[Nhhoa] Fw: Dear NHHOA Board.doc

Wed Jun 4 09:45:40 CDT 2008

Dear NHHOA Board:Hello North Hampton neighbors.
I specifically ask that no one respond to this email.  I have been wrongly accused and have been directly threatened with a lawsuit; hence, I want this on public record.  I have sat here for months and been dismantled for things such as failing to plan an Easter Egg Hunt.  Now, it seems I can't go to the pool on a Saturday afternoon without a melee. I am tired of spending my time on things such as this and, much to my husband's dismay,  will no longer remain silent and "take it on the chin".  

First of all, Mrs. Wilkey, get your facts straight before sending such an accusatory email.  I have nothing to hide so I have chosen to send this to the neighborhood.

Roger, myself, and our daughter were at the pool when your children, and their guests, initially entered the pool.  We DID NOT stare at their entrance to the pool; we are simply aware of how people enter the pool since there's an active problem with people from other areas enjoying our amenities.  Why is there a problem with staying aware of how people are entering the pool?

We were not engaged WITH ANYONE outside of our party so how can you possibly say we were talking about your family to others around us?  We happen to enjoy each other's company and have engaging minds.  We don't need to fill our conversation with your family because we have other things to talk about such as  national and local news, politics, literature, the economy, college grades, investing, dating, and many other matters.    

When your teenagers came to the 5' end of the pool (which is where we were seated) one young man jumped in. I won't use the term "Dive" but will share one formal definition which, I believe, adequately describes their actions.  DIVE: a dash, plunge, or lunge, as if throwing oneself at or into something.  But I digress.  Only then did  Roger politely ask them to stop jumping in and to adhere to the posted rules.  The rest of their party (4 persons) ignored the suggestion and jumped in succession.  The rules are clearly posted on the signs and the No Diving rules are also painted on the concrete around the pool.  At that point, Roger left the pool area to attend an NHHOA meeting. Note to self:  Beautiful Saturday afternoon outdoors or another NHHOA Board meeting. Thank goodness the Board keeps their priorities and responsibilities in check for the betterment of all of us.  

I don't go to the pool to monitor your children or any one else's.  The fact is, the rules are there for a reason and we should all inherently know this and respect them.  Secondly, if you'd been at the annual meeting, our covenants are improperly stuctured.  If someone in your party, on May 31st, would have been injured, EVERYONE in this neighborhood could be at risk for a law suit.  Now, I ask you, why wouldn't I step up and ask that the rules be respected and abided by?

Our 19 year old college student, who has little time for parents, asked to spend a few hours with us at the pool.  We seldom get that time together so I was looking forward to it.  Instead of a few enjoyable hours together, I was dealing with an embarrasing fiasco in front of her.

If your children were abiding by the rules, my daughter and I wouldn't have been "accidentally" splashed, period.  They were teenagers jumping into a pool with bodily force.  I don't know you from Adam but had noticed you at the shallow end of the pool absorbed in a book.  I had no idea you were with them because at that point you were on the other end of the pool and weren't interacting with them.  There was also the possibility that they were there unattended since they weren't five year old children. 

When they completely ignored my asking them not to jump into the pool, I repeatedly said "Excuse me" to them.  Mind you, we are sitting at the corner of the 5' area so they heard me,smarted off to me, then ignored me.  I then, and only then, got up and stood before them and said, once more "Excuse me, I'm talking to you and asked that you not jump into the pool".  It was only then that you rushed over, got in my face, and strongly made me aware that you were the parent in charge.  You DID NOT have to get my attention several times; don't dilute the truth. You immediately got my attention as you stormed into my face and threateningly told me "To deal with you if I had a problem".  I calmly told you that your party was disobeying the obvious and posted rules and had gotten us wet in the meantime.  You then told your party of teenagers not to jump in again.  If you'd told them that the first time, NONE OF THIS WOULD HAVE EVER HAPPENED.  Do you get my point??? Only at that point were you motivated to move to the cement picnic table in the 5' pool area with your husband and another neighbor.  

I had hoped it was over but was very disappointed at what was yet to come.  You, your husband and another neighbor proceeded to start throwing verbal barbs my way such as "If she doesn't want to get wet, leave the pool".   It was one of many and let me tell you, I have a right to sit at the pool as much as anyone else and I shouldn't have to get soaked BECAUSE I WAS IN A LOUNGE CHAIR WITH A BOOK!  My daughter and I were uncomfortable and embarrased and she suggested we leave. You, nor anyone else is going to chase me off.  If this wasn't over for you, why didn't you ask to speak to me instead of insulting me and whispering about me?  How old are we?  And, read the covenants again, I have the right to peaceful enjoyment as much as anyone else because our dues are paid and current. We don't break the rules while in the common areas so I have nothing to worry about.  

I don't want to spend my spare time reeling people in; I expect people to show some common sense, respect, courtesy, abide by the rules.

If you have a problem with me, direct it at me.  I see several ways you can choose to handle this.  You can build your legal team against me or we can address this through an open forum at the next Board meeting.   We need to generate solutions to these problems and I don't feel that legal threats meet that goal.  However, I will copy my attorney on this email should you decide to waste both parties time and money.  What will be achieved by lining our attorney's pockets when your child was clearly disobeying the posted NHHOA pool rules????  

I am not a Board member either;  I acted as a person owning property in this neighborhood and sharing a joint interest in the common areas.  I have NEVER used my Chair position to bully others, nor gain personal benefit; whether it be monetary or otherwise.  Nor has anyone else on this Board.  I also take personal insult that you infer I throw my weight around. However,  I do find great humour in thinking an events post linked to a HOA is such a lofty thing; maybe I should add it to my resume and future eulogy!  I have volunteered my time and energy to try to enhance the neighborhood.  I am not rigid nor snobby and the fact that you infer that is hysterical to me.  I will also tell you that the Board isn't trying to the threaten anyone; they are doing their jobs by trying to ensure that we all have a safe and enjoyable neighborhood to live in. 

If you think you can do a better job, I suggest you try to become a Board member at the next election.  But then again, your husband volunteered for the ACC Chair during the elections in 2007 and, without notice, quickly rescinded. He had the ACC materials so the Board members tried to contact him to get them back and better understand what happened.  He then threatened to sue the Board if they made any email contact with his family.  His decision left an important post unexpectedly vacant so the Board and other Chairs have had to absorb his designated responsibilities.  Roger and I have quickly learned that HOA positions aren't for the weak of heart and your skin has to have the thickness and texture of leather.  It takes alot of dedication, with little gratitude, to VOLUNTEER for these posts.  

How do you suggest the pool rules be enforced or should we ignore them and the behavior of others at the pool?  

I also suggest that you review the covenants and bylaws again because the Board does, as it should, have the right to enforce the NHHOA common area rules.  This Board hasn't pushed the enforcement of those rules.  That may have to do with the fact that they're swamped with trying to budget and pay unpaid back taxes, opening sealed mail that has old postmark dates, negotiating better electricity bills, updating locks and drinking systems at the clubhouse, and replacing a saltwater system that seems to have been mysteriously tampered with.    

Your email and threat will not dissuade me from doing what I can, as a homeowner, to make sure the posted rules are being enforced. I also hope that your actions don't demotivate others to do the right thing in the future.  My money isn't going far these days and I'm sure yours isn't either.  Everytime we sit at the pool and turn our heads, we run the inherent risk of someone sueing North Hampton after being injured.  And let me remind you again that, because of how the current covenants are written, 130 homeowners will we sued directly should the suit exceed the HOA insurance policy.  But most imporantly, we are neighbors so shouldn't we have some common decency and respect for each other?  One way to do that is to adhere to the rules that are posted for all of us.  That way, we can all safely enjoy the pool.  So, where should we set our priorities?
This email is written as a homeowner and not as a Chair position.  I ask, once more, that no one respond to this email and I apologize for the novel.  I despise using our email system for things such as this but there were people at the pool that day.  I want this situation on public record should legal action be taken and my attorney will be blind copied on this communication in preparation for that possibility.
Respectfully submitted,    
Kimberly J. Hackler
Resident of North Hampton

White, Georgia

----- Original Message ----- 

From: Sheila Wilkey 

To: President at NHHOA.org ; VicePresident at NHHOA.org ; Treasurer at NHHOA.org ; Secretary at NHHOA.org ; COC at NHHOA.org ; Amenities at NHHOA.org 

Sent: Tuesday, June 03, 2008 2:06 PM

Subject: Dear NHHOA Board.doc

Dear NHHOA Board:

      This email is in reference to an incident that occurred at the pool on May 31, 2008. My two daughters were going to go swimming with four of their friends who were visiting them. The pool was rather full as were the deck chairs, so they gathered in one corner of the pool in the deep in. I sat in a chair inside of the pool area and read a book until my husband Robert proceeded to come to the pool and then we moved to the bench next to the club house in order to keep an eye on the children. From the moment these kids walked in, I could tell Kimberly Hackler and her husband Roger were acting as if the children were doing something wrong by just being there. Mr. & Mrs. Hackler were being vocal with other people about where these children lived. When the children first entered the pool one of the boys accidentally splashed. At that point Mr. Hackler proceeded to tell them to watch there splashing, mine you we are at a pool. Then Mr. & Mrs. Hackler continued to stare at the children and make comments about the children to other people around the pool. After awhile 2 of the children proceeded to jump in the pool, not dive, and at that point Mrs. Hackler proceeded to go over and start questioning the children. She proceeded to tell them "When I say excuse me, I expect you to turn and acknowledge me" She went on to say "What he did was a form of diving and it is against the rules". At that point I went over to Mrs. Hackler and attempted to ask her if there was a problem and she ignored me until about the third time of me asking her what the problem was.  I advised her that those children were with me and if there was a problem she was to talk to me not the children. She advised me that the children were splashing her. I advised them to stop.  Those children were not hurting anyone and it makes me very upset that an adult would take it upon there self to harass these children and not speak with the adult in charge. I feel that Mrs. Hackler thought these children were there alone, which is not true, and toke that opportunity to harass these children. Mrs. Hackler had not right to talk to these children the way she did or harass these children in the manner she did. I will not tolerate anyone harassing my children. My children and I have never bothered anyone in this neighborhood and the one time we want to go and enjoy the pool we are subjected to scrutiny and harassment. Let it be known to all in this neighborhood that if at anytime someone harasses my children there will be legal ramifications.

     I proceeded to come home that day and read our covenants and bylaws and there is not one thing in those publications that states someone has the right what so ever to approach or question anyone, especially children.  A minor cannot be questioned by anyone without a parent or guardian present, and my children have been advised not to answer any questions unless I am present. I feel that this incident brought embarrassment to my children and their guest.

    Somewhere along the line this board has decided they are police, judge and jury, and trust me they are not. There is no right granted in the covenants, so therefore they are doing nothing more than outright harassing people. It is a huge disappointment to me to know that I reside in a neighborhood where the board members react to every situation in an aggressive, hateful and rude manner.

     So in conclusion I am telling every one of you that if my children or their guest are ever questioned again by anyone or if anyone of you tries to discipline or detain them there will be legal repercussions. I will not tolerate harassment of any kind by any of you. I do not care if you are on "The Board" or not.  It is not your place to harass, annoy, detain, discipline, harm or bother anyone.  In the future I will talk to neighbors as well as realtors who are my friends and warn them of our aggressive homeowner's board where you cannot live in peace for they are forever interfering and being nothing more than glorified busy bodies.                                                                                          

Sheila Wilkey

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