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Is there a Nominating Committee

Bob Aaron is leading the Nominating Committee.  Bob has worked on the Nominating Committee in the past and        is familiar with the requirements.

Questin 1

Are there any requirments to be a Board Director?

The By-Laws have the requirements in Section 8.1.  For individuals you have to own property in Rarity Bay, be 18  years of age and have paid your 2023 assessments.   There are different requirements if you represent a company.       See the By-Laws for those requirements.  There can be only one representative from a company on the Board.

Questin 2

Is there an Election Oversite Committee?

Yes!  Mike Cleverdon is the lead of the Election Oversite Committee with Gary Cole assisting Mike.  Both Mike and Gary have worked on previous Rarity Bay EOC's.  Gary and Mike will be seeking others to join the EOC.  To be a member of the EOC, you must have signed the Demand Request letter to have standing and you must be a member in good standing (paid your 2023 assessments).

In addition to seeking others to join the EOC, Gary and Mike are looking for individuals to work as election observers.  These individuals will monitor the election and the vote counting.   They do not have to have signed the Demand Request letter as they cannot touch any ballots, just observe.

Questin 3

Why is the Association and not the RBCAI running the election?

We believe Judge Bryant's order allowed for the RBCAI to hold a special election to replace the two open positions that were on the Board at the time of the hearing (February 1).  The RBCAI Board refused to hold a special election due to some wording in the Order.  The Judge did issue a 'stay order', but that order was for a Annual election not a Special election.  When the question was asked of the Judge:  if there is a Special Election does LLC (the Declarant) have the right to vote the lots in phase 17 (the ghost lots).  The Judge answered:  NO, the LLC cannot vote those lots. 

 

For the complete story click here. 

Questin 4

What if the Judge rules on August 7th that ???

It really depends upon what the Judge rules and we will follow her order.  We believe that the Judge will rule that she allowed for a special election in her ruling and that since the RBCAI did not give written notice of a special meeting for the purpose of a Special election as required under the Demand Request, that she will allow us to proceed.

Questin 5

Last year I voted electronically.  Why are we using paper ballots this year?

In previous elections, Election Buddy was used to vote electronically.  We could have purchased our own license to use Election Buddy, but per legal counsel, electronic voting is currently not allowed in Tennessee.  Counsel's recommendation is to use paper ballots.  Tennessee Law 48-57-205 subsection a specifically states that voting is 'in person or proxy'.  No mail-in ballots will be accepted.

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Questin 6

The letter was addressed incorrectly (wrong name or address)...why?

The mailing address (name and address) primarily came from the tax records of Monroe and Loudon Counties.  You can check your mailing address at the Tennessee Accessors website.  If anything is incorrect, we suggest you contact your county register of deeds to get it corrected.  Here is the link to the Tennessee Accessors website.

Questin 7

Why did RBHOO allow its website to be used?

First, RBHOO's Board voted 9-0 to allow the website to be used to get information out to the community.   

 

Second, RBHOO does not agree with the Boards decision that the current members will remain in place until 2024 and possibly later.  We believe that the residents of the community should have the right to decide who their representatives on the Board will be.

It's that simple!

Questin 8
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