MY STATEMENT OF BYLAW VILATIONS BY JIM BEST:

The following eleven points were used by me to point out to the Nottingham Country residents why they should vote against Jim Best in his effort to remain on the NCCIA Board of Directors:

By-law Violations by Jim Best, President of the NCCIA:

[As anyone can see, Mr. Best was doing everything he could to take away duties from me as the Secretary and do anything else he could to circumvent my input and responsibility as a board member.]

1.  Created a park committee without board authorization.

By law Article VIII Section 1 "...the Board of Directors [not the President by himself] may appoint committees, as provided in the Declaration and these By-laws, as deemed appropriate for carrying out its purposes."

2.  At the first meeting after he was elected President, Mr. Best tried to create an Executive Committee consisting of the President, Vice-President and Treasurer so as to leave the Secretary (me) without information and voting privileges! Same By law as above applies.  Stopped when he realized that any decision by directors not made at a meeting had to have unanimous agreement by all directors.  By-law Article V, Section 4 "Any action which may be required or permitted to be taken at a meeting of the Board of Directors may be taken without a meeting if a consent in writing setting forth the action so taken is signed by all of the members of the Board of Directors."

3. and 4.  Failed to convene the Nominating Committee for the Annual Meeting two months prior to the meeting where he was supposed to appoint a nominating committee composed of three members, two of whom may not be on the Board of Directors.  Thus as prescribed by the By laws, the By law, which also says that "The nominating committee shall present at the annual meeting at least one nomination for each director position" cannot be carried out.

5.  Called the Annual Meeting for November 12, 2002 violating the By Laws.  The first, "the Secretary or person authorized to call the meeting" was not allowed to call the meeting.  Also, "a copy of such notice (of the Annual meeting)...by mailing a copy of such notice postage prepaid, at least ten days...before such meeting to each Member entitled to vote thereat..."  The announcement was in the Krenek newsletter, and it was not mailed to every Member of the Association as anyone living outside (non-resident homeowners) would not have been mailed a copy and would therefore not have received notice of the meeting or its change from its regular time (3rd Tuesday in November) and thus there is another by law violation.  After I pointed out his mistake, the date of the meeting was then changed from the 12th to the 19th so that the By-laws would be followed causing much confusion among the Members as to the date of the actual Annual Meeting.

6.  Votes with the Board majority to allow Principal Management Group to collect $140.00 for information which the By-laws specifically state that the Board must (Article VI, Section 2 d) "issue, or cause an appropriate officer to issue, upon demand by an person, a statement setting forth whether or not any assessment has been paid.  A reasonable charge may be made by the Board of Directors for issuance of these statements.  If such statement states that an assessment has been paid, such shall be conclusive evidence of such payment.  Thus allowing anyone besides an officer of the Board of Directors to issue this information is a By Law violation.

7.  Votes with the Board majority to allow the Principal Management Group (Associa) representative to take the minutes of the meetings.  By Law Article VII, Section 8, Secretary, a.  "The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board of Directors and of the members and submit all minutes at subsequent meetings for approval.

8.  Issued notice of the Annual Meeting through Principal Management Group.  By Law Article VII, Section 8, Secretary, b.  "The Secretary shall serve notice of meetings of the Board of Directors."

9.  Allows Principal Management Group to maintain the records of financial accounts of the Association.  Article VII, Section 8, Treasurer, b "The Treasurer shall be responsible for maintaining the records of financial accounts of the Association."

10.  All duties of the Treasurer have been given over to Principal Management Group.

11.  Mr. Best did not convene the committees listed under Article VIII, Section 1.

Other:  Mr. Best does not live in Nottingham Country.  He lives in Mason Creek Park, a 10 acre subdivision, that was allowed to become a part of the Association, but not the subdivision, in 1979.