Annual Meeting Report!

So the annual meeting was held this past Wednesday night. Things went well Rita Barrett from Kuester hosted the meeting, there is a new landscaper starting January 1st they promise to take a little more care when working near siding, fences, pine needles and lave rocks. They also will be trimming branches on the river birches that are within 12 feet of the ground whenever needed.

The HOA attorney spoke about the current situation, basically BnA would not proceed with the purchase of the lots without declarant retaining control of the HOA. The Advisory Board reviewed plans for the new houses and had several issues of concern about how they would fit into the neighborhood, BnA was not taking any suggestions for changes and is proceeding the way they want, ignoring all feedback from the community.

There was some concern raised about the quality of the houses BnA is building, several homeowners feel the quality is well below that of the homes Mercedes built. It also appears although the new homes are still two stories with a garage based on the square footage they are quite smaller than the existing phase 2 homes.

Phase 2 residents are concerned about their lack of parking spaces and would like to use parking spaces in phase 1, or even have a parking area installed next to the pool at home owners expense, opposition was quick on these ideas, it was stated phase 1 does not want to be a parking lot for phase 2, and that phase 2 homeowners have two spaces with the extended driveways and have a 3rd space by utilizing their garages.

Phase 2 residents also would like a club house built somewhere, something they were promised by Mercedes when purchasing their homes.

Volunteers were asked to sign up to serve on a new board which is expected to be selected by the declarant in January, the declarant wants to have control in relation to selling the existing lots to BnA and completing the development, but does not want to be involved in the day to day operations of the HOA and intends to appoint a board and change the covenants to give them the authority to make those day by day decisions.

This is good and welcome news. It is estimated BnA will take just less than 2 years to complete the remaining lots as soon as the declarant sells the last lot to BnA than full control will transfer to the HOA board.

Also it was noted that BnA has their own contract with the declarant that requires them to complete the paving of the roads in Phase 2.

HOA Fee Increase

Starting January 1st HOA fees go up for all homeowners by $10 per month, this includes both phase 1 and phase 2.

Even though we the homeowners have no control over our HOA, it is important all homeowners go to the annual meeting, if we show up, we send a message that we care and that we want to be heard, and let the powers to be that we are watching what they do.

It was actually mentioned at the special meeting a few weeks ago that the attorney was gauging the level of interest from homeowners to report back to his clients, it doesn't send much of a message when 3 or 4 homeowners show up.

Please try to mark your calendar and show up to the annual meeting this December, we all need to be involved and we all need to be heard!

HOA Special Meeting Results

So the proposed changes did pass, to give the declarant now listed as Harpers Mill Community Developers, LLC which has been listed since the last change in 2007 although still ultimately the Buescher Family in Florida and their creditors full control until all lots are 100% complete.

BnA Homes is the builder but control of the HOA will stay with the developer. Several at the meeting did voice concern about BnA's involvement considering their track record this is understandable, once it became clear their was a lot of opposition to BnA, Rita Barrett from Kuester and Sandy Brink the President of our Advisory Board made claims that the BnA Homes that is going to build here is not the same BnA Homes associated with the Pasquinelli Family, or Portrait Homes in anyway, it was stated by them that the Pasquinelli Family is associated with BnA Management Company and not BnA Homes, someone has been seriously mis-informed.

Go to: http://www.bnahomes.com the official BnA Homes website scroll to the bottom of the page you will see it states copyright 2013 BnA Management, LLC so we know BnA Homes and BnA management are one in the same.

Also go to http://www.chicagorealestateforum.com/2011/04/13/well-known-chicago-home-builder-packs-it-up/  and read the last paragraph about the Portrait Homes Bankruptcy and you will clearly see that BnA has been around and is run by the Pasquinelli Family and the now defunct Portrait Homes.

It was also asked at the meeting by one homeowner about who would pay for the completion of the needed development, like paving the roads and finishing common areas in phase 2. There has been to date no money set aside by the developer and no claim of responsibility by them either, many homeowners are afraid those costs will be passed to them in the way of dues or even a special assessment, the costs of which could be over $500,000. The attorney for the developer seemed to say it was the county who would decide if paving the roads etc is required to be done by the developer or not. It appeared that Kuester seemed to think since the roads are private the county would have no say. Kuester is going to inquire and report to the homeowners at the annual meeting what they find out. One of our readers has also reached out to the county and we will update you when he receives a response.

This blog was mentioned at the meeting one homeowner stated they felt some of the information posted here was not accurate, the blog is here to inform homeowners and is written by homeowners, and has a stated goal to inform all homeowners so we can all be informed and be united to help make this neighborhood successful.

If you question any content or have concerns you can always leave a comment below any posting or you can privately email us at harpersmillblogger@gmail.com we accept all submissions, suggestions, tips etc.

A CALL TO ACTION!

Looks like we got rid of one bad builder just to be replaced by another one. BnA Homes, LLC wants to hijack our HOA, here is the scoop and what you can do about it:

They have sent homeowners a letter stating our HOA cannot function properly unless we vote on their proposal, this is simply not true, legally we should have a board made up of homeowners who control our HOA, the declarant was Mercedes Homes, Inc.,. which was dissolved back in 2011 legally at that point the HOA should have called a meeting and elected homeowners to the board to replace the declarant, but this did not happen the Buescher Family of Melbourne Florida, who owned Mercedes Homes kept control using Kuester Real Estate Management as their pawn, since they not us the homeowners hired Kuester in the first place, it did not matter that Mercedes Homes was a family owned business, because the declarant was Mercedes Homes, Inc a corporation that cease to exist when they filed bankruptcy and deregistered with the South Carolina Secretary of State.

The remaining unsold lots remained under the control of another Buescher family business named "Harpers Mill Community Developers, LLC" they have sold these lots to BnA Homes of Chicago Illinois.

Fast forward to today, BnA Homes hired a local attorney which is who is holding this vote next week they have not been very forthcoming with our current advisory board our insiders have told us, in fact they have pretty much pushed them aside stating that they just don't need or want their input at this time.

What the change in the covenants is for is so that control of OUR HOA can be transferred from Mercedes Homes to BnA Homes, and that they KEEP CONTROL until every last house is built and sold, meaning if anything happens to BnA Homes, like they go bankrupt and do not finish the last house they would still retain control of the HOA.

This is all about MONEY Harpers Mill Community Developers, LLC aka the Buescher family can get more money for their unfinished lots by also turning over our HOA to the new builder, we also suspect Kuester which also owns a real estate business is in on the sale and making a percentage.

This change gives our new builder complete control of the HOA, including how much we pay every month in dues, violations, and community rules as examples.

I do not think there would be a large opposition to this at this point if their request was somewhat reasonable like retaining control until 85% with a drop dead date which is normal in a situation like this. To remind those that do not know we had a drop dead date back in 2007, the first homeowners moved in to Harpers Mill in 2003. when 2007 came Mercedes changed the covenants and removed the drop dead date, but no BnA Home, LLC wants control until 100% of the neighborhood is down and has no drop dead date.

At this point our concern is BnA Homes has now come in, has shunned our advisory board and is requesting control until they decide the neighborhood is 100% complete, they have not reached out to any homeowners to introduce them selves or tell us their plans, it has all been kept secret between them and our good friends at Kuester Real Estate, this is un-acceptable.

HERE IS WHAT YOU CAN DO:

There has been some talk that the vote does not matter, do not buy into this talk, if it truly did not matter they would not have a vote, however more than likely if just a few home owners vote yes it will probably give them enough votes to move forward, the only way to counter this, is for EVERY HOME OWNER TO VOTE ABSOLUELTY NO! either in person or by proxy!

VOTE NO ON OCTOBER 31st, 2013 at the office of Palmetto Law Associates, 1171 Market Street, Suite 2014 Fort Mill, SC 29708 or by proxy.

Want To Install a Fence?

A Home owners asked about fencing in their backyard, we responded to them and are reporting the information here for everyone just in case someone else is also thinking about doing this. The HOA does allow a Home Owner to fence in their backyard with White Vinyl fencing. Here is the information:

"I live in Harpers Mill and I was wondering about the fencing...where do we go to complete our fences? Is there a specific type and place we must purchase? What is cost of these? "

You must get a copy of your platt from York County. than you need an ARC form from the HOA, Fill out the ARC form, and draw your fence line on the platt and send it to Kuester for approval. You can get the fencing at Loews or Home Depot, it has to be white vinyl. I would maybe even take a picture of the style you want to purchase and send it with your ARC application and platt to Kuester.

Here is a copy of the ARC application you need: Harpers Mill ARC Applicaiton.

Also CALL (888) 721-7877 Before you do the installation have them come out and mark the wires in your yard, I do not believe there is a charge and it is the law, in our backyards there are many wires that feed our house and our neighbors house, from phone lines, cable TV lines, electrical lines and gas lines, all in our backyards, some only 4 inches deep.

South Carolina Call Before You Dig!

Hope that all helps.

HOA Annual Meeting Tonight!

So tonight is our annual meeting, homeowners will not be voting on any issues, proxy votes were for them to make quorum only. Homeowners will be expected to sit and listen and not to participate as it should be.

1) Lets see what Board of Directors are present as a reminder here is a list of the current Board.

Here is the main issue that is important for us the homeowners, Mercedes no longer exists but they still somehow control our HOA, not us the homeowners, why you may ask?

The family who owned Mercedes Homes wants to sell the unfinished lots to a new builder, if they can sell the lots WITH CONTROL OF THE HOA, they can ask a higher price. A new builder can than come in and change the governing documents, raise our rates and use the HOA for their gain as Mercedes did and Kuester continues to do.

So how does Kuester use the HOA for their gain? Here are some examples:

1) They keep 50% of all late fees collected

2) They charge new homeowners "Account Setup Fees" in the amount of $325.00 which is very high compared to other HOA's, and they keep 100% of this!

3) We pay them monthly management fees, also in the budget you will see money for office supplies and other misc fees, 100% of which go to Kuester, as the HOA itself does not have an office.

4) When we had an insurance claim for the hail damage last year, Kuester hired themselves as the project manager, paying themselves $40,000 of OUR money to themselves.

They continue to hire contractors they have relationships with and not by the lowest bidder or who is best for the neighborhood, an employee of Kuester actually tried to get her relatives business to do the gutter clean out, luckily the sub-contractor saw through that and insisted on hiring their own crew and not using the family members crew, but make no mistake this type of thing goes on all the time.

If you are at the meeting you should ask questions like:

1) Why do we have Board of Directors who no longer live here and no longer participate actively in the HOA?

2) Why is Mercedes Homes still in control of the HOA and not the homeowners?

3) Why are "non-members" which means non-homeowners are members of the board when the governing documents specifically require board members be members!

Understand neighborhood issues like the dues we pay, budget, and garbage collection will never be fully addressed or CHANGED until the HOA is transitioned from the control of the declarent (Mercedes Homes) to the homeowners. They have control and they are going to run things the way they want until they no longer have control so the single most important fact is why, when Mercedes Homes was dissolved did a transition to the homeowners did not occur. Make no mistake about it, it is illegal and they know it, they are taking advantage because homeowners are not informed, which is why this blog was created so you could be informed and voice those concerns to them at the meeting.

If we want lower HOA fees, a more responsive Board of Directors that we 100% choose than change has to happen, and we are going to have to fight for that, they do not want to give up control, because they are profiting from us.

We recommend you review the governing documents and budget, so you can be informed at tonights meeting!

Here are the current governing documents.

Here is the budget information.

As many homeownrs as possible should show up, there is strength in numbers, we have to let them know we understand what they are up to, and were not going to take it anymore, we want change, we want real change, and we want it NOW!

Kuester and HOA Settle Suit with Homeowner

As we reported here a homeowner had sued both Kuester Management Group and the Harpers Mill Townhome Owners Association over late fees, word has come in today, Kuester settled with the homeowner so the case is now closed.

Harpers Mill Budget 2012 and 2013

Ok we are posting below both the 2012 and 2013 Budget so you can easily compare both:

Harpers Mill Townhome Owners Association 2013 Budget PDF Format.

Harpers Mill Townhome Owners Association 2012 Budget PDF Format.

Click on comments below to discuss or ask questions about the budget!

Ineligible Board of Director! - "The Proof"

We originally reported here  that Board Member Julia Colleen Jones was not a Homeowner here in Harpers Mill and as such should be removed form the board and replaced with an open and fair election at our next annual meeting on December 4th, 2012.

Later a Homeowner called Kuester Management Group and inquired as to the status of Julia Jones, as we reported here, she was told by Kuester that Board of Directors were not required to be Homeowners, they did not dispute the fact that she is not a Homeowner,

WE NOW KNOW KUESTER IS WRONG:

As stated in the Harpers Mill Townhome Owners Association ByLaws Article IV Section 3:

""QUALIFICATIONS:   Directors shall be members of the association.""

To be a member you MUST be a Homeowner, our ByLaws are very clear and concise on this point. As Julia Colleen Jones is NOT a Homeowner she is also NOT a "Member" of the association, and therefore ineligible to hold a position of any kind on the Board of Directors.

The question now is will Kuester Management Group and the current Board of Directors step up and correct their mistake, by doing the right thing, or will they continue to do business as usual?

Governing Documents

Use the links below to download in PDF format the governing documents of our HOA:

Click here to download the current Harpers Mill Townhome Owners Association Bylaws

Click here to download the current Harpers Mill Townhome Owners Association CCR's

Blog Update!

We know from the stats we have many readers and followers, and thank you for that, this blog was built with the intention of keeping all homeowners informed of the current status of our HOA, and to not cause division withn the neighborhood, although some issues will cause some division, we are asking all homeowners to come together, to actively participate in the blog and the HOA as a whole to make it better for all of us.

We are open to any and all contributions, suggestions, news tips, critiques, and volunteers that want to make contributions on the blog.  You can email us at: Harpers Mill Blog eMail Address. We are not affiliated with Kuester Management Group, we are homeowners like you, your identity will be kept confidential.

We ask that all homeowners who read our blog give this address to your neighbors and get the word out, we need support for the up coming annual meeting. We need Homeowners to be fully informed before going to the meeting.

We do have some goals our goals are as follows:

1) Keep all Homeowners FULLY informed and educated about our neighborhood, and any related HOA activity.

2) To get Mercedes Homes removed from the board and the HOA turned over to the control of the Homeowners!

3) If we can accomplish Goal # 2 than we will ask for a special meeting to be called and open and fair elections held so all Homeowners can elect a new board made up of 100% Homeowners.

4) After accomplishing number 3 we will hope the new board will be bale to look into hiring a new management company, lowering our monthly HOA dues, and work on other HOA issues that you may need to be addressed.

We also believe that once we have full control, we would have a good lawsuit against the developer, who is owned by the Buescher family the same family that owned Mercedes Homes if they do not, come and finish paving the roads and making all repairs as required by law when the HOA is handed over to us the Homeowners. Understand with the current Board and Kuester at the helm this will never happen, considering it was Mercedes Homes that hired Kuester, and the Buescher Family of Melbourne Florida that are still hanging on to their Board spot even though they dissolved the corporation. The reality is Kuester Management Group and Mercedes Homes are the ones making decisions and running our current board.

Now you may ask, if they are out of business why are they hanging on to their Board position?

We believe they are doing this in an attempt to turn the HOA over to the new builder that they are in negations with to sell the remaining lots too. We are committed to not allowing this to happen, even if it comes to filling a lawsuit against the parties involved.

Let us be clear we are for a new builder to come in and finish building out the empty lots, but we are not interested in turning the HOA over to this new company so they can change the Covenants and By-Laws once again  to suit their needs and to raise our fees or create a special assessment to cover their Development costs that they would have to do, since Mercedes Homes and their development company did not finish.

In closing we are asking all homeowners to come together and to be fully informed about our HOA and their plans before the December 4th HOA meeting. Please tell your neighbors about this blog, email us any tips, news, reviews, or issues you would like to discuss your information will be kept confidential.

Than you,

Your Harpers Mill Blog Team!

Kuester Responds!

A homeowner called Kuester yesterday and asked who was Julia Jones, and how can she be on the board if she is not a homeowner here, their response was to say the By-Laws allow a non homeowner to serve on the board, the homeowner was not given any other information about her.

So we are currently undertaking a full legal review of both the Covenants and the By-Laws we will post what we find shortly, about this issue.

Kuester all responded to a Homeowner about whether or not they have anyone on the board: "No  Kuester nor any of it's affiliates sit on the Harpers Mill board." So that is good news.

FYI:

The Harpers Mill Townhome Owners Association is a non-ptofit Corporation in the State of South Carolina as such they are bound by Title 33 Chapter 31 of the South Carolina Code of Laws Here is a link for you: SC Code of Laws Title 33 Chapter 31.

Part of the above law requires that a member (ie: homeowner) be given the full name and address of any Board Member upon request. A "member" has requested this information for all current board members the HOA has 5 days to respond, the homeowner discussed this with both the SC Department of State and the SC Attorneys General's Office, both of which are responsible for enforcing this section before making their request.

So Who Are Our Board of Directors!

As per the Governing Documents of the Harpers Mill Townhome Owners Association, we are told hold elections every two years to elect a new Board of Directors. Homeowners are supposed to vote in fellow homeowners that they want to represent them, we all should know who our board is and hw to contact them, since that has not been the case we are going to help you out and publish who they are, we believe there are several who should not be on the board and that those who should not be, be removed and that Kuester Real Estate Management, and the current valid Board Members hold open and fair elections to fill the vacancies at our annual meeting this December 4th.

President: Sandra Brink 1522 Harpers Inlet Dr             s1sbrink@comporium.net

Vice President: Mercedes Homes - See Disturbing Fact #1 - Corporation Disolved, no longe rin existence

Treasurer: Dennis Kiplinger - See Disturbing Fact #4 - Lives in Alabama, house is for sale

Secretary: Dennis Kiplinger - See Disturbing Fact #4 - Lives in Alabama, house is for sale

Member At Large: Milton Becker - 1474 Harpers Inlet Dr

Member At Large: Julia Colleen Jones - See Disturbing Fact #3 - Not a homeowner

From what we can tell the only legal and proper current Board Members are Sandra Brink, Milton Becker and, Dennis Kiplinger. We believe all others should be removed and open and fair elections to replace them from the current homeowners should take place December 4th, 2012 at our next annual meeting.

Homeowner Files Lawsuit Against HOA + Kuester

This morning a lawsuit seeking $195.00 was filed against the HOA, and Kuester Real Estate in York County Magistrate Court.

The homeowner, sent a payment for HOA fees about 6 months ago the payment was sent and received by Kuester on time, however Kuester changed the homeowners account number and sent the payment back, when the homeowner asked when did you change my account number, he was told 2 years ago, yet they accepted his payment every month for 2 years with the old account number without ever notifying him of the change. The homeowner resent the payment they sent back, but now it was a few days past the 15th so they charged him a $15.00 late fee.

The homeowner asked why did you charge me a late fee, and their answer was we never received your payment, when in fact they received it and than sent it back, he was than told because he had not had any other late fees in over a year, that this fee would be waived as a one time courtesy. The Homeowner was upset about it being a one time courtesy because he felt it was their fault not his they had the payment before the 15th, and they choose to send it back, and still never contacted him, but they were going to credit it back so no big deal.

Two months later he still saw the late fee on his account and called and again was told as a courtesy it would be credited back, and again two months later it was not, he called again and was told again the same thing it would be credited back as a courtesy. Eventually he emailed them and than was told it would not be credited back, unless he could prove his claim, the problem with that was he gave them all the bank information including payment confirmation numbers and everything showing the payment was sent on time, received by them and than sent back to him, because of the account number on his first phone call to them about the problem.

At this point the homeowner decided to file the civil suit, under South Carolina law if he prevails he is entitled to the original amount in question $15.00 which he did pay to the HOA, and legal fees, making the new amount of $195.00. We will update you as soon as we get any updates on the case.

Property complexes step into DNA testing of dog poop

Interesting article in today's USA TODAY:

USA Today: Property Complexes Step Into DNA Testing of Dog Poop

This is very interesting and is a new trend sweeping the country, being used by homeowners associations and apartment complex managers, maybe this could help solve our problems with people not picking up their dog poop.

The Dumpster Yet Again

1) The walk through gate has been broken and cannot close this has been this way for 2 weeks now and no one has come to fix it.

2) for the second week in a row, either Metrolina Maintenance Group has come out and charged us for clearing the dumpster area, or they just haven't shown up at all because the same garbage is still on the ground since last week.

3) Waste Management of Gastonia came this morning to empty the dumpsters but one is still half full, so they are not doing what they are paid for, we have noticed the last few weeks, that after Waste Management comes, they are not completely emptying the dumpsters, and this is becoming a regular problem.

Sow how long before our Board of Directors and Kuester Management Take care of theses issues? When we figure out how to make a poll we will put one up for all you homeowners to vote on!!!!