STONEWALL CRUMBLES: POHOA Board Says Hutchinson Hired Without Written Contract

As speculated in my most recent article about why the POHOA Board was avoiding answering simple questions for more than a year about the hiring of Jennifer Hutchinson, the POHOA Board officially responded to the Document Request confirming that no written contract with her actually exists!

So, if there is no written contract for an annual $6000 expenditure (over 10% of the POHOA Revenue), how did she luck into such a lucrative financial arrangement?

For those who have avoided attending HOA Meetings, they might go digging into the Meeting Minutes for the POHOA Board, or search the records of Actions Without A Meeting (AWAMs). I’ll save you the time – there has never been a single mention at any open Board Meeting, nor is there any record of a Board vote or action outside of a meeting. NONE.

It would then be logical to ask how this could possibly happen. And, you’d have to be an astute observer to recall that Director and Treasurer Clay Jones was making a presentation at the 12/14/22 Annual Homeowner’s Meeting (which is not a Board Meeting where the Board takes any action, although in the past few years, President Ballweber has seized absolute control of these meetings without mandate or authority as they are HOMEOWNER’S meetings). He was going over the Budget that only he himself voted on at the 11/8/22 Board Meeting, which was held at NOON on ELECTION DAY of that year ON HIS FRONT PORCH. Yes, he voted 1-0 (because I had been removed a few weeks before) to approve the budget that he came up with – and none of us was allowed to see.

Fortunately, there’s a recording of this meeting, which was awkward and bizarre to say the least.

But, it wasn’t until the Annual Homeowner’s Meeting that any of us were allowed to see or know about what budget he actually passed on 11/8. Clay gave a lengthy presentation, and while talking about Administrative Expenses, homeowners noticed that we had a sudden increase in the “accounting” expense proposed for 2023 – like a $6000 increase. Go to 0:07:00 for this section of the recording.

Director/Treasurer Jones explains that because he’s “not a CPA”, he unilaterally made an “administrative” decision to “hire” Ms. Hutchison. Several people asked follow-up questions, including whether there were bids.

That’s when we learn from Gloria Jones that perhaps a year or more prior, some bids were gathered and the low bid was $4000.

But, any recent bids? No. They just decided to award her a “contract” for $6000 annually without shopping it around, or actually writing any contract whatsoever!

If you will notice, even the more direct questions asked about his are simply dodged – and Director/Treasurer Clay Jones simply moves on with his presentation. It is also noteworthy that while this budget was clearly questionable, NO VOTE WAS ALLOWED – they ended the meeting rapidly to avoid the budget being vetoed by homeowners, which is a right they have!

I followed up with an email 2 days later after consulting experts – and the Board never responded.

While the Board did not respond to that email, the following day, 12/18/22, Jennifer Hutchinson led an effort to remove me as a Director with a Petition dated the next day.

When I attempted to talk to her about this issue after the 1/10/23 Board Meeting outside in the parking lot, she burst into screaming “Liar” and that this blog is “LIES!”

I followed up with an email to explain that I had recommended her to be a PAID Treasurer, but that we needed to do it right per Mr. David Stiver (a certified financial advisor, and CCIOA expert of 30 years) and his advice. Ms. Hutchinson then wrote back threatening me if I even attempted to communicate with her via “smoke signals”, which was perhaps some effort to be humorous. I didn’t find it funny at all.

It kind of all makes sense now. I recognized the impropriety of the financial arrangement the moment Director Clay Jones ANNOUNCED IT (not held an open meeting and explained the pros and cons, and allowed homeowners to weigh in). He just did it. And, you would think Ms. Hutchinson, who has promoted herself as a CCIOA expert (particularly as Chair of the Litigation Committee), would also recognize that to accept Association funds, there MUST be documentation – and boundaries.

But, what we did, collectively, is allowed this to happen for more than a year – without ONE single homeowner speaking up about it.

Now that this is in the open, it is yet to be seen if anyone is willing to take action. I will remain hopeful for the moment, but am concerned that many homeowners fear the retaliation I have experienced.

One thing now makes sense – the reason for certain members of this community defaming me and refusing to allow me on the Board is because I have been demanding that the books be opened to other Directors. It is time for us to have an independent audit, and to have questions answered without any more games being played by this Board. This is a very serious matter.