GOVERNING DOCUMENTS
Perryville Olde Towne Homeowners Association, Inc.
REASONS FOR REMOVAL OF THE BOARD OF DIRECTORS
Maryland State statutes of Incorporation and Civil Codes are legislated statues and take precedence over all other legal documents.The Perryville Olde Towne Homeowners Association, Inc. (hereafter known as HOA) governing documents give the BOD authority to govern the Association by the Articles of Incorporation for legal basis for operating within Maryland State Corporation Codes.
These codes have been violated by the BOD and have been FORFEITED for Perryville Olde Towne Homeowners Association, Inc. Department Id number D05880331, it was forfeited on October 5, 2007. The corporation was forfeited because it failed to submit the Maryland Form 1 for 2006.
This resulted in a failure to comply to Maryland Law and to fulfill the Fiduciary Duties and Due Diligence to the HOA to uphold the By-Laws, Conditions, Covenants and Restrictions, Rules and Regulations and Depository Disclosure Statement dealing with the physical entities of the HOA thereby resulting in the BOD forfeiture of their offices to represent Perryville Olde Towne Homeowners Association, Inc. -- the HOA
These codes have been violated by the BOD and have been FORFEITED for Perryville Olde Towne Homeowners Association, Inc. Department Id number D05880331, it was forfeited on October 5, 2007. The corporation was forfeited because it failed to submit the Maryland Form 1 for 2006.
This resulted in a failure to comply to Maryland Law and to fulfill the Fiduciary Duties and Due Diligence to the HOA to uphold the By-Laws, Conditions, Covenants and Restrictions, Rules and Regulations and Depository Disclosure Statement dealing with the physical entities of the HOA thereby resulting in the BOD forfeiture of their offices to represent Perryville Olde Towne Homeowners Association, Inc. -- the HOA
.i .e., the failure to comply with Maryland Law and to FORFEIT by not renewing the Corporation Charter and follow BY-LAWS governing the use restrictions and easements to also include:
*Failure to enforce violations on COMMON AREAS (CA) private BOD use of GARDENS & $500 missing top soil.
*Failure to enforce violations resulting in loss of ASSET & PROPERTY VALUES.
*Failure to enforce 6 years ea. of $2000 budgeted for SNOW PLOWING totaling $12,000.
*Failure to maintain attractive landscape.
*Failure to enforce BY-LAWs on 5” grass violations allowing grass & weeds to exceed 12”.
*Failure to enforce violations on JUNK (tires, trash, skate board ramps, etc.) stored on property.
*Failure to enforce violations on satellite TV dish placement restrictions.
*Failure to enforce violations on dead bushes & trees.
*Failure to enforce violations on parking trucks & trailers, parked cars on CA grass, boats on trailers, watercraft, skidoos, garden trailers in and on CA.
*Failure to enforce violations on advertising signs curtain & blinds, ads.
*Failure to enforce violations on unregistered abandoned cars & trucks.
*Failure to enforce violations on feeding and keeping feral cats on HOA property.
*Failure to enforce violations on use of skateboard ramps and RC radio controlled toys.
*Failure to enforce violations on color restrictions matching paint & trim.
*Failure to enforce violations on auto repairs in driveways & on HOA property.
*Failure to direct the budget and to get COMPETITIVE BIDS from CA vendors, CA contractors etc. for CA lawn care and management companies.
*Failure to enforce violations on other Board of Director members.
*Failure to enforce violations of 5+ year old MOLD & spider webs.
*Failure to enforce violations of ROT in and on fences and decks.
*Failure to enforce violations bent or broken street signs and poles.
*Failure to enforce violations on RUN-OFF PONDS & broken pond FENCES.
*Failure to enforce violations by allowing basketball hoops.
*Failure to enforce violations of broken concrete sidewalks and cement steps.
*Failure to have any meetings or take or keep minutes for over 1 year.
*Failure to enforce violations of graffiti - soiling - staining & egging of the CA mailbox
*Failure to have any meetings or take or keep minutes for over 1 year.
*Failure to enforce violations of graffiti - soiling - staining & egging of the CA mailbox
___________________________________________________________________
Petition
to Recall/Remove all Board of Directors of the
PERRYVILLE OLDE TOWNE HOMEOWNERS ASSOCIATION, INC.
FOR FAILURE to perform their FIDUCIARY DUTIES
The undersigned members, in good standing, representing the PERRYVILLE OLDE TOWNE HOMEOWNERS ASSOCIATION, INC. (hereafter known as HOA or association) do petition that the legal governing body (HOA Board of Directors) set the earliest reasonable date, time and place for a special membership meeting for removing the entire HOA board, and that notice and ballots be sent by the HOA board to the membership as provided for in: HOA, BY-LAWS, ARTICLE IV, BOARD OF DIRECTORS: SELECTION; TERM OF OFFICE Section 3. Removal. Any Director may be removed from the board, with or without cause, by a majority vote of the members of the association. Maryland Corporations Code ID# d05880331"Articles of Incorporation" filed 7/12/2000
owner's signature_________________________________________________________
print name _______________________________________________________
address_______________________________________________date________
The HOA CORPORATION CHARTER was "FORFEITED" FOR FAILURE TO COMPLY WITH MARYLAND LAW FOR NOT FILING FORMS IN 2006 AND 2007 and now faces FINANCIAL PENALTIES. Although the Corporation Charter still remains "FORFEITED", a 2008 filing shows "TIM BURKE as President" and the only officer, as well, is a "TIM BURKE is the only Director" and his address simply states "Perryville" and nothing more. (This filing was not brought up to date, nor was any fine or penalty paid but was signed by Johanna Wood and not "TIM BURKE, as the President") -- Ms. Johanna Wood is also the person that sent a MEMO to all owners last fall that said ..."information being disseminated is misleading and misstated and requiring that owners participate (in a PROXY). She continues to say ... the Board is managed by 5 very capable Board members" ... She currently represents herself to us as the HOA President since 2005 - 06 - 07 and 08 and wants to be in line after the April election to continue in 2009).
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Mr. Reeling:
Please refer to the attached excerpts; Sec. 3 of Art. IV of the Bylaws requires a majority vote of the Members to remove a director. With 51 total votes, you need a minimum of 26 votes to oust a director. Your 29 PROXY votes would be enough. I am assuming that all voters are Class A members pursuant to Art. V, Sections 5.2 and 5.3, of the Declaration. In order to accomplish the above, however, you need to call for a special meeting specifically for the purpose of voting on the removal of the Board. For the members to call for a special meeting, at least 1/4 of all the votes, or 13 members, must submit a request to the Secretary of the Board in writing. -- Such a request is normally in the form of a petition. A meeting is required so that all 51 members will have an opportunity to be heard.
Dwight W. Clark, Esq.
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PROXYPERRYVILLE OLDE TOWNE HOMEOWNER'S ASSOCIATION, INC.
I / We ________________________________________________________date ____________the owners of
(complete names of all owners on record)
_____________________________________________________________(address) , being a member in good standing of the PERRYVILLE OLDE TOWNE HOMEOWNERS ASSOCIATION, INC. I / we hereby expressly grant, direct and instruct my / our proxy to Wilbur M. Reeling (proxy holder) 808 Armstrong Ct. Perryville, Maryland 21093 to cast my / our vote, or at any adjournment thereof and will be used to establish a quorum, cast my / our vote on all items of business coming before a meeting or annual meeting of the council as indicated for the next election of Directors to the Board,
In WITNESS WHEREOF, the undersigned has / have executed this Proxy, this _______day of _______, 2009
signature_____________________________print name______________________
signature_____________________________print name______________________
PER THE BY-LAWS, PROXY FORMS ARE TO BE DELIVERED TO THE SECRETARY OF THE HOA BOARD
... IS THIS A BOAT~? mmm ...STORED ON AN HOA PROPERTY
BOATS and TRAILERS ARE NOT PERMITTED
