By now you are aware of the unusual weather event we have confronted here in Corolla. We experienced significant flooding throughout the Ocean Sands community. It was caused by 14 inches of rain from late Saturday, July 21 to Wednesday, August 1. Yes, 11 days of rain, which inundated the community, saturated the sand, overflowed the lake, and overwhelmed the Waste Treatment Plant.
We can’t and won’t blame Coastland Corporation for the rain. However, Coastland is directly responsible for continuing to block progress on a permanent flood mitigation system for the whole community after ignoring this serious issue for 40 years. Here are some examples of Coastland’s failures contributing to our on-going flooding problems:
FAILED TO MAINTAIN DITCHES, SWALES AND CULVERTS: It is Coastland’s responsibility, being in control of the Ocean Sands Property Owners Association (OSPOA), to determine what maintenance work is to be done and when. Coastland chose not to maintain the drainage ditches, swales, and culverts in Ocean Sands.
- Coastland appears not to have complied with the requirements of the state-issued stormwater permit for Section O, Ocean Lakes. This may have contributed to the inundation of the sewer plant with floodwater that resulted in raw sewage backing up into several homes in Sections K & P, as well as sewage coming out of the manhole covers in multiple areas.
- It took county contractors two hours to clear the culvert under Ocean Lake Trail (near Pampas Court) in order to run hoses to the ocean. That effort delayed pumping from the HIJO Lake by several hours.
- Coastland did not maintain the culverts under Driftwood, Mariner and Sea Mist in the northern section of Ocean Sands. This contributes to the standing water still on the streets and the swales not flowing.
- Coastland nixed a plan developed by Coastal Engineering a number of years ago to relieve flooding on Sea Oats Court and under the multifamily units in Section F because it did not want to allow discharge in the open space.
- The lack of maintenance of the swales, ditches and culverts have resulted in damage to our roads. Stormwater sitting on the roads has caused an increase in potholes and sinkholes. Many road intersections are crumbling due to flood waters eroding the sand and gravel supporting them. Stormwater also seeps into the many cracks in the roads.
- The major flooding events over the last several years have advanced the “day of reckoning” for road replacement. The OSPOA currently has minimal dollars in the Capital Replacement Fund to pay for this project.
FAULTY COMMUNICATIONS: Coastland had Signature Touch send several update emails that made it appear Coastland saved the day by pumping. In fact, neither Coastland nor Signature Touch had anything to do with it. Emergency Pumping to the ocean is solely the responsibility of the “Stormwater” Service District Advisory Board working with Currituck County. The only thing Coastland did was sign an agreement allowing access for emergency pumping across the open space this one time. Coastland rejected the “hold harmless agreement” presented by the County (drafted by a leading local business law firm), and instead, sent back an agreement it signed, in which it inserted onerous additional requirements. We are at a loss to know how there could be a material loss to Coastland from running hose down streets and over open space.
FAILED TO TRANSFER OPEN SPACES TO OSPOA: Coastland deeded the open space in Crown Point to the Crown Point POA years ago. This has not been done for Ocean Sands! It is unheard of anywhere in the country for a HOA or POA to not have control over its own open space and private roads. There is no valid benefit to Coastland other than being able to exert leverage on other community or county initiatives. OSPOA, with your dues money, pays for the maintenance of open space and roads even though Coastland continues to own them.
FAILURE TO ADVANCE A PERMANENT SOLUTION FOR FLOODING PROBLEMS: You may recall how, last year, Coastland refused to allow access to open space to place test wells and piezometers on the open space and undeveloped areas that were needed to get the hydrology data crucial to the design of a system. The Advisory Board worked around this by finding owner volunteers who allowed placement in their yards. Coastland has sued the County over formation of the Stormwater Service District and has kept the suit pending even though a court has already ruled against Coastland on the key issue – finding that formation of the service district was valid. Conceptual design of a permanent solution, involving wells, pump stations and piping throughout the community with an outlet to the Sound, has been completed. Further progress is blocked until Coastland drops its specious lawsuit and allows access to open space, rights-of-way and under roads. This solution is beneficial to Coastland’s undeveloped properties, so it is hoped that they will get on board soon. Emergency Pumping is not the long term solution for these intense rain events.
Not only is there the property damage to homes, and the economic losses associated with refunded and cancelled vacation renters, but standing water is full of nasty bacteria and causes the mosquito population to soar. It breaks our hearts to watch people march their young kids through a foot of polluted water on their way to the beach.
You may research and learn all the details of flooding in the Short History of Stormwater email recently sent out by the Stormwater Advisory Board. It also is posted on our owner website here: A Short History of Flooding In Ocean Sands and Crown Point
It’s high time that Coastland’s control of OSPOA ends. Continued Coastland control will only bring more negative consequences to owners, as it has for the last 40+ years.
The Governance Committee
Rick, Al, Dennis, Jeanne, Greg, Chris, Jim, Robert
IF YOU HAVE SENT IN YOUR WRITTEN CONSENT FORM TO AMEND THE DECLARATION – THANK YOU! IF NOT, PLEASE DO SO NOW. CLICK IN THE YELLOW FIELD BELOW FOR THE REQUIRED FORM AND BACKGROUND INFORMATION:
AND CHECK WITH YOUR NEIGHBORS TO BE SURE THEY HAVE SENT IN THEIR FORM
Home Owners Of Ocean Sands Governance Committee
All rights reserved
Visit our website: http://www.oshoa.org
Send us an email: firstname.lastname@example.org
P.O. Box 56, Corolla, NC 27927
This email is to all Ocean Sands North owners who have not yet signed the Written Consent to Amend the Declarations. The Meet and Greet weekends have been so successful that we want to offer one last opportunity this year for owners to ask questions of the Governance Committee in person.
This written consent is a legal method under the NC Planned Community Act of 1999 to wrest control of any POA from the Developer. In our case, this process will remove Coastland’s authority to appoint three of the five OSPOA board seats. All Board members will be owner elected. As it stands, because of the Declaration, the developer, Coastland Corporation, has complete decision making over every aspect of our Ocean Sands community.
For the last three years, we have sent numerous emails and letters explaining why the owners should be in control of their own community. Control means having your vote count when deciding significant issues in Ocean Sands. Control means having a say in how your dues money is spent. Control means deciding the priority of the many necessary tasks that could and should improve Ocean Sands.
If you would like to chat one on one with a member of the Governance Committee, we will be available on Saturday, November 24 at the COROLLA PUBLIC LIBRARY from 2:00 pm to 4:00 pm. The Library is the white building on the right on Rt. 12 just north of the lighthouse, 1123 Ocean Trail. We are providing a free notary. There will be light snacks and refreshments.
Please reply to this email if you can drop by. No formal presentation, just owners talking to owners. If your schedule suddenly changes, come on by anyway. If you would like to speak to a Governance Committee member separately, please reply to this email.
The Governance Committee
Al, Rick, Jeanne, Greg, Robert, Chris, Jim, and Dennis
Our mailing address is:
P.O. Box 56, Corolla, NC 27927
All property owners understand the value of “curb appeal”. For a long period of time that feature has been lacking in Ocean Sands North. Coastland Corp. has relied on the beautiful weather and fabulous ocean as the attraction because it was cost and effort free.
Well no more! Now with cooperation between Signature Touch and your owner representatives on the board, we are making substantial strides with improving our ocean community’s appearance. The photos above are just two examples.
It is good to hear Marty and Kathy Regan of Signature Touch speak about their concern over the appearance and condition of the community. With six other rental communities under their management they know how important that first look is for guests. We have jointly agreed upon a plan: what needs to be done, in what order, over what time period, and the difference between on-going maintenance and landscaping improvement.
MNA Services is a local (owners live in Ocean Sands) landscaping service that has performed limited trimming and mowing under the direction of Bob DeFazio. They have expanded their staff and enthusiastically embraced the plan to improve the appearance of Ocean Sands North. Your owner representatives worked closely with Signature Touch to develop a new contract with MNA Services that finally provides the expectations, specifications and direction that was needed to provide MNA with the necessary guidance to improve community landscaping.
To date the following has already been accomplished:
The 3 feet on either side of the five entryway roads has been mowed and trimmed from Route 12 down to the first intersection. Various owners readily gave their permission. This will be maintained biweekly.
Along the entryway roads heavy vegetation; trees and bushes that have grown up impeding both driver visibility and walkers have been removed by MNA. Volunteers from Master Gardeners, including some who are from Ocean Sands, worked with Rick Kinner to design landscaping for all five entry ways into Ocean Sands. This included plants selection and placement as well as improving visibility. Both Sandfiddler Trail and Driftwood Way (Sections F and KLMNPQ) entryways had hills reduced and removed for improved visibility.
We purchased only plants that are indigenous to the Atlantic seaboard, are drought tolerant and perennial. MNA Services was able to get all the work done and plants in the ground prior to the annual meeting.
Hope everyone is having a wonderful and safe summer.
The Governance Committee
Al, Rick, Jeanne, Greg, Chris, Jim, Robert and Dennis
Many of you received a letter from Coastland Corp dated November 22, and full of misinformation and inaccuracies. One owner, shared his response to Coastland on our Home Owners of Ocean Sands Facebook Group. With his permission, we share it with you here.
Thanks to Andy and to all of you who have shown your support and sent in your written consent forms to amend the declaration,
The Home Owners of Ocean Sands Governance Committee
“To Jeanne Marcinko and the Coastland Corporation – (and Home Owners of Ocean Sands)
Your recent communications to the Homeowners of Ocean Sands are deceptive and far off the mark. I am not sure if you are just naive, doing the bidding of your owners, or too recent an employee to know. I would have though 10 years would have educated you.
My wife and I have been “non-resident” owners for over 25 years and fully endorse the efforts of the Governance Committee. There are more non-resident “Dissident Owners” than residents. Up until about 10 years ago we rented during the summer rental season, but then stopped when the headaches became too great. We now get to our house as frequently as we can and will spend more time there after retirement.
Over those 25 years we have never seen evidence that Coastland had any serious interest in the owners, it has always been about what’s best for Coastland. This goes back to the original association by-laws which give Coastland the majority of the Board members until EVERY lot is sold. This is the most restrictive and controlling provision I have ever encountered (and I have served on two other home owner’s boards). The 3 controlling Coastland Board members have continually denied the 2 home owner Board members access to financial information, to the extent the current home owner members have had to go to Court to try to obtain the information necessary to perform their fiduciary responsibilities to the home owners. Contracts are signed with outside management companies, security firms, and others without home owner input. It not clear there is any open solicitation of bids for work to be done or evaluation of proposed contracts as Coastland does not share that information with owners.
As an example, the current Coastland Vice President and local representative’s son holds both the contract for security services ($61,550) as well as the contract for Trash Can Roll back ($24,840). Is this a bit of nepotism or were these contracts put out for bid and fairly competed? We don’t know because Coastland has not shared the information with our Board representatives. I could go on with other examples from over the years. Rick and Al our Board members and the Governance Committee have shared many other examples and reasons why Coastland has clearly demonstrated a disdain for the home owners and treated us as indentured servants.
Coastland tries to make an argument that they have saved us money and it will cost more going forward without them in control. First, I am not convinced that’s true as they have not been open with their books, secondly I am tired of being treated as a child where Coastland knows better, and finally, even if there is some added expense WE the OWNERS will be in control of our Community!
I encourage all owners to return their signed and notarized ballots to enable we the owners to take control of our association and end the patronization of Coastland.
If you are a homeowner in Ocean Sands North and have not joined our closed, owner-only Facebook Group, search for "Home Owners of Ocean Sands" on Facebook, and ask to join. If we have your contact information, we will approve you as a member of the group. If we do NOT have your contact information, please send it to us at email@example.com
The time has finally come. Attached is the Written Consent Amendment necessary to change the Declarations of Restrictive Covenants to eliminate Coastland’s control of Ocean Sands Property Owners Association (OSPOA).
For the last two years we have been sending emails to as many owners as possible explaining why the owners should control OSPOA, not Coastland Corp. In short, the reasons are Coastland has an inherent conflict of interest being both the Developer and running OSPOA, and Coastland is not very good at running OSPOA.
We apologize for the delay in getting this to you, but Coastland filed new Declarations for each Section instead of modifying the existing Declaration. It took an inordinate amount of time and special effort to determine the correct way to write this Amendment.
To successfully wrest control from Coastland, we need two-thirds (2/3rds) of the homeowners to sign and notarize the Written Consent, and return it to the law firm representing us.
There are three forms attached, the only difference being in the Notarial Seal area. These forms are safely hosted on a private server and are no larger than 167 kb in size.
You only need to complete one form, but it must to be the right one based on how title to your Ocean Sands property is held. In short, signatures should follow the deed to the property. To make it easier, see below:
If husband and wife own the lot and are on the deed, both need to sign and date in the presence of a notary. If multiple individuals own the lot and are on the deed, all need to sign, including any partnership. If it is a hardship for all individuals to be present, individual signed, dated and notarized pages are permitted. Click the link below to retrieve the form for Individuals:
2019 Written Consent Form.Individual
If the property is held by a Corporation (either an LLC or an Inc.), use the form for Corporations and have it signed by the Managing Member or President of the company. Click the link below to retrieve the form for Corporation or LLC
2019 Written Consent Form.Corporate.LLC
If the property is held in a Trust, use the form for Trusts and have it signed by all Trustees. Click the link below to retrieve the form for a Trust:
2019 Written Consent Form.Trust
Again, if it is inconvenient for all owners to sign one piece of paper (perhaps due to distance between owners), you may submit multiple copies as long as, in total, all required signatures are present. Please indicate that there will be multiple forms submitted to the law firm, so the firm does not contact you for missing signatures. If, in the case of multiple owners, all signatures do not fit on one form, you also may use an additional signature page.
Notaries may be found at your bank, most libraries, legal or realty offices, and most UPS Stores (fee). In order to preserve the “chain of custody” please mail the completed form back to:
James H. Slaughter
Black, Slaughter & Black, P.A.
P.O. Box 41027
Greensboro, NC 27404
-PLEASE DO NOT mail it to the Governance Committee PO Box-
We thank you for your cooperation in completing and returning this form to our attorney. While Coastland has recently taken a couple of small steps in the right direction, it is too little too late and does not solve the Coastland’s unavoidable conflict of interest between Developer and community interests. We will not be able to optimize the management and maintenance of our development until we take control of the POA like Crown Point recently did.
Rick, Al, Dennis, Jeanne, Robert, Chris, Greg and Jim
PS: If you have any questions, either reply to this email or you may call one of the volunteers on the Governance Committee listed below:
Dennis Heffernan 919 518-7482
Rick Kinner 252-453-6059
Jeanne Fitzpatrick 202-256-2823
Al Marzetti – 919-475-4064
Greg Walkup – 757-465-0386
JOIN US TODAY ON FACEBOOK: Home Owners of Ocean Sands
The Planned Community Act Explained
The PCA Explained
Dear Fellow Owners:
We will be responding to the Coastland “Open Letter” dated October, 21 and sent to all owners, in due course. The following message was planned for this week, as it is important that you understand the components of our strategy to achieve self-governance, regardless of the Coastland mailing.
When we speak with our fellow owners, it is very clear that they, too, want to remove Coastland Corp’s absolute control over Ocean Sands Property Owners Association (OSPOA), and allow owners to manage our own community.
Coastland wrote the OSPOA ByLaws more than 40 years ago to give themselves absolute control until every last lot has been sold. This provision cannot be amended by the owners, only by Coastland itself. Our attorney tells us this is the most one-sided set of ByLaws he has ever seen, and they would not be legal if written today.
We have found a way to fix this problem! We know it works, because Crown Point implemented the strategy in the third quarter of this year. As shared earlier this week, Crown Point was able to remove Coastland as the management entity on 10/22/16. Regardless of Coastland’s contention, their removal was against their will, utilizing available legislation.
The 1999 North Carolina Planned Community Act (PCA) defines how POAs are to be governed. But it doesn’t automatically apply to OSPOA because we were founded in 1974. The PCA does provide a way for us to change the ByLaws that Coastland wrote to maintain their domination. To accomplish this change requires the approval of at least 67% of property owners, either in person at a meeting (unlikely) or by written, notarized, consent.
The Governance Committee will eventually be asking you to approve this change by providing the required signed document. The document will stipulate that this is your wish (vote) and will contain just three provisions:
- The OSPOA Board will be owners only.
- The new Board will be able to amend any section of the ByLaws.
- The Declarations may only be amended after that by a 67% vote (so that Coastland cannot change them back to the old style).
We may also ask that you adopt all provisions of the PCA to apply to OSPOA, but will leave that discussion to a future email.
Crown Point has elected a new board and is currently in the process of early housekeeping matters such as opening a new POA bank account and transitioning service providers. They are excited to be able to run their organization in a manner that will enhance the livability and value of their development.
The Governance Committee is taking steps to increase our communication reach to virtually all Ocean Sands North homeowners (currently, we have e-mail addresses representing approximately 80% of the properties in the POA). We are hoping that, when the time comes, all owners will become engaged enough to send their written consent. We are currently several months away from sending out that solicitation.
If you have any questions, please respond to this email, at firstname.lastname@example.org. We will respond to them individually, unless many are the same, in which case we will do a follow up Q & A email to all owners. Further emails will follow as detailed in our email communication dated 10/23, entitled “Crown Point Successful in Deposing Coastland” .
With deep appreciation for your enthusiastic support,
The Governance Committee
Al, Chris, Dennis, Greg, Jeanne, Jim, Rick, and Robert
Mandated Dues Increase
On February 2, 2016 the Ocean Sands Property Owners Board met. There were four outcomes from the meeting.
Initially there were discussions concerning the 2015 budget shortfall and the proposed 2016 budget. A number of the line items were dissected and challenged by the owner representatives as being inappropriate, not expenses of the POA. Coastland strongly insisted on a substantial dues increase primarily because of cost overruns in 2015. Seaside Management surmises there will not be enough operating funds to cover necessary expenses.
The following 4 part motion was made by Rick Kinner, with the intent that the dues increase be contingent upon the other three components of the motion.
a) Formal Reserve study to be completed by Miller Dodson prior to the Annual Meeting.
b) A $38 dues increase (10% increase) to be made part of the 2016 invoice.
c) The amount of dues increase to be allocated $19 to the Emergency Reserve fund and the other $19 allocated to road capital projects.
d) 2016 budget be amended to remove $82,178 from the soft costs to generate surplus; the other $19 allocated to road capital projects.
1) Reduce line item for Legal Fees to $3,000 from $14,000
2) Drop $12,000 for Stormwater analysis, these are costs developed by Coastland to create and defend the Coastland position.
3) Remove $25,600 of Seaside management item, addressing Coastland needs.
4) Remove $31,178 GAW engineering work, not ready to spend at this point.
This motion was voted down 3/2 with Sara Duling, Bob DeFazio and Jeanne Marchinco voting nay and Al Marzetti and Rick Kinner voting yes.
The next motion was made by Sara Duling.
Motion to increase dues by $100, (26.4% increase) allocating the additional funds to $19 for the Road projects, $19 for Emergency Reserve and $62 for the operating accounts.
This motion passed, 3/2 with Coastland employees voting for it and owner reps voting no! There was a total disregard of the objections to the line items described in our motion.
Owner Representatives then made this motion which was amended in discussion as follows:
A formal Reserve Study to be completed by Miller Dodson prior to the annual meeting, costs not to exceed $4,000.
Motion was passed 4/1, with Jeanne Marchinco seeking to review the contract.
The last item decided was the date of the 2016 Annual Meeting. Coastland employees stated that the April date was only a trial for one year and that with only 65 attendees they wanted to go back to May. It turns out that several weeks ago Mr. DeFazio arranged the May 14 date with the Fire Department. The only consolation is that this is not Mother’s Day weekend.
Please mark your calendar and make every effort to attend the 5/14 meeting, we need your input. Meeting starts at 9 AM and lasts about two and half hours. As usual it will be at the Firehouse in Whalehead – 827 Whalehead Drive (at the intersection with Dolphin Street) in Corolla.
For more information about our Ocean Sands community please visit our web site, www.oshoa.org.
Coastland Seeking a Dues Increase!
Currently the members of the Ocean Sands Property Owners Association pay $380.00 annually.
This sum is invoiced by Coastland early in the first quarter and due for payment by March 30. The dues were $350.00 per annum for several years until 2014. Prior to the 2013 Annual Meeting, the owner members of the POA board agreed to a Coastland proposal for $30 increase, with the express proviso, however, that all additional monies generated by the increase would go directly into the “Reserve Fund for Storm Repairs”. At the 2013 Annual Meeting, the membership ratified this proposal and the increase assessment commenced in 2014. This fund is a type of capital maintenance reserve designed to cover significant damage sustained to the infrastructure (roads, walkways, cross overs) from a natural disaster such as hurricane, nor’easter, tornado, flooding etc.
Coastland is currently proposing a $100 increase in annual dues. This represents a 26.4% increase.
Braxton Hill, VP of Coastland, began suggesting the need for a dues increase as early as August. Since then Coastland has taken every opportunity when there is a request for service, information or meeting participation to point out the associated costs and the need for more money. Basically, Coastland explains the need for a dues increase based on the following factors:
- Ocean Sands POA has one of the lowest annual dues among homeowner associations on the Outer Banks.
- The activities of the Stormwater Committee are putting a strain on the resources (time, staff, legal advice) of Coastland. They charged the POA in 2015 and claim to need money for 2016 to respond to the actual requests of the Stormwater Committee, including attending monthly meetings. We would note that a Coastland representative calls in to the meetings and is maybe on the phone for an hour. Coastland has provided no information in response to numerous requests, so it does not appear they have spent any time collecting information for the Committee.
- Coastland has, yet again, sued Currituck County. This litigation has associated costs and Coastland has postured a need to “protect” Ocean Sands owners from the consequences of its suit against the county by proposing hiring lawyers for the POA. The POA has neither standing to participate nor exposure to any liability from this suit.
- Coastland’s proposed 2016 budget contains a 40% increase in total management expenses due to Coastland hiring Seaside Management (which has never been approved by the POA Board).
- Finally, Coastland informed POA Board as of 12/31/15 the Operating Account contains only $1,469. Coastland feels that a shortage of funds to cover 2015 expenses against the 2015 budget would be resolved by increasing dues for 2016.
The owner representatives to the board, Al Marzetti and Rick Kinner are challenging this dues increase. We feel the amount is too much and without rationale. Having the lowest dues on the Outer Banks is not a sound basis for determining a dues increase. We are not categorically against a moderate dues increase for 2016, say $25-$40. However, additional dues must be specifically allocated to the already established needs that owners have been discussing and requesting for years and not just used to pay more “allocated overhead” expenses of Coastland.
These would be:
- There have been continuous requests to have a formal independent reserve study completed, so we have a scientific basis for understanding future capital maintenance needs.
- Adding more dollars to the existing storm repair reserve fund, which is clearly underfunded.
- Expenditures that prudently advance the solution for storm water flooding.
- Re-establishment of the drainage easements that should have been maintained (might help reduce flooding impact).
- Better quality road repair and maintenance.
|About the Stormwater Committee
As noted in our first communication, the Stormwater Committee was formed at the April 2014 annual meeting of the Ocean Sands Property Owners Association. Subsequently, the Crown Point POA joined the Committee. Currently there are discussions with several other contiguous communities with varying levels of interest.
The Committee is responding to the outcry from our community for a solution to the repeated flooding of their homes, surrounding areas and local streets over many years. Beyond the negative effects on rental activities, this standing water poses many health hazards and negatively impacts property values (after all, who wants to pay top dollar in an area that floods?). Of course, different storms bring different effects on different properties. Also, there are many diverse players involved with multiple, competing objectives and needs. Due to the complexities involved, both from an engineering and a “political” standpoint, the Committee concluded that a continuous focused effort was needed to resolve the many issues related to the stormwater problem.
We all know the cause of flooding – rain storms, Nor’easters and hurricanes! But the conditions that create or allow pervasive flooding are different and varying. The Committee’s mission and objectives are several:
The Committee has agreed that a major objective or, more accurately, a key responsibility, is our obligation to provide owners with an understanding of all aspects of this very complex multi-community recurring problem.
There are currently 14 Ocean Sands and Crown Point homeowner members on the Committee, plus Eric Weatherly, the county engineer, and the Coastland participants. We are overwhelmed by how many people are willing to volunteer significant amounts of their time for such a daunting task, so we would like to introduce the Committee members to you.
Technical guidance & assistance provided to the Committee by Eric Weatherly, Currituck County Engineer
The Committee has been meeting monthly since the beginning of 2015, with a majority of the Committee members at each meeting in the County satellite office or the Corolla Library. We have formed a number of subcommittees to address different aspects of this highly complex issue. The subcommittees are having conference calls, conducting research and developing recommendations for their areas. Activities to-date include:
Significant time has also been spent by numerous Committee members to put in place stop-gap measures to mitigate flooding issues caused by the recent storms (and we can’t emphasize enough just how lucky we were that Hurricane Joaquin moved out to sea).
The Stormwater Committee will continue to communicate with all owners and share news and developments about our efforts. All of the owners and residents within our communities must be made aware of all components of this multifarious problem. We believe that people must recognize that there are many ways they may be impacted by the pervasive flooding in the northern outer banks – not just whether they have standing water in or under their house. In addition to damage to homes and personal property, pervasive and continual flooding impacts access to rental property, dents fair rental values and increases insurance rates. Obviously, potential flooding conditions result in reduced property values for all. Moreover, there is a clear and lasting impact on the appearance of our communities and the impression people have of Ocean Sands and Crown Point, not to mention the potential adverse health impacts from standing water.
Please pass this information on to your friends and neighbors as we still don’t have a complete email list of all property owners and can’t afford postal mailings. Tell them to email: OceanSandsStormwater@gmail.com so that we can add them to our list for future updates. Thanks for your help and cooperation & stay tuned!
The Ocean Sands Property Owners Association is a North Carolina Non-Profit Corporation that is also a tax-exempt 501(c)(3) organization. One of the requirements for Non-Profits is to hold an annual meeting which is announced to all members more than 30 days prior to the meeting. In 2015, the meeting was held at the Whalehead fire station on April 25 from 9-11:30 AM. Approximately 165 people were in attendance representing about 100 owners.
The Board of Directors of the Ocean Sands POA is determined by Article III section 5 and Article IV of the By-Laws. The board is comprised of 5 people. Three of the individuals are employees of Coastland Corp. the developer since 1972. In their employment roles they report to Braxton Hill, Coastland’s VP and attorney of record. Owner representatives hold the other two director positions. They are Al Marzetti resident of Section F and Rick Kinner resident of Section Q.
Two weeks after the annual meeting, on May 10, one of the Owner Representatives, Rick Kinner took the time and effort to recap and document the annual meeting. Owner Representative Summarizes 2015 Annual Meeting of the Ocean Sands Property Owners Association (OSPOA) Meeting
The recap was distributed to the 230 owner emails that he had collected over three years. The primary reasons for the recap were a number of key discussions and decisions that occurred at the meeting. Foremost were the engineering report concerning storm water, the effort to reconstitute the Architectural Committee, the bike path and, most significantly, the establishment of the Governance committee.
The official minutes of each annual meeting are produced by the board secretary, a Coastland employee. Historically (at least the last 6 years) those minutes were distributed about two weeks prior to the next annual meeting — in other words, 11 months later.
- This July, the owner representatives began requesting the publishing of the Minutes.
- Requests were made at least 8 different times with no response from Coastland.
- In October, we received email from Coastland Corp. stating that first draft of Minutes was complete being reviewed by Mr. James Johnson and Braxton Hill. Neither individual is a board member!
- We had a board meeting on 8/19. No mention of progress or comments on review of Minutes.
- On 9/2, Coastland informs owner representatives of the additional cost of another management company via email. Didn’t give us the courtesy of telling us in person, or allowing for a board discussion.
- Coastland sends an email on 11/24 simply stating “Attached”. Coastland Official Meeting Minutes of 2015 OSPOA Annual Meeting
The Minutes are 8 pages long, read like a snippet from a sound recording.
Names of speakers are incorrect and misspelled
A seven month’s delay in publishing the Minutes of the annual meeting
Lack of serious content, no cohesion or flow, no identification of topics or results.
Non-compliant with standard parliamentary procedure
There is a very real question concerning the quality of governance the owners receive from Coastland! How the Minutes were addressed is just a very recent and clear example of this. Coastland does not meet standards for business conduct and gives short shrift to maintenance of necessary corporate formalities. Coastland has little regard for questions, opinions or needs of owners. There is a real lack of responsiveness. Any actions of consequence are determined solely by James Johnson and Braxton Hill, who do not consult with the owners. The “Coastland” directors do as their employer instructs, and since they are always in the majority, the Ocean Sands POA is controlled by James Johnson, who is the ultimate arbiter on virtually every POA issue.
Links to both the Owner Recap document of 5/10/15 and the official Minutes of 11/24 are provided in this post for you to make your own determination as to whether you are getting the information you need from Coastland.