February 6, 2024 Tolomato Owners Newsletter

Summary: In this Issue:

In this Issue:

Just Plain Fun!
Following up on Tabby Ruins Preservation Efforts.
Another Website Attraction – Tolomato Market Place.
Editorial - A Business Approach is Mandatory.
Copy Correspondence to All TIPOA Board Members.
Debt Forgiveness – What was the Rationale?
Why the Increase in Annual Assessment (Dues)?
What Happened to the Audit and Audit Committee?
Board's Attorney Advice Process.

December 23, 2023 Tolomato Owners Newsletter

Summary: In this Issue:

Santa's Visit
A Wonderful Addition to the Tolomato Owner's Website

December 4, 2023 Tolomato Owners Newsletter

Summary: In this Issue:

SIG Election Newsletter--Thank You

The Tolomato Island election of the Board of Directors is over. In unofficial results, Fresh Candidates will fill 3 of 7 positions – the Board was expanded to 7 members to resolve a 3-way tie. Based on 2-minute speeches at the Annual meeting, there is much work to do to find common ground, and heal the division created over the past years. We pray, that all Directors will find a way to work toward consensus on all matters before them...(continued in the newsletter)...

November 24, 2023 Tolomato Owners Newsletter

Summary: In this issue:

Let Fresh Know. 

November 6, 2023 Tolomato  Owners Newsletter

Summary: In this issue:

Clinging to the Covenants.
Vote For, Not Against!
Big Money SIG ($$$ SIG) – We like it!
Directed Proxies – Really Participate in this Election.
Franklin or was it Einstein?

October 30, 2023 Tolomato Owners Newsletter

Summary: Halloween Edition.  It highlights an evening of Hayrides and Trick or Treating and some stories from owners about their own Halloween fun. 

October 23, 2023 Tolomato Owners Newsletter

• Meet the Candidates Night
• The need for "directed" proxies.
• We discuss Fake News
• We Crack a few more Eggs.

• Preserving Our Valued Assets – a great story about generosity and volunteerism 

October 12, 2023 Tolomato Owners Newsletter Supplement

     Summary: Who and What is Tolomato Owners Special Interest Group (SIG)

October 12, 2023 Tolomato Owners Newsletter

     Summary: Announcement and endorsement of '24 Board Candidate: John Bagwell; 

October 8, 2023 Tolomato Owners Newsletter

     Summary: Announcement and endorsement of two '24 Board Candidates; Heather Rowe and Steve Anderson 

October 5, 2023 Tolomato Owners Newsletter

     Summary: Update and progress thus far on the new web site and changes you will begin to see in the next few days that will, among other things, allow you to directly discuss issues with the '24 TIPOA Board candidates. 

September 1, 2023 Tolomato Owners Newsletter

     Summary: Update and announcement on new website and email system for Tolomato owners.  Introduction to Blogs and Events on the website. Forum for upcoming (December 2023) TIPOA Board of Director elections.

 August 19, 2023 Tolomato Owners Newsletter

     Summary:  Update on Combining Lots Amendment; Update on Legal Opinion On Owner's Inherent Rights To Combine Lots; ARB Liability Non Discrimination; Follow up on Board Response to Owners Letter-June Board Meeting;

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.

 ELECT FRESH CANDIDATES ON SATURDAY

The current Board decided to move the Vote for New Board Members right ahead of the Financial Report thereby moving the Financial Reports and the approval of the 2024 Budget AFTER MEMBERS HAVE PLACED THEIR VOTES FOR THE 2024 BOARD.

You have to ask yourself WHY?

Well, now you have been asked to place your vote for the 2024 Board right before the Financial Report and Budget approval without any input on the 2023 Financial Report. This report represents the financial handling of YOUR PAID DUES by the 2023 Board which includes Susan Fardy (President and Julia Vaughn (Assistant Treasurer). These two individuals are running for the 2024 Board.

On October 31, 2023, the current Board stated, OFICIAL NOTICE OF DUES INCREASE FOR 2024.

Let it be known that at the Board Meeting held on May 16th, 2023, Julia Vaughn, acting assistant treasurer gave the Treasurer's report and the financial report was posted on the Tolomato website. The website showed the TIPOA balance sheet as of June 2023 showing current assets of $440,887.43 Total Checking/Savings. So why the proposed increase in our dues? So supposedly this is for "THE AUDIT" which in itself has not been voted upon by the membership but could be ruled by EXECUTIVE ORDER if certain members of the existing Board are re-elected.

Personally, my vote is dependent on how the previous Board has performed, primarily Ms. Fardy as President. It appears that she has control of all emails sent by the Board Tolomato org to TIPOA members and there is a total lack of open communication.

To reiterate what was written in the November Newsletter and posted on the Tolomato Owners Blog:

We Need Fresh! Here's Why. If your heart is telling you to vote for the status quo, the people that care, "the way it used to be", you don't have that option. The facts tell us, that way before our Newsletters and the Special Interest Group, Tolomato Island leaders were on the wrong path. Five years or more of "Stale Thinking" wasn't and isn't working. Stale thinking and vindictive control have divided the community. "Stale" candidates and those adopting Stale ideas, reinvented as Care candidates are about dictated rule and misdirection. The Chosen Few wishes to control every element of Tolomato life, including who gets to live here, and what their homes must look like. There is no meaningful discussion, no new ideas, no accountability as it is always somebody else's fault. "Fresh" thinking candidates are community driven, based on the will of ALL the people - Us, We the Owners. Fresh will be a Board of Directors that reflects the wishes of the Community, not their idea of how the Community should conform to their personal desires.

ELECT THE FRESH CANDIDATES (alphabetic order)

Steve Anderson

John Bagwell

George Bigham

Lynn Brenton

Heather Rowe

• This blog has been created for your suggestions or comments to Fresh Candidates - Please Read:  "The beauty of Tolomato Island extends beyond the live oaks, the moss, the pond, and its many styles of homes to the people.  The people of Tolomato are smart and caring and unusually successful.  Leaders would be wise not to dismiss their feelings or suggestions.  It is important that we too seek ALL the people's input.

• We have over the past few weeks, discussed the issues leading up to this election. They have been presented truthfully, and without a heavy hand.  Owners may agree or disagree with our findings.  It is your turn.  Our Fresh Candidates want to know.  
  
  What changes would you make, that would make Tolomato Island a better place to live?  We want your input."  

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.

I am so tired of hearing about the developers vision and desire to preserve green spaces and natural quiet.  Let's ignore the slick marketing for a moment and look at the developer's actions.  I happen to know the developer personally and his family well.  I used to hang out with his sister all the time.  The developer divided our peninsula into as many lots as he could--261 to be exact.  He wanted to sell as many lots as he could at as high a price as the market would bring. Many lots are 1/2 acre lots.  To that end, when he realized he could not get premium prices for the small lots that were serviced by a dirt road, he had the roads paved.  I know this to be true because the developer's sister told me the story.

What does 261 lots built on look like? See the picture below.  The picture below is Mission Lane.  With the exception of the house on the left, the houses were built in 2004 and 2006—that is, these houses were built while the developer was still in control.  This being the case, it is safe to assume that these houses represent the developers vision as to house size.  The house sizes from left to right are, 3,126 sq.ft, 4,478 sq.ft, empty lot, 4,781 sq.ft, 3,453 sq.ft., 3,940 sq.ft., 4,373 sq.ft.  These large houses are not the exception.  For example, the developer allowed the combination of 3 lots with a house of 6,052 sq.ft with a carriage house.  Furthermore, with the exception of the empty lot, I don't see any green spaces.  Instead the average space between houses is 30 feet.  Thirty feet is not even as wide as a typical 2 lane road.

Alternatively, if the lots were twice as big and the homes were built somewhere near the center of the combined lots, each of these houses would be separated by 190 feet (160 feet average combined lot width plus the current 30 foot corridor).  I think 190 feet provides much more green space than 30 feet...but maybe my math is wrong :) .  Oh and by the way, once a house is built across the original lot lines the lots cannot be split out again. Better yet, the dues and voting structure remains unchanged.  An adjoining lot owner, on the other hand, can always sell their adjoining lot and someone else can build on it which would eliminate the green space opportunity realized with combining lots.

This image is a far cry from what the "Candidates Who Care" are promoting.  In fact, one of the members of the ARB told me he thinks the appropriate number of houses is NOT 261 but 181.  This opinion begs the question as to how do you limit the number of houses?  Who decides which lot owner will be lucky enough to build their dream home?  The answer—the current ARB and the Board.

If you wish to post your Candidate Profile here, please read  https://www.tolomatoowners.org/index.php/i-need-help from the Help menu and follow those instruction to create a new blog.  If you need assistance, you may email This email address is being protected from spambots. You need JavaScript enabled to view it.

To Tolomato Property Owners,

I was asked to prepare an introduction for a letter to be presented at the June 19^th, 2023 Board meeting. The letter was addressed to the current Board with the intent to hopefully engage the Board in open discussion with many who live here; the following is an excerpt from that introduction.

Good evening,

I have been asked to present this open letter to the current Tolomato Community Board of Directors. The letter is a composite based on the input of many residents attending several meetings and are the endorsers whose names appear at the end of the document. They are agreeing that a fractured community need the help of ALL its residents. To this end we hope the Board will see the merit of the letter's intent.

Some of the subjects addressed in this letter are:

• Open communication to avoid ruling by executive fiat.
• Audits as a prudent business practice and to aid in future planning.
• Regarding committee functions and Board workload, the community needs operational policies and procedures for the various committees.
• Establish a Tolomato Master Plan i.e., dealing with infrastructure, roads, water, sewage, storm, etc. and well as amenities.

We ask that the minutes reflect this presentation ("the minutes did not"). After the Board's review of the letter's contents, we requested that the Board respond via email within two weeks letting the community know that we can all work together for a better community. ("we are still waiting for that response").

Thank you for your attention.

Dick Lang

Unfortunately, our request as well as the letter were totally ignored and that attitude of the existing Board is what has led to the following members stepping up to run for Board positions to represent ALL property owners and not just a selected few. Please take a moment to review their brief resumes all of which believe in open communication, transparency, planning for the future, financial responsibility and protection of our property values. The candidates are as follows and we hope you see the merit in voting for them.

In alphabetical order:

Steve Anderson

John Bagwell

George Bigham

Lynn Brenton

Heather Rowe

We hope you vote for the candidates we have endorsed; however, we of course respect your right to vote for whomever you please. Two trusted people have volunteered to accept proxies and will vote as you direct, or for the endorsed candidates (Anderson, Bagwell, Bigham, Brenton, Rowe) if you do not specify your 5 candidates of choice. Please appoint Doug or Ginny and send them your completed proxy.

Doug Burger, 1185 Old Cane Mill Drive SE., Darien, GA 31305

This email address is being protected from spambots. You need JavaScript enabled to view it.

Text: (575) 637-9588

Or

Ginny Luizer, 1123 Mission Drive, SE Darien, GA 31305

This email address is being protected from spambots. You need JavaScript enabled to view it.

Text: (912) 324-0147

Note: an easy way to send your proxy would be to take a clear picture of your completed proxy form and text the picture to one of the above volunteers.

Doug and Ginny will confirm they have received your proxy(s), ensure it is complete, copy it, and will deliver it to the Secretary. It would be helpful if you are mailing the proxy to let us know via email you are sending the proxy, so it will not be lost. If you are uncertain whether you will be attending the December 2^nd Annual Meeting, send Doug or Ginny your proxy anyway. If you attend the meeting your proxy will automatically be revoked.

Respectfully,

Richard "Dick" Lang 

Candidates Anderson, Brenton, Bigham, Bagwell and Rowe WANT to maintain the pond as a special amenity!!! Rumors are swirling that they will not maintain the pond.  THAT is NOT true.  Go on the website and ASK the candidates themselves instead of listening to the divisive, negative campaigns and rumors being spread by others!

1. I did not request a financial audit be performed. With a minimum fee of $15,000, financial audits are not cost effective for small organizations and are typically done in house.
2. I did submit a "proposal" for an "operational" audit.
3. The proposed investment in an operational audit was made for the purposes of producing a "policies and procedures manual" not simply because TIPOA has not been audited in 20 years.
4. I requested that the board review the proposal, attach the proposal to the minutes so that the membership could review and weigh in on the proposal, and include the proposal on the agenda for the next scheduled board meeting.
   
   

Reflection would be a function of a desire to best serve and represent the interests of the community.  If, however, decisions are driven more by personal agenda, then no reflection is necessary...I fear none will be forthcoming. The sad reality of the past Boards of 5 or 6 years is that owners or anyone with a simple difference of opinion are denigrated and cast as the "Divisive Enemy".  

With this Board, the covenants are selectively applied.  They are amplified when they support their agenda and ignored when they don't.  

The five candidates that I am supporting, Lynn Brenton, Heather Rowe, Steve Anderson, John Bagwell and George Bigham represent a breath of fresh air and their motivations are genuinely for the best interests of the community. 

Given Mr. Jeff Long's extensive history of vitriolic rhetoric, his current positions and insults hurled at Tolomato owners is stunning! 

Let's bridge the divide and bring on a Board with a fresh perspective and openness to owners input and ideas, transparent communications and a more truly inclusive process. 

To start a comment thread on this blog, first click on the blog Title.  Please enter any comments or start dialog regarding the November 6, 2023 Newsletter.  All comments are welcome, provided they are courteous and truthful.