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.

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.