Wednesday, December 28, 2011

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…

 

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1 comment:

  1. I believe that the sharing of our community financials is not only imperative but is an obligation of the Board. Any member of GIL, who pays their dues on time and is in good financial standing, is not only entitled to the financials, but they are entitled to approve and/or disapprove the annual financials/budget at the annual meeting. (Board Officers may indicate otherwise but they are unable to reproduce the "opinion" issued by an attorney several years ago that claims otherwise) As a past board member, who resigned before serving my full term, found the Board's blatant disregard for transparency to be unacceptable in their duties as elected officials of our community. Each and every member of our association has rights that they are entitled to as dues paying members of our association and are entitled to the enforcement of those rights. Our community BLOGGER has clearly stated Georgia Code 44-3-230 and I call on our association members to take a stand for your rights and transparency of our Board's actions on behalf of our community. Thank you!

    Note... For those of you reading, I have requested the same in board meetings, as well as the annual meeting. And as a believer in transparency, I will make my comments and identity known.

    Request of the Board:
    1. Share the Income Statement along with the Balance Sheet
    2. Include all supporting documentation, proposals and estimates for maintenance/improvement projects
    3. Adhere to Georgia Code and include the approval/disapproval vote on the annual ballot

    ReplyDelete