trail between WNCW and Terry Say proving that Howard delegated Oliver the dirty task of MANUFACTURING a fictitious debt document! Even more amazing is that the made-to-order debt document does not even reference the alleged creditor (LMHA), and the total of alleged debt on the document does not correspond to the amount of lien. Clear violations of the Federal Debt Collection Practices Act (FDCPA)! Attached are copies of the WNCW/Say email trail, the Oliver fabricated debt document, and the Sowers lien.

And the game continues ... No quorum has ever been obtained in the history of LMT, as verified by Ronald Cannon during a 2005 neighborhood gathering. Therefore, no duly-elected officers have ever existed! At this time, Jeff Jenkins claims to be "President"; Hobart (Bart) Leeds claims to be "CEO" and "Vice President"; Terry Say claims to be "CFO" and "Treasurer"; Tracy Hext claims to be "Secretary." Jeff Jenkins has even written residents asking them to voluntarily become members of LMHA, Inc.! What??!! Any takers??!!

Julie Howard's cover letter accompanying her proposals indicates that "small group meetings" are being scheduled for LMT owners to "ask questions about the amendments." It appears that the "Board" is carefully hand-picking and grouping residents to prevent certain owners from interacting with others. A new Board rule? I suppose my invitiation has been lost in the mail!!

In response to residents, I am attaching copies of Say's revisions to expose the absurdity his proposals. Also attached is the "1996 Amendment" which clearly intended to give LMTA, Inc. control of LMT, and it assumed that the original neighbhorhood covenants had been properly filed.

-- covenants are attached as three downloads
-- bylaws are posted as two downloads
-- the 1996 Amendment is attached a one download


The "Big Brother" covenants and bylaws would give total interpretation and control to a Board of Directors. Here are just a few rules from the CAI "Board" game:

• officers would be elected by the Board of Directors, meaning residents would NEVER vote for officers
• assessments and special assessments would be levied at the discretion of the Board of Directors -- in any amount, at any time
• the revisions' refer to common property, but no common property exists; the entry into the subdivision is NOT owned by the subdivision!
• the revisions cite common property which has allegedly has been "SOLD" to Erik Vonk
• the ACC would be chosen by the "Board", and the ACC could consist of the Board of Directors
• the Board of Directors could assess a special assessment in any amount for "administrative fees" and "architect, engineer or other professional consultant" fees
• a home business would be allowed, obviously to the benefit of Mr. Say's consulting business
• two occupants per bedroom -- Big Brother is watching
• the Board would establish all rules regarding pet ownership
• the Board would establish all rules for the parking of any vehicles, trailers, recreational vehicles, etc.
• the Board could tow or boot residents' vehicles
• the Board could require residents to use a single trash vendor (looks like the "Board's" buddies need work)
• residents could not hold yard sales or garage sales without Board approval
• the Board must approve window treatments
• the Board would not allow antennas or satellite dishes
• the Board's ACC must approve removal of trees and shrubs as well as any "redecorating" projects
• the Board would require approval all changes to front, side, and back yards
• a resident must acquire approval from the Board before leasing his home
• the Board would require notification if a homeowner "intends" on selling or transferring LMT property
• the Board would obtain insurance on the Common property, though no common property exists!
• the Board would obtain "Directors' and Officers' Liability Insurance", and the residents would foot the bills (convenient funding for those lawsuits against residents)
• the Board would obtain a "fidelity bond" on "directors, officers, employees, and other persons", and the residents would pay for it
• the Board would have "exclusive authority" to adjust loses under insurance policies
• the Board would have the right to borrow money; grant licenses, permits or easements; dedicate or transfer all or any portion of "Common Property" -- no votes from residents on this one, either
• the Board would have a right to "access, ingress, and egress" properties at its will
• Two-thirds of the owners would have to consent to dissolve the "Association" or to amend the proposed covenants and by-laws; however, only 25% of the homeowners would constitute a quorum AND only a "majority" could remove a Board member from office
• the Board would have the right to "enforce any provision in the Declaration, the Bylaws, or the rules and regulations by self-help and/or by suit at law or in equity to enjoin any violation or to recover monetary damages or both"; basically, the Board would have freedom to sue anyone at anytime at the expense of everyone
• any amendment to the proposed covenants and by-laws would require approval of residents MORTGAGE HOLDERS
• the Board would have a right to file suit against residents at any time at the expense of all homeowners; however, homeowners would NOT be allowed to sue "the Association, the Board of Directors, any Officer or Director, or the Association's property manager" until the Board conducted a meeting
• the Board would demand that no resident print the words "Lost Mountain Township"
• homeowners would be required to "petition" to call a meeting, and such petition must be presented to the "Association's Secretary" (guess who!)
• the Board could "accept proxies by any means it deems acceptable"
• at the Board's discretion, "any action that may be taken ... may be taken without a meeting by written ballot or written consent." (So ... the almighty Board could act on it's own will at any time without consulting with residents!)
• the Board may "order the removal of anyone attending a membership meeting who, in the opinion of the Board, disrupts the conduct of the business"

... and there's so MUCH more.
Who wants to be tethered by a "Board" game with THESE rules??!!

NOTES: All documents referenced herein may be viewed as one .pdf each at www.lostmountaintownship.net, click on "Documents" in the left sidebar.