1. Yes, it's a whole new look! Have questions or need help? Please post your question in the New Forum Questions thread Click the X to the right to dismiss this notice
    Dismiss Notice
  2. Seeing tons of unread posts after the upgrade? See this thread for help. Click the X to the right to dismiss this notice
    Dismiss Notice

2014 Southern Walk HOA Elections

Discussion in 'Broadlands Community Issues' started by cogs, Nov 23, 2014.

  1. cogs

    cogs Well-Known Member

    Joined:
    Oct 18, 2012
    Messages:
    392
    Likes Received:
    54
    2014 Southern Walk HOA annual is scheduled to be held on Monday, December 1st at 7.00 PM at Broadlands Community Center on Waxpool Road.

    Three candidates listed on the Proxy ballots sent out by SWHOA, John Hines, Charles Salas and myself (Shashi Aadipudi) for four positions. Not sure how many are running as write-in candidates, I know of one. I will let them announce themselves.

    Since SWHOA does not provide an online facility for the candidates to speak of their agenda and goals with the community, I am starting this thread. I request all candidates to participate.
     
  2. cogs

    cogs Well-Known Member

    Joined:
    Oct 18, 2012
    Messages:
    392
    Likes Received:
    54
    Shashi Aadipudi


    I believe we are not being served as well as we should by our current board or by our legal team in our fight with OpenBand. We aren't winning in court and we don't even know what our money is buying or what plans our HOA board is making. They pick and choose what information they release, embarrassing homeowners while having no accountability of their own.

    For the last two years, I have been raising concerns about the quality of representation our HOA is receiving from the legal team. I am disappointed by the lack of transparency and communication from the Southern Walk HOA board. I will work to bring positive changes for Southern Walk and positive results to our pursuit of new choices of telecom vendors to the community.

    I am an IT consultant with over 20 years of experience. I've successfully managed several large projects. For the last 10 years, I've been a single parent raising two beautiful daughters. I want Southern Walk to be a better place for all of us.

    With your help, here's what I'll do:

    1. I would like to work as an advocate for the community with Openband to make them more responsive to our needs and issues.

    2. The HOA board's Facebook group is open only to a small minority of the homeowners. I will work to establish an online forum for Southern Walk which will be available ALL homeowners.

    3. I will push the board to publish its minutes and meeting announcements online.

    4. The board's lawsuit against Openband has been dismissed four times. I will push for replacing our non-performing lawyers with attorneys who have a proven track record.

    5. While the board has been losing our case, Lansdowne's board has been winning. I will encourage SWHOA to collaborate with Lansdowne to find new ways to bring choices of telecommunication providers to the homeowners while sharing the costs and resources.

    6. The board budgeted over $ 1 million for legal expenses since 2012 with no explanation as to why. I will push the HOA to provide a detailed accounting of all legal expenses for us to see.

    7. The current board has used its Facebook group to reveal the details and credit collection agency call logs, including the names, of homeowners who have missed a dues payment. I will fight to ensure such disclosures do not happen again and the privacy of the homeowners is respected.

    I need your vote to do these things! Please check my name on this year's Proxy Ballot for our annual meeting on December 1, or attend the meeting and vote for me in person. Call me anytime if you want to talk about how we're going to work for a better board and winning team, at 240-786-2323.

    Thanks,

    Sasidhar (Shashi) Aadipudi
     
    Sleepyhollow likes this.
  3. Zeratul

    Zeratul Well-Known Member

    Joined:
    May 18, 2006
    Messages:
    1,742
    Likes Received:
    125
    Looks like the SWHOA Board of Directors were able to change the Bylaws this time... just in time to destroy your candidacy.

    You will never be allowed to run....just face it the Board will do whatever it takes to changes the rules before you have a chance to run....just sad actually the way all of this works.
     
  4. kevinq

    kevinq Member

    Joined:
    Dec 23, 2006
    Messages:
    675
    Likes Received:
    90
    Yes, you have got to be kidding. A by-laws amendment that increases the restrictions placed onto candidates, which went into effect on November 20 with unanimous approval of the current SWHOA Board of Directors. This is a month after the annual meeting notice, call for nominees, and election ballots were mailed.
     
  5. Zeratul

    Zeratul Well-Known Member

    Joined:
    May 18, 2006
    Messages:
    1,742
    Likes Received:
    125
    Its because Shashi is trying to run as a candidate. They had to think of the easiest ways to preclude him as a candidate and they went after the two easiest ways they could. They tried to put his account in default and since Shashi filed a lawsuit... they used that reason too as a way to cover the bases.

    We have an expensive war against Openband....and now we get to have a war with a resident. How much is that gonna cost?

    Not exactly a great atmosphere we have going here....I don't even want to go to meetings any more.
     
    Last edited: Nov 25, 2014
  6. kevinq

    kevinq Member

    Joined:
    Dec 23, 2006
    Messages:
    675
    Likes Received:
    90
    Don't forget the confidentiality agreement clause, which puts a damper on Sashi's election platform.
     
  7. cogs

    cogs Well-Known Member

    Joined:
    Oct 18, 2012
    Messages:
    392
    Likes Received:
    54
    Kevin,

    SWHOA did not follow the rules for amending the bylaws, hence their claim is invalid.

    According SWHOA Bylaws, it is mandatory that the ALL homeowners are notified of the proposed amendment along with the meeting notice, or ALL homeowners be present at the meeting either in person or by proxy in the meeting when the bylaws are amended.

    The essence of this provision is, ALL homeowners must to be informed of the proposed changes in advance , so the homeowners gets a chance to weigh in on the proposed change.

    The board does not have the power to change the bylaws unilaterally.

    Secondly, Bylaws are part of the contract between the BOA and the Homeowners Amending bylaws essentially changes the contract HOA made with with its members about how the HOA functions.

    To protect the HOA and its members, the Board of Directors do not have right to unilaterally change the Bylaws.

    SWHOA Bylaws state:

    Article XII - Amendments
    These Bylaws may be amended by a Majority Vote of the members if the proposed amendment has been inserted in the notice of meeting or all of the members are present in person or by proxy. Except for Articles 4 and 12 and Sections 2.2 and 2.5 hereof, these Bylaws may also be amended by a Majority Vote of the Board of Directors; provided, however, that the proposed amendment has been inserted in the notice of the meeting.

    I wonder why this Board is going out of their way to keep me away from the board? What are they hiding?

    Please do come to the meeting and ask questions.
     
    Last edited: Nov 27, 2014
  8. cogs

    cogs Well-Known Member

    Joined:
    Oct 18, 2012
    Messages:
    392
    Likes Received:
    54
    Zeratul,

    Please do not give up. This is the time to ask questions and seek accountability.
     
  9. cogs

    cogs Well-Known Member

    Joined:
    Oct 18, 2012
    Messages:
    392
    Likes Received:
    54
    Fellow Southern Walkers: Please do not get discouraged with this latest development. If you do not like how things are done or if you like my position, please do send in your proxy with my name checked.
     
    jjenkins likes this.
  10. DENALI08

    DENALI08 Member

    Joined:
    May 15, 2008
    Messages:
    32
    Likes Received:
    3
    I have to agree with the comments expressed above. Like everything else the SWHOA Board does (like they are some sort of Black Ops group). Allowing a resident to run, then drop the bylaw bomb two weeks later. Unbelievable!!

    I am totally for getting rid of OB or reducing our costs and I realize that some things need to be kept confidential to protect strategy. But I am starting to think there is something this "special group of residents" is trying to hide. They never provide any information. Everything they do results in a loss or costs a lot of money to get us nowhere. They refuse to change lawyers which makes me suspicious. And now in effort number two to prevent ONE specific resident from getting on the board, looks like something's not right again - how much will this cost us in Loudoun County Court or better yet how much will we pay Constance Miller??. Is Jonathan Gruber on retainer to this board as well??

    BTW my guess is this special letter we got cost us about $1000 after postage and copying costs. Another good use of resident $$$$.

    We pay more every month to SWHOA than we do to the BHOA, but at least I feel like I know where that money is going.
     
  11. beahmer

    beahmer Member

    Joined:
    Jul 3, 2004
    Messages:
    849
    Likes Received:
    15
    Interesting - OB and VZW trucks parked along Claiborne together near the OB boxes. Wouldn't that be nice??
     

    Attached Files:

  12. JAGMAN

    JAGMAN Member

    Joined:
    May 13, 2010
    Messages:
    39
    Likes Received:
    13
    Shasi,

    A couple of thoughts - does anyone know if the SWHOA raised the proposed revision to the bylaws at an earlier meeting? Second, why aren't these meetings being recorded? Virginia Code 55-510.1(B) allows members to record unconditionally, but the board may adopt rules for placement and notice. No document however, gives the board the authority to prohibit recording. In the absence of rules, the meeting may be recorded. Furthermore, notice, if required by adopted rules, means notice at the time of the meeting (e.g., there is not a requirement for published notice). Last, it may be time to seek dissolution of the current board by petition of community members (not an easy task, but doable). I have often wondered if the Broadlands HOA could dissolve the board (is it really a board or a committee under the authority of the Broadlands HOA?). Last, I recommend you consult your attorney regarding the latest change in the bylaws specifically targeting you (its pretty obvious).

    Good luck.

    JAGMAN
     
  13. vacliff

    vacliff "You shouldn't say that."

    Joined:
    Nov 14, 2002
    Messages:
    5,120
    Likes Received:
    233
    JAGMAN-
    SW HOA was set up as a subassociation of the Broadlands HOA. However, the Broadlands HOA has no authority/control/say in what happens with the SouthernWalk HOA.
    The Developer set it up that way.
     
  14. JAGMAN

    JAGMAN Member

    Joined:
    May 13, 2010
    Messages:
    39
    Likes Received:
    13
    VACLIFF,

    Thanks for the clarification.

    JAGMAN
     
  15. flynnibus

    flynnibus Well-Known Member Forum Staff

    Joined:
    Oct 29, 2002
    Messages:
    5,353
    Likes Received:
    242
    One has to actually be able to find and get to the meeting to have a chance for that. Between the switching of dates, locations, and lack of announcements about changes... you'd be lucky to find someone making them regularly, let alone recording them. Obviously the board isn't going to record them themselves... they try to charge people just to get the minutes.
     
  16. vacliff

    vacliff "You shouldn't say that."

    Joined:
    Nov 14, 2002
    Messages:
    5,120
    Likes Received:
    233
    Another interesting fact: The SouthernWalk HOA Articles of Incorporation requires that there be a 67% vote of the members, NOT just the HOA Board, in order to change the requirements for eligibility to run for the Board.

    Specifically, Article VII, Section 7.2 states that a member can run as long as they are not financially delinquent for more than 60 days.
    Article VI, sections 6.3 states "at least a 67% vote of the members shall be necessary to adopt any amendment of these Articles..."

    The Articles of Incorporation trump anything in the bylaws. THe HOA Board CANNOT by itself change the rules set down in the Articles of Incorporation.

    Unless SouthernWalk members are fine with their rights and voice being trampled on, this question should be raised at the Annual Meeting. Maybe there is some other legal interpretation that I am missing.
    Even if it is legal, it is morally and ethically reprehensible the lengths this Board will go to keep someone for getting elected to it.
     
    flynnibus likes this.
  17. Capricorn1964

    Capricorn1964 Well-Known Member

    Joined:
    Mar 4, 2010
    Messages:
    1,520
    Likes Received:
    80
    VaCliff, you may say they cannot do it, but they just DID.
     
  18. dsd

    dsd New Member

    Joined:
    Jul 22, 2005
    Messages:
    42
    Likes Received:
    1
    I personally have no issue with OpenBand. I knew what I was signing up for when I bought into the community at construction. I do wish their service was better -- mail is laughable, no roadmap for services, and I can take or leave the TV offering. However, uptime is far above average and connectivity is quite impressive.

    That said, I am with Shashi. The boards latest actions on bylaw changes are deplorable and most likely illegal. Again, this is going to cost unnecessary legal expenses. I truly hope Shashi consults an attorney and follows through with the litigation. I would be happy to pay an assessment to can those who think they can run a community like this.
     
  19. KTdid

    KTdid Well-Known Member

    Joined:
    Jun 14, 2006
    Messages:
    3,274
    Likes Received:
    113
    They may have consulted the attorney and received poor advice.
     
  20. Capricorn1964

    Capricorn1964 Well-Known Member

    Joined:
    Mar 4, 2010
    Messages:
    1,520
    Likes Received:
    80
    Who knows....but I think the fact that SWHOA not winning any of their legal cases involving OB speaks for itself and as far as I know, they aren't changing lawyers at this point. FWIW, Landsdowne won their legal cases so far and have executed a brilliant legal strategy with success while SWHA lawyers have been taking dollar after dollar without winning any cases so far. If Shashi wins the litigation, you can say they are winning on their losing strategy. I, like many of us, are tired of having to pay for losing. Im wondering when will they get some effective and winning attorneys, not the bumbling ones they have right now.
     

Share This Page