NEW RESIDENT POSTING RECEIVED July 21, 2009

I'd thought this web site was simply a place holder but I guess someone is visiting. I recently received an email from the Developer of Lakeside Manor asking me to remove my post expressing my and many neighbors opinion concerning Lakeside Manor.

Lakeside Manor Is Not Part of Carolina Lakes - No agreement has been reached between the "New" POA and the Carolina Lakes community. This development is under strong legal review as to it's ability to use existing amenities, etc.  Document of Interest

Although the CLPOA Board recently gave in and said Lakeside Manor is part of Carolina Lakes - my "opinion" is it is not part of the "community". Why?

1) Because they have separate RandR's written unilaterally and knowing there were already RandR's in place from the original development (same as Phase 7).

2) The have in their RandR's a separate Lakeside Manor POA separate from the CLPOA. (Later changed to be somehow related, but again instead of simply joining the existing POA the developer wanted to remain separate.)

3) Their annual amenities payments are not the same as the CLPOA (must be different, right).

4) When told of the "major" problems in Carolina Lakes - not enough beach for the residents, the developer offered to "sell" a lot or 2 to the POA, when everyone who knows "our community" knows at least 4 are needed. And if Lakeside Manor was "part of the community" why wouldn't this much needed amenity be provided to "the community" as part of being in the community.

So bottom line, from the original post, it appears a 3 member committee (not even the entire board) agrees "Lakeside Manor" (not sure why it has a separate name and web site) is part of the community, many "in the community" disagree. I've still seen no information on the legal issues surrounding the use of amenities which the POA paid a lawyer to evaluate many, many, months ago.

Picture of Lakeside Manor side of Lake Carolina. (Camo nets - are you kidding me?)

Another Resident/Owners Opinion Emailed 4-JUN-2009

The developer has been talking positive for a couple of years now but hasn't worked with us on anything. The lawyers have been working on this for a couple of years now without results. It seems like the policy of the board is appeasement with the builder. The developer is not going to do anything or give anything that will take money out of his pocket. I say put up the signs and show potential buyers of Lakeside Manor that there is a problem. Doing this will cause a hesitation in the buyer and could mean that they do not purchase in the manor. Hitting the developer in the wallet is the only thing that he will understand.

Another Resident/Owners Opinion Emailed 7-JUN-2009

I agree with you all. I think there are some serious issues. I haven't done any research myself, but am not surprised to hear our board just rolled over. Or maybe even have something personally to gain in this deal. That seems to be the norm. Putting up signs is a great idea b/c I'm sure the developer won't make the disclosure and these new buyers should know the truth. I think for starters the new lots should have a new buyers fee to pay the past 20 years or so of unimproved lot fees. That's what $2k-$4k per lot to make up for all the years they haven't been paying for. If they want to share our amenities, they should have to pay just like our lots have been paying for all these years.

Another Resident/Owners Opinion Emailed 26-JUN-2009

The developers have done quite well moving right along to completion of Lakeside Manor. Yes they have handled all the problems without help from the board that represent the property owners. Of course we should be neighborly and allow the developers' buyers to pay less than the other Phases. ' think the POA has stated no money is needed. How can time be wasted working on new CC&Rs for the rest of the current owners, but the board is willing to accept a different set of CC and Rs from the developer. Smells like another golf course deal. You mention the good What about the bad: traffic, accidents, death, drugs at beech area and ever increasing other problems. eld

Another Resident/Owners Opinion Emailed 14-JUL-2009

I have read the opinions of some individuals who have posted and clearly there is some strong emotions pertaining to whether Lakeside Manor is part of the existing HOA or not. I do not pretend to be an attorney but it would seem to me that if there were a strong legal reason why Lakeside Manor should not be considered part of the existing HOA that this would have been prevented. I have driven through the project and must say that it has a nice feel to it. The quality of the homes is evident. The price points will help existing homes to maintain their value. I would also suggest that the price points of the homes will help bring in the type of neighbors we should want living here. I think there are many positives to this project which are being overlooked by strong feelings. There are many residential development projects which have recently started and failed. These projects create erosion issues and negatively impact the values of surrounding homes and lots. I think the success of this project is vital for all of us whether you want to admit aloud or not. jack

You've missed the point - the point is the developer is not considering the overall well being of the community. If the developer was "a part of the community" he would want what is best for the community. One point which explains this is his refusal to build another beach/marina area. This section is the last area in which a beach/marina could be built and instead of donating 5 lots and volunteering to improve the community by building a beach/marina area he offered to "sell" to the CLPOA 2 lots. Woefully inadequate and if you are a part of the community why would you sell part of the community to yourself - Why? Because they do not consider themselves part of the POA except for the use of the amenities, and they are "only" in it for the profit, not for the community. Why is this example even necessary - because the current beach and marina is not adequate for the existing population, now adding hundreds of new homes will make it worse without offering to help resolve the problem. Again - if not here and now it can never happen because this is the last open lakefront property large enough to do it. There are many other examples, but this is the most obvious. The best thing for the community at this point is for the development to end before the over crowding continues. Lastly, read their documentation - they have created their own POA so it is clearly, by their own pen, not part of Carolina Lakes POA. JB

Another Resident/Owners Opinion Emailed 17-JUL-2009

I also would like to respond to Jack. He doesn't want us to use our emotions, yet his description of Lakeside Manor is that it has a "nice feel" to it. Boy that's helpful. I fully disagree about the price of homes. Has he not looked at the current state of the economy. The builders in this area think every Col and General coming to Bragg b/c of BRAC are going to buy a home here. Has Jack not looked at the number of houses for sale in Carolina Lakes right now? How about the $570k house right by the marina that has been for sale for around a year now. There are plenty of others for sale too. Having more expensive homes is not going to help the value of the existing homes. More houses for sale, even if they are $300k+, will do the OPPOSITE, it's going to drive down our values, it's the basics of supply and demand. You don't need to be an economist or lawyer to understand that. Do you know t! hat banks have changed the rules and now appraisals are based on the last 6 months of comparable sales, not the last 2 years? Values are still dropping, more places for sale is only going to hurt values. And the golf course mess proves that our board doesn't care what is legal until an action has been filed in court, so I wouldn't be so quick to say this is legal. As usual the board makes MAJOR changes to the community without the community input (or just rigs the vote) based on their personal desires.
What keeps the values of our homes up is the LIMITED number of houses in this community that have access to the beach, pool, etc.
Finally, I guess for Jack, people with more money and can afford a bigger mortgage are better people, the kind we want in this community. That's nice Jack, I'm glad we are judging the quality of our neighbors by the amount of house they can afford. I sure hope you are representing us (insert sarcasm here.)  Cody

Another Resident/Owners Opinion Emailed 20-JUL-2009

Why are the Lakeside Manner Lots being treated better than all of the existing lots in Carolina Lakes? According to the Amended Articles, the developer only has to pay $1 for his assessment per lot, improved and unimproved. And the “featured builders” only have to pay 60% of the regular fee? I think this info needs to be put in the next newsletter so the entire community is aware of these differences. Or is there some reason the board wants to bury this information? I think this is unfair, shows favoritism is going on once again, and that the board is not making full disclosures to the community, only the points that they think are in their favor. You keep telling the community we need more money and you want people to vote for an increase in assessments or special assessments, or a new buyer fee. But you aren’t even collecting money fairly across the community since you have decided to let in block T without paying their fair share. Cody

Another Resident/Owners Opinion Emailed 20-JUL-2009

The CC&R's for Area T are 36 pages: according to what the Carolina Lakes POA handed to me. Other Phases I to Phase 6 consist of five to six pages. The CC&R, for area T, requires about 30 to 45 minutes to read if you are a fast reader. Good idea to read before signing on the bottom line. Elmer Buddy Davis

Another Resident/Owners Opinion Emailed 21-JUL-2009

The big question. Is the property land locked?  No it is not. Every deed I checked (See sale by Cagel) the buyer was granted the use of the roads. Use of common areas is of course a different set of problems, and requires fiduciary leadership by the POA and current board, and especially the Area T Committee  Elmer Buddy Davis

Another Resident/Owners Opinion Emailed 22-JUL-2009

So I got a response to my question about the $1 per lot for the developer. I sent it to the Board President who I would guess forwarded it to Bob Thomas. I thought my question about the difference in yearly assessments was fair, and this is the response I got back from Bob Thomas:

"Mr. Fowler: You need to get your facts straight before sending out ignorant e mails. If you are so concerned about your POA Board, then run to become a director. Constructive input is always appreciated. Bob Thomas"

So I guess asking about the details in the amended articles posted on the Talis website is not a legitimate question. I have no right to know the details and neither does the community as whole - yet he tells me to get the facts straight. Where am I supposed to get the facts if the board won't answer my questions concerning a document posted on their website? I didn't make up those details as Thomas seems to imply. I got it from their website.
Before I was not happy about Block T and thought it would hurt our community, now I'm outraged by the rude treatment and even more concerned that there is more to this under the table.
I know one of the leading property lawyers up in Chapel Hill. After I do some more digging I may see if she would be willing to have lunch in a month or two.
Thanks to Bob Thomas and his rude behavior, this has just taken a whole new interest for me. And I think I'll also look into the rules to see what it takes to get a petition together to remove one of our directors. Cody

Another Resident/Owners Opinion Emailed 24-JUL-2009

A petition is not the right way because of requirement to verify the petition to include signature verification. A delay. What is being said here is that the POA members are not receiving correct or sufficient information By withholding information this gives the board and POA "authority by knowledge". The property assessment for Lakeside according to Page 8 of their 36 Page CC&R's is $1,000 per lot the first year until Dec. 31. It reads per lot. Not developed lot. Also, an attorney is not the right path because the POA members pay the legal cost of the board and the management. After a suggestion to the current board chairman that a meeting be held consisting of the following: BRAC Officials, DOT, Developer of Area T, our elected representatives, and our board Area T expert. to discuss where we stand on our future problems. The result was the chairman hung up the phone on me, after he stated h! e would turn it over to a committee to study. It is a self service for the board to inform. My concern is the turn lanes and stop light, security and safety. Elmer Buddy Davis

Be careful what you ask for. Signals do not equate to "safety". Note how many accidents there are at signals like BLR and 87 and others. Signals make people complacent and they tend to "go when it's green", not when it's truly safe. Also signals will probably clog traffic departing Carolina Lakes. Now you can leave when there are no cars on BLR, with a signal you'll be sitting there, waiting to leave because the signals will be set to favor the State Highway, not a minor subdivision entrance. And the only turn lanes which have anything to do with BlockT are those required by DOT to prevent traffic entering and leaving from hindering the flow on BLR, thus again slowing our exit. JB

Another Resident/Owners Opinion Emailed 28-JUL-2009

I'm with you all. I've been dissatisfied with the POA since I moved here, and this issue highlights the problems. Can we group up and start informing the rest of the residents about the issue, and what they can do to help? Maybe eventually we (the actual residents) could even gain control of the POA budget, instead of an all or nothing vote presented as a "with us or against us" issue.

Nice idea - but NC State Law requires the budget, rules, etc. be governed by a Board of Directors. It's the law and the way non-profit corporations are run. We need to elect intelligent board members who want to run this place as a Board, listen to the people, not a community club supporting their own self interests. JB

Another Resident/Owners Opinion Emailed 29-JUL-2009

I meant "take control" as in "take control through election."

Sorry, then I agree 100% JB

Another Resident/Owners Opinion Emailed 31-JUL-2009

My reference to the yearly assessments are not coming from the CC&Rs for lakeside manor. Those are specific to that area and frankly not of concern to me. What I'm interested in is the agreement that the POA made with the Developer, which is referenced in a document Amendment to Amendments. It's dated 23 Jun 09, posted on the Talis website in the block T section, signed by the Developer, our POA president, and a bunch of other people, including notaries, which indicates to me this document has been deemed final. It specifically addresses the fees that will be paid to CLPOA. That is where my concern is. My view is that if the developer wants to take advantage of the amenities here in Carolina Lakes to help him sell those properties, he and the builders should be paying the SAME amount as any other lot in this neighborhood. They should not be getting a break. According to this document they are! getting a break, he is paying $1 per lot. Look at Art II, paragraph E. Blackmon is the Declarant, see the intro paragraph. Additionally, the builders only pay 60% of the unimproved lot fee. Finally, in paragraph G it says those fees can't be increased without specific written approval from the Declarant. I asked for an explanation of how I was reading this wrong or if these documents were not enforceable.
This is what I was trying to get answers about when the board told me I needed to get my facts straight before sending out ignorant emails. I did receive another reply after telling them I was trying to get answers, but still no answer to my question. I was told the residents would pay the same amount. Great, that's not what I asked - I asked why the Developer/Declarant/Blackmon and his builders are getting a special rate instead of paying the current yearly rates the rest of us pay. Sorry if that's not in nice, flowery terms, a little too critical for the board's tender ears, but I call it like I see it.
I also disagree that talking to an attorney would not help. From what I understand, it sure helped with the proposed golf course buy. Any lawyer the CLPOA hires represents CLPOA as a whole, he does not represent individual board members. We're all paying his fee, the board can't keep the legal analysis from us that he may have done. Additionally, if the board has went outside the scope of their authority and approved this addition but a vote of the neighborhood was required, there is certainly a case. One we might get the documents declared void and the board will be personally liable for all actions outside the scope of their authority. I don't know if this is the case, I need to find the time to pull down all of the CLPOA documents and sift through them until I can find some answers. I have just set up a gmail account, the address is change4CLPOA. Please contact me if anyone would like to set up a meeting and start looking at options. Set up the account and worded! it this way to try to avoid massive amounts of spam from web crawlers. Not trying to take anything away from the this website, if it wasn't for them I wouldn't even know about this whole Block T mess to begin with.  Cody

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