Villagers File Suit

In what seems to be a growing number of Tellico Village residents who have become dissatisfied with the management of the Property Owners Association, at least two of them have taken action. Legal action.

Dannie A. Hutcherson and Richard T. Anklin filed suit in Loudon County Chancery Court on July 21st against the Tellico Village Property Owner's Association. The suit stems from the POA's alleged refusal to provide public records requested by the plaintiff's.

The suit is requesting the judge to force the POA, Winston Blazer manager, to release the requested documents as required by law. The information that was requested included board minutes, road project information, assessment defaults and other information.

More and more residents of the village have grown concerned with the management of the POA and the rising costs of homeownership in the village and have become involved in more closely watching the management. The attorney of record for the plaintiff's is former district attorney, Scott Mccluen.

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Tellico residents sue association
Hugh G. Willett  knoxnews.com

2 residents allege they were refused access to records

Tellico Village residents have filed a lawsuit in Loudon County Chancery Court challenging the refusal by the property owners' association to provide access to records related to the management of the community.

The suit, filed by residents Dannie A. Hutcherson and Richard T. Anklin, alleges the association and its board of directors refused to grant access to records as required by a nonprofit corporation. The suit asks that the court order the inspection and copying of the records.

According to the complaint, the association is required by state law to provide access to records of all meetings of its members of board of directors, actions taken without meetings and actions taken by committees of the board. The records are supposed to be available within five business days.

The suit alleges that "good faith" requests for records made between April 17 and June 10 were not honored, and that the board of directors attempted to skirt the records law in May by enacting new rules for access.

"The state law requiring access to public records provides the right of inspection may not be abolished or limited by a corporation's charter or bylaws," the suit alleges.

Joe Marlette, president of the association's board of directors said the new rules were enacted to prevent "chaos" resulting from a large number of requests from a small number of people.

"We are confident our procedures for document access meet all legal requirements," he said.

Scott McCluen, attorney for the plaintiffs, declined to comment.

The records involve employee use of association resources, funding requests, delinquent property assessments and the ownership of lots.

The issue of delinquent assessments arose in April when it was disclosed that the number of property owners late in their monthly property assessments had doubled since January. As of July 1, there were 756 individual properties representing $746,000, that were 90 days or more past due, the association reported. The association has said it has hired a collection agency, filed liens and initiated lawsuits to collect the money.

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7/23/09