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…