In my opinion, we should not embark upon a $100k living shoreline if there are less expensive options for maintaining the integrity of the dock landing (i.e. extending the landing 8 foot and let nature take its course).My opinion is based upon the fact that the $100k expenditure would have to come from the reserve fund.This would reduce the reserve fund to approximately $163k.

$163 sounds like a lot but consider the fact that the reserve account is maintained so that special assessments are not required for non-routine maintenance and repair/replacement of non-insurable assets.We have 2 such assets now—dock and a $100k investment in landscaping.

With respect to non-routine maintenance, expenditures pending include a roof repair at amenity center, a root problem at the tennis courts, and possibly pool resurfacing required for our permit. As for uninsured assets, as we learned with Mathew and Irma, a storm can require significant funds for cleanup (we spent $11k last year because of a few wind storms and over $30k after Hurricane Mathew).Damage to the community dock could easily cost $100k (Southerland Bluff did not have enough reserve to cover this and did a special assessment after Mathew destroyed their dock).A hurricane could wipe out a good portion of the landscaping investment (nearly $100k).

Bottom line, it is not like we don't have any other maintenance issues outstanding and a Hurricane could easily eat up a large portion of our $263k reserve. Oh, and let's not forget, the living shoreline is not guaranteed or insurable. This being the case, if we invest in the living shoreline, we would be increasing our uninsurable assets by $100k.Stated more specifically, if we invest in this project, we would not only need to replace the $100k spent on the living shoreline which may or may not work but we would need to add another $100k to the reserve account if we are to have enough reserve to cover uninsurable assets and hurricane damage.

ps. The Zulu Proposal, the 2024 Budget and the Jan. Balance Sheet and Income Statement have been posted to https://www.tolomato.org/

The town hall meeting is scheduled for 3/21 at 6 pm and is promised to be held by zoom as ell as in person.

Budget Blundering Results in an Unnecessary and Irresponsible Annual Dues Increase

At the 2023 TIPOA annual meeting VP and acting Secretary Cliff Sowell took questions from the floor about the 2024 budget and the Board mandated annual dues increase. Myself and several others directly challenged certain budget items and the alleged need to increase the annual dues assessment.

As one of the four members who directly asked questions and expressed their concerns to the Board, I am posting this blog to further express my concerns in hopes that the new Board will take action to reverse the budget blundering of the past president Susan Fardy and VP Cliff Sowell. It should be noted that the 2024 Budget was NOT unanimously approved by the Board.

Fardy and Sowell stated that there was an anticipated budget short fall for 2024 due to the Board planning an "Audit" that was based upon some member's demands and this audit would cost an estimated $13,000 to $18,000 to complete and the dues increase would offset this expense.

Fardy and Sowell also stated that "due to inflation" and "a reduction in purchasing power" a dues increase is necessary and the Board can increase dues assessments at a 5% maximum per year.

Fardy and Sowell brought attention to the balances in reserve accounts amounting to approximately $340,000 combined in two accounts.

Sowell stated that an interest rate of "7%" was the return on the reserve accounts.

In my challenge of Fardy and Sowell, I pointed out the following:

1. There was a budget surplus from the previous years expenditures of approximately $3,300 that should carry forward to the 2024 budget.
2. The 2024 estimated budget should already have inflationary factors and reduced purchasing power considerations in the budget. That's what a budget should reflect.
3. Excluding the 'one time audit' expense item, the current dues assessment covers the 2024 budget.
4. The annual dues increase would yield a year over year budget surplus of approximately $10,400 every year and would increase the already significant balance in the reserve accounts.
5. The dues increase is unnecessary and irresponsible of the Board when the existing significant surplus could be negligibly impacted to cover the small budget shortfall of an "audit" rather than mandating an annual recurring dues increase of $40/year/member.
6. The "7%" historical rate of return on the reserve accounts declared by Sowell is highly suspicious in today's economy and must be factually investigated.
7. The 2024 budget was based on the first 6 months of 2023 rather than a more current P&L
   
   

My challenges were publicly dismissed and not directly addressed by Fardy and Sowell. Since Fardy was not re-elected and Sowell chose to retire from the Board, I have posted this blog to encourage further community dialog with the newly elected 2024 Board regarding the 2024 budget and annual dues increase that only had the minimum required Board support of Fardy and Sowell to officially pass.

 Pamela Flowers  111

George Bigham   101

Jeff Shaner   100

Julia Vaughn  98

3 tied at 96--Lynn Brenton, Heather Rowe, and Jeff Long

John Bagwell   94

Susan Fardy   93

Steve Anderson  90

The old Board elected to resolve the tie by increasing the board to a total of 7.

Lot's of people have been asking about the voting procedures.  Please see below an email thread with Susan.  Do they have a new set of voting procedures or are they winging it? 

Everyone will receive the voting procedures at the same time, when we send them out through the website.

On Fri, Nov 24, 2023, 2:31 PM <This email address is being protected from spambots. You need JavaScript enabled to view it.> wrote:

I will ask once again. Are we going to get the new voting procedures before the meeting?

Keep in mind, you were elected to represent everyone—not just those you choose so quit ignoring me.

From: This email address is being protected from spambots. You need JavaScript enabled to view it. <This email address is being protected from spambots. You need JavaScript enabled to view it.>
Sent: Tuesday, November 21, 2023 3:04 PM
To: 'Susan Fardy' <This email address is being protected from spambots. You need JavaScript enabled to view it.>
Subject: RE: Voting Procedures

Are we going to get these before the meeting?

From: Susan Fardy <This email address is being protected from spambots. You need JavaScript enabled to view it.>
Sent: Wednesday, November 8, 2023 6:01 PM
To: This email address is being protected from spambots. You need JavaScript enabled to view it.
Subject: Re: Voting Procedures

The voting procedures will be updated, Clearly, they will not contain references to Keystone as they are no longer involved. These will go out to Members within the next week.

On Wed, Nov 8, 2023 at 2:42 PM <This email address is being protected from spambots. You need JavaScript enabled to view it.> wrote:

I am assuming my first email did not get to you.

Have the voting procedures been changed? If so when will the revised procedures be made available to the community?

From: This email address is being protected from spambots. You need JavaScript enabled to view it. <This email address is being protected from spambots. You need JavaScript enabled to view it.>
Sent: Friday, November 3, 2023 7:12 PM
To: 'Susan Fardy' <This email address is being protected from spambots. You need JavaScript enabled to view it.>; 'George Bigham' <This email address is being protected from spambots. You need JavaScript enabled to view it.>; 'Judy Flatt' <This email address is being protected from spambots. You need JavaScript enabled to view it.>; 'Clifford Sowell' <This email address is being protected from spambots. You need JavaScript enabled to view it.>
Subject: Voting Procedures

Have the voting procedures been changed?

On the day before Thanksgiving at 7:30 in the evening, the Board sent, via email, a revised agenda for the 12/2 Annual Membership Meeting.  I have supplied a link at the end in the event you missed the "last-minute" communication. The time (3:30 to 5:30) has not changed. The Board did rearrange the agenda items.

The Board decided move the vote for board members to the top of the agenda. The review of the past year, i.e. financial reports, ARB and committee reports now follows the vote. Also, moved to the end is the approval of the 2024 budget which includes an increase in dues and the open forum for comments and questions. In my opinion, the items that have been moved to the end of the agenda are critically important for members to make an informed vote.

Finally, there is no agenda item to announce the results of the vote. Will the results be announced right after the vote? Will the results be announced at the close of the meeting or at some later date? The timing does make a difference. Stated more specifically, while the covenants are silent on when the new board assumes control, our by-laws do state that meeting will be conducted following Robert's Rules. Robert's Rules state the new board assumes control at the time the results are announced. This being the case, the timing of the announcement dictates which board (current or newly elected) votes on the budget and, thereby your dues increase. Oh, I almost forgot, we still don't know what the voting procedures are. Is the Board just winging this? All of this should have been crystal clear before the meeting announcement was mailed to the membership.

So why does any of this matter to you? If you are willing to let the Board operate on the understanding that you have given them a mandate to set their own agenda and don't want to be bothered until next year, I guess it doesn't. You can be happy that you will be spared the boredom of having to listen to the Board's dog and pony show and will, instead get to leave early and watch the SEC championships.

If, on the other hand, your vote is dependent upon how the Board has performed and the Board's agenda for the coming year, it matters. If your vote is dependent upon candidates' responses to questions you may have as to the direction, candidates want to take TIPOA, it matters. If your vote is dependent upon candidates' responses regarding their desire to SERVE the community and desire to engage the community as equals instead of members who need stuff watered down because they can't understand the complexities of POA management, it matters.

In this regard, the above change in the agenda is just one more example of a Board that believes they don't need to engage the membership. And to be quite honest, they probably don't. Why? First, in an active campaign such as this year, members of the Board running for office are the only people who have full access to all emails and phone numbers. Clearly, this gives them an advantage. Second, once elected, the only things the membership can vote on (control) are dues increase, special assessments, removing the board or amending the covenants. Each of these requires 67% or 175 votes. Absentee ownership account for nearly 70% of the membership or 180 votes. This being the case getting a response of 175 is next to impossible, let alone 67% in favor.

Bottom line, it is very important what kind of Board you elect because once installed, it is very hard to effect a change if you don't like the direction the Board takes and, in the end, it could cost you.

(The TIPOA Board "Notice of Concern" email is available below for review or download.)

TO: This email address is being protected from spambots. You need JavaScript enabled to view it. October 16, 2023 

Subject: RE: Important Clarification by Board of Directors

I am a member of tolomatoowners.org. To the best of my knowledge, no member of this group has ever implied that tolomatoowners.org is an official TIPOA site. Quite the contrary, members always make clear that this is not the official TIPOA site.

Tolomatoowners.org is modeled after social media. It is intended to allow members to form groups for pickleball, recipe sharing, Tolomato market if people have stuff to share, and fun stuff. It allows members to get together for impromptu events. It is an avenue designed to build collegiality and community among those of us fortunate enough to live in Tolomato . Is that a problem?

Tolomatoowners.org is a forum for people to discuss issues of concern. It also serves as a forum for candidates for the Board to campaign. Is that a problem?

Tolomatoowners.org accomplishes something the board has chosen not to pursue—that is, to provide an opportunity for open blog like discussions. Tolomatoowners.org is moderated to avoid any offensive posts.

Tolomatoowners.org could easily serve as a companion to the official TIPOA site. As such the Board should embrace this endeavor. Instead at every opportunity you seek to discredit the members of tolomatoowners.org. Whether tolomatoowners.org consists of one member, 10 members, or 100 members—what difference does it make. We all have a voice. We are just trying to bring this community together and afford all members of the community the opportunity to express their views—whatever they might be. Do you have a problem with that?

In the future I would urge you to refrain from using the "official email" of the TIPOA to cast doubt on the sincerity of the views of any group of Tolomato members or any one member of our community. Furthermore, when you use the official TIPOA email, please be clear whether you are speaking for yourself--or whether you are speaking on behalf of the Board and duly authorized by the Board to do so.

Finally, I am sending this email to all members of the TIPOA Board asking each member the following question-- do you, as a member of the Board, support the views expressed by the President of the Board in the attached notice? Your failure to respond will be taken as a yes.

Finally, be advised that these are my personal views as a member of tolomatoowners.org.

Ginny Luizer

Enter your text here ...

There will be a vote on a new water impact at Savannah Square.  I am against adding more impact units.  

Why?   First our water bill is $4,200 per month.  For what, to water plants that don't need it (i.e. grasses, palmetos, etc.)

If your landscaping includes the right plants, they should not have to be watered.  I say this based upon experience. Our landscaping does quite well and we NEVER water anything. 

Just the facts.  Do you believe this Board is serving the community?  If not, volunteer to serve or vote for new Board members. 

Request to TIPOA Board

Here is a flyer for an end of summer picnic that the Social Committee would like to have approved by the Board for the community. If approved please use the TIPOA email list to share with all.

I do not have an email address for Cliff.

Thank you for your consideration.

The Tolomato Social Committee

*****************************************************

Response from TIPOA Board

I explained to Ginny that our community website is for Association business only. I confirmed that the storage closet would be opened in order that residents may access and utilize the grill and tables for their party. However, we do not advertise private parties through the website. Regardless of who may be invited, this "group of owners" is an anonymous group of private individuals holding a party. We have had a number of members sponsor parties at, and reserve the pool for private parties. We do not advertise for them.

I suggested to Ginny that if she wanted to contact the Social Committee and have them submit this to the Board as a TIPOA sponsored social event, we would then be more than happy to advertise it.

****************************************************

Questions on How to Remedy the request--No reply

So, are you telling me all we have to do is remove "sponsored by" this would be fine?

Or what if we change "sponsored by" to "hosted by" like we did for last year's TGIF that was hosted by the pickleball group and promoted by the TIPOA?

For future reference, what is required for an impromptu idea submitted by a group of homeowners to the social committee and recommended by the social committee to be sanctioned by the TIPOA board and thus, have access to the TIPOA email?

The Combine Lots Amendment…Is It Necessary…or Just a Waste of Our Dues?

In May 2023, a new Tolomato owner engaged at his own expense, an attorney with over 30+ years of expertise in Georgia Homeowner, Property and Commercial Property Association law, to specifically review the Tolomato Declaration of Covenants and provide an expert opinion in regards to a Tolomato property owner's right to combine lots for the purpose of building a home across owned adjacent lot lines.

The attorney's legal opinion concluded that the Tolomato covenants, as written, affirms and does NOT deny a Tolomato property owner's right to combine their lots for the purposes of constructing a home across property lines.  The opinion was factually detailed and specifically outlined the legal process that the individual property owner should follow with McIntosh County and the Tolomato Architectural Review Board (ARB).

It further concluded and made clear that the combination of lots by an owner does NOT impact the inherit rights of the Tolomato Island Property Owners Association (TIPOA) relative to dues assessment or voting rights.  These inherit rights of the Association remain unchanged and governed by the Tolomato Declaration of Covenants.  It also made clear that only if the Association wanted the power to subdivide lots for the purposes of the Declaration, i.e. for dues assessment modifications and/or voting rights modifications, an "amendment" approved by 2/3rds vote would be required.

The Tolomato property owner graciously provided this written legal opinion, at no cost, to the TIPOA Board and its legal counsel (George Nowack) in May 2023, long before the Board's recent actions to solicit votes on a formal amendment that in all reality, is questionably necessary at best.  There was no response from the TIPOA Board, nor from its attorney George Nowack.

Based on the attorney's findings, it is the owner's opinion that the proposed amendment overreaches further to actually transfer power from the ARB to any current elected Board by removing the ABR's current power to be flexible with property line setbacks when considering optimal home placement on a lot.  In the current Tolomato covenants, the Board was never to have such unilateral power over the ARB.  This cloaked transfer of power would be accomplished by the proposed amendment (if adopted by 2/3rds vote) and will set in the "stone of the covenants" very specific property setback limitations which can never be adjusted by the ARB for individual lot circumstances and/or for the preservation of trees, marshland, or historic places.

Furthermore, the amendment takes away the power and inherit right of an individual property owner to recombine their lots and further requires the owner to actually seek the TIPOA Board's approval to recombine their lots.  In the original covenants, the Board was never to have such power over individual property owner's rights.

And finally, the amendment could potentially be weaponized in the future against property owners who have a structure on one lot and now desires to use or build on their adjoining empty lot.  The amendment could potentially be used to deny a property owner this ability.

Is the amendment legally really necessary?  In all likelihood, No.

Is the Board seeking overreaching power that the original covenants never intended to grant? Yes based upon the actual verbiage in the proposed amendment.

Are the Association funds, which are "our" funds, being wastefully and irresponsibly used by the Board in an effort to solve a Board manufactured problem which intentionally and covertly acquires additional Board power? Again, yes, it would certainly appear so.

A copy of the legal opinion from the highly qualified expert attorney in Georgia POA law is available below.

The elected TIPOA Boards of Tolomato have historically taken a custodial approach, as outlined by the by-laws, to managing the community. While this has been adequate in the past, it is becoming more important for TIPOA leadership to focus on the future. As Tolomato continues to grow, a Master Plan for the future development and associated capital improvements and reserve accounts for the community is becoming critical.

There are a number of compelling reasons to have a Master Plan:

1. Provide direction and focus on objectives and results; and
2. Anticipate issues and work to address them; and
3. Establish a basis for teamwork and the use of committees, thereby broadening support on issues facing all of us; and,
4. Provides guidelines for decision making.

Tolomato's Master Plan should be both physical and procedural. The physical plan might address, but not be limited to, the following issues:
1. Infrastructure such as water, sewer, power, health of community wells and perhaps wider roads in some places.
2. Amenities such as expansion and/or cleanup of the storage yard; expanding the club house to have a meeting/social room; expanding the pool and tennis/pickle ball courts; building a playground for kids and grandkids; and a maintenance plan for existing amenities (i.e., pool, amenity center, Savannah Square, Highland Square, community dock, historical ruins, mounds and other common areas).
3. A plan for the health and beauty of the community pond and its resident wildlife.

Procedural aspects of the master plan might include, but not be limited to:
1. Periodic audit of the communities' books.
2. Management company. Criteria and thresholds triggering the hiring of same.
3. Capital accounts and reserve study. The health of the communities' investments and mechanics for funding capital accounts for specific events.
4. Updating the Tolomato governing documents to be more community focused rather than developer focused.

Our community already has a master plan for landscaping and historical preservation. 

As a necessary and prudent business practice, the current Board and all future Boards should retain an independent CPA firm to conduct regular financial and operational audits. This could be done once every three years with an independent annual review by the CPA firm currently retained to prepare and file HOA annual tax returns.

The audit would:
1. Determine compliance with GA Law, the Georgia Properties Association Act (ACT), the Covenants and the Articles of Incorporation, and the By-laws;
2. Conduct a comprehensive financial audit with emphasis on dues revenues and collection integrity.
3. Research and develop the basis for capital funding of major projects and facility expansions and maintenance.
4. Evaluate and re-establish internal controls; and, identify opportunities to improve efficiency and effectiveness.

The end result would be a report that identifies corrective actions and makes recommendations that can be used to develop a policy and procedures manual.

The audit also needs to identify ways to improve the operational effectiveness and community outreach and communications within the TIPOA. Simply put, an operational audit could be used to develop a set of policies and procedures that would inspire confidence in our governance and promote cohesiveness in our community.