Jason Garms
144 Rosewalk Ln.
Bermuda Run, NC 27006

Kinderton Village – Master Association
c/o Priestley Management Co.
1318 Ashley Square
Winston-Salem, NC 27103

September 30, 2015

Master Association Board of Directors,

The purpose of this letter is to inform the Master Association that Thomas Bongaerts, Vice President, and I (Jason Garms), Secretary, will be resigning from our respective positions, effective immediately.

Thomas and I are grateful for having the opportunity to serve on the board, and have enjoyed our interactions. Unfortunately, we do not agree with the recent direction the board is taking, as we do not believe it is in the best interest of the majority of the community, and therefore feel it is best for us to withdraw from the board of directors at this time.

Examples of the board’s direction, in which we cannot support, include, but are not limited to, the approval of a new playground, the approval of the south entrance sign, and decisions to replace trees that were removed due to damaging roots. In our opinion, the recent decision to authorize the expenditure of approximately $22,000 to create a new playground area near Parkview Ln and Oak Wind Dr was not fully vetted with the membership, nor were there a sufficient number of competing bids obtained to ensure competitive quoting. It is our opinion that not being extended the courtesy of being allowed to review, vote, or provide constructive input on substantial capital expenditures such as this is not appropriate. Additionally, we do not believe the location of this playground will positively impact the community, as this area is already a high traffic area with a persisting issue involving school bus drop offs and parking. The combination of a high traffic area and an open playground environment may leave the neighborhood vulnerable to a potentially catastrophic liability.

Together, Thomas and I strive to serve in the best interest of the residents of Kinderton Village, and at this time we do not feel that is achievable with the current direction being taken. Thank you for your cooperation and understanding in this matter.

Regards,

Jason Garms and Thomas Bongaerts

1. Your primary role should be to protect and enhance the value of your community.
2. As directors and officers of a non-profit corporation, you have a legal fiduciary duty. Your actions and liability as a board member are generally protected by governing documents or state statutes for non-profit corporations based on duty of care, duty of loyalty, and acting in good faith. The board should also be protected with directors and officers insurance.
3. The Board should adopt and adhere to a written Code of Conduct.
4. The board must comply with federal, state, and local laws and ensure that the association’s governing documents are followed in a fair and consistent manner.
5. Board members have no individual authority separate of the board and should not make any commitments on behalf of the board. Sensitive communications with other board members should be done by phone since email may be introduced by discovery in the event of a lawsuit.
6. Know the basics of parliamentary procedure, participate with etiquette and support the chair.
7. The board president does vote on motions unless there is a conflict of interest. In at least one state, Florida, the president must vote and is considered to have voted in the affirmative unless he or she votes against the motion or specifically abstains.
8. Communication with members is key. Do not govern in secrecy except when executive sessions are required. Treat residents with the same respect that you would expect. Provide residents with an opportunity to address the board. This is usually done in a resident’s forum at the beginning of some or all board meetings.
9. The board should not become ‘condo commandos’ by overly aggressive enforcement or fining practices. There are first time infractions that usually result from a resident’s lack of knowledge and misunderstanding. There are minor issues, major issues and safety issues. There are repeat offenders. There are the few that commit obvious rule violations, challenge the authority of the board, and stir up disharmony in the community. The challenge for the board is finding the right governing balance that includes objectivity, fairness, consistency, diplomacy, tolerance and measured response.
10. Always work to recruit new volunteers that have the time and skills to serve on the board and on committees. The board should also have a orientation or training plan in place for new members.

1. Know the Rules - Understand and comply with the restrictive covenants, by-laws, and other rules and regulations.
2. Know that you must pay your assessments on time.
3. Do not ignore communications from your homeowners association, especially notices that may regard outstanding assessments, rule violations, or fines. The board has the responsibility to govern fairly and consistently in the interest of all members, which includes placing liens or foreclosing for nonpayment of assessments and fines. Don't let a minor fine escalate to the point that the association board must turn the matter over to an attorney. A fifty dollar fine can easily lead to five hundred dollars or even five thousand dollars.
4. You must maintain your property according to the governing documents and rules.
5. Know that an Architectural Review Application and approval are generally required before making improvements. This typically includes sheds, fences, above ground pools, playground equipment and much more. This may also include paint colors, door styles, landscaping, and mailboxes.
6. Know that your association has certain responsibilities to the membership including compliance with federal and state laws, fiduciary responsibility by board members, elections, meeting notices, meetings, due process and much more as defined in the covenants and by-laws.
7. Stay informed and participate in the business of your homeowner association by reading the meeting minutes, attending the annual meeting, understanding the budget, and volunteering to serve on a committee or board.
8. Maintain a current address with your homeowner association. This is critical if you are a member of a homeowner association but do not live in the community. Examples include rental property, second homes, investment property, and homes used by children in college or retired parents.
9. Know that if your home is rental property or occupied by others, the tenants/occupants should understand that they must also comply with certain restrictive covenants such as parking, pets, architectural changes, and other requirements. This may also include association rules regarding use of playgrounds, pools, tennis courts, parking and other common areas.
10. Know who is in charge. Maintain contact information for an association representative. This may be an on-site employee, a management company, a board member, or the builder/developer.