Members Present: Mark Casey, Louis Clark, Hugh Kennedy, Mike Truelove, Karen Watson, Penny Witherington
Managing Agent Present: Tracy McKee
Meeting called to order at 4:39 pm by Louis.
Discussion on June 7, 2025, Annual Board Meeting Election Results:
- 4 th BOD position ended in a tie vote. This had never occurred in the past and there are no determining rules in the JTA or By-Laws on how this should be handled.
- Sitting board discussed several ideas and decided that because one of the candidates was an incumbent and was not defeated that candidate would remain on the board.
- Some homeowner’s upset about how tie was broken, other homeowners supported the board’s decision
- Chair, Louis Clark, consulted attorney for input. Our Attorney provided 2 General Statues: GS 55A-8-05 and GS 47F-3-108 and discussed both at length.
- Attorney advised:
- o GS 55A-8-05 supports the decision for the incumbent to remain in office since the seat was not filled in the election due to the tie vote.
- Re-vote the seat by applying Roberts Rules of Order per G.S. 47F-3-108 of the NC Planned Community Act.
- The boards tie breaking decision did not violate any rules, however after discussion the current board members feel it best to allow homeowners to vote breaking the tie as Article II, Section 2 of the By-Laws indicate the BOD will be elected by the homeowners.
Motion for revote made by Mark
Second to motion by Hugh
Unanimous approval
Candidate Determination
Managing Agent was tasked with reaching out to candidates that tied for the 4th position:
- Explain how original tie was decided
- Explain board feels a revote is in best interest of community
- Inquire if they still with to be considered
- Deadline for decision is June 12 at 5 pm Managing Agent will notify BOD of each candidate’s decision If both candidates wish to continue to be considered the revote process below will be followed. If only one candidate wishes to be considered that candidate will assume the 4th position. If neither candidate wishes to be considered the BOD will reconvene to determine next steps for filling the position.
Revote Process
- Managing Agent will email and text ballots and instructions to all homeowners June 11 (after candidates have confirmed their decision to be considered). Discussion was made on snail mail and due to the high cost and slow turnaround the consensus of the board was not this route.
- Managing Agent will post on Facebook regarding the revote and ask if anyone has not received a ballot via email or text to let her know. • Homeowners have until June 18th at 5 pm to return their ballots to the Managing Agent via email, text, office, or office drop box.
- Managing Agent will retain a copy of all ballots regardless of how they were returned.
Meeting adjourned at 5:43 pm