The Board Blows it Again, Board Mtg. Petition, Tuesday ZOOM Reminder by Kevin Wine, Aug 22, 2022, 10:51 AM, reply, branch, edit
After I showed the Board how to get rid of the Hill for just $11/ton, guess what your Board and Management went and did?
They are good at one thing - destroying everything. Apparently Trustee Mary Thomas, and Manager Stacey Cole, both called the MCUA on August 16th, and said something that has resulted in the soil acceptance letter being revoked! Good job ladies.
Why would they do this, you ask? The best case answer is that in their paranoid/delusional/alternate reality world, they were probably concerned that I would somehow start hauling the Hill to the dump, and the Association would get the bill. The worst case answer is that they all have some ulterior motive for sticking with their current plan to rob us for $1,090,000.
Following the meeting with the Township of Piscataway on August 8th, some of the owners trying to help the Board remediate the Hill for much less than $1,090,000 tried to get the Board to call a special meeting of the Board in order to present what they had determined thus far. After it was realized that President Zhou was not willing to call a special meeting, two Board members were approached. It turns out that as per Section 5.08 of our By-Laws, any two Trustees can request a special Board meeting:
5.08 Special Meetings. Special meetings of the Board of Trustees may be called by the President of the Association on three days [PREDFDA recently over-rode this to 7 days] written notice to each Trustee, given in the same manner as provided in Section 7 of this Article. Special meetings of the Board shall be called by the President or the Secretary in like manner upon the written request of any two Trustees.
From what I heard, there were two members willing to request a special board meeting, however Management is somehow of the belief that four trustees are required to request the meeting, when the By-Laws (repeated verbatim above) clearly say just two are required. So once again, the Board just can't get anything right, and once again, some people are still hell bent on the original plan. If President Zhou is dominating the decisions, the rest of the Board can easily call a special Board meeting without him, and do whatever they want as long as four Trustees show up. They still have to formally notice him, but it doesn't matter if he shows up or not. It's that easy, but they either have no spine or don't want to do it. In either case, they all got to go.
Following the second mailing last Sunday, petitions started coming back with 14 received thus far. This brings the total count to 240. We have just 38 to go! The petition is still available for download here:
If necessary, you can download, print, complete, scan, and email back to us (email@example.com) if you didn't receive a printed copy in the mail. Page 6 was updated to reflect recent developments, including the $11/ton soil disposal cost (until it was cancelled), and the permits that Councilman Steven Cahn still claims I didn't have. The letter clearly says there were no permits ever - that's how everyone here I've talked to has interpreted the letter. Mr. Cahn had to know that is false, but said it anyway, planning to hide behind the ambiguity in his wording. It is amazing the Town has been pulled into this fight in order to justify taking money from us.
Special Board Meeting Petition
As a show of force, another resident created an on-line petition to try and convince the board to hold a special Board meeting as soon as possible, to present the Board with a professional assessment of the Hill remediation project. You can "sign" the petition here:
The petition is hosted by change.org, so at one point in the signing process it will ask you for a donation. That's not us asking - that's the change.org hosting service asking, as I'm sure it costs them something to run their website. There are also opportunities to share the petition with your contacts. To limit Board objection to the petition, it is probably best to just share with other Society Hill owners for now. There is no legally binding mechanism with which to force the Board to call a special meeting of itself, however if a significant percentage of owners ask for this meeting and the Board ignores them, it's another data point on the chart of the Board's true allegiances.
Tuesday ZOOM Meeting
We are still doing the Tuesday 7PM weekly ZOOM meeting. The same link from last week still works:
The Board's attorney filed her response to my second amended complaint on Thursday August 18th, one day before the deadline. Once again, she is trying to get my complaint dismissed entirely with nonsense and irrelevant arguments. She is fixated on NJ Court Rule 4:32-3, which specifies certain requirements for "derivative claims" such as the ones I have filed. New Jersey allows you to sue on behalf of an entire group of "similarly situated" shareholders, such as all of us here with this $2,000 special assessment ripoff. It's very clear to me that Rule 4:32-3 does not apply in this case, but the Board's attorney still tries to come up with something to keep those legal fees coming to her and delay the case as much as possible. I am not asking the Board to do something they haven't done, I'm asking the board to not do something they have already done.
If somehow it becomes necessary to fix the complaint, I might need to amend it again to add 5% of the unit owners as plaintiffs (another 27 owners) to satisfy another alleged deficiency. I assume it will not be difficult to find 27 more owners to add to the complaint.
I am still waiting for a hearing date on my motion for preliminary injunctive relief. This is the motion, which if granted, would stop the Hill remediation project dead in its tracks.
We have about 5 owners who have specifically expressed interest in a separate legal filing to try and stop the Board's $2,000 special assessment operation.