We Need YOUR help NOW – A request for your contribution!

AFTER 42 YEARS, IT’S TIME TO END COASTLAND’S CONTROL OF OUR POA!
We need your help to pay for legal assistance!

 

When Coastland formed OSPOA in 1974, it stated its intention to maintain control until the property was fully developed. Who would have thought then that it would manipulate archaic and draconian By-Laws to maintain this control for 42 years by holding 1 or 2 lots in each section of the development? The only logical reason for its doing so is because it has been Coastland’s benefit, not the homeowners.Coastland’s POA management has been poor. There is a real lack of management process and business acumen. The condition of the community and property and rental values are suffering accordingly. Many have mentioned to us that we should get a lawyer and do something about it.

Now we need your help!
This is to request your contribution of $200 to a legal expense fund.

These funds will enable us, as a community, to take action to achieve self-rule. Under homeowner management (i.e., a POA Board of homeowners supervising a professional management company), our community will apply best practices and processes to operate efficiently, while being more responsive to homeowners.

Despite Coastland’s promises at the recent Annual Meeting to be more transparent and to start transferring more of the governance of Ocean Sands, it is apparent that nothing is changing.

  • Coastland threatens lawsuit over Stormwater District. Despite stating a commitment to solving the flooding problem, Coastland has recently threatened a lawsuit if its undeveloped sections are not removed from the stormwater district. Even though it was given a seat on the
    stormwater advisory board, Coastland is doing everything it can to stymie progress on solving the flooding problem.
  • Coastland Has Yet to Call an Executive Board Meeting. Coastland said that it was going to iimmediately call an executive board meeting to discuss the 2016 budget, security patrol and trash rollback service, etc. Almost three (3) months have passed and there is radio silence.
  • Still Waiting on Annual Meeting Minutes. Coastland said that it would get Annual Meeting minutes out promptly. We did get a draft of minutes, spun to put Coastland in the most favorable light possible but not accurately reflecting the critical issues discussed. A revision of the draft was submitted by an Owner Board Members 2 months ago, but this appears to have disappeared into a black hole. A standard Coastland tactic is to just ignore us.
  • Coastland Stonewalling Owner Information Requests. Coastland continues to stonewall the information requests for information to which board members are statutorily entitled. Even Coastland’s outside attorney can’t believe they won’t comply. As such, Owner Members of the Board in both Ocean Sands and Crown Point have recently sued Coastland to compel production of these documents.
  • Security Rollback . Security and trash rollback were better for a few weeks, but are now falling back to the same ol’ mediocre service levels. (Separately, please note, we’ve received legal advice that the Declarations do not mandate Security Services).
  • Coastland Attacks County over Bike Path/Greenway. Employing a series of half-truths and omissions, Coastland trashed the County in a letter to the Daily Advance, complaining that no safety study was done and that the bike path should have been on the west side of Route 12. NCDOT and others concluded that a west-side path would have led to mayhem; the east side also allowed for a wider path. Note that Coastland also rejected requests for various easements that would have improved the path. The bottom line is that the community and tourists alike are ecstatic over the bike path and yet Coastland feels the need to spew venom because it did not get its way. (Corolla Civic Association wrote a rebuttal letter also published in the Daily Advance. These opinion pieces can be found on the OSHOA.org website.)
  • Misapplication of Funds? We continue to suspect that Coastland has misapplied POA funds for years, using our money for the benefit of Coastland. At the last Annual Meeting, the Governance Committee distributed a partial list of what we believe are breaches of fiduciary
    duty by the Coastland-designated – and completely controlled – Board members.
Things aren’t going to change until we make them change
All of us need to step up and do our part so that, working together, we can get rid of Coastland and take control of our POA.

Luckily, the North Carolina Planned Community Act was recently amended in a manner that gives us a way out from under Coastland control by obtaining two-thirds approval to amend the Declarations of Restrictive Covenants to provide for a POA board made up exclusively of homeowners. But, the specialized legal assistance that’s needed to support this endeavor is not free or cheap.We have set up a North Carolina Non-Profit Corporation, OSCP Owners Fund, Inc., to collect contributions for legal assistance in our effort. The directors of this company are your owner representatives on the Board, Al Marzetti and Rick Kinner, and Crown Point board member Gerri Adams.

We believe that an investment of $200 per property would yield substantial dividends in the way of both increased property value, rental rates and, over time, lower assessments. There is also the possibility of recovery of funds from Coastland should we pursue a suit for breach of fiduciary duty. However, we would welcome whatever you can afford… and clearly would welcome larger contributions. Thus far, we have only solicited by word of mouth and approximately 50 owners in Ocean Sands and Crown Point have contributed an average of $275 each. Any funds not used for attorneys’ fees would be refunded on a pro-rata basis.

We need each of you to contribute if we are to be successful! Please make sure to pass this along to your friends and neighbors and ask them to help!

Please mail your contribution to:
OSCP Owners Fund, Inc.
PO Box 56
Corolla, North Carolina, NC 27927
Or, click here to contribute via PayPal from our website:
http://www.oshoa.org
where a PayPal button appears at the bottom of every page

 

Note that PayPal charges a 2% fee, so our preference would be for you to mail a check. However, if you like the convenience of PayPal, please consider increasing your contribution by 2% to cover the fee.
If you have any questions, please e-mail them to admin@oshoa.org and we will get back to you as soon as possible.

Thanks for your help!

 

3 thoughts on “We Need YOUR help NOW – A request for your contribution!”

  1. Hello,

    We are very excited to hear about the possibility of removing Coastland from POA control. Could we ask that you post some more details about the legal effort that is being planned, if possible? Things like expected timeline of action/resolution anticipated, fundraising goal & timeline, and a feel for the likelihood of success. Some more information on details like this would go a long way toward the success of the fundraising effort. Maybe even frequent updates on the homepage of the fundraising goal & progress against the goal.

    Many thanks again for all your efforts on behalf of Ocean Sands home owners.

    1. Thank you very much for your comments and words of support. If you have not been getting frequent updates about the progress toward owner-control of Ocean Sands, it is because we do not have your email. Please send your names, address in Ocean Sands, and preferred email address to us at admin@oshoa.org.
      Thanks!

  2. I also whole heartedly applaud your efforts.

    One thought from a non-lawyer – the current by-laws require a quorum of 4 for a Board of Directors meeting. Can Coastland be enjoined from taking any action not approved by the Board. It won’t stop Coastland from outvoting home members representatives but if owner members aren’t included or getting information a boycott of any Board meeting would at least hinder Coastland in unilaterally acting without home members knowledge until bylaws could be altered.

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