It is a widely known fact that our Board, under Sutherland control, has gone through extraordinary lengths to deny homeowners access to Association records. The rights of inspection spelled out in our By-Laws have been largely ignored - even flouted - for years, as repeated attempts by a parade of former and current homeowners seeking to exercise their rights of inspection were - almost without exception - summarily stonewalled.
There is a relatively straight forward way around that brick wall – although it is costly. Given the clear rights of inspection that are due members of the Association, not only as guaranteed by our By-Laws, but by the Georgia Non-Profit Corporation Code (O.P.G.A. 14-3-101) – state law by which our Association is governed – an aggrieved homeowner can obtain judicial enforcement of their rights without having to leap any extraordinary legal hurdles. But the mere fact that our Board forces the issue itself creates an extraordinary hurdle – because the only way to bring the power of judicial enforcement to bear is for the homeowner to sue their own Association. And, given that the costs of bringing such legal action must, almost invariably, be underwritten by a single member, that cost is usually sufficient to discourage any casual interest that homeowner may have in reviewing Association records.
Of course, there is one homeowner among us who has been pulling the levers of power on the Glen Iris Lofts Board of Directors since its inception, and who knows better than anyone - by virtue of being an attorney - that the cost of suing one's own Association will nearly always trump that member's interest in reviewing records, and that person is Stuart Sutherland. This, despite the fact that professional codes of conduct and the ethical requirements of his profession would appear to demand that he demonstrate a greater respect for the law. But, for some reason, he doesn't. And this apparent willingness to simply disregard what the law would require - knowing that the eventual cost for doing so could be professional censorship or even possible disbarment from practicing law in the State of Georgia – raises a number of interesting questions. (Continued...)
It’s probably safe to assume that someone in Stuart’s position wouldn’t take such risks were there not some reward for doing so. Perhaps that ‘reward’ is nothing more than some bizarre ‘ego boost’ that one might get by way of simply getting away with something. It’s much more likely, however, that the reward to be had is a good deal more pedestrian than the mere aggrandizement of one's already healthy ego. Perhaps the extraordinary amount of effort expended to restrict access to information – and its necessary attendant assumption of professional risk – simply boils down to the value that can be derived from having such information all to one’s self.
Starting tomorrow, the Blog will be publishing a series of posts that chronicle Stuart Sutherland’s curious fixation…no, strike that…rather, his almost desperate desire to ensure that he has had a constant and steady hand directly at the helm of our Association for almost a decade without interruption. And while the Blog will, obviously, allow its readers to reach their own conclusions, the timeline of events that will be presented are certain to bring a good number of heretofore ‘inexplicable’ actions, statements and turns of event, much clearer into focus.
So, be sure to jot a note down to yourself to visit the Blog tomorrow after twelve noon - when the first post will published - and come prepared to see what picture you come up with when you connect the dots.
Of course, there is one homeowner among us who has been pulling the levers of power on the Glen Iris Lofts Board of Directors since its inception, and who knows better than anyone - by virtue of being an attorney - that the cost of suing one's own Association will nearly always trump that member's interest in reviewing records, and that person is Stuart Sutherland. This, despite the fact that professional codes of conduct and the ethical requirements of his profession would appear to demand that he demonstrate a greater respect for the law. But, for some reason, he doesn't. And this apparent willingness to simply disregard what the law would require - knowing that the eventual cost for doing so could be professional censorship or even possible disbarment from practicing law in the State of Georgia – raises a number of interesting questions. (Continued...)
It’s probably safe to assume that someone in Stuart’s position wouldn’t take such risks were there not some reward for doing so. Perhaps that ‘reward’ is nothing more than some bizarre ‘ego boost’ that one might get by way of simply getting away with something. It’s much more likely, however, that the reward to be had is a good deal more pedestrian than the mere aggrandizement of one's already healthy ego. Perhaps the extraordinary amount of effort expended to restrict access to information – and its necessary attendant assumption of professional risk – simply boils down to the value that can be derived from having such information all to one’s self.
Starting tomorrow, the Blog will be publishing a series of posts that chronicle Stuart Sutherland’s curious fixation…no, strike that…rather, his almost desperate desire to ensure that he has had a constant and steady hand directly at the helm of our Association for almost a decade without interruption. And while the Blog will, obviously, allow its readers to reach their own conclusions, the timeline of events that will be presented are certain to bring a good number of heretofore ‘inexplicable’ actions, statements and turns of event, much clearer into focus.
So, be sure to jot a note down to yourself to visit the Blog tomorrow after twelve noon - when the first post will published - and come prepared to see what picture you come up with when you connect the dots.
the Blog
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