As published in The View, February 2022:
President
SCSHCA Potpourri (A Mixture of Things)
As you may know, the President’s Report must be prepared almost a month in advance to be published in each month’s View magazine. As a result, some things I write about are predictable; but others are a best guess, as more and more it seems that life is unpredictable. And that is truly the case with the COVID-19 pandemic.
At the end of last year, it looked like the mask mandate for inside activities would run through January 15, but at the time I write this, it has now been extended to February 15. The one thing all our residents can be certain of is that your Board of Directors is monitoring the situation closely; we will continue to act promptly to comply with all requirements while at the same time do our best to keep our facilities and amenities as open as possible. The Board asks for your continued support, understanding, and cooperation as we all attempt to navigate through uncertain and difficult waters.
I have read that the derivation of the name “February” comes from the Roman word “februum,” which means cleansing and purification, part of ancient preparations for the coming of spring. Hopefully we will all experience a cleansing and purification from the menace of COVID-19 as we progress through this year.
By now you probably know that our Annual Meeting will take place on April 5, 2022. At that meeting, three homeowners will be elected as members of the Board of Directors for two-year terms. This year we are fortunate to have six homeowners who have stepped forward and announced their desire to serve. By the time you read this, the campaign will have officially begun on January 24.
The first Candidate Forum was held on January 27, 2022. If you were not able to watch it broadcast live, I encourage you to view the video posted on our official website to get to know all of the candidates. In alphabetical order, they are: Mr. Jerry Conrad, Mr. Terry Coon, Mr. Johnny Goodrum, Ms. Kathy Lindstrom, Mr. Scott Pessin, and Mr. Reginald Powell. It is very important to the HOA that you take the time and make the effort to meet, hear, and evaluate each candidate as the campaign progresses.
As current President, neither I nor our HOA can or will tell you who to vote for. But I will stress that it is of utmost importance that you exercise your right to vote for the candidates you favor. Although only three candidates with the most votes will win Board positions, all the candidates deserve your consideration and appreciation for their willingness to serve. The fact that we have so many stepping forward is a sign of a vibrant and healthy community.
Under our Governing Documents, when three or more positions on the Board are up for election, cumulative voting is in effect. Each household/ownership interest has three votes it can cast. You can give all three votes to one candidate; two votes to one candidate and one to another; or one vote to each of three candidates.
Also, this year the Board has included on the ballot an important proposed change to our Governing Documents which would allow a future Board, where a majority deems it advantageous and appropriate, to enter into contracts for up to five years for the operation of our food services, including Shadows. In most cases, now, the Board is limited to one-year contracts (see Bylaws Section 9.2.2).
In practicality, a one-year contract makes it unlikely that a restaurant operator would have any interest in running our facilities. This is why, since the beginning of our HOA, Shadows and other food services have either been operated and subsidized by the HOA or under annual management contracts with operational subsidies paid by the ownership through monthly assessments.
In order to make any change to our Governing Documents, a vote of the ownership is required. Elections are costly events; they require $25,000 to $30,000 to print, mail, tabulate, and conduct. So it is advantageous and economical to include the proposed change to the Governing Documents on the upcoming ballot so we incur only minimal additional printing costs.
Amending the Bylaws requires the approval of 51% of the ownership interest (see Bylaws Section 14.4.1). Each ownership interest may cast one vote on this proposal. To pass, this requires a “Yes” vote of 1,760 owners. (51% of 3,450 = 1,759.5. Because we have no half ownership interests, 1,760 favorable votes are needed.)
If there are not 1,760 “Yes” votes, the Bylaws provision will remain the same. So it is important for all owners to vote on this proposal. Getting enough owners to participate has proven difficult in the past. But this is your community, and it is important for you to express your views. This will help guide your future Board members in the direction you would like them to go.
A ballot for the director positions and the proposed amendment will be mailed out to your address of record with the HOA on February 12, and you should receive it shortly thereafter. If you do not get your ballot, or if you need a replacement, contact the HOA office as soon as possible.
Please vote and tell your fellow owners to do so as well. If you are unsure or unable to vote for any reason, please consider giving your proxy to another owner.
Contact the author at john.macdonnell@scshca.com.