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

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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.

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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.

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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.

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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.

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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.