Home Owners of Ocean Sands Facebook Group Breaks 500

 

OCEAN SANDS FACEBOOK GROUP
TWO YEARS OLD AND MORE THAN 500 STRONG!

In April of 2015, the Governance Committee was formed by unanimous floor vote at the Annual Owners Meeting. Due to Coastland’s failure to disseminate pertinent information about our community, we went to work to find a way to better connect neighbors with neighbors. We set out to build a database of owners’ contact information, and in 2016 we launched our first email to the Home Owners of Ocean Sands. Our mailing list has since grown to more than 1,300 subscribers.

Later that same year, we began work on an owner website, designed to host information about Ocean Sands, including FAQs, legal documents, emails and posts. We announced oshoa.org in the winter of 2016.

In August of 2017, the Governance Committee created the Home Owners of Ocean Sands Facebook Group, and invited homeowners to join. It started small, but there are now 517 verified owner members. On this Facebook page, owners share important information about our homes, our community and events, vendor services, beach and dune crossover status, hurricanes and tropical storms. Whenever Ocean Sands suffers the brunt of a storm, for example, neighbors reach out to neighbors, sending photos and checking homes for those who are unable to get here to see for themselves.

Since this is a closed group, only members who own property in Ocean Sands North may be admitted. This is meant to provide a safe place for discussion among owners. Members are held to the basic FB standards of respectful and courteous discourse.

If you are a member of our Facebook Group, thanks for joining! If not, please send a request to join by clicking here: Home Owners Of Ocean Sands. Spread the word to other Ocean Sands neighbors!

Finally, we continue into 2019 to get the job done. So if you, or someone you know, haven’t signed the Written Consent Form to amend the Declaration, please do it this week! More than 80% of Facebook members have sent in their signed Written Consent Form. Doing so will amend the Declaration and place control of our community into the rightful hands of ALL owners, not the Developer. We’re getting very close to reaching that goal. Question about the form or process? Send us an email: admin@oshoa.org.

Here’s a link to the email that will explain why, and take you to the form that you need to sign: http://oshoa.org/2017/08/10/written-consent-to-amend-the-declaration/

Do it this week.

The Governance Committee,
Al, Rick, Dennis, Chris, Robert, Greg, Jim and Jeanne

 

 

Consent Form Update – More Progress Toward Self Governance

MORE PROGRESS TOWARD SELF GOVERNANCE

Now that the annual meeting has passed, we thought you would want to know the status of our community’s effort to achieve self-governance.  We have been making steady progress! Thank you.

By the end of the Annual Meeting, a total of 552 properties have approved the change by completing their Written Consent Form. This represents 80.4% of the legally required signatures to remove Coastland’s control of the Ocean Sands POA Board. Technically, this is done by cancelling the special Developer Class of voters in the Declaration of Restrictive Covenants. Coastland will have just one vote for each of the eight (8) lots they still own. 

We, us, all the owners, within Ocean Sands North are so close.  Finally, this feels like it is a very achievable effort and it is.  At this point we request (read – need!) every owner who has signed to check with your immediate Ocean Sands neighbors, the house to the left, the right, and behind you.  Convey to them the urgency and necessity of removing the tyrant crippling our chances to improve the quality and value of our community!

If you haven’t signed please re-read all the various communications concerning Coastland’s poor treatment of our community and the Ocean Sands POA Board. The change to all-owner control will only benefit you and all your fellow owners! Reply to this email with any questions or concerns.

Governance Committee

Al, Rick, Jeanne, Greg, Chris, Jim, Robert and Dennis

Notarizing is EASY

So many owners have told us that the only thing stopping them from sending in their Written Consent form is the need for a notary. The notary requirement is one we would have gladly skipped, but our attorney warned that not having a notary certification on each form would create a potential claim of fraud.

All forms need to be notarized. Normally, we only see notaries when buying or selling a home or signing a will. For most people these are not frequent activities. We are hoping a quick set of reminders will help get many owners over the hump.

WHERE:
Notaries are available many places. Wherever you find a notary, the seal will be honored in North Carolina. Follow this list in order of ease:

  • Your bank – almost always has a notary in the branch. Often notarization is free if you have an account.
  • Public Library, commonly free
  • UPS or FedEx stores are very convenient, not free
  • Real Estate firms, usually
  • Your employer may have a notary in the Legal or HR department
  • Law Offices, always

HOW:

  • Print out the form and complete it, but do not sign it yet
  • Go to the notary you found above
  • Sign the form in front of them
  • Provide your driver’s license or passport as identification
  • The notary will examine the driver’s license to identify you
  • Often, they will record your information in their logbook and you may be asked to sign. This is in case the notarization is ever challenged.
  • The notary will fill in the Certification section, sign, date, and stamp the form. The form will be returned to you.

POINTS TO REMEMBER:

  • All owners need to sign for Joint or Partnership, but they can sign different copies of the form. The attorney will match them up.
  • For Trust ownership, use the Trust form. All Trustees must sign, but they can sign different copies of the form. Fill in the exact name of the Trust (we can find it for you). When you sign your name, write “Trustee” after your signature.
  • For LLC ownership, use the Corporation form. Fill in the name of the LLC. When you sign your name, put your corporate title after your signature. It might be Manager, CEO, President, Owner, etc. It is never Registered Agent.
  • Mail the form directly to the attorney. The address is at the top of page one.


Getting the Written Consent form notarized is not be a burden. Total time at the notary should be well under 15 minutes if you are prepared. The forms notarized at the Annual Meeting by our mobile notary usually took less than 10 minutes, unless the owners wanted to chat. If not free from your bank, notary fees run between $2 and $15 depending on state laws. The need for a notary should not be an obstacle to submitting your form. Over 560 forms have been submitted already.

If you have any questions, or need a blank form please reply to this email.

The Governance Committee,
Al, Rick, Jean, Dennis, Chris, Greg, Jim, and Robert

More Progress Toward Self Governance – Update on Consent Forms

More Progress Towards Self Governance
Now that the annual meeting has passed, we thought you would want to know the status of our community’s effort to achieve self-governance.  We have been making steady progress! Thank you.

By the end of the Annual Meeting, a total of 552 properties have approved the change by completing their Written Consent Form. This represents 80.4% of the legally required signatures to remove Coastland’s control of the Ocean Sands POA Board. Technically, this is done by cancelling the special Developer Class of voters in the Declaration of Restrictive Covenants. Coastland will have just one vote for each of the eight (8) lots they still own. 

We, us, all the owners, within Ocean Sands North are so close.  Finally, this feels like it is a very achievable effort and it is.  At this point we request (read – need!) every owner who has signed to check with your immediate Ocean Sands neighbors, the house to the left, the right, and behind you.  Convey to them the urgency and necessity of removing the tyrant crippling our chances to improve the quality and value of our community!

If you haven’t signed please re-read all the variouscommunications concerning Coastland’s poor treatment of our community and the Ocean Sands POA Board. The change to all-owner control will only benefit you and all your fellow owners! Reply to this email with any questions or concerns.

Governance Committee

Al, Rick, Jeanne, Greg, Chris, Jim, Robert and Dennis

Watch for the Annual Meeting Overview email  –  coming soon!
Copyright © 2019
Home Owners Of Ocean Sands Governance Committee
All rights reserved

Visit our website: http://www.oshoa.org
Send us an email: admin@oshoa.org

Join us on Facebook: Home Owners Of Ocean Sands
Our mailing address is:
P.O. Box 56, Corolla, NC 27927Want to change how you receive these emails?

You can update your preferences or unsubscribe from this list

COUNT UPDATE TO ALL OWNERS WHO HAVE NOT SIGNED email to owners 7.26.18

MOVING FORWARD – SIGNATURES COUNT

We have not sent an email since May because we have been exploring new ways to reach the remaining owners who have not yet signed.  Many of you have wondered about the progress towards securing owner’s control of Ocean Sands. The table below lays out the entire situation and what we must accomplish, together.

TOTAL PROPERTIES IN OCEAN SANDS:  1,001

TOTAL NUMBER OF OWNERS:             924

LEGALLY REQUIRED SIGNATURES:   2/3 of  properties

SIGNED FORMS RECEIVED:                    73% properties required

SIGNED FORMS RECEIVED                     53% of ALL owners
|
ADDITIONAL FORMS REQUIRED          181 Written  Consents

More than half your Ocean Sands neighbors believe in the necessity of self-governance and have already signed the document. Our goal is to have all the required signatures by December 31, 2018, which can be done with your help now.
Everyone reading the OS Annual Budget knows that Coastland is taking a fee for operating OSPOA, when Signature Touch has been hired specifically for that purpose!
Everyone who paid their dues knows they went up again, for the third year running.
Everyone who has read our emails knows that Crown Point has not had to raise dues once they removed Coastland’s control of their community.
But not Everyone has done the one thing that will give the owners control of Ocean Sands. Sign and notarize the Written Consent to Amend form. Support your neighbors.
This email came to you because we have not received your Written Consent yet. If you have questions or need the form, please contact us by replying to this email. If you have been meaning to complete the form, please do it NOW !
The Governance Committee
Al, Rick, Jeanne, Greg, Robert, Chris, Jim, and Dennis
Copyright © 2018
Home Owners Of Ocean Sands Governance Committee
All rights reserved

Visit our website: http://www.oshoa.org
Send us an email: admin@oshoa.org

Join us on Facebook: Home Owners Of Ocean Sands
Our mailing address is:
P.O. Box 56, Corolla, NC 27927

MEET THE GOVERNANCE COMMITTEE TO LEARN WHY THINGS MUST CHANGE email to owners 11.20.2018

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

Copyright © 2018
Home Owners Of Ocean Sands Governance Committee
All rights reserved

Visit our website: http://www.oshoa.org
Send us an email: admin@oshoa.org

Join us on Facebook: Home Owners Of Ocean Sands

Our mailing address is:
P.O. Box 56, Corolla, NC 27927

A Response to Coastland’s Letter to Owners …from an owner

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.

Andy Bates
Connie Rubler
Columbia, MD”

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 admin@oshoa.org

WRITTEN CONSENT TO AMEND DECLARATION

AFTER 40 YEARS, IT IS TIME FOR OWNERS TO
TAKE CONTROL OF OUR OWN COMMUNITY!

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.
Governance Committee,
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 FACEBOOKHome Owners of Ocean Sands

The Planned Community Act Explained, Part 2, 12/12/16

 

The Planned Community Act Explained
Part 2

In this email, we explain how the PCA works and the relief it offers to communities like ours


Executive Summary:

  • Prior to 1999, planned unit developments such as Ocean Sands North were regulated only by the Declaration of Restrictive Covenants and Association Bylaws (the “Governing Documents”) created by the Developer.  Few legal protections for owners existed. Often, the Governing Documents failed to address key issues relevant to the governance of a planned community, thereby creating confusion and uncertainty.  Also, provisions were usually heavily slanted in favor of the Developer.
     
  • The PCA was enacted in 1999. The purpose is to provide more specific guidelines for governing planned communities, while leveling the playing field between Developer and home owners.
     
  • For communities already in place, like Ocean Sands, some of the PCA provisions apply; however, these “retroactive” sections don’t provide a fulllegal infrastructure for good governance.  As discussed in an earlier article, these retroactive provisions do furnish the “path to freedom” from Coastland. Crown Point just walked the path to freedom, successfully.
     
  • The Governing Documents applicable to Ocean Sands Property Owners Association (OSPOA) are worse than most “pre-1999” communities; our lawyer has commented that they are the “most egregiously offensive and poorly drafted” governing documents he has ever seen.   And…even where rules exist, Coastland frequently ignores them.  Adoption of the PCA would give us a new “constitution”, with individual owners in control.  The OSPOA Governing Documents are posted on our website at Ocean Sands Legal Documents.
     
  • In conjunction with ousting Coastland, Crown Point POA also elected to have the entirety of the PCA apply to themselves.  Adoption of the full PCA makes good sense for Ocean Sands POA too.

Discussion in Detail:

In 1999, the North Carolina General Assembly enacted the North Carolina Planned Community Act.  The PCA was intended to establish certain rights for property owners in “planned communities” and provide clear procedures and guidelines for their governance.  Planned Unit Developments (“PUDs”) such as Ocean Sands North are considered to be “planned communities”.

Prior to the PCA, planned communities were governed solely by the Declaration of Restrictive Covenants, the Articles of Incorporation, and the Bylaws (the “Governing Documents”).  Sometimes (but, not in OSPOA’s case) a set of Rules & Regulations was also created.   

OSPOA’s Governing Documents are poorly drafted, ambiguous and often internally inconsistent. They are written to guarantee continued control by the developer, Coastland Corp. The documents fail to address many key issues critical to modern governance of a planned community.  

The Declarations have been amended so many times that our lawyer is having a hard time determining what currently applies.  The Bylaws are horrendous — drafted in the early 1970’s by a sole practitioner attorney in Manteo less than 5 years out of law school.  You may recall our earlier articles covering the numerous (over 50) problems with the current OSPOA Bylaws.  In sum, the OSPOA Governing Documents don’t provide a solid framework for running a 1,000+ unit owners’ association.

A key purpose of the PCA is to fill the gaps not addressed in Governing Documents and to override unfair provisions.  It provides a full set of rules covering all aspects of operating a property owners’ association such as: Applicable Notice Provisions, Rules for conducting Board Meetings, Voting & Elections, Approval of Annual Budgets, and Penalties for Rules Violations.  The PCA eliminates the guesswork created by inadequate Governing Documents and ensures a level playing field.

The most common problems that arise in “non-PCA” communities relate to the transfer of common elements (think Open Spaces, streets, dune boardwalks), easements over common elements, and the adoption of the annual budget.  Allof these are issues for Ocean Sands North.  

As the legal issues relating to common elements are less fun than watching paint dry, let’s just consider one of these – approval of the annual budget.

The budget is obviously of great interest to owners because it drives the level and types of services required as well as the dues.  Typically, “pre-1999” communities only provide limited owner control over the budget; for example, the right to approve budget increases greater than 5% and/or the ability to vote out a Board that adopted an unpopular budget.   We have neither – basically, we have NO control.  The OSPOA Bylaws contain no provisions relating to the annual budget process. Because Coastland controls a majority on the Board, we don’t even have the ability to “throw the bums out”.  

The PCA requires that, after preparing a budget, the Board must submit it to the owners in advance and ask the membership to ratify it at a membership meeting.  If the Members don’t ratify the budget, then the prior year’s budget stays in effect until a new budget is ratified.  This PCA mechanism thus gives owners some level of control over the budget.

In short, the PCA gives the answers to the key questions that arise in governing a planned community.   We clearly don’t have that now.  Right now, the developer alone makes every decision to act – or not

Just to give you an update, a full eight months later, we still do not have: (1) final annual meeting minutes from 2015 or draft minutes from 2016, (2) a 2016 budget (ratified or otherwise), or (3) approved 2015 financial statements.   Despite a commitment made at the 2016 Annual Meeting (and repeated requests from owner board members), Coastland has refused to call a board meeting to resolve these outstanding issues.  Additionally, Coastland has twice installed a new POA Board Member without a board meeting, just as they did with the hiring of the property management firm (at owners’ expense).  The Architectural Committee continues to be wholly comprised of individuals who are deceased.  

For those interested in greater detail on the law applicable to NC Community Associations, please visit this link to an FAQ on Black, Slaughter, & Black’s website: FAQs-About-NC-HOA-Condo-Associations.  The author, Jim Slaughter, is representing us and also successfully piloted Crown Point to freedom.  Here is a link to the complete PCA statute.

Your Governance Committee,

Al Marzetti, Rick Kinner, Chris Markwith, Dennis Heffernan, Greg Walkup, Jeanne Fitzpatrick, Jim Bonfils, and Robert Minnich

The Future Of Ocean Sands – The Planned Community Act Explained, 10/28/16/16

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:

  1. The OSPOA Board will be owners only.
  2. The new Board will be able to amend any section of the ByLaws.
  3. 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 admin@oshoa.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

Crown Point Successfully Deposes Coastland Corp! 10/23/16

Crown Point Successful in Deposing Coastland Corp!

On Saturday, October 22nd, 2016, Crown Point owners voted unanimously to remove Coastland control of their POA board and make critical changes in their By-Laws!  Crown Point homeowners have now taken full control of the POA Board and are in the process of transitioning to self-governance.

Crown Point owners successfully executed the strategy developed by the Governance Committee to use provisions in the North Carolina Planned Community Act of 1999 (PCA) to wrest control of the POA from Coastland Corp and vest it exclusively in the homeowners!

As we are all painfully aware, Coastland had maintained control using By-Laws they drafted over 40 years ago.  Those By-Laws granted Coastland control of Crown Point until Coastland has sold every lot within the POA.  Further, the By-Laws provide that this “control” provision, as well as control of the finances could only be amended by the Developer – i.e., Coastland.

This year, Governance discovered the way out and developed a strategy to implement it.  The PCA provides rules governing planned communities.  However, the PCA generally applies to planned communities formed after 1998, and OSPOA and Crown Point dated to the early 1970’s.  In 2013 the PCA was amended to permit “Pre-1999” POA’s to change their Declaration of Restrictive Covenants (Declarations) by the vote or written consent of 67% of the POA membership.  Because provisions in Declarations take precedence over By-Law provisions this provides a mechanism for homeowners to break the shackles of Developer control and achieve self-governance.

Crown Point secured the favorable written consent of over 90% of their owners in September to amend their Declarations to provide for a Board comprised solely of homeowners.  Coastland refused to file the Declaration Amendment, so our attorney filed it directly with the Register of Deeds.  Coastland dragged their heels in calling the required Special Meeting, but it was finally arranged for October 22 and the rest is now pleasant history.

The owners of Ocean Sands and Crown Point have now defeated Coastland Corp. on three separate issues:

  • Coastland was against building the bike path unless families and children crossed Rte. 12 to get to it.  Common sense prevailed;
  • Coastland opposed the creation of the Storm Water Service district whose purpose is to solve flood problems. The County and OS owners felt differently;
  • Now 27 years of Coastland control of the Crown Point community is at an end!

It is BIG NEWS that Crown Point was successful without having to file a lawsuit!   This shows that this mechanism works. It will work for Ocean Sands North as well!   Your understanding of the issues and process, support during the two upcoming votes and completion of necessary documents in a few months are all that is required! We look forward to continuing our dialog with all owners and controlling our own future.

If you are aware of any fellow owners who have not furnished their email address(es) to the Home Owners of Ocean Sands, at admin@oshoa.org,
please encourage them to do so. It is critical that we have 100% engagement !
And, as always stay updated on our website, http://www.oshoa.org!

CROWN POINT DID IT. OCEAN SANDS IS NEXT!

Update on Coastland Litigation

Update – Coastland Corp. vs. Currituck County

This is to update you on the latest development in this case. As you may recall from the recent letter from Coastland, Coastland said that, “at its own expense”, it was going to object to inclusion of the water & sewer district (OSWSD) in the lawsuit Coastland filed against the county.

The hearing on this matter was set for January 25, 2016. Your homeowner representatives opposed Coastland’s proposal to hire an attorney to represent the POAs because (1) the POAs had no legal standing to participate in this matter and (2) it did not appear that there was any possible legal conclusion other than that the OSWSD was a “necessary party” to this action.

After the calendar call on January 25, but before the issue came before Judge Tillet, Coastland’s attorneys agreed to the joinder of OSWSD as a necessary party to the suit. The parties also agreed to a slight modification to the process proposed by the county for selecting arbitrators. An Order to effectuate this agreement has been submitted to Judge Tillet for entry into the case file. The irony has not escaped us that Coastland wanted the POAs to pay legal fees to protect us….from Coastland.