Suther-spam: Part 2 - Deaf ears and hot air cost homeowners $10,000

This is the second post of a four part fact-checking series brought to you by the Glen Iris Blog.

WHY FACT CHECK?
It doesn't exactly take the observational skills of Angela Lansbury for one to put together pretty quickly that Stuart Sutherland is a man that is seldom wrong about anything.

In fact, Stuart comes across as so right about everything, some might even label him a bit of a Renaissance man - well versed in everything from the nuts and bolts of commercial construction to the nitty-gritty nuances of accounting and business math. So, the Glen Iris Blog thought it might be educational to take several statements and claims made by Stuart Sutherland at our Annual Meeting and do a little fact checking to see if, in fact, he is as knowledgeable as he would have us believe.

DISINFORMATION  At the recent Annual Meeting, one homeowner proposed turning down or off the electric space heaters that dot the stairwells of both the 660 and 640 buildings.  I don't recall the exact dollar figure that the homeowner maintained could be saved annually by this proposed cost cutting measure, but I believe it was on the order of $4,000.

Upon hearing this suggestion, I was awestruck by how quickly and firmly the money saving suggestion was discarded out of hand by Stuart Sutherland.  What was even more telling, to me anyway, was the certainty with which Stuart announced that no money could be saved by the homeowner's suggestion whatsoever.  And if I've learned one thing about Stuart Sutherland, it's that the more adamantly certain he sounds, the more likely it is that what he's saying is pulled straight out of his arse and highly unlikely to have much, if any, truth to it whatsoever.

But, admittedly, that's just my opinion.  So, in an effort to add a measure of empiricism to the debate, the Glen Iris Blog decided to take an independent look at both the claims made by the homeowner and the claims made by Stuart.

FACT   Using actual Georgia Power usage and cost data provided to the Blog by CMA, it turns out that the homeowner and Stuart were both wrong.  In fact, electric space heaters (one of the few things consuming electricity only when it's cold, apart from heat strips to prevent pipes from freezing, however they are only drawing power when the temperature drops below freezing) are almost certainly adding significantly to electricity usage during the winter months. (Continued...)

Suther-spam: Fact checking the Sutherland disinformation machine

This is the first post of a four part fact-checking series brought to you by the Glen Iris Blog.

Suther-spam:  Part 1 - Shut up and pay up

It doesn't exactly take the observational skills of Angela Lansbury for one to put together pretty quickly that Stuart Sutherland is a man that is seldom wrong about anything.

In fact, Stuart comes across as so right about everything, some might even label him a bit of a Renaissance man - well versed in everything from the nuts and bolts of commercial construction to the nitty-gritty nuances of accounting and business math. So, the Glen Iris Blog thought it might be educational to take several statements and claims made by Stuart Sutherland at our Annual Meeting and do a little fact checking to see if, in fact, he is as knowledgeable as he would have us believe. 

*Note: Many homeowners may be unaware of the manner by which our Association adopts a budget.  It's not so much an 'approval process' as it is a 'dissapproval process' - whereby the budget is whatever the Board says it will be.  The only way around that is to have the budget disapproved by way of a procedurally improbable scenario whereby members may disapprove the budget predetermined by the Board at the Annual Meeting.  It would require a minimum of 56 members to be present, in person, at the meeting (not by proxy) and all of whom are in unanimous support of not supporting the budget for the coming year.  Sounds like an attorney's dream come true, doesn't it? It is.

DISINFORMATION   In introducing the 2012 budget, the Board Treasurer - oops, my bad - our Treasurer didn't present the budget to those in attendance at the Annual Meeting (I was momentarily confused because that's the way every other Association on the planet does it, but given the reality that our Board is, and has been for years, more or less a clever democratic-looking disguise for the Sutherlands and their dictatorial hold on our Association, Stuart naturally presented the 2012 budget rather than it being presented by Jennifer Keir, our Treasurer).  Let me try again.  In introducing the 2012 budget, the Board - i.e. Stuart - claimed that the 2012 budget 'holds the line on expenses' and even went as far as to make the claim that, with the exception of the budget item for water and sewer, the 2012 budget contains several items of expense decreases over 2011. (Continued...)

It's still 'Kit's Board' and Fidel's Cuba...

You know how you can always tell when you've had a busy weekend going here, going there, shopping for this and dropping off that....compared with one where you sat around the house not doing much of this and careful to not do too much of that?  Easy.  You end up with a pocket full of receipts and paper doing the former and nary two cotton fibers to rub together doing the later.

And it's no different with GIL Board members as it is with anyone else.  That's how you know that despite their big put-on for the they've-fallen-for-that-crap-for-nearly-six-years-now-so-surely-they-will-again homeowners (you know the skit - Stuart pretends to be on-the-Board-and-In-Charge while
Kit takes a hiatus, sticking her nose into other people's business other than ours), Kit has never really gone anywhere.  She's right where she's been all along - running 'her Board'.
You know how I know? That's simple. (Continued...)

Letter to Georgia State Attorney General: Board’s refusal to provide financials at annual meeting violates State law

Refusal by the GIL Board of Directors to make Association financials available to members upon request is nothing new to homeowners at Glen Iris Lofts.  Despite the fact that such refusal violates provisions of the GIL By-Laws and despite the fact that such refusal appears to be a violation of State law, the Association’s balance sheet, income statement and other important documents detailing the financial health of the Association have, for years, been off-limits to homeowners.

Why the lack of transparency?  One can only speculate, but, according to a copy of a letter obtained by the Glen Iris Blog, it’s the subject of a complaint recently made to the office of Samuel Olens – the Attorney General for the State of Georgia.  The letter maintains that the Board’s long-standing refusal to make Association financials available to members – most recently at the Annual Meeting – is a violation of State law. The letter specifically cites Georgia Code Sec. 44-3-230 – a section of the Georgia Property Owners’ Association Act - that states:

“At the annual meeting, comprehensive reports on the affairs, finances, and budget projections of the association shall be made to the lot owners.”

-Georgia Code 44-3-230

The letter also raises the concern that such a long-standing and steadfast lack of transparency on the part of the Glen Iris Board may be the result of financial malfeasance or misappropriation of Association funds that could be on-going for nearly a decade – with possibly devastating financial repercussions for the 110 Georgians who call Glen Iris Lofts home.

Stay tuned, neighbors…

 

Kit Sutherland: Speak up or stand down

Many homeowners are unaware that Kit Sutherland has been - and continues to be - acting in an official capacity for our Association, despite the fact that she has not been elected to do so by the members of the Association in the last election or the one prior. 'But I thought you have to be elected to serve on the Board' you say. True, you do have to be elected to serve as a Director. But here's where a little loophole in our By-Laws comes in handy. The Board, at it's discretion, can appoint 'Community Officers' - which is exactly what they did with Kit Sutherland. And, as long as the Board is the only entity that determines what names get on the ballot for Director positions, the Sutherlands can make sure they have a Board that is not entirely independent, but, rather, beholden to them.
But those are the rules, and it wouldn't be so egregious if it didn't produce the very undemocratic result of people acting in official capacities on our behalf that answer to no one but the Sutherlands - or in the case of Kit - answering to nobody at all for anything.

And Kit has proven that she answers to no one - especially not commoner homeowners. Despite the allegations that she has had, and continues to have, improper ties with the developer, Kit Sutherland has not said one word on the matter to homeowners publicly. No simple denial. No nothin' - nada, zero, zip, zilch.

And why would she? (Continued...)

Sutherlands hire high-profile attorney amid fraud allegations

Well, it looks like Christmas dinner might not be the only thing heating up in the Sutherland kitchen this year!  I received an e-mail today from a homeowner revealing that, amid allegations of fraud surrounding their alleged business ties with well-known Atlanta developer Jerrold Miller, Stuart and Mary ‘Kit’ Sutherland have recently hired high-profile Atlanta attorney Katherine Hernacki.

According to her firm’s Web site, Ms. Hernacki has ‘handled several high profile matters including...

representation of Richard Jewell in matters arising out of reporting about Mr. Jewell in connection with the bombing of Centennial Olympic Park in Atlanta, (Continued...)

A holiday recipe for you and yours: Grilled HOA served Sutherland Style!

This is the time of year for family, friends and celebratory feasts - so I thought it would be nice to share a recipe I recently stumbled across in my pantry - Grilled HOA served Sutherland Style .  It's a holiday recipe that is sure to keep you and your family in control of an association’s board for a millennia. Yum!

Note:  This recipe serves: 2
Ingredients:

• 1 spouse
• 1 large bowl of contempt for the poor, hapless homeowners who need you to save them from themselves
• 1 sharp knife (in case anyone’s getting out of line)
• ¾ Cup of nothing better to do
• 1 large ego
• A pinch of delusion (just enough to where you think you are doing everyone a favor)
• 1 Cup each of Plans B and C (in case anyone finds out about what you’ve been up to in the kitchen)!
• 1 Investment tax credit incentive (but any other incentive you have lying about will do ;-)
• A functional egg timer (so you know when your time is up)

Okay, let’s get started!

1. Lay all the Members of the association out on a platter and butter them up real well (if any won’t stay on the platter, just cut those ones off and discard or discredit) (Continued...)
   

A note about leaving blog comments

Just an FYI..I do not believe it is my right nor my responsibility to censor whatever comments grown adults  choose to share with their neighbors. Extreme censorship is one of the main reasons no one uses our intranet to do anything more than get a copy of sanitized Board meeting minutes anymore. If you live here at GIL, then I presume you must have enough sense to decide what's appropriate on your own.

If you see a note that a post has been deleted by the blog administrator, then it was blog spam ("I know this is off topic...but you wanna know how I lost 15 pounds in 2 days...) and I gave it the boot. Unlike some, I actually want to hear what you have to say - even if it's that you think I'm a complete jerk. I'm a grown up and am perfectly able to hold my own.

I would rather our see our community improve by way of genuine and inclusive dialog than allow this forum become what our intranet became - a tool to manipulate what others think and discuss and a place as lacking in fresh ideas and any true spirit of community activism as the people that made it that way.

The Zero-Transparency Team strikes again!

Here's what I want to know...if our current water bill is estimated - like Stuart Sutherland claims - then why is every month's bill different?  They left that little detail out at the meeting, 'natch.

I bet you one of those yummy 'dinners for two to go' from Whole Foods that I know the answer!  Because like everything else they tell you, I think they make that shit up as they go along.  Hello.

Don't believe me?  Then ask yourself why we're probably the only condo association members on the planet that never get a balance sheet at their annual meeting.  Now that I think about it, I don't think we have ever gotten one. By doing that, they are basically telling homeowners that "it's none of your business what we do with your money".  I'm sorry, but I think that's just shady - and hardly very 'neighborly'.  Would somebody please deliver us from the Sutherlands' 'generous' volunteerism before they take our Association over a cliff?

My friends, I think we are being managed, lied to and played for suckers.  Which is why I'm giving myself a consultation with an attorney for Christmas!  Maybe it will help, maybe not.  One thing's for sure - it certainly couldn't make our Board any less transparent than it already is!  Stay tuned...

Board's hot pursuit of developer for $200K problem turns ice cold after Sutherlands assume Board presidency

In an e-mail dated June 4, 2003 (included, below), Sandra Jones, the first GIL Board President (and until 2011, the only non-Sutherland Board President), asks Mike Beecham (an associate with Piedmont Management Company, the management company GIL used prior to switching to CMA) to have Gary Caruso of Criterium Caruso Engineers investigate 'as quickly as possible' any responsibility the developer, Jerry Miller or Miller-Gallman Developers may have in the failure of the retaining wall behind Phase II - a problem that ended up costing GIL homeowners more than $200K to remedy less than two years later.

Interestingly, Kit Sutherland, who was on the GIL Board at the time - although not yet serving as President - appeared to take an keen interest in the growing problem early on, as that same e-mail indicates that a week prior to Jones' request of Beecham, she had already met with Gary Caruso - the engineer Jones had tapped to look into the reasons behind the failure of the slope's stabilization. (Continued...)

Unpaid dues are no big deal...when your friends are running the Board

As most homeowners know by now, to get behind on your monthly HOA dues is a quick way to get crossed off the Sutherland's Christmas card list - and find yourself on the wrong end of an instantaneous full-court press collection effort. GIL history is littered with examples of fellow homeowners who have, for one reason or another, wound up in an financial thicket and quickly discovered just how aggressive the Association can be under the reign of the Sutherlands and their attorney-for-every-occasion mentality.  There's the one homeowner that got behind on her dues only to find her wages from a local university garnished (embarrassing, I'm sure). And, oh the number of liens that have been filed over the last nine years - if you put them all end-to-end they would stretch from here to Miller-Gallman and back!


Don't get me wrong - I think it's a good thing that our Association goes after every penny it's owed.  Can you imagine how outrageous the dues would be if they didn't!  Everyone should pay their dues in full and on time.  It isn't fair to your neighbors if you don't.


I only make mention of how hard the Association comes down on those who are late to pay because I have recently learned that there has been one, very eyebrow-raising exception, where a homeowner failed to pay their dues for months on end and didn't get the 'Sutherland treatment' that you and I are familiar with.  What did he get instead?  (Continued...)

Latest election of Board members not valid, according to GIL By-Laws

According to the GIL By-Laws (as amended, 2003), the latest election held to fill the number of vacant Board positions at the Annual Meeting was not valid as it violated several provisions governing elections set forth in section 4.07 'Procedure for Election' (Section 4.07 in its entirety included with this post, below).  Specifically, the recent election violated the By-Laws as follows:


1.  The By-Laws do not accommodate voting in advance of the meeting.  Accordingly, any ballots that were mailed to Maggie at CMA prior to the Annual Meeting are not valid.

"Election of Board of Directors shall be by secret written ballot, unless dispensed by unanimous consent, and at such election, members or their proxies may cast..."

Notice the By-Laws do not accommodate voting prior to such election. The votes for Board positions sent prior to the meeting to Maggie at CMA are invalid as they were not voted at the election.


In fact, advance voting is not possible under the current By-Laws as those casting votes are required to list the names of those for whom they wish to vote after the completion of the nomination process, which takes place, according to the By-Laws, at the annual meeting itself.  See issue two, below. (Continued...)

Board President left holding the bag...of bird shit

If, after nearly 10 years of what I believe to be the Sutherland’s stunts, dirty tricks, shenanigans and otherwise enrolling others in their favorite game – the one they excel at like no other – pitting one homeowner against another, there are any homeowners still naïve enough to think that the Sutherlands aren’t still fully in control of the Glen Iris Board - titles be damned - then one discussion in particular at the Annual Meeting would have surely convinced the last of the non-believers.  It was, of all things, the discussion about bird poop.  Yes, you read correctly, bird poop.

So, there everyone was at the meeting and the subject of the nasty bird nests in the ceilings of the Phase I and Phase II garages came up.  That’s when you saw Stuart slowly slink to the background and stand quietly by, allowing poor Yoel Bakas, the current Board President, to lead the discussion - and make a fool of himself by being only half-informed – just the way the Sutherlands like ‘em.

Here’s the 411 on the bird poop. (Continued...)

'KitWrites'...and develops real estate - according to Kit Sutherland

If you spend ten minutes with Kit Sutherland, you are sure to be told how she gave up a 'lucrative consulting career' to pursue a self-less, decade-long stranglehold on the Glen Iris Board and the noble calling of a 'historic preservationist'.  'KitWrites' is the business name she chose for herself.  If you didn't look any further than that, you might wrongly come away with the idea that, she, well...just writes for a living, right?  Wrong.  All you need to do is visit the Georgia Secretary of State, Corporations Division Web site to find out the business purpose of KitWrites in her own words.


Anyone that starts a business entity in the State of Georgia has to tell the Secretary of State what type of business they intend to engage in - so Home Depot said they would be retailing home improvement products, Coke mentioned selling beverages, etc.  What did Kit tell the Secretary of State in 1995 when she formed her business entity?  (Continued...)

Way to hold down costs, Stuart!

Boy are we stupid! Stuart blamed the whopping 15% increase in HOA dues for next year on the ginormous increase in water and sewer charges...but did anyone notice that the budget for next year increased 2% without the extra $52,500 in water and sewer increases?  And that would be after the 11% increase in dues last year and the 7% increase the year prior to that.

Way to 'hold down costs', Stuart.  Great job.

Curiously scurrilous...

scur·ril·ous/ˈskərələs/

Adjective:

Making or spreading scandalous claims about someone with the intention of damaging their reputation: "a scurrilous attack". Humorously insulting.

In yet another denial by Stuart of Kit's alleged involvement with the developer, Stuart announced to all at the Annual HOA meeting that he had discussed the allegations with Jerry Miller (whom the...

Developer Acknowledges Responsibility for Deficiencies as Early as Oct 2002

Mmm...I wonder why GIL homeowners ended up footing the $200,000+ bill for the slope stabilization project behind Ph. II when the developer acknowledged responsibility for the problem as far back as October of 2002.  Check out the Board meeting minutes from October 2002 (Continued...)

Glen Iris Lofts Home Ownership for Dummies

Here's a scan of a satirical cartoon someone recently posted in the elevator of Ph. II.  Note to the author: Sorry I took your posting down, but it was just too funny to not find a place on the Blog...thank you!

Annual HOA Meeting Kabuki Theater...

Well, there we were again...Stuart pretending to listen and homeowners pretending that they are involved.  And what with Kit and her damned laptop?! She gets more abrasive every year.  By this time next year, she may even be as pompous and abrasive as her husband... Mmm....nah.  Not possible.

And, ah, show up an hour late, busy yourself with everything but what you're supposedly there for and then dart out the back door before anyone could ask you a question much?  She was no doubt late to another meeting...at 10:00 p.m.  And hasn't anyone noticed that Kit herself has said nothing on the subject of whether or not she is affiliated in any way with Miller-Gallman Developers?  Not a word.  In fact, she wrapped up her intrusive and disrespectful keyboarding session but fast once someone said that they would just ask her the questions about Miller-Gallman themselves rather than continue to pose them to Stuart.


All I know is that...I might be inclined to think that maybe her name popping up with Miller-Gallman is just some weird fluke - were it not for what seems to me as completely guilty behavior.