[ { "id": "D001", "group": "Documents and redline", "section": "Callout", "section_base": "Callout", "section_label": "Opening summary", "claim": "The Board's letter says the redline was provided \"to highlight the proposed changes.\"", "status": "VERIFIED", "sources": [ "letter-2026-10-15" ], "source_doc": "Board letter to owners releasing the proposal (October 15, 2026; reposted October 18)", "source_location": "p. 1", "source_quote": "which has been \" redlined\" to highlight the proposed changes", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026 against the saved letter. The letter prints a stray space before redlined and a curly closing quote mark; the report quotes the words exactly and nests redlined in single quotes, the usual way to quote inside a quotation.", "is_new": false, "links": [], "href": "" }, { "id": "D002", "group": "Documents and redline", "section": "Callout", "section_base": "Callout", "section_label": "Opening summary", "claim": "I found 34 substantive changes that carry no redline markup at all.", "status": "CORRECTED", "sources": [ "review-wp1" ], "source_doc": "This review: redline re-derivation (every change, marked and unmarked)", "source_location": "Sections 5 and 6", "source_quote": "", "secondary": false, "computed": false, "correction": "I found 49 substantive changes that carry no redline markup at all.", "notes": "33 of the 34 confirmed; 16 more found in this run (WP1 Section 6). The 34th, the tree rule (WP1 U14), was withdrawn on October 19, 2026: a recorded 2021 amendment (Book 515 Page 602) had already made it (report v3.1, edits R-01 and R-02).", "is_new": false, "links": [], "href": "" }, { "id": "D003", "group": "Documents and redline", "section": "Callout", "section_base": "Callout", "section_label": "Opening summary", "claim": "Read without the recorded 2013 text beside it, each one looks like language owners already live under.", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "unmarked (black) text", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "Accurate description of unmarked text.", "is_new": false, "links": [ { "label": "Proposed Declaration (whole document)", "href": "docs/proposed-declaration-2026-board-redline.pdf" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "id": "D004", "group": "Documents and redline", "section": "Callout", "section_base": "Callout", "section_label": "Opening summary", "claim": "Fifteen of them work against owners.", "status": "SOFTEN", "sources": [ "review-wp1" ], "source_doc": "This review: redline re-derivation (every change, marked and unmarked)", "source_location": "impact labels", "source_quote": "", "secondary": false, "computed": false, "correction": "By my reading, fourteen of them work against owners.", "notes": "Impact labels are opinion (v2.7 Section 12 says so); label it here too. Count after the new items, the red team's relabel of U11 to Unclear, and the withdrawal of U14 on October 19, 2026 (report v3.1, edit R-03).", "is_new": false, "links": [], "href": "" }, { "id": "D005", "group": "Documents and redline", "section": "Callout", "section_base": "Callout", "section_label": "Opening summary", "claim": "Paired with the revised Bylaws, which are not on the ballot, the Board could borrow against our amenities and suspend owners' votes without a member vote.", "status": "SOFTEN", "sources": [ "bylaws-2026", "bylaws-inforce" ], "source_doc": "Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "revised Art. 2 Sec. 2(m), Art. 4 Sec. 5, Art. 7 Sec. 1(b); in force Art. Six Sec. 1(b)", "source_quote": "in force: \"Suspend any Member's voting rights and right to use of the Recreational Amenities during any period in which such Member is not in good standing.\"", "secondary": false, "computed": false, "correction": "Paired with the revised Bylaws, which are not on the ballot, the Board could borrow up to $1,000,000 against our amenities without a member vote, and could suspend the vote of an owner it finds in violation of any Board policy. (The Bylaws in force already let the Board suspend the vote of an owner who is behind on dues or fees.)", "notes": "Borrowing: correct; the Bylaws in force have no borrowing clause. Vote suspension: exists today for owners not in good standing; the revision adds any violation of the Declaration, Bylaws, or policies.", "is_new": false, "links": [ { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "id": "D006", "group": "Documents and redline", "section": "Callout", "section_base": "Callout", "section_label": "Opening summary", "claim": "The proposal deletes that promise without showing it.", "status": "VERIFIED", "sources": [ "redline-2026", "decl-2013" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "draft p27; 2013 Art. Five Sec. 6(d), Pg 769", "source_quote": "\"(d) Refund of Recreational Assessment by Future Owners. The Association shall keep a record of all special assessments which have been paid by each Owner.\"", "secondary": false, "computed": false, "correction": "", "notes": "Section 6(c) to (e) is absent from the draft, not struck. Page image checked.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 27", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=27" }, { "label": "2013 Declaration, Book 410 Page 769", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=23" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=27" }, { "id": "D007", "group": "Documents and redline", "section": "Callout", "section_base": "Callout", "section_label": "Opening summary", "claim": "since September 25, 2026, seeing one document that is not online costs at least $200, paid in advance, with a stated purpose", "status": "VERIFIED", "sources": [ "gen11-records" ], "source_doc": "GEN 1.1, Document Request Policy (September 25, 2026 version)", "source_location": "Sec. II.A and Sec. I", "source_quote": "\"There is a minimum charge of $200.00 for the first hour for staff to retrieve any document that is not available on the community website.\" / \"must pay in advance\" / \"the specific purpose of requesting that document\"", "secondary": false, "computed": false, "correction": "", "notes": "The September 25 version read \"minimum charge of $200.00 for the staff to retrieve\"; \"for the first hour\" was added in the September 29 edit. Either way the minimum is $200.", "is_new": false, "links": [ { "label": "GEN 1.1 (September 25 version), page 1", "href": "docs/gen-1-1-document-request-policy-2026-09-25.pdf#page=1" } ], "href": "docs/gen-1-1-document-request-policy-2026-09-25.pdf#page=1" }, { "id": "D008", "group": "Documents and redline", "section": "Callout", "section_base": "Callout", "section_label": "Opening summary", "claim": "Nothing in the proposed Declaration or Bylaws caps that fee", "status": "VERIFIED", "sources": [ "redline-2026", "bylaws-2026", "bylaws-inforce" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "full text", "source_quote": "Bylaws Art. 10: copies \"for a processing fee as stated in the Albemarle Plantation Schedule of Assessments & Fees\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration (whole document)", "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "id": "F001", "group": "Financial records", "section": "Callout", "section_base": "Callout", "section_label": "Opening summary", "claim": "the Association's own 2025 audit carries $1,858,960 owed back to owners for the 2012 amenity assessment, payable when each owner sells.", "status": "VERIFIED", "sources": [ "audit-2025" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Note 12, PDF p. 21 (printed p. 19); Consolidated Balance Sheets, PDF p. 6 (printed p. 4)", "source_quote": "\"The total outstanding liability associated with this decision at December 31, 2025 was $1,858,960.\" / \"The Association will repay the $2,760 or $2,200 special assessment at the time a property owner sells their property.\" / Balance sheet: \"Current portion of special assessment refund liability\" 132,400; \"Special assessment refund liability, net of current portion\" 1,726,560", "secondary": false, "computed": false, "correction": "", "notes": "Born-digital PDF; quote taken from the text layer and confirmed on the rendered page image (work/renders/financial). 132,400 + 1,726,560 = 1,858,960. Recorded as a liability on the face of the balance sheet (none at December 31, 2024), not only disclosed. Note 12 ties it to the 2012 purchase: \"in 2012 the Association purchased the Development property and equipment from the original developer.\"", "is_new": false, "links": [], "href": "" }, { "id": "L001", "group": "Law", "section": "Callout", "section_base": "Callout", "section_label": "Opening summary", "claim": "the proposal opts out of the state-law records right that protects owners today", "status": "SOFTEN", "sources": [ "nc-47F-1-102", "nc-47F-3-118", "redline-2026" ], "source_doc": "N.C.G.S. 47F-1-102 (Applicability); N.C.G.S. 47F-3-118 (Association records); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "47F-1-102(c); 47F-3-118(a); draft Article One, PDF p. 8 (inserted, marked)", "source_quote": "47F-1-102(c): \"unless the articles of incorporation or the declaration expressly provides to the contrary\"; 47F-3-118(a): records \"shall be made reasonably available for examination by any lot owner ... as required in the bylaws and Chapter 55A of the General Statutes\"", "secondary": false, "computed": false, "correction": "and the proposal opts out of N.C.G.S. 47F-3-118, the records section that state law applies to communities like ours unless the declaration expressly says otherwise.", "notes": "The opt-out is real (Article One). \"Protects owners today\" assumes 47F-3-118 applies now; the 2013 Article Eleven, Section 11 clause makes that a question for counsel (see WP3 Section 6). 47F-3-118(a) also routes inspection through Chapter 55A.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 8", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=8" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=8" }, { "id": "L002", "group": "Law", "section": "Callout", "section_base": "Callout", "section_label": "Opening summary", "claim": "passage needs 67% of all lots", "status": "VERIFIED", "sources": [ "nc-47F-2-117", "letter-2026-10-15" ], "source_doc": "N.C.G.S. 47F-2-117 (Amendment of declaration); Board letter to owners releasing the proposal (October 15, 2026; reposted October 18)", "source_location": "47F-2-117(a); letter p. 1", "source_quote": "Approval will require the affirmative vote of a minimum of 67% of all properties/lots.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026: the letter's 67% of all properties/lots matches the statute's measure of votes allocated to all lots.", "is_new": false, "links": [], "href": "" }, { "id": "L003", "group": "Law", "section": "Callout", "section_base": "Callout", "section_label": "Opening summary", "claim": "Not voting counts the same as voting no.", "status": "VERIFIED", "sources": [ "nc-47F-2-117" ], "source_doc": "N.C.G.S. 47F-2-117 (Amendment of declaration)", "source_location": "47F-2-117(a)", "source_quote": "\"lots to which at least sixty-seven percent (67%) of the votes in the association are allocated\"", "secondary": false, "computed": false, "correction": "", "notes": "Follows arithmetically if the threshold is 67% of votes allocated to all lots. If the Board instead counts only Members eligible to vote, a non-vote by an eligible member still has the effect of a no.", "is_new": false, "links": [], "href": "" }, { "id": "M001", "group": "Minutes, posts and correspondence", "section": "Callout", "section_base": "Callout", "section_label": "Opening summary", "claim": "about 42 months since the Board's minutes first record a need for updates", "status": "VERIFIED", "sources": [ "minutes-appoa-20230427" ], "source_doc": "APPOA Board minutes, April 27, 2023", "source_location": "PDF p.1 (printed p.1), Executive Session list", "source_quote": "Discussion regarding need for Master Declaration updates", "secondary": false, "computed": false, "correction": "", "notes": "Start: Apr 27, 2023. End: vote opens Oct 23, 2026 = 41 months 26 days; vote closes Nov 6, 2026 = 42 months 10 days; release Oct 15, 2026 = 41 months 18 days. 'About 42 months' holds. Earlier-record search: APPOA minutes Feb 2012 to Jan 2021 and Jan 2023 to Mar 2026; APPI minutes Jan 2021 to Mar 2026. APPOA Board minutes Feb 2021 to Dec 2022 are not on disk. The Mar 23, 2023 minutes record only a resident's email about the Declaration (exec session), not a need for updates. Text-layer PDF; Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M002", "group": "Minutes, posts and correspondence", "section": "Callout", "section_base": "Callout", "section_label": "Opening summary", "claim": "including more than 29 months of committee, Board and legal review", "status": "SOFTEN", "sources": [ "minutes-appoa-20240425", "minutes-appoa-20240530" ], "source_doc": "APPOA Board minutes, April 25, 2024; APPOA Board minutes, May 30, 2024", "source_location": "20240425 PDF p.2 (Executive Session); 20240530 PDF p.5 (printed 5 of 6)", "source_quote": "Master Declaration and By-Laws update. Notice to be sent out shortly soliciting committee members for this review. | has agreed to Chair the Committee | Of the 14 candidates", "secondary": false, "computed": false, "correction": "The time: about 42 months since the Board's minutes first record a need for updates, including about 29 months of committee, Board and legal review (April 2024 to October 2026). Owners get 22 days.", "notes": "Start options: Apr 25, 2024 Board decision to solicit members to Oct 15, 2026 release = 29 months 20 days; May 1, 2024 post (not on disk) = 29 months 14 days; May 30, 2024 chair and members recorded = 28 months 15 days; Jun 27, 2024 ('Has met twice') = 27 months 18 days. 'More than 29' holds only if the April or May 1, 2024 call for members is the start of review. Volunteer names omitted from the quote (not Board members). Double space after 'update.' closed up. 20240425 text layer, 20240530 scanned; both page images checked.", "is_new": false, "links": [], "href": "" }, { "id": "M003", "group": "Minutes, posts and correspondence", "section": "Callout", "section_base": "Callout", "section_label": "Opening summary", "claim": "Owners get 22 days.", "status": "VERIFIED", "sources": [ "letter-2026-10-15" ], "source_doc": "Board letter to owners releasing the proposal (October 15, 2026; reposted October 18)", "source_location": "p. 1; arithmetic checked", "source_quote": "Voting will begin on Friday, October 23rd and end at 4 pm on Friday, November 6th.", "secondary": false, "computed": false, "correction": "", "notes": "Arithmetic: Oct 15 to Nov 6, 2026 = 22 days. Checked October 19, 2026 against the saved letter, which gives the voting window; October 15 is the date of the portal post that carried it.", "is_new": false, "links": [], "href": "" }, { "id": "M004", "group": "Minutes, posts and correspondence", "section": "Callout", "section_base": "Callout", "section_label": "Opening summary", "claim": "In 2025 the Board's minutes planned a four-to-six-week owner comment period before any vote.", "status": "VERIFIED", "sources": [ "minutes-appoa-20250227" ], "source_doc": "APPOA Board minutes, February 27, 2025", "source_location": "PDF p.4 (no printed number), item 9.D", "source_quote": "After that, and per previous planning, the edits will be sent out to the community for a comment segment expected to last four to six weeks, after which a vote will be scheduled", "secondary": false, "computed": false, "correction": "", "notes": "'Planned' matches the record ('per previous planning', 'expected'). This is a plan recorded in minutes, not a promise (tasking pitfall 6). Scanned page (no text layer); OCR text from work/zip_extract; Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M005", "group": "Minutes, posts and correspondence", "section": "Callout", "section_base": "Callout", "section_label": "Opening summary", "claim": "It has not happened.", "status": "VERIFIED", "sources": [ "letter-2026-10-15" ], "source_doc": "Board letter to owners releasing the proposal (October 15, 2026; reposted October 18)", "source_location": "p. 1", "source_quote": "The deadline to submit questions is Wednesday, October 21st by 5:00 pm.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026: the letter sets a question deadline, two informational meetings and the voting window; it schedules no comment period.", "is_new": false, "links": [], "href": "" }, { "id": "M006", "group": "Minutes, posts and correspondence", "section": "Callout", "section_base": "Callout", "section_label": "Opening summary", "claim": "The Board's letter says the redline was provided \"to highlight the proposed changes.\"", "status": "VERIFIED", "sources": [ "letter-2026-10-15" ], "source_doc": "Board letter to owners releasing the proposal (October 15, 2026; reposted October 18)", "source_location": "p. 1", "source_quote": "which has been \" redlined\" to highlight the proposed changes", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026 against the saved letter. The letter prints a stray space before redlined and a curly closing quote mark; the report quotes the words exactly and nests redlined in single quotes, the usual way to quote inside a quotation.", "is_new": false, "links": [], "href": "" }, { "id": "M007", "group": "Minutes, posts and correspondence", "section": "Callout", "section_base": "Callout", "section_label": "Opening summary", "claim": "Paired with the revised Bylaws, which are not on the ballot", "status": "VERIFIED", "sources": [ "letter-2026-10-15" ], "source_doc": "Board letter to owners releasing the proposal (October 15, 2026; reposted October 18)", "source_location": "p. 1", "source_quote": "These documents do not require Member approval but are provided for informational purposes and transparency to the Membership.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026 against the saved letter.", "is_new": false, "links": [], "href": "" }, { "id": "D009", "group": "Documents and redline", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "The Board may borrow up to $1,000,000 and pledge \"any or all\" Association property, including the golf course and marina, without a member vote.", "status": "VERIFIED", "sources": [ "bylaws-2026", "bylaws-inforce" ], "source_doc": "Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "p2, Art. 2 Sec. 2(m)", "source_quote": "\"hypothecate any or all of its real or personal property as security for money borrowed or debts in the aggregate of no more than $1,000,000.00 without approval of the Members\"", "secondary": false, "computed": false, "correction": "", "notes": "Context for fairness: the Bylaws in force (Bk 410 Pg 798) contain no borrowing clause; in the Bylaws redline only the cap language is underlined. State law may give a nonprofit board borrowing power regardless (WP3).", "is_new": false, "links": [ { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "id": "D010", "group": "Documents and redline", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "Above that, a majority of whoever attends a Board meeting can approve more, with no ceiling.", "status": "SOFTEN", "sources": [ "bylaws-2026", "bylaws-inforce" ], "source_doc": "Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "p2, Art. 2 Sec. 2(m)", "source_quote": "\"shall be approved by a majority of the Members present in person or by proxy at the meeting of the Board of Directors at which the matter is considered\"", "secondary": false, "computed": false, "correction": "Above that, a majority of the members who attend the Board meeting where it comes up (in person or by proxy) can approve more, with no ceiling.", "notes": "Only Members and their proxies vote, not anyone who attends.", "is_new": false, "links": [ { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "id": "D011", "group": "Documents and redline", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "\"Dues\" are added to the promise you make to pay and to the lien sentence.", "status": "VERIFIED", "sources": [ "redline-2026", "decl-2013" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "draft p23; 2013 Pg 765", "source_quote": "2013: \"(1) Annual Assessments and (2) Special Assessments\"; draft: \"annual assessment, dues and special assessments\"", "secondary": false, "computed": false, "correction": "", "notes": "Fairness: the Bylaws in force (Art. Eight) already say dues and fees are \"secured by a continuing lien on the Plantation property of the Member\". The 2026 Fee Schedule makes APPI social dues ($267.68 a month) \"mandatory for all Improved Lots regardless of vacancy\".", "is_new": false, "links": [ { "label": "Proposed Declaration, page 23", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=23" }, { "label": "2013 Declaration, Book 410 Page 765", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=19" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=23" }, { "id": "D012", "group": "Documents and redline", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "An unpaid bill becomes a lien after 30 days instead of 90.", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p28, Art. Six Sec. 9", "source_quote": "\"remaining unpaid for a period of thirty (30) days or longer shall be considered overdue and a lien on that property for such unpaid assessment shall be filed\"", "secondary": false, "computed": false, "correction": "", "notes": "Marked change.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 28", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" }, { "id": "D013", "group": "Documents and redline", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "APPI's spending is written into Common Expenses.", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p10", "source_quote": "\"all expenses and expenditures made by APPOA and APPI in carrying out its duties\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 10", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=10" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=10" }, { "id": "D014", "group": "Documents and redline", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "The word \"reasonable\" comes out of the Board's assessment and reserve powers.", "status": "VERIFIED", "sources": [ "redline-2026", "decl-2013" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "draft pp23 to 26; 2013 Pg 765 to 767", "source_quote": "2013: \"in its reasonable discretion\"; \"a reasonable reserve fund\"; \"a reasonable determination\"; \"in the reasonable discretion of the Board\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, pages 23 to 26", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=23" }, { "label": "2013 Declaration, Book 410 Pages 765 to 767", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=19" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=23" }, { "id": "D015", "group": "Documents and redline", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "Lot owners lose the 80% rate on amenity purchase assessments.", "status": "VERIFIED", "sources": [ "decl-2013" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Art. Five Sec. 6(c), Pg 769", "source_quote": "\"Category 1 Owners will be assessed eighty percent (80%) of the amount of the special assessment to a Category 2 Owner in connection with the acquisition of the Amenities.\"", "secondary": false, "computed": false, "correction": "", "notes": "Deleted without markup. The 80% annual-assessment rate for unimproved lots remains.", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 769", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=23" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=23" }, { "id": "D016", "group": "Documents and redline", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "Buying future amenities takes a majority of those present, not of all eligible members.", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p27, Art. Six Sec. 6", "source_quote": "\"a majority vote of the Members eligible to vote present in person or by proxy at a duly called meeting of APPOA\"", "secondary": false, "computed": false, "correction": "", "notes": "\"present in person or by proxy\" is marked.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 27", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=27" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=27" }, { "id": "D017", "group": "Documents and redline", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "Leases under six months are banned.", "status": "SOFTEN", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p17, Art. Four Sec. 13", "source_quote": "\"may rent their property for a period of no less than six (6) months ... provided, however, an APPOA Member may lease to another APPOA Member for their own occupancy for less than six (6) months\"", "secondary": false, "computed": false, "correction": "Leases under six months are banned, except to another APPOA member.", "notes": "Minutes (Oct 23 and Dec 18, 2025) show counsel recommended a short-term rental change (minutes helper, M-rows).", "is_new": false, "links": [ { "label": "Proposed Declaration, page 17", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=17" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=17" }, { "id": "D018", "group": "Documents and redline", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "A new Board policy charges at least $200 to pull one document not on the website, paid in advance, with a stated purpose.", "status": "VERIFIED", "sources": [ "gen11-records" ], "source_doc": "GEN 1.1, Document Request Policy (September 25, 2026 version)", "source_location": "Sec. II.A", "source_quote": "\"minimum charge of $200.00\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "GEN 1.1 (September 25 version), page 1", "href": "docs/gen-1-1-document-request-policy-2026-09-25.pdf#page=1" } ], "href": "docs/gen-1-1-document-request-policy-2026-09-25.pdf#page=1" }, { "id": "D019", "group": "Documents and redline", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "Who may vote moves into bylaws the Board changes without you, and those bylaws already let the Board suspend your vote.", "status": "SOFTEN", "sources": [ "redline-2026", "bylaws-2026", "bylaws-inforce" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "draft p23; revised Art. 4 Sec. 5; in force Art. Six Sec. 1(b)", "source_quote": "in force: \"Suspend any Member's voting rights ... during any period in which such Member is not in good standing.\"", "secondary": false, "computed": false, "correction": "Who may vote moves into bylaws the Board can change without you. The Bylaws in force already let the Board suspend the vote of an owner who is behind on dues or fees; the revised Bylaws add any violation of the Declaration, the Bylaws, or a Board policy.", "notes": "The revision also protects owners on an approved payment plan.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 23", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=23" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=23" }, { "id": "D020", "group": "Documents and redline", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "A \"good standing\" test ties membership status to dues, liens and amenity suspensions.", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p11", "source_quote": "\"A Member in good standing is one who is current in all dues and fees, has no liens issued by the APPOA against him or her, and is not suspended from the Amenities for violation of a procedure or policy.\"", "secondary": false, "computed": false, "correction": "", "notes": "Copied from the Bylaws in force, Art. Two.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 11", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=11" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=11" }, { "id": "D021", "group": "Documents and redline", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "Political and Board-election flyers in mailboxes and newspaper boxes are banned; \"grass roots efforts to organize\" are singled out.", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "pp43 to 44", "source_quote": "\"or in the mail box slot, or newspaper box\"; \"For clarity, this would not include any type of activism or grass roots efforts to organize.\"", "secondary": false, "computed": false, "correction": "", "notes": "Fairness: the 2013 text (Pg 783) already banned distributing \"handbills or advertisements of any kind\" in mail slots; the new item adds political and campaign material.", "is_new": false, "links": [ { "label": "Proposed Declaration, pages 43 to 44", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=43" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=43" }, { "id": "D022", "group": "Documents and redline", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "The Board keeps its power to amend the Declaration without a member vote.", "status": "VERIFIED", "sources": [ "redline-2026", "decl-2013" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "draft p45 Art. Thirteen Sec. 5; 2013 Pg 785", "source_quote": "\"APPOA reserves the right to modify or amend this Master Declaration at any time without prior notice and without the consent of any person or entity\"", "secondary": false, "computed": false, "correction": "", "notes": "Add (marked change v2.7 omits): the recorded right of owners to amend by majority after December 31, 2022 (Art. Eleven Sec. 4, Pg 784 to 785) is struck.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 45", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=45" }, { "label": "2013 Declaration, Book 410 Page 785", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=39" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=45" }, { "id": "D023", "group": "Documents and redline", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "Use of your lot: name signs, trees within 25 feet, which dogs you can own.", "status": "CORRECTED", "sources": [ "review-wp1" ], "source_doc": "This review: redline re-derivation (every change, marked and unmarked)", "source_location": "U13, U15 (U14 withdrawn)", "source_quote": "", "secondary": false, "computed": false, "correction": "Use of your lot: name signs and which dogs you can own.", "notes": "The tree rule (WP1 U14) is not a change: a recorded 2021 amendment (Book 515 Page 602) already set the distance at twenty-five feet. Found October 19, 2026 (report v3.1, edit R-06).", "is_new": false, "links": [], "href": "" }, { "id": "D024", "group": "Documents and redline", "section": "1 (records table)", "section_base": "1", "section_label": "Section 1 (records table)", "claim": "At least $200.25: a $200 staff-time minimum, plus $0.25 a copy, paid in advance (Board policy GEN 1.1, effective September 25, 2026)", "status": "VERIFIED", "sources": [ "gen11-records" ], "source_doc": "GEN 1.1, Document Request Policy (September 25, 2026 version)", "source_location": "Sec. II.A", "source_quote": "\"Copies will be charged at a cost of $0.25 per copy.\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "GEN 1.1 (September 25 version), page 1", "href": "docs/gen-1-1-document-request-policy-2026-09-25.pdf#page=1" } ], "href": "docs/gen-1-1-document-request-policy-2026-09-25.pdf#page=1" }, { "id": "D025", "group": "Documents and redline", "section": "1 (records table)", "section_base": "1", "section_label": "Section 1 (records table)", "claim": "Neither the proposed Declaration nor the revised Bylaws sets a dollar limit.", "status": "VERIFIED", "sources": [ "redline-2026", "bylaws-2026", "bylaws-inforce" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "full text", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration (whole document)", "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "id": "D026", "group": "Documents and redline", "section": "1 (records table)", "section_base": "1", "section_label": "Section 1 (records table)", "claim": "The Bylaws point to a \"Schedule of Assessments & Fees\" that has never been published.", "status": "SOFTEN", "sources": [ "bylaws-2026", "bylaws-inforce", "portal-search-2026-10-18" ], "source_doc": "Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798); Engage portal search record, October 18, 2026 (secondary record)", "source_location": "Bylaws Art. 10; portal record Item B", "source_quote": "Bylaws: \"for a processing fee as stated in the Albemarle Plantation Schedule of Assessments & Fees\"; portal record: \"No document by that name or a close variant anywhere searched.\"", "secondary": false, "computed": false, "correction": "The Bylaws point to a \"Schedule of Assessments & Fees\" that could not be found on the Association's portal (search of October 18, 2026).", "notes": "\"never been published\" cannot be proved from a portal search.", "is_new": false, "links": [ { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "id": "D027", "group": "Documents and redline", "section": "1 (records table)", "section_base": "1", "section_label": "Section 1 (records table)", "claim": "The 2026 Fee Schedule says fees \"may change at any time without notice.\"", "status": "VERIFIED", "sources": [ "fees-2026" ], "source_doc": "2026 Fee Schedule (revised April 15, 2026)", "source_location": "footer", "source_quote": "\"The information contained herein is for informational purposes only and may change at any time without notice.\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "2026 Fee Schedule (whole document)", "href": "docs/fee-schedule-2026-revised-2026-04-15.pdf" } ], "href": "docs/fee-schedule-2026-revised-2026-04-15.pdf" }, { "id": "D028", "group": "Documents and redline", "section": "1 (records table)", "section_base": "1", "section_label": "Section 1 (records table)", "claim": "The proposed Article One says the Planned Community Act \"shall not apply to APPOA except as expressly incorporated.\"", "status": "CORRECTED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p8, Art. One", "source_quote": "\"The North Carolina Planned Community Act, N.C.G.S 47F-1-101 et seq., shall not apply to APPOA except as expressly incorporated herein by reference, either in whole or in part, to this Master Declaration.\"", "secondary": false, "computed": false, "correction": "The proposed Article One says the Planned Community Act \"shall not apply to APPOA except as expressly incorporated herein by reference\".", "notes": "The source sentence continues; the period inside the quotation marks is not in the source.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 8", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=8" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=8" }, { "id": "D029", "group": "Documents and redline", "section": "1 (records table)", "section_base": "1", "section_label": "Section 1 (records table)", "claim": "47F-3-118 is not incorporated.", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "full text", "source_quote": "no occurrence of \"3-118\" in the final text", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration (whole document)", "href": "docs/proposed-declaration-2026-board-redline.pdf" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "id": "D030", "group": "Documents and redline", "section": "1 (records table)", "section_base": "1", "section_label": "Section 1 (records table)", "claim": "Today that costs at least $200 per document request, paid up front, after you explain why you want it, with most requests answered within ten business days.", "status": "VERIFIED", "sources": [ "gen11-records" ], "source_doc": "GEN 1.1, Document Request Policy (September 25, 2026 version)", "source_location": "Secs. I and II.A", "source_quote": "\"Most requests will be handled within 10 business days.\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "GEN 1.1 (September 25 version), page 1", "href": "docs/gen-1-1-document-request-policy-2026-09-25.pdf#page=1" } ], "href": "docs/gen-1-1-document-request-policy-2026-09-25.pdf#page=1" }, { "id": "D031", "group": "Documents and redline", "section": "1 (records table)", "section_base": "1", "section_label": "Section 1 (records table)", "claim": "The governing documents put no ceiling on that number. The Board could raise the minimum by policy", "status": "VERIFIED", "sources": [ "redline-2026", "bylaws-2026", "bylaws-inforce", "gen11-records" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798); GEN 1.1, Document Request Policy (September 25, 2026 version)", "source_location": "", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "Context: the policy itself was edited four days after it took effect (Sep 25 to Sep 29), which illustrates that the Board can change it on its own.", "is_new": false, "links": [ { "label": "Proposed Declaration (whole document)", "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" }, { "label": "GEN 1.1 (September 25 version) (whole document)", "href": "docs/gen-1-1-document-request-policy-2026-09-25.pdf" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "id": "D032", "group": "Documents and redline", "section": "1 (records table)", "section_base": "1", "section_label": "Section 1 (records table)", "claim": "The Bylaws point to a \"Schedule of Assessments & Fees\" (and records purpose) [the revised Bylaws record]", "status": "SOFTEN", "sources": [ "bylaws-inforce" ], "source_doc": "APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "Art. Nine", "source_quote": "\"The Declaration, Articles of Incorporation, and Bylaws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies shall be made available for sale at a reasonable price.\"", "secondary": false, "computed": false, "correction": "Today the Bylaws promise copies of the governing documents \"at a reasonable price\". The revised Bylaws replace that with a \"processing fee as stated in the Albemarle Plantation Schedule of Assessments & Fees\", a document that could not be found on the portal.", "notes": "Unmarked change in the Bylaws redline (WP1 Section 9).", "is_new": false, "links": [ { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" }, { "id": "D033", "group": "Documents and redline", "section": "1 (foreclosure)", "section_base": "1", "section_label": "Section 1 (foreclosure)", "claim": "The recorded 2013 Declaration (Article Five, Section 9, Book 410 Page 770) allows foreclosure \"under power of sale under Article 2A of Chapter 45.\"", "status": "VERIFIED", "sources": [ "decl-2013" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Art. Five Sec. 9, Pg 770 (page image)", "source_quote": "\"The Association may foreclose the claim of lien in like manner as mortgage on real estate under power of sale under Article 2A of Chapter 45 of the North Carolina General Statutes\"", "secondary": false, "computed": false, "correction": "", "notes": "Source continues \"of the North Carolina General Statutes\"; use logical punctuation.", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 770", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" }, { "id": "D034", "group": "Documents and redline", "section": "1 (foreclosure)", "section_base": "1", "section_label": "Section 1 (foreclosure)", "claim": "Faster: lien at 30 days instead of 90 (marked in the redline). Broader: \"dues\" added to what can be liened (not marked). One improvement: foreclosure cannot start until an assessment is at least 90 days past due (marked).", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "pp23, 28", "source_quote": "\"APPOA shall not institute foreclosure proceedings against a Member until the assessment levied is at least ninety (90) days past due\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 23", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=23" }, { "label": "Proposed Declaration, page 28", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=23" }, { "id": "D035", "group": "Documents and redline", "section": "1 (foreclosure)", "section_base": "1", "section_label": "Section 1 (foreclosure)", "claim": "The proposal never defines \"dues,\" while its Amenities definition says the amenities run \"on a fee or dues basis.\"", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "pp8 to 12", "source_quote": "\"operated as ongoing business entities on a fee or dues basis\"", "secondary": false, "computed": false, "correction": "", "notes": "No definition of \"dues\" in the final text. Art. Six Sec. 2 lets the Board impose \"reasonable social dues and/or fees\".", "is_new": false, "links": [ { "label": "Proposed Declaration, pages 8 to 12", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=8" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=8" }, { "id": "F002", "group": "Financial records", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "$1,858,960 owed back to current owners on resale, per the Association's 2025 audit", "status": "VERIFIED", "sources": [ "audit-2025" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Note 12, PDF p. 21 (printed p. 19)", "source_quote": "\"The total outstanding liability associated with this decision at December 31, 2025 was $1,858,960.\"", "secondary": false, "computed": false, "correction": "", "notes": "Born-digital PDF; quote taken from the text layer and confirmed on the rendered page image (work/renders/financial).", "is_new": false, "links": [], "href": "" }, { "id": "F003", "group": "Financial records", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "The Association refunded about $135,000 a year from 2023 to 2025.", "status": "VERIFIED", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Accounts 4102 and 8214, type Check, amount not zero, 2023 to 2025. GL PDFs: 2023 pp. 797 to 801; 2024 pp. 826 to 831; 2025 pp. 778 to 780 (4102) and 872 to 873 (8214); 2026 pp. 133 to 134 (8214)", "source_quote": "[computed from ledger rows] 2023 $124,600 + 2024 $138,440 + 2025 $140,560 = $403,600; average $134,533 a year", "secondary": false, "computed": true, "correction": "", "notes": "Rule: every Check row in account 4102 or 8214 with a nonzero amount (voided checks are recorded at $0). Refund checks only. Net of the 2 lost checks of late 2023 that the ledger reversed by journal entry when they were replaced, 2023 is $119,080 and the average is $132,693, still about $133,000. Scripts f04, f24 (tables T1, T3, T4).", "is_new": false, "links": [], "href": "" }, { "id": "F004", "group": "Financial records", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "The Board may borrow up to $1,000,000 and pledge \"any or all\" Association property, including the golf course and marina, without a member vote.", "status": "VERIFIED", "sources": [ "bylaws-2026", "bylaws-inforce", "loan-2026" ], "source_doc": "Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798); Promissory Note and Deed of Trust Securing Future Advances, April 16, 2026", "source_location": "Bylaws PDF p. 2, section (m); loan file PDF pp. 29, 38 to 40", "source_quote": "\"hypothecate any or all of its real or personal property as security for money borrowed or debts in the aggregate of no more than $1,000,000.00 without approval of the Members\"", "secondary": false, "computed": false, "correction": "", "notes": "Financial anchors only; the bylaws reading (article and section number, the over-limit rule) belongs to the legal and WP1 checks. Bylaws PDF is born-digital (text layer). Context: the April 2026 note alone is $1,000,000.00 (loan PDF p. 29), equal to the bylaw's aggregate cap. Its Deed of Trust (PDF p. 38) pledges, per Exhibit A (PDF pp. 39 to 40), the golf course, driving range, pro shop, clubhouse and miscellaneous Phase 1 facilities, and the swimming pool and pool house; the marina is not one of the three parcels. The bullet describes what the bylaw would allow, so this does not contradict it.", "is_new": false, "links": [ { "label": "Revised APPOA Bylaws, page 2", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf#page=2" } ], "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf#page=2" }, { "id": "L004", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "The new Article One may switch off parts of the Planned Community Act that protect owners today, including the hearing and $100 limit before fines. A Board policy provides both today, but a policy can be rewritten by the Board.", "status": "SOFTEN", "sources": [ "nc-47F-3-107.1", "gen21-compliance-procedures-2020" ], "source_doc": "N.C.G.S. 47F-3-107.1 (Procedures for fines and suspension of planned community privileges or services); GEN 2.1, Compliance Procedures (effective September 30, 2020)", "source_location": "47F-3-107.1; GEN 2.1 Sections I.E.2.b and I.F.1", "source_quote": "47F-3-107.1: \"a fine not to exceed one hundred dollars ($100.00) may be imposed for the violation and without further hearing, for each day more than five days after the decision\"", "secondary": false, "computed": false, "correction": "State law protections. The new Article One may switch off parts of the Planned Community Act that, by statute, apply to communities like ours, including the hearing before a fine and the $100 cap on fines (N.C.G.S. 47F-3-107.1). Board procedures (GEN 2.1) provide both today, but the Board can rewrite them.", "notes": "The $100 is a cap on fines, not a limit \"before\" fines. Whether 47F-3-107.1 applies today turns on the 2013 Article Eleven, Section 11 question. Reidy v. Whitehart Ass'n (2007) and Schwartz v. Banbury Woods (2009) applied 47F-3-107.1 to pre-1999 communities.", "is_new": false, "links": [], "href": "" }, { "id": "L005", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "Your say over future changes. The Board keeps its power to amend the Declaration without a member vote.", "status": "VERIFIED", "sources": [ "redline-2026", "decl-2013" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Draft Article Thirteen, Sections 4 and 5, PDF pp. 44 to 45; 2013 Article Eleven, Sections 4 and 5, Bk 410 Pgs 784 to 785 (images checked)", "source_quote": "Draft p. 45: \"APPOA reserves the right to modify or amend this Master Declaration at any time without prior notice and without the consent of any person or entity\"", "secondary": false, "computed": false, "correction": "", "notes": "Suggested addition (new finding, marked change): the draft also strikes the 2013 right of members to amend by majority vote after December 31, 2022: \"After December 31, 2022, the Members may, by vote of a majority of the Members existing at the time, agree to amend the Master Declaration\" (struck on pp. 44 to 45; page images checked). Under the draft, only APPOA can amend; owners keep only 47F-1-102(d) (opt into the whole Act).", "is_new": false, "links": [ { "label": "Proposed Declaration, pages 44 to 45", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=44" }, { "label": "2013 Declaration, Book 410 Pages 784 to 785", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=38" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=44" }, { "id": "L006", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "N.C.G.S. 47F-3-118 is one of the sections 47F-1-102(c) applies to pre-1999 communities like ours.", "status": "VERIFIED", "sources": [ "nc-47F-1-102" ], "source_doc": "N.C.G.S. 47F-1-102 (Applicability)", "source_location": "47F-1-102(c)", "source_quote": "\"G.S. 47F-3-118 (Association records) ... apply to all planned communities created in this State before January 1, 1999, unless the articles of incorporation or the declaration expressly provides to the contrary\"", "secondary": false, "computed": false, "correction": "", "notes": "Condition: unless the declaration expressly provides to the contrary (see 2013 Article Eleven, Section 11). The statute also says the listed sections apply only to events on or after January 1, 1999 and \"do not invalidate existing provisions of the declaration, bylaws, or plats and plans\".", "is_new": false, "links": [], "href": "" }, { "id": "L007", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "(The Board's attorney has advised that most of 47F does not apply to APPOA; whether 3-118 is among the sections that do is a question owners should ask.)", "status": "VERIFIED", "sources": [ "minutes-appoa-20250424" ], "source_doc": "APPOA Board minutes, April 24, 2025", "source_location": "PDF p. 4, item 11.e (page image checked)", "source_quote": "\"Committee advised that the section does not apply to APPOA except those sections that apply to all planned communities, per AP Attorney\"", "secondary": false, "computed": false, "correction": "", "notes": "Suggested addition: the advice's own words, \"those sections that apply to all planned communities\", echo 47F-1-102(c), which lists 47F-3-118 among the sections that \"apply to all planned communities created in this State before January 1, 1999\". Shortened cite \"3-118\" should read \"N.C.G.S. 47F-3-118\" (ground rule 6).", "is_new": false, "links": [], "href": "" }, { "id": "L008", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "The proposed Article One says the Planned Community Act \"shall not apply to APPOA except as expressly incorporated.\" 47F-3-118 is not incorporated.", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "Article One, PDF p. 8 (inserted, marked); whole accepted text searched for 47F cites", "source_quote": "\"The North Carolina Planned Community Act, N.C.G.S 47F-1-101 et seq., shall not apply to APPOA except as expressly incorporated herein by reference, either in whole or in part, to this Master Declaration.\"", "secondary": false, "computed": false, "correction": "", "notes": "Quoted words appear consecutively. The accepted draft cites only 47F-3-108(a) (p. 46) and 47F-3-116(e) (p. 29), plus the Act generally in Article One.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 8", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=8" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=8" }, { "id": "L009", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "A free annual income and expense statement and balance sheet (\"at no charge,\" within 75 days of year end)", "status": "VERIFIED", "sources": [ "nc-47F-3-118" ], "source_doc": "N.C.G.S. 47F-3-118 (Association records)", "source_location": "47F-3-118(a)", "source_quote": "\"the association shall make an annual income and expense statement and balance sheet available to all lot owners at no charge and within 75 days after the close of the fiscal year\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [], "href": "" }, { "id": "L010", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "the right of a majority of owners present and voting to require a review or audit", "status": "VERIFIED", "sources": [ "nc-47F-3-118" ], "source_doc": "N.C.G.S. 47F-3-118 (Association records)", "source_location": "47F-3-118(a)", "source_quote": "\"a more extensive compilation, review, or audit of the association's books and records for the current or immediately preceding fiscal year may be required ... by the affirmative vote of a majority of the lot owners present and voting in person or by proxy at any annual meeting or any special meeting duly called for that purpose\"", "secondary": false, "computed": false, "correction": "", "notes": "Fair paraphrase. Limited to the current or immediately preceding fiscal year, at an annual meeting or a special meeting called for that purpose.", "is_new": false, "links": [], "href": "" }, { "id": "L011", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "and Board and association meeting records made \"reasonably available\" to owners", "status": "SOFTEN", "sources": [ "nc-47F-3-118" ], "source_doc": "N.C.G.S. 47F-3-118 (Association records)", "source_location": "47F-3-118(a)", "source_quote": "\"All financial and other records, including records of meetings of the association and executive board, shall be made reasonably available for examination by any lot owner and the lot owner's authorized agents as required in the bylaws and Chapter 55A of the General Statutes.\"", "secondary": false, "computed": false, "correction": "and all financial and other records, including Board and association meeting records, made \"reasonably available for examination\" by owners \"as required in the bylaws and Chapter 55A of the General Statutes\"", "notes": "The row is headed \"What 47F-3-118 adds on its own\", but this sentence of 47F-3-118 works through the bylaws and Chapter 55A, so it adds less on its own than the table implies.", "is_new": false, "links": [], "href": "" }, { "id": "L012", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "The free statement and the owner-called audit are gone unless the Board chooses to provide them.", "status": "SOFTEN", "sources": [ "nc-55A-16-20", "nc-47F-3-118" ], "source_doc": "N.C.G.S. 55A-16-20 (Financial statements for members); N.C.G.S. 47F-3-118 (Association records)", "source_location": "55A-16-20(a), (b)", "source_quote": "55A-16-20(a): \"a corporation upon written demand from a member shall furnish that member its latest annual financial statements, if any\"", "secondary": false, "computed": false, "correction": "The free statement within 75 days and the owner-called audit are gone unless the Board chooses to provide them. A member could still demand the latest annual financial statements in writing under the Nonprofit Corporation Act (N.C.G.S. 55A-16-20), with no deadline stated.", "notes": "55A-16-20 does not apply to a charitable or religious corporation's contrary articles or bylaws; APPOA is a 528 homeowners association. If the statements are audited, \"the accountant's report shall accompany them\" (55A-16-20(b)).", "is_new": false, "links": [], "href": "" }, { "id": "L013", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "Inspecting minutes and accounting records falls back to the Nonprofit Corporation Act (55A-16-02), which lets the Association require \"a proper purpose.\"", "status": "SOFTEN", "sources": [ "nc-55A-16-02", "nc-47F-3-118" ], "source_doc": "N.C.G.S. 55A-16-02 (Inspection of records by members); N.C.G.S. 47F-3-118 (Association records)", "source_location": "55A-16-02(a), (b), (c); 47F-3-118(a)", "source_quote": "55A-16-02(c)(1): \"The member's demand is made in good faith and for a proper purpose\"", "secondary": false, "computed": false, "correction": "Inspecting Board minutes and accounting records is governed by the Nonprofit Corporation Act (N.C.G.S. 55A-16-02), which lets the Association require that a demand be made \"in good faith and for a proper purpose.\" Because 47F-3-118 itself points to Chapter 55A, that may already be the rule today (a question for counsel).", "notes": "\"a proper purpose\" is an exact substring. \"Falls back\" implies no purpose rule today, but 47F-3-118(a) runs \"as required in the bylaws and Chapter 55A\". Minutes of membership meetings for the past three years are inspectable under 55A-16-02(a) with no purpose requirement.", "is_new": false, "links": [], "href": "" }, { "id": "L014", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "What still limits the fee: The Nonprofit Corporation Act (55A-16-03(c))", "status": "VERIFIED", "sources": [ "nc-55A-16-03" ], "source_doc": "N.C.G.S. 55A-16-03 (Scope of inspection rights)", "source_location": "55A-16-03(c)", "source_quote": "\"The corporation may impose a reasonable charge, covering the costs of labor and material, for producing for inspection or copying any records provided to the member. The charge shall not exceed the estimated cost of production or reproduction of the records.\"", "secondary": false, "computed": false, "correction": "", "notes": "Shortened cite should read N.C.G.S. 55A-16-03(c).", "is_new": false, "links": [], "href": "" }, { "id": "L015", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "It caps charges at \"the estimated cost of production or reproduction.\" Enforcing it means going to court.", "status": "VERIFIED", "sources": [ "nc-55A-16-03", "nc-55A-16-04" ], "source_doc": "N.C.G.S. 55A-16-03 (Scope of inspection rights); N.C.G.S. 55A-16-04 (Court-ordered inspection)", "source_location": "55A-16-03(c); 55A-16-04(b), (c)", "source_quote": "55A-16-04(c): \"it shall also order the corporation to pay the member's cost (including reasonable attorneys' fees) incurred to obtain the order unless the corporation proves that it refused inspection in good faith\"", "secondary": false, "computed": false, "correction": "", "notes": "Suggested addition for fairness to owners: if a court orders inspection, it must award the member's costs and reasonable attorneys' fees unless the Association proves a good-faith, reasonable basis for refusing (55A-16-04(c)).", "is_new": false, "links": [], "href": "" }, { "id": "L016", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "the Association already has the power to foreclose on a home for unpaid assessments, and it does not need to file a lawsuit.", "status": "VERIFIED", "sources": [ "decl-2013", "nc-47F-3-116" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages); N.C.G.S. 47F-3-116 (Lien for sums due the association; enforcement)", "source_location": "2013 Article Five, Section 9, Bk 410 Pg 770 (image checked); 47F-3-116(f)", "source_quote": "2013: \"The Association may foreclose the claim of lien in like manner as mortgage on real estate under power of sale under Article 2A of Chapter 45\"", "secondary": false, "computed": false, "correction": "", "notes": "Exception: a lien made up only of fines \"may only be enforced by judicial foreclosure\" (47F-3-116(h)); the 2013 and draft texts say \"may be enforced by judicial foreclosure\".", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 770", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" }, { "id": "L017", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "The recorded 2013 Declaration (Article Five, Section 9, Book 410 Page 770) allows foreclosure \"under power of sale under Article 2A of Chapter 45.\"", "status": "VERIFIED", "sources": [ "decl-2013" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "PDF p. 24 = Bk 410 Pg 770 (image checked)", "source_quote": "\"under power of sale under Article 2A of Chapter 45 of the North Carolina General Statutes\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 770", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" }, { "id": "L018", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "State law, N.C.G.S. 47F-3-116, lays out how that works", "status": "VERIFIED", "sources": [ "nc-47F-3-116", "nc-45-21.16" ], "source_doc": "N.C.G.S. 47F-3-116 (Lien for sums due the association; enforcement); N.C.G.S. 45-21.16 (Notice and hearing)", "source_location": "47F-3-116(f) incorporates Article 2A of Chapter 45", "source_quote": "47F-3-116(f): \"in like manner as a mortgage or deed of trust on real estate under power of sale, as provided in Article 2A of Chapter 45\"", "secondary": false, "computed": false, "correction": "", "notes": "Several steps come from Chapter 45 (45-21.16 hearing and appeal; 45-21.27 upset bids; 45-21.34 injunction). Suggest: \"State law, N.C.G.S. 47F-3-116 and Article 2A of Chapter 45, lays out how that works\".", "is_new": false, "links": [], "href": "" }, { "id": "L019", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "A bill goes unpaid. After at least 15 days' notice by mail, the Association files a claim of lien with the Clerk of Superior Court.", "status": "VERIFIED", "sources": [ "nc-47F-3-116" ], "source_doc": "N.C.G.S. 47F-3-116 (Lien for sums due the association; enforcement)", "source_location": "47F-3-116(a), (b)", "source_quote": "(b): \"No fewer than 15 days prior to filing the lien, the association shall mail a statement of the assessment amount due by first-class mail\"", "secondary": false, "computed": false, "correction": "", "notes": "Suggest adding the 30-day floor: an assessment must be unpaid \"for a period of 30 days or longer\" (47F-3-116(a)); the 2013 Declaration used 90 days, the draft 30.", "is_new": false, "links": [], "href": "" }, { "id": "L020", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "Interest (up to 18% a year, under 47F-3-115)", "status": "VERIFIED", "sources": [ "nc-47F-3-115", "decl-2013" ], "source_doc": "N.C.G.S. 47F-3-115 (Assessments for common expenses); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "47F-3-115(b); 2013 Article Five, Section 7, Bk 410 Pg 770", "source_quote": "\"bears interest at the rate established by the association not exceeding eighteen percent (18%) per year\"", "secondary": false, "computed": false, "correction": "", "notes": "For pre-1999 communities interest may be charged \"only if the declaration provides for interest charges\"; the 2013 Declaration does (Pg 770). Write the cite in full: N.C.G.S. 47F-3-115.", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 770", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" }, { "id": "L021", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "late charges and collection costs are added", "status": "VERIFIED", "sources": [ "nc-47F-3-116" ], "source_doc": "N.C.G.S. 47F-3-116 (Lien for sums due the association; enforcement)", "source_location": "47F-3-116(a), (e); 47F-3-102(11)", "source_quote": "(e): \"A lot owner may not be required to pay attorneys' fees and court costs until the lot owner is notified in writing of the association's intent to seek payment of attorneys' fees\"", "secondary": false, "computed": false, "correction": "", "notes": "Suggested addition (owner protection): before attorneys' fees can be charged, the owner must get written notice and 15 days to pay the balance without them (47F-3-116(e)). Late charges are capped at the greater of $20 a month or 10% of the installment (47F-3-102(11)).", "is_new": false, "links": [], "href": "" }, { "id": "L022", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "Attorney and trustee fees are capped at $1,200 only if you do not contest; dispute the bill and the cap is gone.", "status": "VERIFIED", "sources": [ "nc-47F-3-116" ], "source_doc": "N.C.G.S. 47F-3-116 (Lien for sums due the association; enforcement)", "source_location": "47F-3-116(f)(12), (g)", "source_quote": "\"then attorneys' fees and the trustee's commission collectively charged to the lot owner shall not exceed one thousand two hundred dollars ($1,200), not including costs or expenses incurred\"", "secondary": false, "computed": false, "correction": "", "notes": "Precision: the cap is on attorneys' fees and the trustee's commission together, not counting costs; it applies to power-of-sale foreclosure, not judicial foreclosure (47F-3-116(g)).", "is_new": false, "links": [], "href": "" }, { "id": "L023", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "At 90 days, the Board votes to foreclose and appoints a trustee,", "status": "SOFTEN", "sources": [ "nc-47F-3-116" ], "source_doc": "N.C.G.S. 47F-3-116 (Lien for sums due the association; enforcement)", "source_location": "47F-3-116(f) and (f)(5), (f)(6)", "source_quote": "\"if the assessment remains unpaid for 90 days or more. The association shall not foreclose the claim of lien unless the executive board votes to commence the proceeding against the specific lot.\"", "secondary": false, "computed": false, "correction": "Once the assessment has been unpaid for 90 days or more, the Board may vote to foreclose on that specific lot and appoints a trustee, who can be the Association's own lawyer if you do not contest the debt. Before the foreclosure starts, you must get written notice of the Association's intent to foreclose.", "notes": "\"At 90 days, the Board votes\" reads as automatic; the statute sets a minimum and requires a Board vote on the specific lot. The notice of intent is 47F-3-116(f)(5).", "is_new": false, "links": [], "href": "" }, { "id": "L024", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "who can be the Association's own lawyer if you do not contest the debt.", "status": "VERIFIED", "sources": [ "nc-47F-3-116" ], "source_doc": "N.C.G.S. 47F-3-116 (Lien for sums due the association; enforcement)", "source_location": "47F-3-116(f)(6)", "source_quote": "\"Counsel for the association may be appointed by the association to serve as the trustee and may serve in that capacity as long as the lot owner does not contest the obligation to pay\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [], "href": "" }, { "id": "L025", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "There is no trial and no judge.", "status": "CORRECTED", "sources": [ "nc-45-21.16", "nc-45-21.34" ], "source_doc": "N.C.G.S. 45-21.16 (Notice and hearing); N.C.G.S. 45-21.34 (Enjoining mortgage sales on equitable grounds)", "source_location": "45-21.16(d1); 45-21.34", "source_quote": "45-21.16(d1): \"The act of the clerk in so finding or refusing to so find is a judicial act and may be appealed to the judge of the district or superior court having jurisdiction at any time within 10 days after said act.\"", "secondary": false, "computed": false, "correction": "There is no lawsuit and no trial. The hearing is before the Clerk of Superior Court, not a judge, though the Clerk's order can be appealed to a judge within 10 days (N.C.G.S. 45-21.16(d1)).", "notes": "\"No judge\" is not correct as stated: appeal to a judge (heard de novo, with a bond) and a superior court injunction (45-21.34) are available.", "is_new": false, "links": [], "href": "" }, { "id": "L026", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "A hearing before the Clerk of Superior Court checks only that a debt exists, that it is in default, and that notice was given.", "status": "CORRECTED", "sources": [ "nc-47F-3-116" ], "source_doc": "N.C.G.S. 47F-3-116 (Lien for sums due the association; enforcement)", "source_location": "47F-3-116(f)(7)", "source_quote": "\"If a valid debt, default, and notice to those entitled to receive notice under G.S. 45-21.16(b) are found to exist, then the clerk of court shall authorize the sale\"", "secondary": false, "computed": false, "correction": "A hearing before the Clerk of Superior Court checks only for a valid debt, a default, and notice to those entitled to it (N.C.G.S. 47F-3-116(f)(7)).", "notes": "\"a debt exists\" drops \"valid\". Tasking pitfall 9: do not add more than valid debt, default, and notice.", "is_new": false, "links": [], "href": "" }, { "id": "L027", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "The home is sold at public auction.", "status": "VERIFIED", "sources": [ "nc-45-21.27", "nc-47F-3-116" ], "source_doc": "N.C.G.S. 45-21.27 (Upset bid on real property; compliance bonds); N.C.G.S. 47F-3-116 (Lien for sums due the association; enforcement)", "source_location": "47F-3-116(f)(9), (10); 45-21.27", "source_quote": "(f)(10): \"Upon the expiration of the upset bid period provided in G.S. 45-21.27, the trustee shall have full power and authority to execute a deed for the lot to the high bidder.\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [], "href": "" }, { "id": "L028", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "You can stop it only by paying everything, including the trustee's commission, before the upset bid period ends.", "status": "SOFTEN", "sources": [ "nc-47F-3-116", "nc-45-21.34" ], "source_doc": "N.C.G.S. 47F-3-116 (Lien for sums due the association; enforcement); N.C.G.S. 45-21.34 (Enjoining mortgage sales on equitable grounds)", "source_location": "47F-3-116(f)(8), (f)(13); 45-21.34", "source_quote": "(f)(8): \"If, prior to the expiration of the upset bid period provided in G.S. 45-21.27, the lot owner satisfies the debt secured by the claim of lien and pays all expenses and costs ... including, but not limited to, advertising costs, attorneys' fees, and the trustee's commission, then the trustee shall dismiss the foreclosure action\"", "secondary": false, "computed": false, "correction": "Paying the debt and all costs, including attorneys' fees and the trustee's commission, before the 10-day upset bid period ends stops the sale (N.C.G.S. 47F-3-116(f)(8)). The only other route is to ask a superior court judge to stop the sale on legal or equitable grounds, which requires a bond (N.C.G.S. 45-21.34).", "notes": "\"only\" overstates: 47F-3-116(f)(13) gives owners the 45-21.34 injunction remedy.", "is_new": false, "links": [], "href": "" }, { "id": "L029", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "State law sets no minimum amount.", "status": "VERIFIED", "sources": [ "nc-47F-3-116" ], "source_doc": "N.C.G.S. 47F-3-116 (Lien for sums due the association; enforcement)", "source_location": "47F-3-116 (whole section; history ends at 2013-202)", "source_quote": "47F-3-116(a): \"Any assessment attributable to a lot which remains unpaid for a period of 30 days or longer shall constitute a lien\"", "secondary": false, "computed": false, "correction": "", "notes": "The statute sets time minimums (30 days for a lien, 90 for foreclosure), no dollar minimum.", "is_new": false, "links": [], "href": "" }, { "id": "L030", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "In Pitt County in 2022, an association foreclosed on a paid-off home valued at $413,000 over about $1,491 in unpaid dues; it sold for just over $221,000.", "status": "SOFTEN", "sources": [ "abc11-2022" ], "source_doc": "ABC11 (WTVD): Pitt County HOA foreclosure story (November 17, 2022)", "source_location": "ABC11 article, published 2022-11-17 23:19 UTC (meta article:published_time); page shows Nov 21, 2022 update", "source_quote": "\"$413,000 valued home sold for just over $221,000\"; \"a debt of $1,491\"", "secondary": false, "computed": false, "correction": "In a Pitt County case reported in 2022, an association foreclosed on a paid-off home valued at $413,000 over $1,491 in unpaid dues; it sold for just over $221,000.", "notes": "Numbers and \"paid it off\" verified. The article does not date the sale; it says the sheriff tried to deliver the hearing notice \"last September\" (2021), so \"in 2022\" is not supported. Do not name the owner.", "is_new": false, "links": [], "href": "" }, { "id": "L031", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "The owner said she did not know about the liens or the foreclosure until it was too late (ABC11, November 17, 2022).", "status": "VERIFIED", "sources": [ "abc11-2022" ], "source_doc": "ABC11 (WTVD): Pitt County HOA foreclosure story (November 17, 2022)", "source_location": "ABC11 article", "source_quote": "\"also happened without her knowledge\" (said of the foreclosure); she \"was unaware of\" the 2013 and 2017 liens (paraphrase of the article; owner not named here)", "secondary": false, "computed": false, "correction": "", "notes": "Date verified from the page metadata (published Nov 17, 2022; updated Nov 21, 2022). For balance, the same story reports that her lawsuit to reverse the sale was pending, that she had received law-office letters she took for junk mail, and that the HOA declined to comment. Suggest adding: \"Her lawsuit to undo the sale was pending when the story ran.\" ABC11 is missing from the footer Sources list.", "is_new": false, "links": [], "href": "" }, { "id": "L032", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "A 2023 bill (HB 542) would have barred a lien until the debt reached $2,500 or one year of assessments, whichever is less.", "status": "CORRECTED", "sources": [ "hb542-2023" ], "source_doc": "House Bill 542 (2023 Session), ncleg.gov", "source_location": "Edition 2 (House CS 4/26/23) Section 2 amending 47F-3-116(a); Edition 4 (Senate engrossed 9/12/23) Section 7", "source_quote": "Edition 2: \"Any delinquent assessment of an amount of two thousand five hundred dollars ($2,500) or one year of homeowners' association assessments, whichever is lesser,\" (inserted text)", "secondary": false, "computed": false, "correction": "A 2023 bill, House Bill 542, as it passed the House 117 to 0 on May 3, 2023, would have barred a lien until the delinquent assessment reached $2,500 or one year of assessments, whichever is less. The Senate passed a different version on September 12, 2023 that dropped that minimum and would instead have lengthened the wait before a nonjudicial foreclosure from 90 to 180 days.", "notes": "True only of the House-passed edition. Edition 3 (Senate Judiciary CS 6/27/23) moved a $2,500 or 12-month threshold to judicial foreclosure; Edition 4 (passed Senate 46 to 0) dropped the dollar threshold. Markup read from / tags in the ncleg.gov HTML.", "is_new": false, "links": [], "href": "" }, { "id": "L033", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "It passed the House but was never enacted.", "status": "CORRECTED", "sources": [ "hb542-2023" ], "source_doc": "House Bill 542 (2023 Session), ncleg.gov", "source_location": "Bill history", "source_quote": "History: 5/3/2023 House Passed 3rd Reading; 9/12/2023 Senate Passed 3rd Reading; 9/21/2023 House Failed Concur In S Com Sub; 10/5/2023 Senate Conf Com Appointed (last action)", "secondary": false, "computed": false, "correction": "The House did not agree to the Senate version, the bill went to a conference committee, and it was never enacted.", "notes": "\"Passed the House\" is incomplete: it also passed the Senate in a different form. Never enacted: last action 10/5/2023; N.C.G.S. 47F-3-116 history shows no change after 2013. HB 542 is missing from the footer Sources list.", "is_new": false, "links": [], "href": "" }, { "id": "L034", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "The statute today still sets no minimum.", "status": "VERIFIED", "sources": [ "nc-47F-3-116" ], "source_doc": "N.C.G.S. 47F-3-116 (Lien for sums due the association; enforcement)", "source_location": "47F-3-116 history note", "source_quote": "\"(1998-199, s. 1; 2005-422, s. 6; 2009-515, s. 1; 2011-362, s. 1; 2013-202, s. 3.)\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [], "href": "" }, { "id": "L035", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "Faster: lien at 30 days instead of 90 (marked in the redline).", "status": "VERIFIED", "sources": [ "redline-2026", "decl-2013" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Draft Article Six, Section 9, PDF p. 28; 2013 Pg 770", "source_quote": "Draft p. 28 markup: \"[-ninety-] {+thirty+} ([-9-]{+3+}0) days\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 28", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" }, { "label": "2013 Declaration, Book 410 Page 770", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" }, { "id": "L036", "group": "Law", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "One improvement: foreclosure cannot start until an assessment is at least 90 days past due (marked).", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "Article Six, Section 9, PDF p. 28 (inserted)", "source_quote": "\"APPOA shall not institute foreclosure proceedings against a Member until the assessment levied is at least ninety (90) days past due\"", "secondary": false, "computed": false, "correction": "", "notes": "47F-3-116(f) already requires 90 days where it applies; the draft writes it into the Declaration, which matters because Article One opts out of 47F-3-116 except as incorporated.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 28", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" }, { "id": "M008", "group": "Minutes, posts and correspondence", "section": "1", "section_base": "1", "section_label": "Section 1", "claim": "(The Board's attorney has advised that most of 47F does not apply to APPOA; whether 3-118 is among the sections that do is a question owners should ask.)", "status": "VERIFIED", "sources": [ "minutes-appoa-20250424" ], "source_doc": "APPOA Board minutes, April 24, 2025", "source_location": "PDF p.4, item 11.e (Unfinished Business, Documents Review Committee)", "source_quote": "Committee advised that the section does not apply to APPOA except those sections that apply to all planned communities, per AP Attorney", "secondary": false, "computed": false, "correction": "", "notes": "The minutes record advice given to the review committee and attributed to 'AP Attorney'. 'Most of 47F' is a fair paraphrase. Optional precision: 'The Association's attorney advised the review committee in April 2025 that ...'. Whether 3-118 is among the sections that apply is for the legal agent. Scanned page (no text layer); OCR text from work/zip_extract; Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "D036", "group": "Documents and redline", "section": "2", "section_base": "2", "section_label": "Section 2", "claim": "the Amended and Restated Master Declaration recorded February 13, 2013, Perquimans County Book 410, Page 747 (42 pages), plus the four amendments recorded since: Book 419 Page 808 (2013), Book 422 Page 236 (2013), Book 443 Page 113 (2015), and Book 443 Page 420 (2015)", "status": "VERIFIED", "sources": [ "decl-2013", "amd-01", "amd-02", "amd-03", "amd-04" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages); First Amendment to the 2013 Declaration, recorded Book 419 Page 808; Second Amendment to the 2013 Declaration, recorded Book 422 Page 236; Third Amendment to the 2013 Declaration, recorded Book 443 Page 113; Fourth Amendment to the 2013 Declaration, recorded Book 443 Page 420", "source_location": "filing stamps", "source_quote": "\"This document presented and filed: 02/13/2013 03:53:13 PM ... BOOK 410 Pace 747 (42)\"; amendments filed 09/17/2013 (Bk 419 Pg 808), 11/25/2013 (Bk 422 Pg 236), 2015 (Bk 443 Pg 113), 09/29/2015 (Bk 443 Pg 420)", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "2013 Declaration (whole document)", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf" }, { "label": "First Amendment (2013) (whole document)", "href": "docs/amendment-1-2013-bk419-pg808.pdf" }, { "label": "Second Amendment (2013) (whole document)", "href": "docs/amendment-2-2013-bk422-pg236.pdf" }, { "label": "Third Amendment (2015) (whole document)", "href": "docs/amendment-3-2015-bk443-pg113.pdf" }, { "label": "Fourth Amendment (2015) (whole document)", "href": "docs/amendment-4-2015-bk443-pg420.pdf" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf" }, { "id": "D037", "group": "Documents and redline", "section": "2", "section_base": "2", "section_label": "Section 2", "claim": "Proposal: the Board's redline, Master Declaration_Revised 2026.pdf (48 pages), and the revised APPOA and APPI Bylaws.", "status": "VERIFIED", "sources": [ "redline-2026", "appi-bylaws-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Revised APPI Bylaws (2026)", "source_location": "", "source_quote": "48 pages", "secondary": false, "computed": false, "correction": "", "notes": "The revised APPI Bylaws (6 pages) were saved October 19, 2026 from the Board's shared folder and searched for the word \"refund\" (none found); they were not compared line by line with the APPI Bylaws in force.", "is_new": false, "links": [ { "label": "Proposed Declaration (whole document)", "href": "docs/proposed-declaration-2026-board-redline.pdf" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "id": "D038", "group": "Documents and redline", "section": "2", "section_base": "2", "section_label": "Section 2", "claim": "The 2013 recorded copy is a scan, so it was converted to text and checked against the page images.", "status": "SOFTEN", "sources": [ "decl-2013" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "", "source_quote": "", "secondary": false, "computed": false, "correction": "The 2013 recorded copy is a scan, so it was converted to text by OCR, and every passage quoted here was checked against the page images.", "notes": "The OCR file says it is raw and not hand-corrected; quotes were checked against images in this run.", "is_new": false, "links": [ { "label": "2013 Declaration (whole document)", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf" }, { "id": "D039", "group": "Documents and redline", "section": "2", "section_base": "2", "section_label": "Section 2", "claim": "colored underline is an insertion, colored strike-through is a deletion, black text is unmarked.", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "drawing rectangles and character colors", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "Add: one passage on page 19 is red but not underlined; it is existing recorded text (Second Amendment).", "is_new": false, "links": [ { "label": "Proposed Declaration (whole document)", "href": "docs/proposed-declaration-2026-board-redline.pdf" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "id": "D040", "group": "Documents and redline", "section": "2", "section_base": "2", "section_label": "Section 2", "claim": "producing 474 points of difference, and every one was sorted.", "status": "CORRECTED", "sources": [ "review-wp1" ], "source_doc": "This review: redline re-derivation (every change, marked and unmarked)", "source_location": "Section 4", "source_quote": "", "secondary": false, "computed": false, "correction": "producing about 500 points of difference, and every one was sorted.", "notes": "This run: 515 regions by its merge rule (614 raw word-level differences); the count depends on how adjacent differences are grouped.", "is_new": false, "links": [], "href": "" }, { "id": "D041", "group": "Documents and redline", "section": "2", "section_base": "2", "section_label": "Section 2", "claim": "Cross-check: An owner who reviewed the redline independently shared their notes. Their findings matched on every major item and added several", "status": "UNVERIFIABLE", "sources": [ "owner-notes", "review-wp1" ], "source_doc": "Notes shared by an owner who reviewed the redline independently; This review: redline re-derivation (every change, marked and unmarked)", "source_location": "", "source_quote": "", "secondary": false, "computed": false, "correction": "Cross-check: An owner who reviewed the redline independently shared their notes. Their findings matched ours on the major items they covered and added several that are included below with my own page checks. They asked not to be named.", "notes": "Softer wording avoids a claim this run cannot test.", "is_new": false, "links": [], "href": "" }, { "id": "D042", "group": "Documents and redline", "section": "3", "section_base": "3", "section_label": "Section 3", "claim": "48 pages in the proposed Declaration", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration (whole document)", "href": "docs/proposed-declaration-2026-board-redline.pdf" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "id": "D043", "group": "Documents and redline", "section": "3", "section_base": "3", "section_label": "Section 3", "claim": "677 changes the redline does mark", "status": "CORRECTED", "sources": [ "review-wp1" ], "source_doc": "This review: redline re-derivation (every change, marked and unmarked)", "source_location": "Section 4", "source_quote": "", "secondary": false, "computed": false, "correction": "621 changes the redline does mark", "notes": "621 change regions containing text, counting a deletion and the insertion that replaces it as one; 671 to 698 if marks on blank space count. State the rule in Section 2.", "is_new": false, "links": [], "href": "" }, { "id": "D044", "group": "Documents and redline", "section": "3", "section_base": "3", "section_label": "Section 3", "claim": "474 places where the redline's \"original\" text differs from the recorded text", "status": "CORRECTED", "sources": [ "review-wp1" ], "source_doc": "This review: redline re-derivation (every change, marked and unmarked)", "source_location": "Section 4", "source_quote": "", "secondary": false, "computed": false, "correction": "about 500 places where the redline's \"original\" text differs from the recorded text", "notes": "", "is_new": false, "links": [], "href": "" }, { "id": "D045", "group": "Documents and redline", "section": "3", "section_base": "3", "section_label": "Section 3", "claim": "34 substantive changes with no markup", "status": "CORRECTED", "sources": [ "review-wp1" ], "source_doc": "This review: redline re-derivation (every change, marked and unmarked)", "source_location": "", "source_quote": "", "secondary": false, "computed": false, "correction": "49 substantive changes with no markup", "notes": "50 in v3.0; 49 in v3.1 after the tree rule (WP1 U14) was withdrawn on October 19, 2026 (edit R-04).", "is_new": false, "links": [], "href": "" }, { "id": "D046", "group": "Documents and redline", "section": "3", "section_base": "3", "section_label": "Section 3", "claim": "15 of those 34 work against owners", "status": "CORRECTED", "sources": [ "review-wp1" ], "source_doc": "This review: redline re-derivation (every change, marked and unmarked)", "source_location": "", "source_quote": "", "secondary": false, "computed": false, "correction": "14 of those 49 work against owners, by my reading", "notes": "15 of 50 in v3.0; 14 of 49 in v3.1 after the withdrawal of U14, which was labeled Worse (edit R-05).", "is_new": false, "links": [], "href": "" }, { "id": "D047", "group": "Documents and redline", "section": "3", "section_base": "3", "section_label": "Section 3", "claim": "20 pages of bylaws owners do not vote on", "status": "VERIFIED", "sources": [ "appi-bylaws-2026", "bylaws-2026", "bylaws-inforce" ], "source_doc": "Revised APPI Bylaws (2026); Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "6 pages; 14 pages", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026: 14 APPOA pages plus 6 APPI pages make 20; v3.1 restores the figure (edit G-02).", "is_new": false, "links": [ { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "id": "D048", "group": "Documents and redline", "section": "3", "section_base": "3", "section_label": "Section 3", "claim": "Of the 474 differences: 324 are wording swaps ..., 47 are scan noise or renumbering, 15 come from the four recorded amendments, 8 show the redline started from an already edited draft ..., and 80 are substantive changes that the redline does not show. Those 80 group into 34 topics.", "status": "CORRECTED", "sources": [ "review-wp1" ], "source_doc": "This review: redline re-derivation (every change, marked and unmarked)", "source_location": "Section 4", "source_quote": "", "secondary": false, "computed": false, "correction": "Of the 515 differences: 300 are naming and wording swaps (for example \"the Association\" became \"APPOA\"), 74 are scan noise or renumbering, 23 show the redline started from an already edited draft (its \"original\" text includes a June 2026 date, a different developer name, and drafters' notes), 12 are drafting errors or are explained by the markup, 2 show recorded amendment text as if it were new, 1 matches a 2021 recorded amendment (the tree rule, Book 515 Page 602), and 103 are substantive changes that the redline does not show. Those 103, plus one whole section deleted without markup (the rule that vacant lots be kept maintained), group into 49 topics.", "notes": "Report v3.1 wording (edit R-07). One region (B0417, the tree rule) moved from substantive to a recorded 2021 amendment on October 19, 2026.", "is_new": false, "links": [], "href": "" }, { "id": "D049", "group": "Documents and redline", "section": "3", "section_base": "3", "section_label": "Section 3", "claim": "on about 26,000 words of governing documents", "status": "VERIFIED", "sources": [ "appi-bylaws-2026", "redline-2026", "bylaws-2026", "bylaws-inforce" ], "source_doc": "Revised APPI Bylaws (2026); Proposed Master Declaration, the Board's redline (48 pages); Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "word counts", "source_quote": "Declaration redline 19,450 words; APPOA Bylaws redline 4,948 words; APPI Bylaws 1,639 words", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026: 26,037 words in all. v3.0 and v3.1 say \"more than 24,000 words\", which is also true.", "is_new": false, "links": [ { "label": "Proposed Declaration (whole document)", "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "id": "M009", "group": "Minutes, posts and correspondence", "section": "3", "section_base": "3", "section_label": "Section 3", "claim": "Owners were given six days, October 15 to October 21, to submit questions", "status": "VERIFIED", "sources": [ "letter-2026-10-15" ], "source_doc": "Board letter to owners releasing the proposal (October 15, 2026; reposted October 18)", "source_location": "p. 1; arithmetic checked", "source_quote": "The deadline to submit questions is Wednesday, October 21st by 5:00 pm.", "secondary": false, "computed": false, "correction": "", "notes": "Arithmetic: Oct 15 to Oct 21, 2026 = 6 days. Checked October 19, 2026 against the saved letter; October 15 is the date of the portal post that carried it.", "is_new": false, "links": [], "href": "" }, { "id": "D050", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Each item below is in the proposed Declaration with no underline and no strike-through.", "status": "VERIFIED", "sources": [ "review-wp1" ], "source_doc": "This review: redline re-derivation (every change, marked and unmarked)", "source_location": "", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [], "href": "" }, { "id": "D051", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Debt against our property ... (revised APPOA Bylaws, Article 2, Section 2(m); proposed Declaration, Article Three, Section 3, page 14; 2013 Page 758)", "status": "CORRECTED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p14 lies in draft ARTICLE FOUR (Property Rights)", "source_quote": "draft table of contents: \"ARTICLE FOUR Property Rights\"", "secondary": false, "computed": false, "correction": "(revised APPOA Bylaws, Article 2, Section 2(m); proposed Declaration, Article Four, Section 3, page 14; 2013 Article Three, Section 3(a), Page 758)", "notes": "The draft renumbers the articles; Property Rights is Article Four in the draft.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 14", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=14" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=14" }, { "id": "D052", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The 2013 text tied any borrowing against the Common Areas to \"the Master Declaration, its Articles and Bylaws.\" That sentence is simply gone.", "status": "SOFTEN", "sources": [ "decl-2013" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Art. Three Sec. 3(a), Pg 758 (page image)", "source_quote": "\"(a) The right of the Association, in accordance with the Master Declaration, its Articles and Bylaws, to borrow money for the purpose of maintenance, repair and improvement of the Common Areas and in aid thereof to mortgage such properties;\"", "secondary": false, "computed": false, "correction": "The 2013 text let the Association borrow \"for the purpose of maintenance, repair and improvement of the Common Areas\" and mortgage them \"in aid thereof\", \"in accordance with the Master Declaration, its Articles and Bylaws\". That clause is simply gone.", "notes": "Adds the purpose limit, which is what owners lose.", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 758", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=12" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=12" }, { "id": "D053", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The Board may \"borrow money, contract debts, and issue bonds, notes and debentures ... or hypothecate any or all of its real or personal property as security\" up to $1,000,000 in total \"without approval of the Members.\"", "status": "VERIFIED", "sources": [ "bylaws-2026", "bylaws-inforce" ], "source_doc": "Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "p2", "source_quote": "see Section 1 row", "secondary": false, "computed": false, "correction": "", "notes": "Add: \"The Bylaws now in force (recorded Book 410 Page 798) have no borrowing clause; in the Bylaws redline the borrowing power itself is shown as unmarked text, and only the $1,000,000 cap is underlined.\"", "is_new": false, "links": [ { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "id": "D054", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Above $1,000,000, the amount over the limit needs approval only by \"a majority of the Members present in person or by proxy at the meeting of the Board of Directors at which the matter is considered.\"", "status": "VERIFIED", "sources": [ "bylaws-2026", "bylaws-inforce" ], "source_doc": "Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "p2", "source_quote": "\"...at which the+} {+matter is considered+};\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "id": "D055", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The proposed Declaration states that \"the Amenities are owned by APPOA\" (page 13).", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p13, Art. Three Sec. 5", "source_quote": "\"Section 5. AMENITIES: The Amenities are owned by APPOA and operated as an ongoing business\"", "secondary": false, "computed": false, "correction": "", "notes": "Capital \"The\" in the source; the report's lower-case \"the\" inside quotes is a minor mismatch: use \"[t]he Amenities are owned by APPOA\" or start the quote at \"Amenities\".", "is_new": false, "links": [ { "label": "Proposed Declaration, page 13", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=13" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=13" }, { "id": "D056", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Above $1,000,000: there is no ceiling, no member meeting, and no quorum stated. The vote happens at a Board meeting, and the bylaws require notice of Board meetings only to Directors.", "status": "VERIFIED", "sources": [ "bylaws-2026", "bylaws-inforce" ], "source_doc": "Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "Art. 2 Sec. 2(m); Art. 6 Secs. 2 and 3", "source_quote": "\"after not less than three (3) days notice to each Director\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "id": "D057", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "the revised Bylaws can be changed again by two-thirds of the Board.", "status": "VERIFIED", "sources": [ "bylaws-2026", "bylaws-inforce" ], "source_doc": "Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "revised Art. 12; in force Art. Eleven", "source_quote": "\"two thirds (2/3) of all the current Board Members in office\"", "secondary": false, "computed": false, "correction": "", "notes": "Same rule as the Bylaws in force; not a change.", "is_new": false, "links": [ { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "id": "D058", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The 2013 text lets the bylaws set procedures only for lots owned by a corporation or by more than one person.", "status": "VERIFIED", "sources": [ "decl-2013" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Art. Four Sec. 2, Pg 765 (page image)", "source_quote": "\"The Bylaws of APPOA may establish procedures for voting when the title to a Dwelling Unit or Lot is held in the name of a corporation or more than one person or entity.\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 765", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=19" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=19" }, { "id": "D059", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The proposal reads, unmarked: \"The Bylaws of APPOA shall establish procedures for eligibility and voting.\"", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p23", "source_quote": "\"The Bylaws of APPOA shall establish procedures for eligibility and voting.\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 23", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=23" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=23" }, { "id": "D060", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Newly inserted in Article 4, Section 5: \"APPOA may suspend the membership privileges of a Member, including the right to vote, who is not in good standing because they are not current in all fees and dues, has a lien filed against them by APPOA, or is otherwise in violation of the Declaration, these Bylaws, or APPOA's policies and procedures.\"", "status": "SOFTEN", "sources": [ "bylaws-2026", "bylaws-inforce" ], "source_doc": "Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "revised p4; in force Arts. Three Sec. 6 and Six Sec. 1(b)", "source_quote": "in force: \"Members in good standing may cast one vote\"; \"Suspend any Member's voting rights ... during any period in which such Member is not in good standing.\"", "secondary": false, "computed": false, "correction": "This is not hypothetical, and part of it is already the rule. The Bylaws in force let the Board suspend the vote of a member who is not in good standing (behind on dues or fees, or with a lien). The revised Bylaws, which the Board's letter says \"do not require Member approval,\" add a new ground. Newly inserted in Article 4, Section 5: \"APPOA may suspend the membership privileges of a Member, including the right to vote, who is not in good standing because they are not current in all fees and dues, has a lien filed against them by APPOA, or is otherwise in violation of the Declaration, these Bylaws, or APPOA's policies and procedures.\" In fairness, the same section protects a member who is current on an approved payment plan.", "notes": "Quote verified exactly against the redline (inserted text).", "is_new": false, "links": [ { "label": "Revised APPOA Bylaws, page 4", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf#page=4" } ], "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf#page=4" }, { "id": "D061", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Example: you are disputing a $150 fine, so you are not \"current in all fees.\" Or the Board decides you violated a policy it wrote. Either way, your vote ... can be suspended", "status": "SOFTEN", "sources": [ "bylaws-inforce", "bylaws-2026" ], "source_doc": "APPOA Bylaws in force (2013, recorded Book 410 Page 798); Revised APPOA Bylaws, the Board's redline (14 pages)", "source_location": "", "source_quote": "", "secondary": false, "computed": false, "correction": "Example: you are disputing a $150 fine, so you are not \"current in all fees.\" Under the Bylaws in force, that alone can already cost you your vote. Under the revised Bylaws, so can a Board finding that you violated a policy it wrote, and the bylaws that allow it can be changed again by two-thirds of the Board.", "notes": "", "is_new": false, "links": [ { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" }, { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" } ], "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" }, { "id": "D062", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "\"Member in good standing\" ... New, unmarked: \"A Member in good standing is one who is current in all dues and fees, has no liens issued by the APPOA against him or her, and is not suspended from the Amenities for violation of a procedure or policy.\"", "status": "VERIFIED", "sources": [ "redline-2026", "bylaws-inforce" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "draft p11; in force Art. Two", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "Add for fairness: \"The sentence is copied from the Bylaws now in force, where it already decides who may vote. What is new is putting it in the Declaration, together with the next sentence: 'Any questions of ownership or Membership shall be determined by the Board of Directors.'\"", "is_new": false, "links": [ { "label": "Proposed Declaration, page 11", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=11" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=11" }, { "id": "D063", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Minimum six-month lease ... \"A Member, as the Owner of an improved property (single family homes) may rent their property for a period of no less than six (6) months.\"", "status": "CORRECTED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p17", "source_quote": "\"...may rent their property for a period of no less than six (6) months, and tenants may use the amenities\"", "secondary": false, "computed": false, "correction": "\"A Member, as the Owner of an improved property (single family homes) may rent their property for a period of no less than six (6) months\".", "notes": "The source sentence continues after \"months\"; move the period outside the quotation marks.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 17", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=17" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=17" }, { "id": "D064", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Dues added to the lien covenant ... 2013: owners agree to pay \"(1) Annual Assessments and (2) Special Assessments,\" and liens may be placed \"for nonpayment of assessments.\" Proposed, unmarked: \"annual assessment, dues and special assessments,\" and liens \"for nonpayment when due.\"", "status": "VERIFIED", "sources": [ "redline-2026", "decl-2013" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "draft p23; 2013 Pg 765 (page image)", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "Add for fairness: the Bylaws in force (Art. Eight) already say dues are \"secured by a continuing lien\"; the recorded covenant, which binds title, did not.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 23", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=23" }, { "label": "2013 Declaration, Book 410 Page 765", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=19" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=23" }, { "id": "D065", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "APPI spending added to Common Expenses ... 2013: expenses \"made by the Association in carrying out its duties.\" Proposed, unmarked: \"all expenses and expenditures made by APPOA and APPI.\"", "status": "VERIFIED", "sources": [ "redline-2026", "decl-2013" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "draft p10; 2013 Pg 754 (page image)", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "Quotes match; the second continues \"in carrying out its duties\" (logical punctuation).", "is_new": false, "links": [ { "label": "Proposed Declaration, page 10", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=10" }, { "label": "2013 Declaration, Book 410 Page 754", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=8" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=10" }, { "id": "D066", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Your $2,760 amenity buy-in refund deleted (Article Six, Section 6, page 27; 2013 Page 769).", "status": "VERIFIED", "sources": [ "redline-2026", "decl-2013" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "draft p27; 2013 Pg 769 (page image)", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "Add the recorded condition: \"Such payment shall be only out of funds received by the Association (or the Recreational Amenities) paid by the purchaser of such property.\"", "is_new": false, "links": [ { "label": "Proposed Declaration, page 27", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=27" }, { "label": "2013 Declaration, Book 410 Page 769", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=23" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=27" }, { "id": "D067", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "In February 2012, four months before the Association took title ... (Special Warranty Deed, Book 401 Page 197, June 15, 2012), the developer recorded the Fifteenth Amendment (Book 396 Page 754).", "status": "VERIFIED", "sources": [ "fifteenth-2012", "decl-2013" ], "source_doc": "Fifteenth Amendment to the original Declaration, recorded Book 396 Page 754 (scan); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Fifteenth Amendment p1 (filed 02/21/2012); 2013 recitals Pg 751 and Art. Two Sec. 1 Pg 756", "source_quote": "\"THIS FIFTEENTH AMENDMENT ... is made as of this 15th day of February, 2012, by ALBEMARLE PLANTATION HOLDINGS, LLC\"; 2013: \"as specified in the Special Warranty Deed recorded in Book 401, Page 197 on June 15, 2012\"", "secondary": false, "computed": false, "correction": "", "notes": "The deed itself is not on disk; the date and book and page are recited in the recorded 2013 Declaration.", "is_new": false, "links": [ { "label": "Fifteenth Amendment (2012), page 1", "href": "docs/fifteenth-amendment-2012-bk396-pg754.pdf#page=1" }, { "label": "2013 Declaration, Book 410 Page 751", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=5" }, { "label": "2013 Declaration, Book 410 Page 756", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=10" } ], "href": "docs/fifteenth-amendment-2012-bk396-pg754.pdf#page=1" }, { "id": "D068", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "It was carried into the 2013 Declaration as Article Five, Section 6", "status": "VERIFIED", "sources": [ "fifteenth-2012" ], "source_doc": "Fifteenth Amendment to the original Declaration, recorded Book 396 Page 754 (scan)", "source_location": "Fifteenth Amendment p4 (Bk 396 Pg 757)", "source_quote": "\"(d) Refund of Recreational Assessment by Future Owners. The Association shall keep a record of all special assessments which have been paid by each Owner.\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Fifteenth Amendment (2012), Page 757", "href": "docs/fifteenth-amendment-2012-bk396-pg754.pdf#page=4" } ], "href": "docs/fifteenth-amendment-2012-bk396-pg754.pdf#page=4" }, { "id": "D069", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "(d) The Association \"shall keep a record of all special assessments which have been paid by each Owner,\" and an owner \"shall be entitled to a refund\" ... (d) \"The Association ... will require each new Owner to pay an amount equal to the Recreational Assessment of the prior owner.\"", "status": "VERIFIED", "sources": [ "decl-2013" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Pg 769 (page image)", "source_quote": "\"The Association, as owner of the Recreational Amenities, will require each new Owner to pay an amount equal to the Recreational Assessment of the prior owner, in addition to any initiation fees due to the Recreational Amenities.\"", "secondary": false, "computed": false, "correction": "", "notes": "Last quote continues after \"prior owner\"; logical punctuation.", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 769", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=23" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=23" }, { "id": "D070", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The word \"refund\" does not appear anywhere in the proposed Declaration, the revised APPOA Bylaws or the revised APPI Bylaws.", "status": "VERIFIED", "sources": [ "redline-2026", "bylaws-2026", "bylaws-inforce", "appi-bylaws-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798); Revised APPI Bylaws (2026)", "source_location": "full text", "source_quote": "0 occurrences of refund in the Declaration, the APPOA Bylaws or the revised APPI Bylaws", "secondary": false, "computed": false, "correction": "", "notes": "The Declaration and the APPOA Bylaws were checked in the first pass. Checked October 19, 2026: the revised APPI Bylaws, now on hand, do not contain the word either; v3.1 restores the APPI Bylaws to the sentence (edit G-03).", "is_new": false, "links": [ { "label": "Proposed Declaration (whole document)", "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "id": "D071", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The Board could keep charging buyers through its fee schedule, which it controls, with no written duty to refund sellers.", "status": "VERIFIED", "sources": [ "fees-2026" ], "source_doc": "2026 Fee Schedule (revised April 15, 2026)", "source_location": "\"Initiation Fee (Mandatory-Due Upon Purchase of First Property)\"", "source_quote": "\"Social or Golf Membership $10,000\"", "secondary": false, "computed": false, "correction": "", "notes": "Context worth adding: the 2026 Fee Schedule already charges each buyer a mandatory $10,000 initiation fee.", "is_new": false, "links": [ { "label": "2026 Fee Schedule (whole document)", "href": "docs/fee-schedule-2026-revised-2026-04-15.pdf" } ], "href": "docs/fee-schedule-2026-revised-2026-04-15.pdf" }, { "id": "D072", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Political material ... New, unmarked language bans: \"Distribution of political related material ... with respect to AP Board of Directors elections, ... within AP.\"", "status": "CORRECTED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p43", "source_quote": "final text: \"...with respect to the APPOA Board of Directors elections, by placing the same in envelopes or clipped to or placed under the door, or in the mail box slot, or newspaper box of any residence or building within the APPOA Community.\"", "secondary": false, "computed": false, "correction": "\"Distribution of political related material, promotions, or campaign material whether on a national, state, county, local municipality or with respect to the APPOA Board of Directors elections, by placing the same in envelopes or clipped to or placed under the door, or in the mail box slot, or newspaper box of any residence or building within the APPOA Community.\"", "notes": "v2.7 quotes the redline's unmarked base (\"AP Board ... within AP\"); the final text with marks accepted reads as shown. The ban's wording is otherwise unmarked.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 43", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=43" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=43" }, { "id": "D073", "group": "Documents and redline", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "None of this is in the recorded 2013 text or any recorded amendment.", "status": "SOFTEN", "sources": [ "decl-2013" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Art. Ten Sec. 27(f), Pg 783", "source_quote": "\"(f) Distribution of handbills or advertisements of any kind by placing the same in envelopes or clipped to or placed under the door or in the mail box or slot of any residence or building.\"", "secondary": false, "computed": false, "correction": "The political, campaign and Board-election material, \"political activism\", and the organizing exclusion are not in the recorded 2013 text or any recorded amendment. (The 2013 text already banned leaving \"handbills or advertisements of any kind\" in doors and mail slots.)", "notes": "", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 783", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=37" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=37" }, { "id": "D074", "group": "Documents and redline", "section": "4 (table)", "section_base": "4", "section_label": "Section 4 (table)", "claim": "\"Dues\" written into the Amenities definition and Common Area suspension clause | 9, 12, 14 | Pg 753, 756, 758", "status": "CORRECTED", "sources": [ "redline-2026", "decl-2013" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "draft p8 (\"on a fee or dues basis\"); 2013 \"Recreational Amenities\" definition Pg 755", "source_quote": "", "secondary": false, "computed": false, "correction": "8, 12, 14 | Pg 755, 756, 758", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 8", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=8" }, { "label": "2013 Declaration, Book 410 Page 755", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=9" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=8" }, { "id": "D075", "group": "Documents and redline", "section": "4 (table)", "section_base": "4", "section_label": "Section 4 (table)", "claim": "Permission for a permanent owner name sign removed | 42 | Pg 782", "status": "CORRECTED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "struck original p39; new section p42", "source_quote": "", "secondary": false, "computed": false, "correction": "39, 42 | Pg 782", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 39", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=39" }, { "label": "Proposed Declaration, page 42", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=42" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=39" }, { "id": "D076", "group": "Documents and redline", "section": "4 (table)", "section_base": "4", "section_label": "Section 4 (table)", "claim": "Amenities, restaurant and townhome wording | 11-12 | Pg 755-756", "status": "CORRECTED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "townhome p10 (Pg 754); restaurants p12 (Pg 756)", "source_quote": "", "secondary": false, "computed": false, "correction": "10, 12 | Pg 754, 756", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 10", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=10" }, { "label": "Proposed Declaration, page 12", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=12" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=10" }, { "id": "D077", "group": "Documents and redline", "section": "4 (table)", "section_base": "4", "section_label": "Section 4 (table)", "claim": "Insurance premiums wording (\"budgeted\" to \"through the appropriate budget\")", "status": "CORRECTED", "sources": [ "decl-2013" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Pg 773", "source_quote": "2013: \"shall be deemed to be general expenses of the Association and shall be budgeted and paid by the Association through the appropriate budget\"", "secondary": false, "computed": false, "correction": "Insurance premiums no longer \"deemed to be general expenses\" or \"budgeted\"", "notes": "", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 773", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=27" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=27" }, { "id": "D078", "group": "Documents and redline", "section": "4 (table)", "section_base": "4", "section_label": "Section 4 (table)", "claim": "Developer and Supplemental Declaration definitions removed", "status": "CORRECTED", "sources": [ "decl-2013" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Pg 754 to 756", "source_quote": "\"Declarant\" ...; \"Development\" or \"Community\" ...; \"Supplemental Declaration\"", "secondary": false, "computed": false, "correction": "Declarant, Development and Supplemental Declaration definitions removed", "notes": "", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Pages 754 to 756", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=8" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=8" }, { "id": "D079", "group": "Documents and redline", "section": "4 (table)", "section_base": "4", "section_label": "Section 4 (table)", "claim": "Bylaws \"shall establish procedures for eligibility and voting\" | 23", "status": "CORRECTED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "heading p22, sentence p23", "source_quote": "", "secondary": false, "computed": false, "correction": "22 to 23", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 22", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=22" }, { "label": "Proposed Declaration, page 23", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=23" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=22" }, { "id": "D080", "group": "Documents and redline", "section": "4 (table)", "section_base": "4", "section_label": "Section 4 (table)", "claim": "\"Member in good standing\" test added to Member definition | 11 | Pg 754-755", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "Add the Board-determines-membership sentence to this row.", "is_new": false, "links": [ { "label": "Proposed Declaration (whole document)", "href": "docs/proposed-declaration-2026-board-redline.pdf" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "id": "D081", "group": "Documents and redline", "section": "4 (table)", "section_base": "4", "section_label": "Section 4 (table)", "claim": "all other rows of the full list (page and Pg cites)", "status": "VERIFIED", "sources": [ "review-wp1" ], "source_doc": "This review: redline re-derivation (every change, marked and unmarked)", "source_location": "Section 5 table", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "See WP1 Section 5; only the rows above need changes.", "is_new": false, "links": [], "href": "" }, { "id": "F005", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The Association's 2025 audit (Note 21) reports that \"In April 2026, the Organization entered into a note payable for $1,000,000.\"", "status": "VERIFIED", "sources": [ "audit-2025", "loan-2026" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP); Promissory Note and Deed of Trust Securing Future Advances, April 16, 2026", "source_location": "Audit Note 21, PDF p. 25 (printed p. 23); loan file PDF p. 29 (Promissory Note, page 1)", "source_quote": "\"In April 2026, the Organization entered into a note payable for $1,000,000.\" / Note: \"Principal Amount: $1,000,000.00\" \"Date of Note: April 16, 2026\"", "secondary": false, "computed": false, "correction": "", "notes": "Born-digital PDF; quote taken from the text layer and confirmed on the rendered page image (work/renders/financial). Promissory Note page is a scan; image checked (loan_p029.png). Borrower on the note is the Association itself. Loan and account numbers on that page are not recorded here.", "is_new": false, "links": [], "href": "" }, { "id": "F006", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "It runs seven years at 6.40%", "status": "VERIFIED", "sources": [ "audit-2025", "loan-2026" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP); Promissory Note and Deed of Trust Securing Future Advances, April 16, 2026", "source_location": "Audit Note 21, PDF p. 25 (printed p. 23); loan file PDF p. 29", "source_quote": "\"The note has a term of seven years, maturing in April 2033.\" / \"Interest is incurred on unpaid principal balances at a rate of 6.40% per annum.\"", "secondary": false, "computed": false, "correction": "", "notes": "Note: loan date 04-16-2026, maturity 04-16-2033, rate \"6.400% per annum\". Image checked.", "is_new": false, "links": [], "href": "" }, { "id": "F007", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "with 18 months of interest-only payments", "status": "VERIFIED", "sources": [ "audit-2025", "loan-2026" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP); Promissory Note and Deed of Trust Securing Future Advances, April 16, 2026", "source_location": "Audit Note 21, PDF p. 25 (printed p. 23); loan file PDF p. 29", "source_quote": "\"1) 18 monthly interest payments\"", "secondary": false, "computed": false, "correction": "", "notes": "Note: \"18 monthly consecutive interest payments, beginning May 16, 2026\", then \"65 monthly consecutive principal and interest payments of $7,452.30 each, beginning November 16, 2027\".", "is_new": false, "links": [], "href": "" }, { "id": "F008", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "and a final balloon payment of $846,121 due April 16, 2033", "status": "VERIFIED", "sources": [ "audit-2025", "loan-2026" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP); Promissory Note and Deed of Trust Securing Future Advances, April 16, 2026", "source_location": "Audit Note 21, PDF p. 25 (printed p. 23); loan file PDF p. 29", "source_quote": "\"3) 1 final principal and interest payment of $846,121 on April 16, 2033\"", "secondary": false, "computed": false, "correction": "", "notes": "The note gives \"$846,120.89 on April 16, 2033\" and calls it an \"estimated final payment\"; the audit rounds to $846,121. \"Balloon\" is the report's word.", "is_new": false, "links": [], "href": "" }, { "id": "F009", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "and it \"is secured by certain real property, all inventory, receivables, and equipment.\"", "status": "CORRECTED", "sources": [ "audit-2025", "loan-2026" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP); Promissory Note and Deed of Trust Securing Future Advances, April 16, 2026", "source_location": "Audit Note 21, PDF p. 25 (printed p. 23); loan file PDF pp. 32, 38 to 40", "source_quote": "\"The note is secured by certain real property, all inventory, receivables, and equipment, as defined in the promissory note.\"", "secondary": false, "computed": false, "correction": "and it \"is secured by certain real property, all inventory, receivables, and equipment, as defined in the promissory note.\"", "notes": "Quote boundary: v2.7 closes the quotation with a period the source does not have at that point; the sentence continues. Loan file agrees: Commercial Security Agreement (PDF p. 32) collateral \"All Inventory, Chattel Paper, Accounts, Equipment, Documents and General Intangibles\"; Deed of Trust Exhibit A (PDF pp. 39 to 40) parcels: golf course, driving range, pro shop, clubhouse and miscellaneous Phase 1 facilities; swimming pool and pool house. Images checked.", "is_new": false, "links": [], "href": "" }, { "id": "F010", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The loan documents produced in Lawrance v. APPOA include a \"Deed of Trust Securing Future Advances.\"", "status": "VERIFIED", "sources": [ "loan-2026" ], "source_doc": "Promissory Note and Deed of Trust Securing Future Advances, April 16, 2026", "source_location": "PDF p. 38 of 70", "source_quote": "\"DEED OF TRUST SECURING FUTURE ADVANCES\" / \"THIS DEED OF TRUST is dated April 16, 2026\"", "secondary": false, "computed": false, "correction": "", "notes": "Scanned page; image checked (loan_p038.png). Heading is in capitals; title case in the report is fine. Grantor: the Association; lender: First National Bank of Pennsylvania. The note (PDF p. 30) says \"This Note evidences a non-revolving line of credit followed by a repayment phase\", which fits the title. The loan file is not in the report's Sources list (see the Sources row).", "is_new": false, "links": [], "href": "" }, { "id": "F011", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "It is real money, and the Association is refunding it right now.", "status": "VERIFIED", "sources": [ "gl-2023-2026", "audit-2025" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026; APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Account 8214, January to April 2026; audit Note 12, PDF p. 21", "source_quote": "[computed from ledger rows] 10 refund checks ($24,240) and 6 refunds deducted at closing ($16,000) in January to April 2026 / \"The Association will repay the $2,760 or $2,200 special assessment at the time a property owner sells their property.\"", "secondary": false, "computed": true, "correction": "", "notes": "\"Right now\" rests on ledger data through April 30, 2026 and the audit dated July 30, 2026.", "is_new": false, "links": [], "href": "" }, { "id": "F012", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "APPOA's general ledger for January 2023 through April 2026, produced in Lawrance v. APPOA, records it as the \"Improved Special Assessment\" and \"Special Assessment Refund\"", "status": "VERIFIED", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Accounts 4102 and 8214, January 2023 to April 2026. GL PDFs: 2023 pp. 797 to 801; 2024 pp. 826 to 831; 2025 pp. 778 to 780 (4102) and 872 to 873 (8214); 2026 pp. 133 to 134 (8214)", "source_quote": "Ledger labels \"Improved Special Assessment\", \"Unimproved Special Assessment\", \"Unimproved to Improved Special Assessment\", \"Special Assessment Refund\"; account names \"4102 Special Assessments\" and \"8214 Special Assessment Refunds\"", "secondary": false, "computed": false, "correction": "", "notes": "CSV dates run January 2023 to April 2026; 2026 PDF is \"As of April 30, 2026\". Only generic label text is quoted; many memos also carry a lot, address or name. The CSV ties row for row to the produced GL PDFs for 4102 and 8214 (381 rows, 0 mismatches, script f17).", "is_new": false, "links": [], "href": "" }, { "id": "F013", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "$2,760 for a home, $2,200 for an unimproved lot (80% of the home amount), and $560 when a lot owner builds and moves up to the home rate.", "status": "CORRECTED", "sources": [ "gl-2023-2026", "decl-2013" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026; Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Ledger accounts 4102 and 1008 (charges to buyers); Declaration PDF p. 23, stamp BK 410 PG 769 (printed p. 22), Art. Five Sec. 6(c)", "source_quote": "Declaration: \"Category 1 Owners will be assessed eighty percent (80%) of the amount of the special assessment to a Category 2 Owner in connection with the acquisition of the Amenities.\" / Ledger: charges of 2,760.00 labeled \"Improved Special Assessment\", 2,200.00 \"Unimproved Special Assessment\", 560.00 \"Unimproved to Improved Special Assessment\"", "secondary": false, "computed": false, "correction": "$2,760 for a home, $2,200 for an unimproved lot, and $560 when a lot owner builds and moves up to the home rate. (The recorded Declaration sets the lot amount at \"eighty percent (80%)\" of the home amount; $2,200 is 79.7% of $2,760.)", "notes": "80% of $2,760 is $2,208. No source on disk explains how $2,760 and $2,200 were set (the 2012 assessment notice or ballot would). Audit Note 12 gives the two amounts with no percentage. For comparison, the quarterly lot rate is exactly 80% of the home rate ($586.91 / $733.64). OCR text checked against the page image of the recorded scan (work/renders/financial/dec2013_p23.png); typographic quote marks normalized to straight quotes.", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 769", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=23" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=23" }, { "id": "F014", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "When a property sells, the buyer pays in.", "status": "SOFTEN", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Account 4102, type Invoice (charges to buyers), and account 1008 receivable, 2023 to 2026", "source_quote": "[computed from ledger rows] charges to buyers: 53 in 2023, 80 in 2024, 36 in 2025; the last is dated August 2025; none from August 2025 to April 2026", "secondary": false, "computed": true, "correction": "Until August 2025, when a property sold, the buyer paid in.", "notes": "Present tense no longer matches the ledger after August 2025. Script f24 (table T6).", "is_new": false, "links": [], "href": "" }, { "id": "F015", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The 2026 entries read, for example, \"Home Resale: ... $2,760\" and \"Lot Resale: ... $2,200.\"", "status": "CONTRADICTED", "sources": [ "gl-2023-2026", "audit-2025" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026; APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Account 8214, type Deposit, February 2026 to April 2026 (GL 2026 PDF pp. 133 to 134), with the same-day 7400 Initiation Fees and bank lines; audit Note 2, PDF p. 13 (printed p. 11)", "source_quote": "[computed from ledger rows] each of the six lines is a debit of 2,760.00 or 2,200.00 (the same side as refund checks) inside a deposit that credits 7400 INITIATION FEES 10,000.00; the bank received 7,240.00 (home) or 7,800.00 (lot). GL 2026 PDF: \"Total 8214 Special Assessment Refunds 40,240.00\" (24,240 checks + 16,000 these lines). Audit: \"New property owners are charged a one-time member assessment (initiation fee) $10,000 per property\"", "secondary": false, "computed": true, "correction": "In 2026 the ledger shows no special assessment charged to buyers. On six resales from February to April 2026, entries labeled \"Home Resale\" or \"Lot Resale\" deduct the seller's $2,760 or $2,200 refund from the buyer's $10,000 initiation fee, and the Association deposits the rest.", "notes": "The entries show refunds going out to sellers, not buyers paying in. The memo text carries no dollar figure (the amount is a separate column); after \"Home Resale:\" or \"Lot Resale:\" it gives an address or lot and a name, so it must not be quoted beyond the label. Sign convention confirmed in the produced 2026 PDF and by each deposit balancing (bank + refund = initiation fee). Scripts f06, f07, f17, f24 (table T8).", "is_new": false, "links": [], "href": "" }, { "id": "F016", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The seller gets it back.", "status": "VERIFIED", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Accounts 4102 and 8214, type Check, 2023 to April 2026", "source_quote": "[computed from ledger rows] 169 refund checks, $427,840; ledger label \"Special Assessment Refund\"", "secondary": false, "computed": true, "correction": "", "notes": "Payees are sellers; names are not recorded here.", "is_new": false, "links": [], "href": "" }, { "id": "F017", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "In 2025 the Association opened a separate account for these checks, \"Special Assessment Refunds.\"", "status": "VERIFIED", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Account 8214 (GL 2025 PDF pp. 872 to 873); account 4102 (pp. 778 to 780)", "source_quote": "[computed from ledger rows] first 8214 entry September 2025; last 4102 refund check August 2025; journal entry of September 2025 moves $17,680 from 4102 to 8214; no 4102 entries after September 2025. Ledger memo on entries dated August 2025 and September 2025: \"To move August SA Refunds to new line after 8/8/25 Decision\"", "secondary": false, "computed": true, "correction": "", "notes": "Optional precision: \"In September 2025\". The memo quoted is fully generic (checked: no names). 8214's 2025 total, $67,840 ($50,160 checks + $17,680 journal), equals the audit's 2025 refund expense ($1,926,800) less the year-end liability ($1,858,960).", "is_new": false, "links": [], "href": "" }, { "id": "F018", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Refund checks table: 2023: 49 refund checks, $124,600", "status": "VERIFIED", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Accounts 4102 and 8214, type Check, amount not zero, year 2023. GL PDFs: 2023 pp. 797 to 801; 2024 pp. 826 to 831; 2025 pp. 778 to 780 (4102) and 872 to 873 (8214); 2026 pp. 133 to 134 (8214)", "source_quote": "[computed from ledger rows] 49 checks, $124,600; the produced GL PDF gives the same rows", "secondary": false, "computed": true, "correction": "", "notes": "Rule: every Check row in account 4102 or 8214 with a nonzero amount (voided checks are recorded at $0). 30 x $2,760, 19 x $2,200; 1 voided check at $0 not counted. 2 of the 49 are lost checks (September 2023, October 2023) that the ledger reversed by journal entry on October 2023 and November 2023 when they were replaced (net 47 / $119,080). A year-end December 2023 journal line also records a $2,760 \"Special Assessment Reimbursment\" (sic) outflow charged to 4102.", "is_new": false, "links": [], "href": "" }, { "id": "F019", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Refund checks table: 2024: 53 refund checks, $138,440", "status": "VERIFIED", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Accounts 4102 and 8214, type Check, amount not zero, year 2024. GL PDFs: 2023 pp. 797 to 801; 2024 pp. 826 to 831; 2025 pp. 778 to 780 (4102) and 872 to 873 (8214); 2026 pp. 133 to 134 (8214)", "source_quote": "[computed from ledger rows] 53 checks, $138,440; the produced GL PDF gives the same rows", "secondary": false, "computed": true, "correction": "", "notes": "Rule: every Check row in account 4102 or 8214 with a nonzero amount (voided checks are recorded at $0). 39 x $2,760, 14 x $2,200; 3 voided checks not counted. Four of the 53 (two on June 2024, August 2024, October 2024) were never received; replacements were posted to account 8404 in February 2025 and the originals written back, so each refund is counted once.", "is_new": false, "links": [], "href": "" }, { "id": "F020", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Refund checks table: 2025: 57 refund checks, $140,560", "status": "VERIFIED", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Accounts 4102 and 8214, type Check, amount not zero, year 2025. GL PDFs: 2023 pp. 797 to 801; 2024 pp. 826 to 831; 2025 pp. 778 to 780 (4102) and 872 to 873 (8214); 2026 pp. 133 to 134 (8214)", "source_quote": "[computed from ledger rows] 57 checks, $140,560; the produced GL PDF gives the same rows", "secondary": false, "computed": true, "correction": "", "notes": "Rule: every Check row in account 4102 or 8214 with a nonzero amount (voided checks are recorded at $0). 37 / $90,400 in 4102 through August 2025, plus 20 / $50,160 in 8214 from September 2025; 30 x $2,760, 26 x $2,200, 1 x $560; 5 voided checks not counted. One check (January 2025) was never received and was replaced on February 2025 through 8404.", "is_new": false, "links": [], "href": "" }, { "id": "F021", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Refund checks table: 2026 (January 1 to April 30 only): 10 refund checks, $24,240", "status": "VERIFIED", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Accounts 4102 and 8214, type Check, amount not zero, year 2026. GL PDFs: 2023 pp. 797 to 801; 2024 pp. 826 to 831; 2025 pp. 778 to 780 (4102) and 872 to 873 (8214); 2026 pp. 133 to 134 (8214)", "source_quote": "[computed from ledger rows] 10 checks, $24,240; the produced GL PDF gives the same rows", "secondary": false, "computed": true, "correction": "", "notes": "Rule: every Check row in account 4102 or 8214 with a nonzero amount (voided checks are recorded at $0). 8214 only; 4 x $2,760, 6 x $2,200; 1 voided check (March 2026) not reissued by April 2026. Not counted because not checks: 6 refunds totaling $16,000 deducted from buyers' initiation fees at closing (February to April 2026).", "is_new": false, "links": [], "href": "" }, { "id": "F022", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Refund checks table: Total: 169 refund checks, $427,840", "status": "VERIFIED", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Accounts 4102 and 8214, type Check, amount not zero. GL PDFs: 2023 pp. 797 to 801; 2024 pp. 826 to 831; 2025 pp. 778 to 780 (4102) and 872 to 873 (8214); 2026 pp. 133 to 134 (8214)", "source_quote": "[computed from ledger rows] 169 checks, $427,840 (103 x $2,760, 65 x $2,200, 1 x $560); 10 voided checks at $0 excluded", "secondary": false, "computed": true, "correction": "", "notes": "Rule: every Check row in account 4102 or 8214 with a nonzero amount (voided checks are recorded at $0). Alternatives tested: all Check rows including $0 voids = 179 rows, $427,840; requiring the word \"refund\" in the memo = 54 checks, $133,360 (the old undercount: 115 refund checks carry the label \"Improved/Unimproved Special Assessment\" instead); net of the 2 reversed 2023 originals = 167, $422,320. PDF parse (f17) gives 169 / $427,840 independently.", "is_new": false, "links": [], "href": "" }, { "id": "F023", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Refund checks table, column header: \"Paid back to owners\"", "status": "SOFTEN", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Accounts 4102, 8214, 8424 (bank), General Journal October 2023, November 2023, December 2023", "source_quote": "[computed from ledger rows] the column totals check entries; in 2023 two of them ($5,520) were stopped and reversed by journal entry when replaced", "secondary": false, "computed": true, "correction": "Amount of refund checks", "notes": "Cash actually paid by check in 2023 was $119,080. Refunds made outside checks (a December 2023 journal entry of $2,760; $16,000 deducted at closing in 2026) are not in the table, so the table is a count of check entries, not a full measure of money paid back.", "is_new": false, "links": [], "href": "" }, { "id": "F024", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Source: APPOA general ledger, Special Assessments (account 4102) and Special Assessment Refunds (account 8214).", "status": "VERIFIED", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Accounts 4102 and 8214", "source_quote": "Account names \"4102 Special Assessments\" and \"8214 Special Assessment Refunds\"", "secondary": false, "computed": false, "correction": "", "notes": "In the PDFs, 4102 has sub-accounts 4102.01 Improved and 4102.02 Unimproved; the CSV folds them into 4102.", "is_new": false, "links": [], "href": "" }, { "id": "F025", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Every check is $2,760, $2,200 or $560;", "status": "VERIFIED", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Accounts 4102 and 8214, type Check, amount not zero", "source_quote": "[computed from ledger rows] 103 at 2,760.00; 65 at 2,200.00; 1 at 560.00 (June 2025)", "secondary": false, "computed": true, "correction": "", "notes": "Refund-line amounts. Six of the bank-side checks carrying these refunds were for a different total (see next row).", "is_new": false, "links": [], "href": "" }, { "id": "F026", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "165 of the 169 match a bank-account check on the same date for the same amount.", "status": "CORRECTED", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Accounts 4102, 8214 and bank accounts 8424 FNB Operating and 4747 FNB Unrestricted Reserve", "source_quote": "[computed from ledger rows] one-to-one match to a bank check to the same payee, same date, same amount: 163 of 169. Loose match (any bank check, same date, same amount, no payee check): 165 of 169", "secondary": false, "computed": true, "correction": "163 of the 169 match a bank-account check to the same payee on the same date for the same amount; the other 6 went out in a single check to the same payee for a different total, 5 larger and 1 smaller (a bill the owner owed was deducted).", "notes": "The loose rule counts 2 refunds that \"match\" another payee's check of the same amount on the same day; their own checks were combined checks. No payee has two refund lines on one day, so each refund line is a separate check. Same-payee checks came from FNB Operating (153) and FNB Unrestricted Reserve (16). Scripts f05, f06, f15, f24 (table T5).", "is_new": false, "links": [], "href": "" }, { "id": "F027", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The count includes a few replacement checks for lost or voided originals.", "status": "CORRECTED", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Accounts 4102, 8214, 8404, bank 8424; General Journal October 2023 and November 2023", "source_quote": "[computed from ledger rows] 10 voided checks at $0 (not counted) were reissued as 7 checks (counted); 2 lost checks of September 2023 and October 2023 were replaced on October 2023 and November 2023, and same-day journal entries credited 4102 and returned $2,760 each to the bank, but the originals remain Check rows", "secondary": false, "computed": true, "correction": "The count includes 9 replacement checks: 7 reissued after the original was voided (voided checks are recorded at $0 and not counted) and 2 in October and November 2023 that replaced lost checks. The ledger reversed those 2 originals by journal entry but still lists them as checks, so net of them the total is 167 checks and $422,320.", "notes": "Also: 5 checks (June 2024 to January 2025) were never received; replacements were posted to account 8404 in February 2025 (outside 4102 and 8214) and the originals written back, so those refunds are counted once. One void (March 2026) had no reissue by April 2026. Payee linkage done in memory with hashed names; no names recorded. Scripts f06 to f11.", "is_new": false, "links": [], "href": "" }, { "id": "F028", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "(Special Warranty Deed, Book 401 Page 197, June 15, 2012)", "status": "VERIFIED", "sources": [ "decl-2013", "audit-2025", "loan-2026" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages); APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP); Promissory Note and Deed of Trust Securing Future Advances, April 16, 2026", "source_location": "Declaration PDF p. 10, stamp BK 410 PG 756 (printed p. 9), Art. Two Sec. 1; audit Note 1, PDF p. 10; loan file PDF p. 39", "source_quote": "\"the Association owns all of the existing Recreational Amenities as specified in the Special Warranty Deed recorded in Book 401, Page 197 on June 15, 2012.\"", "secondary": false, "computed": false, "correction": "", "notes": "OCR text checked against the page image of the recorded scan (work/renders/financial/dec2013_p10.png); typographic quote marks normalized to straight quotes. Audit Note 1: \"on June 14, 2012, the Association purchased the related property and equipment\" (purchase June 14, deed recorded June 15). Loan Exhibit A also cites \"Deed Book 401, Page 197\" for the golf course and pool parcels.", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 756", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=10" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=10" }, { "id": "F029", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "In February 2012, four months before the Association took title to the golf course, clubhouse, marina and other amenities (Special Warranty Deed, Book 401 Page 197, June 15, 2012), the developer recorded the Fifteenth Amendment (Book 396 Page 754). It was carried into the 2013 Declaration as Article Five, Section 6:", "status": "VERIFIED", "sources": [ "decl-2013" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Declaration PDF p. 5, stamp BK 410 PG 751 (printed p. 4), Recital A", "source_quote": "\"a Fifteenth Amendment recorded in Book 396, Page 754, Perquimans County Registry (the Declaration as amended by the First through the Fifteenth Amendments is herein collectively referred to as the \"Original Declaration\").\"", "secondary": false, "computed": false, "correction": "", "notes": "Book 396 Page 754 is confirmed; the February 2012 date, who recorded it, and that its text is the source of Article Five, Section 6 need the recorded Fifteenth Amendment (Perquimans County Register of Deeds, Book 396 Page 754), which is not on disk. \"Before\" in the fallback rests on book order (Book 396 precedes Book 401). OCR text checked against the page image of the recorded scan (work/renders/financial/dec2013_p05.png); typographic quote marks normalized to straight quotes. | Main-thread override: the recorded Fifteenth Amendment (Book 396 Page 754, filed 02/21/2012, made as of February 15, 2012 by Albemarle Plantation Holdings, LLC) was read from page images; its Section 6(c) and 6(d) (Bk 396 Pg 757) match 2013 Article Five Section 6(c) and 6(d). File copied to work\\sources_copy\\Fifteenth_Amendment_2012-02-15.pdf.", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 751", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=5" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=5" }, { "id": "F030", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "(c) Unimproved lots pay 80% of what a home pays toward the amenity purchase.", "status": "VERIFIED", "sources": [ "decl-2013" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Declaration PDF p. 23, stamp BK 410 PG 769 (printed p. 22), Art. Five Sec. 6(c)", "source_quote": "\"Category 1 Owners will be assessed eighty percent (80%) of the amount of the special assessment to a Category 2 Owner in connection with the acquisition of the Amenities.\"", "secondary": false, "computed": false, "correction": "", "notes": "Category 1 = owners of unimproved lots; Category 2 = owners of a Dwelling. OCR text checked against the page image of the recorded scan (work/renders/financial/dec2013_p23.png); typographic quote marks normalized to straight quotes.", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 769", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=23" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=23" }, { "id": "F031", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "(d) The Association \"shall keep a record of all special assessments which have been paid by each Owner,\" and an owner \"shall be entitled to a refund\" when selling, paid out of what the buyer pays, or directly by the buyer at closing.", "status": "VERIFIED", "sources": [ "decl-2013" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Declaration PDF p. 23, stamp BK 410 PG 769 (printed p. 22), Art. Five Sec. 6(d)", "source_quote": "\"The Association shall keep a record of all special assessments which have been paid by each Owner.\" / \"shall be entitled to a refund of the Recreational Assessment paid by such Owner\" / \"Such payment shall be only out of funds received by the Association (or the Recreational Amenities) paid by the purchaser of such property. Alternatively, the selling member may obtain a direct refund of the Recreational Assessment from the purchaser of his property at closing\"", "secondary": false, "computed": false, "correction": "", "notes": "Quotes exact. The refund is also \"less any outstanding obligations to the Association or the Recreational Amenities of such Member including dues or otherwise\" (the ledger shows one 2024 refund netted against a bill). Question for counsel: how \"only out of funds received ... paid by the purchaser\" applies now that buyers no longer pay the assessment. OCR text checked against the page image of the recorded scan (work/renders/financial/dec2013_p23.png); typographic quote marks normalized to straight quotes.", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 769", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=23" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=23" }, { "id": "F032", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "(d) \"The Association ... will require each new Owner to pay an amount equal to the Recreational Assessment of the prior owner.\"", "status": "CORRECTED", "sources": [ "decl-2013" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Declaration PDF p. 23, stamp BK 410 PG 769 (printed p. 22), Art. Five Sec. 6(d)", "source_quote": "\"The Association, as owner of the Recreational Amenities, will require each new Owner to pay an amount equal to the Recreational Assessment of the prior owner, in addition to any initiation fees due to the Recreational Amenities.\"", "secondary": false, "computed": false, "correction": "(d) \"The Association ... will require each new Owner to pay an amount equal to the Recreational Assessment of the prior owner, in addition to any initiation fees due to the Recreational Amenities.\"", "notes": "Quote boundary: v2.7 ends with a period where the source sentence continues. The omitted clause matters: in 2026 the ledger takes refunds out of the initiation fee instead of charging the buyer the assessment in addition to it. OCR text checked against the page image of the recorded scan (work/renders/financial/dec2013_p23.png); typographic quote marks normalized to straight quotes.", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 769", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=23" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=23" }, { "id": "F033", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "That is about $135,000 a year, roughly one refund a week, paid back to owners who are leaving.", "status": "VERIFIED", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Accounts 4102 and 8214, type Check, amount not zero, 2023 to 2025", "source_quote": "[computed from ledger rows] 159 checks and $403,600 in 2023 to 2025: $134,533 a year, 1.02 checks a week", "secondary": false, "computed": true, "correction": "", "notes": "Rule: every Check row in account 4102 or 8214 with a nonzero amount (voided checks are recorded at $0). Over January 2023 to April 2026: 169 checks in about 174 weeks, 0.97 a week.", "is_new": false, "links": [], "href": "" }, { "id": "F034", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "It is a pass-it-on system. Your $2,760 went to buy the amenities. You get it back from the next owner, who gets it back from the one after.", "status": "SOFTEN", "sources": [ "audit-2025", "gl-2023-2026" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP); APPOA General Ledger, January 2023 to April 2026", "source_location": "Audit Note 12, PDF p. 21 (printed p. 19); ledger 2025 to 2026", "source_quote": "\"It was also voted on and decided that in the process of resales, the assessment would be refunded to the seller and collected from the buyer.\" / \"Effective August 8, 2025, the Association ended the practice of charging the initial special assessment of $2,760 or $2,200 to new property owners.\"", "secondary": false, "computed": false, "correction": "It was a pass-it-on system. The 2012 assessments helped buy the amenities, and each later buyer's payment went to refund the seller. Since August 2025 buyers no longer pay it, so the Association pays the refunds itself; in 2026 the ledger took them out of the buyer's initiation fee.", "notes": "For owners who bought after 2012, their payment refunded the seller rather than buying the amenities; and after August 8, 2025 the next owner no longer pays it.", "is_new": false, "links": [], "href": "" }, { "id": "F035", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "What is at stake: $1,858,960, by the Association's own audit.", "status": "VERIFIED", "sources": [ "audit-2025" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Note 12, PDF p. 21 (printed p. 19)", "source_quote": "\"The total outstanding liability associated with this decision at December 31, 2025 was $1,858,960.\"", "secondary": false, "computed": false, "correction": "", "notes": "Born-digital PDF; quote taken from the text layer and confirmed on the rendered page image (work/renders/financial).", "is_new": false, "links": [], "href": "" }, { "id": "F036", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The $2,760 each owner paid went into the amenities in 2012.", "status": "SOFTEN", "sources": [ "audit-2025" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Note 12, PDF p. 21 (printed p. 19)", "source_quote": "\"One of the many ways that the members of the Association voted on and decided to raise funds was a special assessment of $2,760 to all property owners of improved lots and $2,200 to property owners of unimproved lots and to assess this fee to any subsequent new property owners.\"", "secondary": false, "computed": false, "correction": "The assessments paid in 2012 went into buying the amenities; owners who bought later paid an equal amount that went to refund the seller.", "notes": "True for 2012 payers only; lot owners paid $2,200, not $2,760.", "is_new": false, "links": [], "href": "" }, { "id": "F037", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The Association's 2025 audited financial statements (Forvis Mazars, LLP, issued July 30, 2026), Note 12, carry it on the books as a debt to owners:", "status": "VERIFIED", "sources": [ "audit-2025" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Auditor's report signature, PDF p. 5 (printed p. 3); Balance Sheets, PDF p. 6 (printed p. 4); Note 12, PDF p. 21; Note 21, PDF p. 25", "source_quote": "\"Forvis Mazars, LLP\" \"Norfolk, Virginia\" \"July 30, 2026\" / \"Special assessment refund liability, net of current portion\" 1,726,560 / Note 21: \"through July 30, 2026, the date the consolidated financial statements were available to be issued.\"", "secondary": false, "computed": false, "correction": "", "notes": "Born-digital PDF; quote taken from the text layer and confirmed on the rendered page image (work/renders/financial). \"On the books\" is accurate: the liability is on the face of the balance sheet. Optional precision: cite \"Note 12 and the balance sheet\". The auditor's report is dated July 30, 2026.", "is_new": false, "links": [], "href": "" }, { "id": "F038", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "\"The total outstanding liability associated with this decision at December 31, 2025 was $1,858,960.\"", "status": "VERIFIED", "sources": [ "audit-2025" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Note 12, PDF p. 21 (printed p. 19)", "source_quote": "\"The total outstanding liability associated with this decision at December 31, 2025 was $1,858,960.\"", "secondary": false, "computed": false, "correction": "", "notes": "Born-digital PDF; quote taken from the text layer and confirmed on the rendered page image (work/renders/financial). Exact.", "is_new": false, "links": [], "href": "" }, { "id": "F039", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The same note says the members voted for this in 2012: \"It was also voted on and decided that in the process of resales, the assessment would be refunded to the seller and collected from the buyer.\"", "status": "SOFTEN", "sources": [ "audit-2025" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Note 12, PDF p. 21 (printed p. 19)", "source_quote": "\"One of the many ways that the members of the Association voted on and decided to raise funds was a special assessment of $2,760 ...\" / \"It was also voted on and decided that in the process of resales, the assessment would be refunded to the seller and collected from the buyer.\"", "secondary": false, "computed": false, "correction": "The same note says the members voted on this assessment to fund the 2012 purchase, and that \"It was also voted on and decided that in the process of resales, the assessment would be refunded to the seller and collected from the buyer.\"", "notes": "Born-digital PDF; quote taken from the text layer and confirmed on the rendered page image (work/renders/financial). Quote exact. The note gives no vote date; it links the vote to raising funds for the 2012 purchase, and the second sentence does not name who voted.", "is_new": false, "links": [], "href": "" }, { "id": "F040", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "It projects paying back 30 to 40 homes and 5 to 10 lots a year.", "status": "VERIFIED", "sources": [ "audit-2025" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Note 12, PDF p. 21 (printed p. 19)", "source_quote": "\"Management analyzed the average homes sold over the last several years and is projecting 30-40 improved lots and 5-10 unimproved lots per year.\"", "secondary": false, "computed": false, "correction": "", "notes": "Born-digital PDF; quote taken from the text layer and confirmed on the rendered page image (work/renders/financial). Fair paraphrase of management's projection. The current portion ($132,400) equals 40 x $2,760 + 10 x $2,200. Actual refund checks ran 49, 53 and 57 a year in 2023 to 2025, above the projected 35 to 50.", "is_new": false, "links": [], "href": "" }, { "id": "F041", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The money coming in has already stopped.", "status": "VERIFIED", "sources": [ "gl-2023-2026", "audit-2025" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026; APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Accounts 4102, 1008, 8400; audit Note 12, PDF p. 21", "source_quote": "[computed from ledger rows] last special assessment charged to a buyer: August 2025; none from August 2025 to April 2026", "secondary": false, "computed": true, "correction": "", "notes": "Two edge cases: one buyer was charged and paid $2,760 on August 2025, three days after the audit's effective date; and $2,760 sent by a closing attorney for a new owner on October 2025 was posted to a clearing account and returned to that new owner by check the same day (the seller's refund was paid separately from 8214). Scripts f24 (table T6), f08, f26.", "is_new": false, "links": [], "href": "" }, { "id": "F042", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Note 12 continues: \"Effective August 8, 2025, the Association ended the practice of charging the initial special assessment of $2,760 or $2,200 to new property owners. The Association will repay the $2,760 or $2,200 special assessment at the time a property owner sells their property.\"", "status": "VERIFIED", "sources": [ "audit-2025" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Note 12, PDF p. 21 (printed p. 19)", "source_quote": "\"Effective August 8, 2025, the Association ended the practice of charging the initial special assessment of $2,760 or $2,200 to new property owners. The Association will repay the $2,760 or $2,200 special assessment at the time a property owner sells their property.\"", "secondary": false, "computed": false, "correction": "", "notes": "Born-digital PDF; quote taken from the text layer and confirmed on the rendered page image (work/renders/financial). Exact (the source has two spaces between the sentences).", "is_new": false, "links": [], "href": "" }, { "id": "F043", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "the recorded Declaration says the Association \"will require each new Owner to pay\" it.", "status": "VERIFIED", "sources": [ "decl-2013" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Declaration PDF p. 23, stamp BK 410 PG 769 (printed p. 22), Art. Five Sec. 6(d)", "source_quote": "\"will require each new Owner to pay an amount equal to the Recreational Assessment of the prior owner\"", "secondary": false, "computed": false, "correction": "", "notes": "OCR text checked against the page image of the recorded scan (work/renders/financial/dec2013_p23.png); typographic quote marks normalized to straight quotes.", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 769", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=23" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=23" }, { "id": "F044", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The Board's own records do not line up on when it was decided: the APPI Board minutes of August 28, 2025, three weeks after that effective date, list \"Initial Special Assessment of 2012 Resolution\" with \"Decision Deferred until more information can be developed.\"", "status": "SOFTEN", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Accounts 4102 and 1008, credit memos August 2025, August 2025, September 2025; entries dated August 2025 and September 2025", "source_quote": "Ledger memo (generic): \"To move August SA Refunds to new line after 8/8/25 Decision\" / [computed from ledger rows] 7 unpaid special assessment charges ($12,720) cancelled by credit memo on August 2025 and August 2025, 1 more ($560) on September 2025; none had been paid", "secondary": false, "computed": false, "correction": "The Board's own records do not line up on when it was decided. The ledger supports the audit's date: seven unpaid special assessment charges were cancelled on August 11 and 13, 2025, and entries dated August 18 and September 8, 2025 carry the memo \"To move August SA Refunds to new line after 8/8/25 Decision.\" But the APPI Board minutes of August 28, 2025, three weeks after that effective date, list \"Initial Special Assessment of 2012 Resolution\" with \"Decision Deferred until more information can be developed.\"", "notes": "Fairness: the Association's books treat August 8, 2025 as a decision date, which supports the Board's side on timing. The two APPI minutes quotes are carried over unchanged and are for the minutes check to verify. The ledger memo is fully generic (raw text equals masked text). Some cancelled charges dated back to 2023 and 2024.", "is_new": false, "links": [], "href": "" }, { "id": "F045", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Since August 2025, buyers no longer pay in.", "status": "VERIFIED", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Accounts 4102 and 1008", "source_quote": "[computed from ledger rows] no special assessment charged to a buyer after August 2025", "secondary": false, "computed": true, "correction": "", "notes": "See the edge cases noted for \"The money coming in has already stopped.\"", "is_new": false, "links": [], "href": "" }, { "id": "F046", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The only part of Section 6(d) still standing is the Association's promise to pay owners back.", "status": "SOFTEN", "sources": [ "audit-2025", "gl-2023-2026", "decl-2013" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP); APPOA General Ledger, January 2023 to April 2026; Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Audit Note 12 and balance sheet; ledger account 8214 (2026); Declaration BK 410 PG 769", "source_quote": "6(d): \"Such payment shall be only out of funds received by the Association (or the Recreational Amenities) paid by the purchaser of such property.\"", "secondary": false, "computed": false, "correction": "Since August 2025 buyers no longer pay in, and the Association pays sellers back on its own: its audit carries the $1,858,960 as a liability, and in 2026 the ledger took six refunds out of buyers' initiation fees. (Section 6(d) says refunds are paid \"only out of funds received by the Association ... paid by the purchaser\"; how that applies now is a question for counsel.)", "notes": "Legal reading belongs to the legal check; the factual part is from the audit and ledger. OCR text checked against the page image of the recorded scan (work/renders/financial/dec2013_p23.png); typographic quote marks normalized to straight quotes.", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 769", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=23" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=23" }, { "id": "F047", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "One loose end for the Board: the general ledger still shows six resale deposits of $2,760 or $2,200 between February and April 2026, after the date the audit says collection ended.", "status": "CONTRADICTED", "sources": [ "gl-2023-2026", "audit-2025" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026; APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Account 8214 deposit lines February, March, April 2026 (GL 2026 PDF pp. 133 to 134); same-day 7400 and bank lines; audit Note 2, PDF p. 13", "source_quote": "[computed from ledger rows] each line is a debit to Special Assessment Refunds of 2,760.00 (5) or 2,200.00 (1) inside a deposit crediting INITIATION FEES 10,000.00; the bank received 7,240.00 or 7,800.00", "secondary": false, "computed": true, "correction": "On this point the ledger matches the audit. The last special assessment charged to a buyer is dated August 11, 2025, and unpaid charges were cancelled that month. The six February to April 2026 entries of $2,760 or $2,200 marked \"Home Resale\" or \"Lot Resale\" are refunds to sellers, deducted from the buyer's $10,000 initiation fee at closing, not payments by buyers.", "notes": "The six are money going out, not coming in. Same conclusion in the produced 2026 PDF (8214 total 40,240.00 = 24,240 checks + 16,000 these lines). The prior record made the same sign error. Scripts f05 to f07, f17, f24 (tables T6, T8).", "is_new": false, "links": [], "href": "" }, { "id": "F048", "group": "Financial records", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Ask the Board before you vote: \"Your 2025 audit carries $1,858,960 owed back to owners.\"", "status": "VERIFIED", "sources": [ "audit-2025" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Note 12, PDF p. 21; balance sheet PDF p. 6", "source_quote": "\"The total outstanding liability associated with this decision at December 31, 2025 was $1,858,960.\"", "secondary": false, "computed": false, "correction": "", "notes": "Born-digital PDF; quote taken from the text layer and confirmed on the rendered page image (work/renders/financial).", "is_new": false, "links": [], "href": "" }, { "id": "L037", "group": "Law", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "in North Carolina a lien can lead to foreclosure without a lawsuit (see \"How an HOA can take a house,\" above).", "status": "VERIFIED", "sources": [ "nc-47F-3-116" ], "source_doc": "N.C.G.S. 47F-3-116 (Lien for sums due the association; enforcement)", "source_location": "47F-3-116(f), (h)", "source_quote": "(f): \"may foreclose a claim of lien in like manner as a mortgage or deed of trust on real estate under power of sale\"", "secondary": false, "computed": false, "correction": "", "notes": "Fines-only liens require judicial foreclosure (47F-3-116(h)).", "is_new": false, "links": [], "href": "" }, { "id": "L038", "group": "Law", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The Board may \"borrow money, contract debts, and issue bonds, notes and debentures ... or hypothecate any or all of its real or personal property as security\" up to $1,000,000 in total \"without approval of the Members.\"", "status": "VERIFIED", "sources": [ "bylaws-2026", "bylaws-inforce", "articles-1989", "nc-55A-12-01", "nc-55A-2-06" ], "source_doc": "Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798); APPOA Articles of Incorporation (1989), recorded Book 130 Page 635; N.C.G.S. 55A-12-01 (Sale of assets in regular course of activities and mortgage of assets); N.C.G.S. 55A-2-06 (Bylaws)", "source_location": "Revised Bylaws Article 2, Section 2(m); Articles of Incorporation Article II(d), Bk 130 Pg 636 (image checked); 55A-12-01(b); 55A-2-06(b)", "source_quote": "Articles II(d): \"Borrow money and, subject to the consent by vote or written instrument of two-thirds (2/3) of each class of members, mortgage, pledge, convey by deed of trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred;\"", "secondary": false, "computed": false, "correction": "", "notes": "Bylaw words checked in my own tagging of the bylaws PDF: the base power is unmarked; the $1,000,000 limit and proviso are inserted. The 2013 recorded Bylaws on disk contain no borrowing clause, so the redline's \"original\" bylaws layer is not the recorded 2013 Bylaws (flag for main thread). NEW LEGAL POINT: 55A-12-01(b) says member approval of a mortgage or pledge is not required \"Unless the articles of incorporation require it\", and APPOA's 1989 Articles appear to require two-thirds member consent. Whether the bylaw (and the 2026 pledge) can stand without that consent is a question for counsel. Not confirmed that the Articles were never amended (NC Secretary of State filings not checked).", "is_new": false, "links": [ { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "id": "L039", "group": "Law", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The Board's letter says bylaws \"do not require Member approval,\" and the revised Bylaws can be changed again by two-thirds of the Board.", "status": "VERIFIED", "sources": [ "bylaws-inforce", "articles-1989", "nc-55A-10-20", "nc-55A-10-21", "letter-2026-10-15" ], "source_doc": "APPOA Bylaws in force (2013, recorded Book 410 Page 798); APPOA Articles of Incorporation (1989), recorded Book 130 Page 635; N.C.G.S. 55A-10-20 (Amendment by directors); N.C.G.S. 55A-10-21 (Amendment by directors and members); Board letter to owners releasing the proposal (October 15, 2026; reposted October 18)", "source_location": "2013 Bylaws Article Eleven (Amendments); Articles Article VII, Bk 130 Pgs 637 to 638", "source_quote": "Articles VII: \"the Board of Directors shall have the power to alter, amend or repeal the Bylaws or adopt new Bylaws provided such action and the resulting Bylaws are not inconsistent with the Articles of Incorporation or the Master Declaration.\"", "secondary": false, "computed": false, "correction": "", "notes": "The Board's bylaw power is real but limited: bylaws must not be inconsistent with the Articles or the Master Declaration (Articles VII; 55A-2-06(b)). The letter's words (\"These documents do not require Member approval but are provided for informational purposes and transparency to the Membership.\") were checked October 19, 2026 against the saved letter.", "is_new": false, "links": [ { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" }, { "id": "L040", "group": "Law", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Newly inserted in Article 4, Section 5: \"APPOA may suspend the membership privileges of a Member, including the right to vote, who is not in good standing ...\" Article 7, Section 1(b) gives the Board the same power.", "status": "SOFTEN", "sources": [ "bylaws-2026", "bylaws-inforce", "gen32-good-standing", "nc-55A-6-31" ], "source_doc": "Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798); GEN 3.2, Members Good Standing Qualifications; N.C.G.S. 55A-6-31 (Termination, expulsion, and suspension)", "source_location": "Revised Bylaws Art. 4 Sec. 5 (inserted) and Art. 7 Sec. 1(b); 2013 Bylaws Art. Six Sec. 1(b); GEN 3.2", "source_quote": "2013 Bylaws Art. Six, Sec. 1(b): \"Suspend any Member's voting rights and right to use of the Recreational Amenities during any period in which such Member is not in good standing.\"", "secondary": false, "computed": false, "correction": "Add after the quote: \"The recorded 2013 Bylaws (Article Six, Section 1(b)) already let the Board suspend the vote of a member who is not in good standing, and a 2020 Board policy (GEN 3.2) already bars members who are behind on dues or have a lien from voting. What is new is suspension for being \"otherwise in violation of the Declaration, these Bylaws, or APPOA's policies and procedures.\"\"", "notes": "Fairness: the power to suspend votes for non-payment exists today. 55A-6-31(a) requires that a suspension be \"fair and reasonable\" and \"carried out in good faith\", but the Court of Appeals has held it does not by itself require prior notice and a hearing (Emerson v. Cape Fear Country Club, 2018; Master v. Country Club of Landfall, 2018).", "is_new": false, "links": [ { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "id": "L041", "group": "Law", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "Example: you are disputing a $150 fine, so you are not \"current in all fees.\" ... your vote on the next Declaration change, or the next Board election, can be suspended", "status": "SOFTEN", "sources": [ "gen32-good-standing", "nc-47F-3-107.1" ], "source_doc": "GEN 3.2, Members Good Standing Qualifications; N.C.G.S. 47F-3-107.1 (Procedures for fines and suspension of planned community privileges or services)", "source_location": "GEN 3.2; 47F-3-107.1", "source_quote": "GEN 3.2: \"no member may vote for any matter coming before the membership ... during the period they are not in good standing because they are not current in all dues and fees and/or have a lien\"", "secondary": false, "computed": false, "correction": "Example: you are disputing a $150 fine, so you may not be \"current in all fees.\" A 2020 Board policy already bars members who are not current from voting; the revised Bylaws would also let the Board suspend your vote for any violation of a policy it wrote.", "notes": "Where 47F-3-107.1 applies, a fine can be imposed only after notice and a hearing. The example is largely true today under GEN 3.2.", "is_new": false, "links": [], "href": "" }, { "id": "M010", "group": "Minutes, posts and correspondence", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The March 26, 2026 minutes record, on the consent agenda: \"Vote was taken with all 7 BoD members voting to include maintenance area along with golf course and clubhouse as collateral for the loan,\"", "status": "VERIFIED", "sources": [ "minutes-appoa-20260326" ], "source_doc": "APPOA Board minutes, March 26, 2026", "source_location": "PDF p.1, item 5.b (Consent Agenda)", "source_quote": "Loan with First National Bank- Vote to include clubhouse, golf course and maintenance area as collateral. Vote taken by email- 7 BoD members voted to take vote via email. Vote was taken with all 7 BoD members voting to include maintenance area along with golf course and clubhouse as collateral for the loan.", "secondary": false, "computed": false, "correction": "", "notes": "Same page: 'Upon Motion by [name omitted], seconded by [name omitted] and vote of 7-0, the Consent Agenda was approved as presented.' File on disk despite the tasking listing it as portal only (misspelled 'Mintues'). Scan with OCR text layer; Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M011", "group": "Minutes, posts and correspondence", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "a vote \"taken by email.\"", "status": "VERIFIED", "sources": [ "minutes-appoa-20260326" ], "source_doc": "APPOA Board minutes, March 26, 2026", "source_location": "PDF p.1, item 5.b", "source_quote": "Vote taken by email- 7 BoD members voted to take vote via email.", "secondary": false, "computed": false, "correction": "", "notes": "Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M012", "group": "Minutes, posts and correspondence", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "(repeated word for word in the April 23 minutes)", "status": "VERIFIED", "sources": [ "minutes-appoa-20260423", "minutes-appoa-20260326" ], "source_doc": "APPOA Board minutes, April 23, 2026; APPOA Board minutes, March 26, 2026", "source_location": "p. 1, item b (both)", "source_quote": "Vote was taken with all 7 BoD members voting to include maintenance area along with golf course and clubhouse as collateral for the loan.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026: item b of the April 23 minutes repeats the March 26 text word for word (March 26 checked on the scanned page image).", "is_new": false, "links": [], "href": "" }, { "id": "M013", "group": "Minutes, posts and correspondence", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "the February 26, 2026 minutes record that pledging the clubhouse and golf course \"was approved during the 12 February BoD work session and vote of 6 for and 1 against.\"", "status": "VERIFIED", "sources": [ "minutes-appoa-20260226" ], "source_doc": "APPOA Board minutes, February 26, 2026", "source_location": "PDF p.2 to p.3, item 6.b (Consent Agenda)", "source_quote": "Using the Clubhouse and Golf Course together for collateral to support a loan request to First National Bank was approved during the 12 February BoD work session and vote of 6 for and 1 against.", "secondary": false, "computed": false, "correction": "", "notes": "Quote spans the p.2 to p.3 break. Fair-reader context in the same item: 'First National Bank was chosen as the Bank to use for the Loan for renovation of Dockside and Clubhouse and construction of a space to house the Comptroller and Accounting staff for a loan up to a maximum of $1.0 M.' Minutes of the Feb 12, 2026 work session are not on disk. Text-layer PDF; p.2 and p.3 images checked.", "is_new": false, "links": [], "href": "" }, { "id": "M014", "group": "Minutes, posts and correspondence", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The minutes record Board votes. They do not record a member vote.", "status": "VERIFIED", "sources": [ "minutes-appoa-20260226", "minutes-appoa-20260326", "minutes-appi-20251218", "minutes-appoa-20260423", "minutes-appoa-appi-20260528", "minutes-appoa-appi-20260723", "minutes-appoa-appi-20260827" ], "source_doc": "APPOA Board minutes, February 26, 2026; APPOA Board minutes, March 26, 2026; APPI Board minutes, December 18, 2025; APPOA Board minutes, April 23, 2026; APPOA and APPI Board minutes, May 28, 2026; APPOA and APPI Board minutes, July 23, 2026; APPOA and APPI Board minutes, August 27, 2026", "source_location": "Feb 26 PDF p.2 to p.3; Mar 26 PDF p.1; APPI Dec 18, 2025 p.4 item 7; Apr 23 p. 1, item b", "source_quote": "vote of 6 for and 1 against | Vote was taken with all 7 BoD members voting", "secondary": false, "computed": false, "correction": "", "notes": "Searched on disk: APPOA minutes Jan 2023 to Mar 26, 2026 (including Dec 18, 2025) and APPI minutes Jan 2021 to Mar 26, 2026; on October 19, 2026, also the minutes saved that day (APPOA, April 23, 2026; joint APPOA and APPI, May 28, July 23 and August 27, 2026; the July 23 scan was read from its page images). The loan and collateral appear only as Board actions (APPI Dec 18, 2025: 'Bank Loan'; Feb 26, Mar 26 and Apr 23, 2026, the last recording the Board's email vote on the collateral); May 28 and July 23 note only a loan draw and 'No new Updates'. No member vote is recorded. Not on disk: the June 2026 minutes.", "is_new": false, "links": [], "href": "" }, { "id": "M015", "group": "Minutes, posts and correspondence", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "the Finance and Budget Committee took up \"the BoD's earlier request to recommend a dollar amount to the Master Declaration above which resident approval is required to move forward on a project,\" and \"unanimously recommended no such restriction be inserted\" (FNC minutes, August 25, 2026)", "status": "VERIFIED", "sources": [ "minutes-fnc-20260825" ], "source_doc": "APPOA Finance and Budget Committee minutes, August 25, 2026", "source_location": "p. 1, item 5", "source_quote": "The FNC discussed the BoD's earlier request to recommend a dollar amount to the Master Declaration above which resident approval is required to move forward on a project. The FNC discussed the proposal and in the end, unanimously recommended no such restriction be inserted.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026 against the saved minutes (they print a curly apostrophe in BoD's).", "is_new": false, "links": [], "href": "" }, { "id": "M016", "group": "Minutes, posts and correspondence", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "The Board asked whether owners should get a say above some dollar amount; the answer that came back was no.", "status": "SOFTEN", "sources": [ "minutes-fnc-20260825" ], "source_doc": "APPOA Finance and Budget Committee minutes, August 25, 2026", "source_location": "p. 1, item 5", "source_quote": "unanimously recommended no such restriction be inserted", "secondary": false, "computed": false, "correction": "That was a committee recommendation; the posted minutes do not show what the Board then decided. In fairness, the idea of a resident-approval threshold came from the Board.", "notes": "Checked October 19, 2026: the no came from the committee, not the Board (v3.0 edit P-08).", "is_new": false, "links": [], "href": "" }, { "id": "M017", "group": "Minutes, posts and correspondence", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "the APPI Board minutes of August 28, 2025 ... list \"Initial Special Assessment of 2012 Resolution\" with \"Decision Deferred until more information can be developed.\"", "status": "VERIFIED", "sources": [ "minutes-appi-20250828" ], "source_doc": "APPI Board minutes, August 28, 2025", "source_location": "PDF p.3, item B", "source_quote": "B. Initial Special Assessment of 2012 Resolution i. Decision Deferred until more information can be developed", "secondary": false, "computed": false, "correction": "", "notes": "On disk in a separate folder (an APPI minutes set, 63 PDFs, 2021 to Mar 2026). Not in the APPOA Aug 28, 2025 minutes (all 8 pages viewed). The report's closing period is not in the source. No later APPI minutes on disk return to the item (APPI Sep 18, Oct 23, Nov 20, Dec 18, 2025; Jan 22, Feb 26, Mar 26, 2026; Nov 20 and Dec 18 'Unfinished business' read 'None'). Scanned page (no text layer); Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M018", "group": "Minutes, posts and correspondence", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "three weeks after that effective date", "status": "VERIFIED", "sources": [ "minutes-appi-20250828" ], "source_doc": "APPI Board minutes, August 28, 2025", "source_location": "PDF p.1 header (Thursday, August 28, 2025)", "source_quote": "Albemarle Room, 11:36 AM, Thursday, August 28, 2025", "secondary": false, "computed": false, "correction": "", "notes": "Aug 8 to Aug 28, 2025 = 20 days, about three weeks. Optional precision: '20 days after'.", "is_new": false, "links": [], "href": "" }, { "id": "M019", "group": "Minutes, posts and correspondence", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "No posted minutes record a Board motion, or a member vote, ending the practice.", "status": "VERIFIED", "sources": [ "minutes-on-disk", "minutes-appoa-20260423", "minutes-appoa-appi-20260528", "minutes-appoa-appi-20260723", "minutes-appoa-appi-20260827" ], "source_doc": "APPOA and APPI Board minutes, 2023 to March 2026 (searched as a set); APPOA Board minutes, April 23, 2026; APPOA and APPI Board minutes, May 28, 2026; APPOA and APPI Board minutes, July 23, 2026; APPOA and APPI Board minutes, August 27, 2026", "source_location": "Full-text and page-image search", "source_quote": "(context, APPOA Jul 24, 2025 PDF p.4) Special Assessment. ($2200 & then an additional $560 when CO received) when sold", "secondary": false, "computed": false, "correction": "", "notes": "Range searched: APPOA Board minutes Jan 2023 to Mar 26, 2026 (all on disk, including Dec 18, 2025); APPI minutes Jan 2021 to Mar 26, 2026 (2025 scans viewed Feb to May and Aug to Sep; 2024 APPI scans not viewed). Text searches: special assessment, initial, 2012, refund, resolution, deferred. On October 19, 2026, the minutes saved that day (APPOA, April 23, 2026; joint APPOA and APPI, May 28, July 23 and August 27, 2026; the July 23 scan was read from its page images) were searched for the same words and contain none of them. Still missing from the range: the June 2026 minutes, which the July 23 minutes say were approved and will be published once signed, and any separate APPI minutes for April 2026; work-session and executive-session minutes are not posted. Secondary record also found none. Related records: APPOA Jul 24, 2025 p.4 lists the special assessment as due 'when sold' for a developer lot; the APPOA September 2025 income statement (Oct 23, 2025 minutes p.7) shows Special Assessment income of 17,120 for September 2025.", "is_new": false, "links": [], "href": "" }, { "id": "M104", "group": "Minutes, posts and correspondence", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "NEW (not in v2.7): the loan's stated purpose and the terms the Board presented to owners", "status": "VERIFIED", "sources": [ "minutes-appoa-20260226", "presentation-2q-2026" ], "source_doc": "APPOA Board minutes, February 26, 2026; APPOA second-quarter meeting presentation (July 21, 2026)", "source_location": "Feb 26 PDF p.1 item 3.a.ii.1 and p.2 item 6.b; 2Q 2026 presentation PDF p.14", "source_quote": "The loan referred to is a loan to accomplish three needed infrastructure projects within AP, the Dockside renovation, the Clubhouse renovation and refresh and the construction of office spaces for the Comptroller and Accounting to replace offices in the Sales Center whose lease expires in July 2027. | $1,000,000 available term loan | 7-year fixed rate at 6.40%", "secondary": false, "computed": false, "correction": "Suggested addition after the Feb 26, 2026 quote in Section 4: The Board told owners the loan is for \"the Dockside renovation, the Clubhouse renovation and refresh and the construction of office spaces for the Comptroller and Accounting\" (February 26, 2026 minutes), and presented its terms at the July 21, 2026 quarterly meeting.", "notes": "Fairness: the Board disclosed the purpose and terms; the slide does not mention collateral. 2Q presentation is in a separate folder. Images checked.", "is_new": true, "links": [], "href": "" }, { "id": "M105", "group": "Minutes, posts and correspondence", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "NEW (not in v2.7): September 2025 special assessment income on the Board-attached income statement", "status": "VERIFIED", "sources": [ "minutes-appoa-20251023" ], "source_doc": "APPOA Board minutes, October 23, 2025", "source_location": "PDF p.7, 'APPOA 2025' income table", "source_quote": "Special Assessment 17,120 1,120 16,000 (7,120) 5,040 (12,160) 6,720", "secondary": false, "computed": false, "correction": "For the financial agent to reconcile before use. Possible addition to the Section 4 'loose end': APPOA's own September 2025 income statement, attached to the October 23, 2025 Board minutes, shows $17,120 of special assessment income for September 2025, after the audit's stated August 8, 2025 end date.", "notes": "Columns: Sept actual, budget, variance; YTD actual, budget, variance; 2025 budget. 17,120 equals six $2,760 payments plus one $560. Could be buyer payments or a reclassification; needs the ledger. Text-layer PDF; image checked.", "is_new": true, "links": [], "href": "" }, { "id": "M106", "group": "Minutes, posts and correspondence", "section": "4", "section_base": "4", "section_label": "Section 4", "claim": "NEW (not in v2.7): July 2025 Comptroller report lists the special assessment as due when a lot is sold", "status": "VERIFIED", "sources": [ "minutes-appoa-20250724" ], "source_doc": "APPOA Board minutes, July 24, 2025", "source_location": "PDF p.4, item xiii (Ryan Homes Sales Office)", "source_quote": "Lot [number omitted] was an original developer lot and as such the following are due | Special Assessment. ($2200 & then an additional $560 when CO received) when sold", "secondary": false, "computed": false, "correction": "Context only; no change required.", "notes": "Shows the charge still treated as due two weeks before the audit's Aug 8, 2025 date. Scanned page (no text layer); OCR text from work/zip_extract; Page image rendered with PyMuPDF and checked.", "is_new": true, "links": [], "href": "" }, { "id": "D082", "group": "Documents and redline", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Lien after 30 days instead of 90 (Article Six, Section 9, page 28). ... A new sentence still bars foreclosure until 90 days past due.", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p28", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 28", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" }, { "id": "D083", "group": "Documents and redline", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Two conflicting rules for selling amenities (Article Six, Section 6, page 27). One unmarked sentence requires a majority vote for any sale \"except for the sale of the Golf Course.\" The next, newly inserted, requires 75% for \"any sale or transfer of ownership of the Amenities.\" The same section, unmarked, lets APPOA convey amenities or utilities to APPI, its subsidiary, with no member vote stated.", "status": "CORRECTED", "sources": [ "redline-2026", "decl-2013" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "draft p27; 2013 Pg 768 (page image)", "source_quote": "2013: \"Any sale of the golf course shall require approval by seventy five percent (75%) of the Members of the Association eligible to vote.\"; draft: \"Any sale or transfer of ownership of the Amenities shall require approval by seventy five percent (75%)\"", "secondary": false, "computed": false, "correction": "Two conflicting rules for selling amenities (Article Six, Section 6, page 27). One sentence requires a majority vote for any sale \"except for the sale of the Golf Course.\" The next, edited with markup, now requires 75% for \"any sale or transfer of ownership of the Amenities\" (2013: 75% for a sale of the golf course). The section also keeps, from 2013, the right to convey amenities or utilities to APPI, its subsidiary, with no member vote stated.", "notes": "The 75% rule is the 2013 golf-course rule extended to all Amenities (an owner protection) and is not newly inserted; the APPI conveyance is unchanged 2013 text.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 27", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=27" }, { "label": "2013 Declaration, Book 410 Page 768", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=22" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=27" }, { "id": "D084", "group": "Documents and redline", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Buying future amenities by a majority of members present (Article Six, Section 6, pages 26 to 27). The inserted words \"present in person or by proxy\" lower the bar for purchases.", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p27", "source_quote": "\"{+present in person or by+} {+proxy at a duly called meeting of APPOA+}\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 27", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=27" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=27" }, { "id": "D085", "group": "Documents and redline", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Liens rank behind real estate tax liens; Finance and Budget Committee replaces the Budget Committee for assessment increases above the inflation cap.", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "pp24, 29", "source_quote": "\"[-Budget Committee-]{+Finance and Budget Committee+} must recommend the increase\"; \"{+, and any liens for real estate taxes and other governmental assessments+}\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 24", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=24" }, { "label": "Proposed Declaration, page 29", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=29" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=24" }, { "id": "D086", "group": "Documents and redline", "section": "5 (new)", "section_base": "5", "section_label": "Section 5 (new)", "claim": "(not in v2.7) Owners' recorded right to amend the Declaration by majority vote is struck", "status": "CORRECTED", "sources": [ "decl-2013", "redline-2026" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "2013 Art. Eleven Sec. 4, Pg 784 to 785 (page images); draft Art. Thirteen Sec. 4, pp44 to 45", "source_quote": "\"After December 31, 2022, the Members may, by vote of a majority of the Members existing at the time, agree to amend the Master Declaration, or, by a vote of eighty percent (80%) of the Members, agree to terminate the Master Declaration.\"", "secondary": false, "computed": false, "correction": "Add to Section 5: Owners' own right to amend is struck (Article Thirteen, Section 4, pages 44 to 45; 2013 Article Eleven, Section 4, Pages 784 to 785). The recorded Declaration says: \"After December 31, 2022, the Members may, by vote of a majority of the Members existing at the time, agree to amend the Master Declaration\". The draft strikes this, sets a term of \"twenty (20) years until December 31, 2046\" with automatic five-year renewals, and allows termination only if \"eighty percent (80%) of all Members entitled to vote agree\". The Board's own power to amend is kept.", "notes": "Omission, not an error. A marked change of the first importance for owners.", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Pages 784 to 785", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=38" }, { "label": "Proposed Declaration, pages 44 to 45", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=44" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=38" }, { "id": "D087", "group": "Documents and redline", "section": "5 (picking and choosing)", "section_base": "5", "section_label": "Section 5 (picking and choosing)", "claim": "Since 2013, in writing. The recorded Declaration lets the Association send notices \"in any manner as permitted under N.C.G.S. 47F-3-108(a) ... provided, however, that the Association shall not have been deemed to adopt any other provision of Chapter 47F unless formally adopted by the Association\" (Article Eleven, Section 11, Book 410 Page 786).", "status": "VERIFIED", "sources": [ "decl-2013" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Pg 786 (page image)", "source_quote": "\"Notices to Members and the Declarant may be sent in any manner as permitted under N.C.G.S. 47F-3-108(a), as the same may be modified from time to time; provided, however, that the Association shall not have been deemed to adopt any other provision of Chapter 47F unless formally adopted by the Association.\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 786", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=40" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=40" }, { "id": "D088", "group": "Documents and redline", "section": "5 (picking and choosing)", "section_base": "5", "section_label": "Section 5 (picking and choosing)", "claim": "Now, across the board. The proposed Article One says the Act \"shall not apply to APPOA except as expressly incorporated herein.\"", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p8", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "Source continues \"by reference\"; logical punctuation.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 8", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=8" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=8" }, { "id": "D089", "group": "Documents and redline", "section": "5 (picking and choosing)", "section_base": "5", "section_label": "Section 5 (picking and choosing)", "claim": "The Board's revised Bylaws also strike \"and the North Carolina Planned Community Act\" from the list of laws the Board's powers come from (Article 7, Section 1(f)).", "status": "VERIFIED", "sources": [ "bylaws-2026", "bylaws-inforce" ], "source_doc": "Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "revised p7; in force Art. Six Sec. 1(f)", "source_quote": "\"[-and the North Carolina Planned Community Act -]\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Revised APPOA Bylaws, page 7", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf#page=7" } ], "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf#page=7" }, { "id": "D090", "group": "Documents and redline", "section": "5 (table)", "section_base": "5", "section_label": "Section 5 (table)", "claim": "Brought into the proposed Declaration: Notice by any method 47F-3-108(a) allows, including email (Article Thirteen, Section 11)", "status": "SOFTEN", "sources": [ "redline-2026", "decl-2013" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "draft p46 Sec. 11; 2013 Pg 786", "source_quote": "draft: \"Notices to Members and the Declarant may be sent in any manner as permitted under N.C.G.S. 47F-3-108(a)\"", "secondary": false, "computed": false, "correction": "Kept from the 2013 Declaration: notice by any method 47F-3-108(a) allows, which can include email (Article Thirteen, Section 11)", "notes": "Already in the recorded Declaration (Pg 786); the word \"email\" is not in the Declaration text.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 46", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=46" }, { "label": "2013 Declaration, Book 410 Page 786", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=40" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=46" }, { "id": "D091", "group": "Documents and redline", "section": "5 (table)", "section_base": "5", "section_label": "Section 5 (table)", "claim": "Brought into the proposed Declaration: Interest up to 18%, the statute's maximum", "status": "SOFTEN", "sources": [ "decl-2013", "redline-2026" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "2013 Art. Five Sec. 7, Pg 770 (page image); draft p28", "source_quote": "2013: \"Any past-due common assessment or installment thereof shall bear interest at the rate established by the Board not exceeding eighteen percent (18%) per year.\"", "secondary": false, "computed": false, "correction": "Kept from the 2013 Declaration and moved into the lien section: interest up to 18%, the statute's maximum", "notes": "The redline strikes the sentence in Section 7 and underlines it in Section 9, so it looks new.", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 770", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" }, { "label": "Proposed Declaration, page 28", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" }, { "id": "D092", "group": "Documents and redline", "section": "5 (opinion)", "section_base": "5", "section_label": "Section 5 (opinion)", "claim": "Where 47F gives the Association a tool (email notice, a faster lien, maximum interest, an enforceable sign ban), the proposal writes it in.", "status": "SOFTEN", "sources": [ "decl-2013" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Pg 770, 782, 786", "source_quote": "", "secondary": false, "computed": false, "correction": "Opinion: the pattern is plain. Where 47F gives the Association a tool, the proposal keeps it or adds it: notice by 47F-3-108(a) methods and 18% interest were already in the 2013 Declaration; the faster lien and the first-page sign notice are new. Where 47F gives owners a shield against the Association (a hearing before a fine, a cap on fines, access to records), the proposal opts out.", "notes": "Two of the four tools were already in the recorded text; the 2013 Declaration also already banned political signs (Pg 781 to 782).", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 770", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" }, { "label": "2013 Declaration, Book 410 Page 782", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=36" }, { "label": "2013 Declaration, Book 410 Page 786", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=40" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" }, { "id": "D093", "group": "Documents and redline", "section": "5 (records)", "section_base": "5", "section_label": "Section 5 (records)", "claim": "Twenty days before owners received this redline, a new records policy took effect.", "status": "VERIFIED", "sources": [ "gen11-records" ], "source_doc": "GEN 1.1, Document Request Policy (September 25, 2026 version)", "source_location": "effective date", "source_quote": "\"EFFECTIVE DATE: September 25, 2026\"", "secondary": false, "computed": false, "correction": "", "notes": "Sep 25 to Oct 15 is 20 days.", "is_new": false, "links": [ { "label": "GEN 1.1 (September 25 version), page 1", "href": "docs/gen-1-1-document-request-policy-2026-09-25.pdf#page=1" } ], "href": "docs/gen-1-1-document-request-policy-2026-09-25.pdf#page=1" }, { "id": "D094", "group": "Documents and redline", "section": "5 (records)", "section_base": "5", "section_label": "Section 5 (records)", "claim": "(No posted minutes record its adoption; the September 2026 minutes are not yet posted.)", "status": "VERIFIED", "sources": [ "portal-search-2026-10-18" ], "source_doc": "Engage portal search record, October 18, 2026 (secondary record)", "source_location": "Item A", "source_quote": "\"No Board minutes posted on the portal record adoption of GEN 1.1.\"", "secondary": false, "computed": false, "correction": "", "notes": "Secondary source (portal search record, October 18, 2026). Add: the policy was edited September 29, four days after it took effect, to add \"for the first hour\".", "is_new": false, "links": [], "href": "" }, { "id": "D095", "group": "Documents and redline", "section": "5 (records)", "section_base": "5", "section_label": "Section 5 (records)", "claim": "GEN 1.1 ... sets \"a minimum charge of $200.00 for the first hour for staff to retrieve any document that is not available on the community website,\" then \"$50.00 per hour or a portion thereof,\" plus \"$0.25 per copy.\" Owners must pay in advance and must state \"the specific purpose of requesting that document.\" Most requests are to be handled \"within 10 business days.\"", "status": "VERIFIED", "sources": [ "gen11-records" ], "source_doc": "GEN 1.1, Document Request Policy (September 25, 2026 version)", "source_location": "Secs. I and II.A (portal version)", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "Matches the September 29 version. Note in the text that the September 25 version lacked \"for the first hour\".", "is_new": false, "links": [ { "label": "GEN 1.1 (September 25 version), page 1", "href": "docs/gen-1-1-document-request-policy-2026-09-25.pdf#page=1" } ], "href": "docs/gen-1-1-document-request-policy-2026-09-25.pdf#page=1" }, { "id": "D096", "group": "Documents and redline", "section": "5 (records)", "section_base": "5", "section_label": "Section 5 (records)", "claim": "Purpose. The revised APPOA Bylaws (Article 10) strike the requirement to show \"a purpose reasonably related\" to your interests, which helps owners. The new policy requires \"the specific purpose\" anyway.", "status": "CORRECTED", "sources": [ "bylaws-2026", "bylaws-inforce" ], "source_doc": "Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "revised Art. 10; in force Art. Nine", "source_quote": "in force: \"shall be available for inspection by any Member at the principal office of the Association, where copies shall be made available for sale at a reasonable price.\"", "secondary": false, "computed": false, "correction": "Purpose. The Bylaws in force (Article Nine) let a member inspect the governing documents with no purpose test. The revised Bylaws redline shows the words \"for a purpose reasonably related\" struck, but those words were never in the Bylaws in force; they appear only in the draft the redline started from. The new GEN 1.1 policy now requires \"the specific purpose\" for any document request.", "notes": "The strike credited as helping owners removes text that was never in force.", "is_new": false, "links": [ { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "id": "D097", "group": "Documents and redline", "section": "5 (records)", "section_base": "5", "section_label": "Section 5 (records)", "claim": "The Bylaws say copy fees are \"as stated in the Albemarle Plantation Schedule of Assessments & Fees.\" No document by that name has been published.", "status": "SOFTEN", "sources": [ "bylaws-2026", "bylaws-inforce", "portal-search-2026-10-18" ], "source_doc": "Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798); Engage portal search record, October 18, 2026 (secondary record)", "source_location": "revised Art. 10; portal Item B", "source_quote": "", "secondary": false, "computed": false, "correction": "The revised Bylaws say copies are available \"for a processing fee as stated in the Albemarle Plantation Schedule of Assessments & Fees\". No document by that name could be found on the Association's portal (search of October 18, 2026). The Bylaws in force say copies are sold \"at a reasonable price\".", "notes": "", "is_new": false, "links": [ { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "id": "D098", "group": "Documents and redline", "section": "5 (records)", "section_base": "5", "section_label": "Section 5 (records)", "claim": "The 2026 Fee Schedule (revised April 15, 2026) lists no records fee, and its footer says it \"may change at any time without notice.\"", "status": "VERIFIED", "sources": [ "fees-2026" ], "source_doc": "2026 Fee Schedule (revised April 15, 2026)", "source_location": "", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "2026 Fee Schedule (whole document)", "href": "docs/fee-schedule-2026-revised-2026-04-15.pdf" } ], "href": "docs/fee-schedule-2026-revised-2026-04-15.pdf" }, { "id": "D099", "group": "Documents and redline", "section": "5 (records)", "section_base": "5", "section_label": "Section 5 (records)", "claim": "The drafters' note in the bylaws redline, \"(confirm this section comforms with NC law),\" was deleted, not answered.", "status": "SOFTEN", "sources": [ "bylaws-2026", "bylaws-inforce" ], "source_doc": "Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "p11", "source_quote": "\"[-( confirm this section comforms with NC law)-]\"", "secondary": false, "computed": false, "correction": "The drafters' note in the bylaws redline, \"(confirm this section comforms with NC law)\", was deleted; the redline does not show how it was resolved.", "notes": "Source has a space after the opening parenthesis (closed up); \"not answered\" is an inference.", "is_new": false, "links": [ { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "id": "D100", "group": "Documents and redline", "section": "5 (fairness)", "section_base": "5", "section_label": "Section 5 (fairness)", "claim": "In fairness on fines: the Association's existing Compliance Policy (effective September 30, 2020) ...", "status": "CORRECTED", "sources": [ "gen21-compliance-procedures-2020" ], "source_doc": "GEN 2.1, Compliance Procedures (effective September 30, 2020)", "source_location": "", "source_quote": "", "secondary": false, "computed": false, "correction": "the Association's existing Compliance Policy and Compliance Procedures (GEN 1.1 and GEN 2.1, both effective September 30, 2020) already give owners written notice and the right to \"request a hearing in writing\" within 14 days, and cap fines at \"$100/day.\"", "notes": "The quoted words are in GEN 2.1, Compliance Procedures, not GEN 1.1 (legal rows). Main thread defers to WP3 Section 5.4.", "is_new": false, "links": [], "href": "" }, { "id": "D101", "group": "Documents and redline", "section": "5 (fairness)", "section_base": "5", "section_label": "Section 5 (fairness)", "claim": "In fairness: the lien section also copies several owner protections from 47F-3-116, including 15 days' notice before a lien, the $1,200 cap on uncontested attorney fees, judicial foreclosure for fines-only debts, and the new 90-day bar on foreclosure.", "status": "SOFTEN", "sources": [ "redline-2026", "decl-2013" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "draft pp28 to 29; 2013 Pg 770 to 771", "source_quote": "", "secondary": false, "computed": false, "correction": "In fairness: the lien section keeps several owner protections that mirror 47F-3-116 and were already in the 2013 Declaration (15 days' notice before a lien, the $1,200 cap on uncontested attorney fees, judicial foreclosure for fines-only debts), and adds one: no foreclosure until an assessment is at least 90 days past due.", "notes": "Three of the four were already in the recorded text; the redline re-inserts the $1,200 cap as if new.", "is_new": false, "links": [ { "label": "Proposed Declaration, pages 28 to 29", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" }, { "label": "2013 Declaration, Book 410 Pages 770 to 771", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" }, { "id": "L042", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Opting out of the Planned Community Act (new Article One, page 8).", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "PDF p. 8", "source_quote": "Article One text underlined in red (inserted)", "secondary": false, "computed": false, "correction": "", "notes": "The draft also strikes, with markup, the 2013 notice-clause proviso about 47F (p. 46). Its struck text reads \"formally adopted by APPOA Board of Directors\", while the recorded 2013 text reads \"formally adopted by the Association\" (Pg 786): another sign the redline's base was an edited draft.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 8", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=8" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=8" }, { "id": "L043", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Lien after 30 days instead of 90 (Article Six, Section 9, page 28) ... A new sentence still bars foreclosure until 90 days past due.", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "PDF p. 28", "source_quote": "\"[-ninety-] {+thirty+}\"; inserted \"shall not institute foreclosure proceedings against a Member until the assessment levied is at least ninety (90) days past due\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 28", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" }, { "id": "L044", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "For communities created before 1999, like ours, N.C.G.S. 47F-1-102(c) applies key sections automatically \"unless the articles of incorporation or the declaration expressly provides to the contrary.\"", "status": "SOFTEN", "sources": [ "nc-47F-1-102" ], "source_doc": "N.C.G.S. 47F-1-102 (Applicability)", "source_location": "47F-1-102(c)", "source_quote": "\"These sections apply only with respect to events and circumstances occurring on or after January 1, 1999, and do not invalidate existing provisions of the declaration, bylaws, or plats and plans of those planned communities.\"", "secondary": false, "computed": false, "correction": "Add after the sentence: \"The same subsection says these sections apply only to events on or after January 1, 1999, and 'do not invalidate existing provisions of the declaration, bylaws, or plats and plans' of those communities.\"", "notes": "Quote verified. The omitted savings sentence matters for the Board's existing amendment power and other pre-1999 provisions.", "is_new": false, "links": [], "href": "" }, { "id": "L045", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Those sections include the hearing before fines (3-107.1), meeting rules (3-108), assessments and liens (3-115, 3-116), owners' right to examine records (3-118) and the political sign rules (3-121).", "status": "VERIFIED", "sources": [ "nc-47F-1-102" ], "source_doc": "N.C.G.S. 47F-1-102 (Applicability)", "source_location": "47F-1-102(c)", "source_quote": "list includes G.S. 47F-3-107.1, 47F-3-108, 47F-3-115, 47F-3-116, 47F-3-118, 47F-3-121", "secondary": false, "computed": false, "correction": "", "notes": "Shortened cites; write N.C.G.S. 47F-3-107.1 etc. (ground rule 6). 47F-3-121 also covers U.S. and N.C. flags.", "is_new": false, "links": [], "href": "" }, { "id": "L046", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "The recorded Declaration lets the Association send notices \"in any manner as permitted under N.C.G.S. 47F-3-108(a) ... provided, however, that the Association shall not have been deemed to adopt any other provision of Chapter 47F unless formally adopted by the Association\" (Article Eleven, Section 11, Book 410 Page 786).", "status": "VERIFIED", "sources": [ "decl-2013" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "PDF p. 40 = Bk 410 Pg 786 (image checked)", "source_quote": "\"Notices to Members and the Declarant may be sent in any manner as permitted under N.C.G.S. 47F-3-108(a), as the same may be modified from time to time; provided, however, that the Association shall not have been deemed to adopt any other provision of Chapter 47F unless formally adopted by the Association.\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 786", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=40" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=40" }, { "id": "L047", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "The proposed Article One says the Act \"shall not apply to APPOA except as expressly incorporated herein.\"", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "PDF p. 8", "source_quote": "\"shall not apply to APPOA except as expressly incorporated herein by reference\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 8", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=8" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=8" }, { "id": "L048", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "The Board's revised Bylaws also strike \"and the North Carolina Planned Community Act\" from the list of laws the Board's powers come from (Article 7, Section 1(f)).", "status": "VERIFIED", "sources": [ "bylaws-2026", "bylaws-inforce" ], "source_doc": "Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "Revised Bylaws Art. 7 Sec. 1(f) (struck); 2013 Bylaws Art. Six Sec. 1(f)", "source_quote": "2013: \"Exercise any and all other powers permitted under the North Carolina Nonprofit Corporation Act and the North Carolina Planned Community Act not otherwise contrary to these Bylaws or the Declaration.\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "id": "L049", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "State law, N.C.G.S. 47F-1-102(c), lists 13 sections of the Planned Community Act that apply to communities created before 1999", "status": "VERIFIED", "sources": [ "nc-47F-1-102" ], "source_doc": "N.C.G.S. 47F-1-102 (Applicability)", "source_location": "47F-1-102(c)", "source_quote": "1-104, 2-103, 2-117, 3-102(1) to (6) and (11) to (17), 3-103(f), 3-104, 3-107(a) to (c), 3-107.1, 3-108, 3-115, 3-116, 3-118, 3-121 [13]; then \"G.S. 47F-3-120 (Declaration limits on attorneys' fees) applies to all planned communities created in this State before January 1, 1999\"", "secondary": false, "computed": false, "correction": "", "notes": "Count of 13 confirmed. Suggested footnote: 47F-1-102(c) also applies 47F-3-120 (court may award attorneys' fees to the prevailing party when the declaration allows fees) with no opt-out, and 47F-1-103 (definitions) as needed. Three of the 13 apply only in part: 3-102 (subdivisions (1) to (6) and (11) to (17)), 3-103 (subsection (f) only), 3-107 (subsections (a) to (c)).", "is_new": false, "links": [], "href": "" }, { "id": "L050", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Scorecard: 3-116, Liens and collection, \"Yes (cites 3-116(e); copies most of the rest)\"", "status": "CORRECTED", "sources": [ "nc-47F-3-116", "redline-2026" ], "source_doc": "N.C.G.S. 47F-3-116 (Lien for sums due the association; enforcement); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "Draft Article Six, Sections 9 to 11, PDF pp. 28 to 30", "source_quote": "Draft copies 3-116(a) to (d), (g), (i) and parts of (f) and (h); omits the Board-vote rule and (f)(1) to (13) procedures (notice of intent, trustee rules, Clerk's findings, cure right, 45-21.34 rights), the (e) fee notice, the (h) bar on unauthorized collection fees, the 3-year limit in (c), and (j)", "secondary": false, "computed": false, "correction": "Partly: writes in the lien, notice, priority, installment, and fines-only rules; leaves out the Board vote on each foreclosure, the notice before attorneys' fees, and most foreclosure safeguards", "notes": "Judgment based on accepted text only (not on markup status). The cite \"47F-3- 116(e)\" (p. 29) is carried over from 2013 and points to the wrong subsection: the $1,200 cap is now in 47F-3-116(f)(12). The draft caps only attorneys' fees; the statute caps attorneys' fees and the trustee's commission together.", "is_new": false, "links": [ { "label": "Proposed Declaration, pages 28 to 30", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" }, { "id": "L051", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Scorecard: 3-102, Association powers, \"Yes, in substance\", serves \"Association\"", "status": "CORRECTED", "sources": [ "nc-47F-3-102", "redline-2026" ], "source_doc": "N.C.G.S. 47F-3-102 (Powers of owners' association); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "Draft Art. Four Sec. 3(b) p. 14; Art. Thirteen Secs. 1 and 7 pp. 44 to 45; Art. Eight Sec. 3 p. 31", "source_quote": "3-102(12): \"After notice and an opportunity to be heard, impose reasonable fines or suspend privileges or services\"; draft p. 45: \"the right to suspend Membership, levy a fine and/or bring legal action\"", "secondary": false, "computed": false, "correction": "Partly: the powers to make rules, assess, sue, fine, and suspend are in; the conditions in 3-102(11) and (12) (notice and an opportunity to be heard, reasonable fines, the late-charge cap, the 30-day rule for suspensions) are not", "notes": "The draft has no notice-and-hearing condition and no late-charge provision. 3-102(11) and (12) are owner protections inside a powers section.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 14", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=14" }, { "label": "Proposed Declaration, pages 44 to 45", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=44" }, { "label": "Proposed Declaration, page 31", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=31" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=14" }, { "id": "L052", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Scorecard: 3-108, \"Partly: notice method only (cites 3-108(a))\"", "status": "VERIFIED", "sources": [ "nc-47F-3-108", "redline-2026" ], "source_doc": "N.C.G.S. 47F-3-108 (Meetings); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "Draft Art. Thirteen Sec. 11, p. 46", "source_quote": "\"Notices to Members and the Declarant may be sent in any manner as permitted under N.C.G.S. 47F-3-108(a)\"", "secondary": false, "computed": false, "correction": "", "notes": "Carried over from 2013 Art. Eleven Sec. 11 (Pg 786).", "is_new": false, "links": [ { "label": "Proposed Declaration, page 46", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=46" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=46" }, { "id": "L053", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Scorecard: 3-115, \"Partly: the 18% interest maximum\", serves \"Association\"", "status": "SOFTEN", "sources": [ "nc-47F-3-115", "redline-2026" ], "source_doc": "N.C.G.S. 47F-3-115 (Assessments for common expenses); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "Draft Art. Six Sec. 5(b) p. 26 (inserted); Sec. 9 p. 28", "source_quote": "Draft p. 26 (inserted): \"(3) assessments for insurance and utilities may be assessed in proportion to allocated risk and usage, respectively\"", "secondary": false, "computed": false, "correction": "Partly: the 18% interest cap (carried over from 2013), new rules for charging some costs only to the lots that benefit (page 26), and charging an owner for damage the owner causes", "notes": "Draft p. 26 inserts the substance of 47F-3-115(c)(1) to (3); p. 28 keeps a 3-115(e)-type rule. These allocation rules and the interest cap can protect owners, so \"Both\" is fairer than \"Association\".", "is_new": false, "links": [ { "label": "Proposed Declaration, page 26", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=26" }, { "label": "Proposed Declaration, page 28", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=26" }, { "id": "L054", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Scorecard: 3-121, \"Partly: the first-page notice that lets the sign ban stand; the owner's flag right is not mentioned\"", "status": "SOFTEN", "sources": [ "nc-47F-3-121", "redline-2026", "decl-2013" ], "source_doc": "N.C.G.S. 47F-3-121 (American and State flags and political sign displays); Proposed Master Declaration, the Board's redline (48 pages); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Draft p. 1 (inserted, bold 12 pt caps, same size as largest print); 2013 Art. Ten Sec. 21, Pgs 781 to 782", "source_quote": "\"THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS\"", "secondary": false, "computed": false, "correction": "Partly: the first-page notice the statute requires before a sign ban can be enforced; the owner's flag right is not mentioned", "notes": "The notice is a condition for enforcement, not a guarantee (47F-3-121(2)b: \"only if the restriction specifically states\"). The ban itself was already in the 2013 Declaration (Art. Ten Sec. 21, starting Pg 781). The draft's ban reads \"No political signs shall not be displayed\" (p. 42), a double negative a court may read strictly against the restriction.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 1", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=1" }, { "label": "2013 Declaration, Book 410 Pages 781 to 782", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=35" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=1" }, { "id": "L055", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Scorecard: 3-107(a)-(c), \"Partly: owners maintain lots; the duty to repair damage caused by Association staff is not stated\"", "status": "VERIFIED", "sources": [ "nc-47F-3-107", "redline-2026" ], "source_doc": "N.C.G.S. 47F-3-107 (Upkeep of planned community; responsibility and assessments for damages); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "Draft Art. Seven Secs. 1 and 2, p. 30", "source_quote": "Draft p. 30: \"APPOA shall maintain and keep in good repair the Common Areas and Amenities\"", "secondary": false, "computed": false, "correction": "", "notes": "3-107(c) (association liable for damage its agents cause to a lot) is absent.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 30", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=30" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=30" }, { "id": "L056", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Scorecard: 2-117, \"No. The draft keeps the Board's power to amend 'without the consent of any person'\"", "status": "VERIFIED", "sources": [ "nc-47F-2-117", "redline-2026" ], "source_doc": "N.C.G.S. 47F-2-117 (Amendment of declaration); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "Draft Art. Thirteen Secs. 4 and 5, pp. 44 to 45", "source_quote": "\"without the consent of any person or entity\"", "secondary": false, "computed": false, "correction": "", "notes": "Add: the draft also strikes the 2013 member right to amend by majority vote (pp. 44 to 45).", "is_new": false, "links": [ { "label": "Proposed Declaration, pages 44 to 45", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=44" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=44" }, { "id": "L057", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Scorecard: 3-107.1, \"No. The word 'hearing' does not appear in the draft\"", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "Whole document, tagged text (inserted, deleted, and unmarked layers)", "source_quote": "no occurrence of \"hearing\"", "secondary": false, "computed": false, "correction": "", "notes": "Checked all three layers. The only appeal right is for architectural (ASC) decisions, p. 36 to 37.", "is_new": false, "links": [ { "label": "Proposed Declaration (whole document)", "href": "docs/proposed-declaration-2026-board-redline.pdf" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "id": "L058", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Scorecard: 3-118, \"No (only the member roster is 'open to inspection')\"", "status": "VERIFIED", "sources": [ "nc-47F-3-118", "redline-2026" ], "source_doc": "N.C.G.S. 47F-3-118 (Association records); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "Draft Art. Six Sec. 8, p. 28", "source_quote": "\"shall be open to inspection by any Member\"; \"furnish to any Member Owner liable for an assessment a certificate in writing ... setting forth whether the Assessment has been paid\"", "secondary": false, "computed": false, "correction": "", "notes": "Core records rights in 3-118(a) are absent. The payment certificate (carried over from 2013) resembles 3-118(b) without its 10-business-day deadline or $200 fee cap; a strict count would score 3-118 as Partly.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 28", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" }, { "id": "L059", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Scorecard: 3-103(f), \"No\"", "status": "VERIFIED", "sources": [ "nc-47F-3-103", "redline-2026" ], "source_doc": "N.C.G.S. 47F-3-103 (Executive board members and officers); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "Whole accepted text", "source_quote": "3-103(f): \"The association shall publish the names and addresses of all officers and board members of the association within 30 days of their election.\"", "secondary": false, "computed": false, "correction": "", "notes": "No equivalent in the draft.", "is_new": false, "links": [ { "label": "Proposed Declaration (whole document)", "href": "docs/proposed-declaration-2026-board-redline.pdf" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "id": "L060", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Scorecard: 3-104, \"No, though the draft names a new Declarant\", serves \"Owners\"", "status": "SOFTEN", "sources": [ "nc-47F-3-104", "redline-2026" ], "source_doc": "N.C.G.S. 47F-3-104 (Transfer of special declarant rights); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "Draft preamble and Recital A, PDF p. 6", "source_quote": "Draft p. 6: \"By virtue of a Deed to Declarant dated June 30, 2009, and recorded in Book 363, Page 504, Perquimans County Registry, Declarant is the successor developer and Declarant\"", "secondary": false, "computed": false, "correction": "No, though the draft names a new Declarant. Serves: both (it keeps a transferring developer liable to owners, and also sets rules for lenders and successors)", "notes": "New point: the draft names Albemarle Preserve, LLC as Declarant (inserted) but keeps Recital A, which ties Declarant status to a 2009 deed; in the 2013 Declaration that recital referred to Albemarle Plantation Holdings, LLC. 47F-3-104(a) requires a recorded transfer instrument executed by the transferee.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 6", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=6" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=6" }, { "id": "L061", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Scorecard: 2-103, \"No\"", "status": "CORRECTED", "sources": [ "nc-47F-2-103", "redline-2026" ], "source_doc": "N.C.G.S. 47F-2-103 (Construction and validity of declaration and bylaws); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "Draft Art. Thirteen Secs. 3 and 9, pp. 44 and 46", "source_quote": "Draft p. 44: \"This Master Declaration shall take precedence over conflicting provisions in the Articles of Incorporation or the Bylaws of APPOA\"", "secondary": false, "computed": false, "correction": "Partly: the draft has its own priority clause (Declaration over Bylaws) and a severability clause; the rest is not stated", "notes": "2-103(a) (\"All provisions of the declaration and bylaws are severable\") and (c) (declaration prevails over bylaws) are in substance; (b) and (d) are not. Both clauses carried over from 2013 Art. Eleven Secs. 3 and 9.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 44", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=44" }, { "label": "Proposed Declaration, page 46", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=46" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=44" }, { "id": "L062", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Scorecard: 1-104, \"No\"", "status": "VERIFIED", "sources": [ "nc-47F-1-104", "redline-2026" ], "source_doc": "N.C.G.S. 47F-1-104 (Variation); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "Whole accepted text", "source_quote": "1-104(b): \"The provisions of this Chapter may not be varied by agreement\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration (whole document)", "href": "docs/proposed-declaration-2026-board-redline.pdf" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "id": "L063", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "of the 13 sections, the draft includes 2 (15%), includes 4 (31%) only in part, and leaves out 7 (54%).", "status": "CORRECTED", "sources": [ "nc-47F-1-102", "redline-2026" ], "source_doc": "N.C.G.S. 47F-1-102 (Applicability); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "Re-score in WP3 Section 4", "source_quote": "see scorecard rows", "secondary": false, "computed": false, "correction": "Of the 13 sections, the draft includes none in full. It includes parts of 7 (54%) and leaves out 6 (46%).", "notes": "Arithmetic of the original (2/13 = 15%, 4/13 = 31%, 7/13 = 54%) is right; the classification is not. Re-score: Partly = 2-103, 3-102, 3-107, 3-108, 3-115, 3-116, 3-121; Out = 1-104, 2-117, 3-103(f), 3-104, 3-107.1, 3-118. On a strict count that treats the 2013 payment certificate as part of 3-118, it is 8 partly (62%) and 5 out (38%).", "is_new": false, "links": [ { "label": "Proposed Declaration (whole document)", "href": "docs/proposed-declaration-2026-board-redline.pdf" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "id": "L064", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "it cites 2 of 13, and only one subsection of each.", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "PDF p. 29 (47F-3-116(e)) and p. 46 (47F-3-108(a)); Article One cites the Act generally", "source_quote": "\"N.C.G.S. 47F-3- 116(e)\"; \"N.C.G.S. 47F-3-108(a)\"", "secondary": false, "computed": false, "correction": "", "notes": "Both cites are carried over, unmarked, from the 2013 Declaration (Pgs 771 and 786). The 3-116(e) cite points to the wrong subsection for the $1,200 amount.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 29", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=29" }, { "label": "Proposed Declaration, page 46", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=46" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=29" }, { "id": "L065", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Of the 7 sections left out, 6 mainly protect owners.", "status": "CORRECTED", "sources": [ "nc-47F-1-102" ], "source_doc": "N.C.G.S. 47F-1-102 (Applicability)", "source_location": "Re-score", "source_quote": "see scorecard rows", "secondary": false, "computed": false, "correction": "All 6 sections the draft leaves out mainly protect owners, by this table's own labels (one, 3-104, also protects lenders and successor developers).", "notes": "With 2-103 moved to Partly, the original 6-of-7 becomes 6 of 6 under the report's labels.", "is_new": false, "links": [], "href": "" }, { "id": "L066", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Every section the draft includes, in full or in part, gives the Association a tool it uses; the lien section also carries real owner protections, listed below.", "status": "SOFTEN", "sources": [ "nc-47F-2-103", "nc-47F-3-115", "nc-47F-3-118" ], "source_doc": "N.C.G.S. 47F-2-103 (Construction and validity of declaration and bylaws); N.C.G.S. 47F-3-115 (Assessments for common expenses); N.C.G.S. 47F-3-118 (Association records)", "source_location": "Re-score", "source_quote": "see scorecard rows", "secondary": false, "computed": false, "correction": "Opinion: most of what the draft keeps from these sections gives the Association a tool it uses; the lien and assessment sections also carry real owner protections, listed below.", "notes": "2-103 (priority, severability), 3-107 (both), and 3-115(c) allocation rules are not one-sided tools; stated as fact, this overreaches.", "is_new": false, "links": [], "href": "" }, { "id": "L067", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "The same statute, 47F-1-102(d), lets a pre-1999 community adopt the whole Planned Community Act by amending its declaration with 67% of the owners' votes.", "status": "CORRECTED", "sources": [ "nc-47F-1-102" ], "source_doc": "N.C.G.S. 47F-1-102 (Applicability)", "source_location": "47F-1-102(d)", "source_quote": "\"lot owners of lots to which at least sixty-seven percent (67%) of the votes in the association are allocated or any smaller majority the declaration specifies\"", "secondary": false, "computed": false, "correction": "The same statute, N.C.G.S. 47F-1-102(d), lets a pre-1999 community adopt the whole Planned Community Act by amending its declaration with the votes of owners holding 67% of the votes, or any smaller majority the declaration specifies, whatever the declaration's own amendment rules say.", "notes": "The statute allows a smaller majority if the declaration specifies one, and it controls over conflicting declaration procedures. This route survives the draft.", "is_new": false, "links": [], "href": "" }, { "id": "L068", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "That is the same threshold this vote requires.", "status": "VERIFIED", "sources": [ "nc-47F-1-102", "letter-2026-10-15" ], "source_doc": "N.C.G.S. 47F-1-102 (Applicability); Board letter to owners releasing the proposal (October 15, 2026; reposted October 18)", "source_location": "47F-1-102(d); letter p. 1", "source_quote": "see above", "secondary": false, "computed": false, "correction": "", "notes": "The Board's measure, 67% of all lots, was checked October 19, 2026 against the saved letter: \"Approval will require the affirmative vote of a minimum of 67% of all properties/lots.\"", "is_new": false, "links": [], "href": "" }, { "id": "L069", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Notice by any method 47F-3-108(a) allows, including email (Article Thirteen, Section 11) [under \"Brought into the proposed Declaration\"]", "status": "SOFTEN", "sources": [ "redline-2026", "decl-2013" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Draft p. 46; 2013 Pg 786", "source_quote": "\"in any manner as permitted under N.C.G.S. 47F-3-108(a)\"", "secondary": false, "computed": false, "correction": "Change the column head to \"In the proposed Declaration\" and add to this row: \"(already in the 2013 Declaration, Article Eleven, Section 11)\"", "notes": "Not new: the 2013 Declaration already had it.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 46", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=46" }, { "label": "2013 Declaration, Book 410 Page 786", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=40" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=46" }, { "id": "L070", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "The statute lets a declaration substitute its own fine procedure; the proposed Declaration does neither.", "status": "SOFTEN", "sources": [ "nc-47F-3-107.1", "redline-2026" ], "source_doc": "N.C.G.S. 47F-3-107.1 (Procedures for fines and suspension of planned community privileges or services); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "47F-3-107.1; draft p. 45", "source_quote": "\"Unless a specific procedure for the imposition of fines or suspension of planned community privileges or services is provided for in the declaration, a hearing shall be held\"", "secondary": false, "computed": false, "correction": "The statute gives way only to a fine procedure written into the declaration itself; the proposed Declaration opts out of the statute and supplies no hearing procedure of its own.", "notes": "\"does neither\" has only one antecedent. Also: a Board policy is not \"provided for in the declaration\", so the Compliance Procedures do not displace 47F-3-107.1 where it applies.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 45", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=45" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=45" }, { "id": "L071", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "its enforcement section lets APPOA \"suspend Membership, levy a fine and/or bring legal action.\"", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "Art. Thirteen Sec. 7, PDF p. 45", "source_quote": "\"APPOA shall provide APPOA with the right to suspend Membership, levy a fine and/or bring legal action\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 45", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=45" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=45" }, { "id": "L072", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "A lien after 30 days unpaid, the earliest point the statute allows (2013: 90 days)", "status": "VERIFIED", "sources": [ "nc-47F-3-116", "redline-2026" ], "source_doc": "N.C.G.S. 47F-3-116 (Lien for sums due the association; enforcement); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "47F-3-116(a); draft p. 28", "source_quote": "\"remains unpaid for a period of 30 days or longer shall constitute a lien\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 28", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" }, { "id": "L073", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Interest up to 18%, the statute's maximum [under \"Brought into the proposed Declaration\"]", "status": "SOFTEN", "sources": [ "nc-47F-3-115", "decl-2013" ], "source_doc": "N.C.G.S. 47F-3-115 (Assessments for common expenses); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "47F-3-115(b); 2013 Pg 770 (image checked)", "source_quote": "2013 Art. Five Sec. 7: \"Any past-due common assessment or installment thereof shall bear interest at the rate established by the Board not exceeding eighteen percent (18%) per year.\"", "secondary": false, "computed": false, "correction": "Interest up to 18%, the statute's maximum (already in the 2013 Declaration; the draft moves it to Section 9)", "notes": "The draft strikes the sentence from Section 7 (p. 27) and inserts it in Section 9 (p. 28): a move, not new.", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 770", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" }, { "id": "L074", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "The 47F-3-121 first-page notice, which is what makes a political sign ban enforceable", "status": "SOFTEN", "sources": [ "nc-47F-3-121" ], "source_doc": "N.C.G.S. 47F-3-121 (American and State flags and political sign displays)", "source_location": "47F-3-121(2)b", "source_quote": "\"The restriction shall be construed to regulate or prohibit the display of political signs only if the restriction specifically states: 'THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS'.\"", "secondary": false, "computed": false, "correction": "The 47F-3-121 first-page notice, which the statute requires before a political sign ban can be enforced", "notes": "Necessary, not sufficient. For restrictions first registered before October 1, 2005, the statute asks only that the restriction use the term \"political signs\" (47F-3-121(2)a), which the 2013 ban does; whether the 2005 date runs from 2013 or from the original declaration is a question for counsel.", "is_new": false, "links": [], "href": "" }, { "id": "L075", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "The 47F-3-118 right to examine financial records and minutes [Left out]", "status": "VERIFIED", "sources": [ "nc-47F-3-118" ], "source_doc": "N.C.G.S. 47F-3-118 (Association records)", "source_location": "47F-3-118(a)", "source_quote": "\"as required in the bylaws and Chapter 55A of the General Statutes\"", "secondary": false, "computed": false, "correction": "", "notes": "Left out, correct. Note the 55A tie (see records table rows).", "is_new": false, "links": [], "href": "" }, { "id": "L076", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "The 47F-3-107.1 cap on fines [Left out]", "status": "VERIFIED", "sources": [ "nc-47F-3-107.1", "redline-2026" ], "source_doc": "N.C.G.S. 47F-3-107.1 (Procedures for fines and suspension of planned community privileges or services); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "Whole accepted text", "source_quote": "no fine cap in the draft", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration (whole document)", "href": "docs/proposed-declaration-2026-board-redline.pdf" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "id": "L077", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "the Association \"may impose a reasonable charge, covering the costs of labor and material, for producing for inspection or copying any records\"", "status": "VERIFIED", "sources": [ "nc-55A-16-03" ], "source_doc": "N.C.G.S. 55A-16-03 (Scope of inspection rights)", "source_location": "55A-16-03(c)", "source_quote": "\"The corporation may impose a reasonable charge, covering the costs of labor and material, for producing for inspection or copying any records provided to the member.\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [], "href": "" }, { "id": "L078", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "and \"the charge shall not exceed the estimated cost of production or reproduction of the records\" (N.C.G.S. 55A-16-03(c))", "status": "CORRECTED", "sources": [ "nc-55A-16-03" ], "source_doc": "N.C.G.S. 55A-16-03 (Scope of inspection rights)", "source_location": "55A-16-03(c)", "source_quote": "\"The charge shall not exceed the estimated cost of production or reproduction of the records.\"", "secondary": false, "computed": false, "correction": "and \"[t]he charge shall not exceed the estimated cost of production or reproduction of the records\" (N.C.G.S. 55A-16-03(c))", "notes": "Only the capital T differs; the earlier \"may not exceed\" error is fixed.", "is_new": false, "links": [], "href": "" }, { "id": "L079", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "That limit covers retrieving records for inspection, not only copies, which is exactly what the $200 minimum charges for.", "status": "VERIFIED", "sources": [ "nc-55A-16-03" ], "source_doc": "N.C.G.S. 55A-16-03 (Scope of inspection rights)", "source_location": "55A-16-03(c)", "source_quote": "\"for producing for inspection or copying any records\"", "secondary": false, "computed": false, "correction": "", "notes": "\"Retrieving\" is a fair reading of \"producing for inspection\".", "is_new": false, "links": [], "href": "" }, { "id": "L080", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "For some categories of records, state law also lets the Association ask a member to describe a proper purpose (55A-16-02(c)), so the purpose requirement is not unlawful on its face.", "status": "VERIFIED", "sources": [ "nc-55A-16-02" ], "source_doc": "N.C.G.S. 55A-16-02 (Inspection of records by members)", "source_location": "55A-16-02(a), (b), (c)", "source_quote": "(c)(2): \"The member describes with reasonable particularity the purpose and the records the member desires to inspect\"", "secondary": false, "computed": false, "correction": "", "notes": "Suggested addition: for the records in 55A-16-02(a) (articles, bylaws, membership-meeting minutes for three years, communications to members, list of directors and officers), the statute allows no purpose requirement and asks only five business days' written notice; GEN 1.1 asks a purpose for any document. Port Trinitie HOA v. Port Trinitie Ass'n, 2025 NCBC 43, dismissed records claims where members did not allege a compliant 55A-16-02 demand.", "is_new": false, "links": [], "href": "" }, { "id": "L081", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Whether a flat $200 minimum for one document, before any time is spent, fits \"estimated cost\" is a fair question for counsel.", "status": "VERIFIED", "sources": [ "nc-55A-16-03" ], "source_doc": "N.C.G.S. 55A-16-03 (Scope of inspection rights)", "source_location": "55A-16-03(c)", "source_quote": "\"estimated cost of production or reproduction\"", "secondary": false, "computed": false, "correction": "", "notes": "No North Carolina appellate case found applying 55A-16-03(c).", "is_new": false, "links": [], "href": "" }, { "id": "L082", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "The April 24, 2025 minutes record that the review committee \"requested information on the North Carolina Planned Community act and applicability of portions of Section 47F\" and was advised \"that the section does not apply to APPOA except those sections that apply to all planned communities, per AP Attorney.\"", "status": "VERIFIED", "sources": [ "minutes-appoa-20250424" ], "source_doc": "APPOA Board minutes, April 24, 2025", "source_location": "PDF p. 4, item 11.e (image checked)", "source_quote": "\"requested information on the North Carolina Planned Community act and applicability of portions of Section 47F. Committee advised that the section does not apply to APPOA except those sections that apply to all planned communities, per AP Attorney\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [], "href": "" }, { "id": "L083", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "So the opt-out reflects legal advice the Board received.", "status": "SOFTEN", "sources": [ "minutes-appoa-20250424" ], "source_doc": "APPOA Board minutes, April 24, 2025", "source_location": "PDF p. 4", "source_quote": "see above", "secondary": false, "computed": false, "correction": "So the Board received legal advice that most of 47F does not apply. As recorded, that advice does not say that the sections applying to all pre-1999 communities should be switched off; the draft's Article One does that.", "notes": "The recorded advice is about applicability, not about opting out.", "is_new": false, "links": [], "href": "" }, { "id": "L084", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "the Association's existing Compliance Policy (effective September 30, 2020) already gives owners written notice and the right to \"request a hearing in writing\" within 14 days, and caps fines at \"$100/day.\"", "status": "CORRECTED", "sources": [ "gen11-compliance-2020", "gen21-compliance-procedures-2020" ], "source_doc": "GEN 1.1, Compliance Policy (effective September 30, 2020); GEN 2.1, Compliance Procedures (effective September 30, 2020)", "source_location": "GEN 2.1 Sections I.E.2 (b) and I.F.1; GEN 1.1 header", "source_quote": "GEN 2.1: \"the opportunity for the Member to request a hearing in writing to be submitted to the Community Manager within 14 days of the delivery of the 2nd Violation Letter\"; \"may levy reasonable fines not to exceed $100/day\"", "secondary": false, "computed": false, "correction": "the Association's existing Compliance Policy and Compliance Procedures (GEN 1.1 and GEN 2.1, both effective September 30, 2020) already give owners written notice and the right to \"request a hearing in writing\" within 14 days, and cap fines at \"$100/day.\"", "notes": "The quoted words are in GEN 2.1 (Compliance Procedures), not GEN 1.1 (Compliance Policy), which only points to GEN 2.1. Both effective September 30, 2020 (text PDFs, not scans). Add GEN 2.1 to the footer. GEN 2.1 also bars owner lawsuits until its process is complete and lets APPOA elect arbitration.", "is_new": false, "links": [], "href": "" }, { "id": "L085", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "today the hearing and the cap are also backed by state law (47F-3-107.1).", "status": "SOFTEN", "sources": [ "nc-47F-3-107.1" ], "source_doc": "N.C.G.S. 47F-3-107.1 (Procedures for fines and suspension of planned community privileges or services)", "source_location": "47F-3-107.1; 47F-1-102(c)", "source_quote": "see statute", "secondary": false, "computed": false, "correction": "today the hearing and the cap are also required by a state statute (N.C.G.S. 47F-3-107.1) that applies to communities like ours unless the declaration expressly says otherwise.", "notes": "Depends on the 2013 Article Eleven, Section 11 question.", "is_new": false, "links": [], "href": "" }, { "id": "L086", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "the lien section also copies several owner protections from 47F-3-116, including 15 days' notice before a lien, the $1,200 cap on uncontested attorney fees, judicial foreclosure for fines-only debts, and the new 90-day bar on foreclosure.", "status": "SOFTEN", "sources": [ "nc-47F-3-116", "decl-2013", "redline-2026" ], "source_doc": "N.C.G.S. 47F-3-116 (Lien for sums due the association; enforcement); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "47F-3-116(b), (f)(12), (h); 2013 Pgs 770 to 771; draft pp. 28 to 29", "source_quote": "47F-3-116(h): \"may only be enforced by judicial foreclosure\"; draft p. 28: \"may be enforced by judicial foreclosure\"", "secondary": false, "computed": false, "correction": "In fairness: the lien section also copies several owner protections from N.C.G.S. 47F-3-116: 15 days' mailed notice before a lien, a $1,200 cap on attorneys' fees when the owner does not contest, judicial foreclosure for debts made up only of fines, and the new 90-day bar on foreclosure. The first three were already in the 2013 Declaration. Two are weaker than the statute: the statute's $1,200 cap covers attorneys' fees and the trustee's commission together, and the statute says fines-only liens \"may only be enforced by judicial foreclosure.\"", "notes": "", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Pages 770 to 771", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" }, { "label": "Proposed Declaration, pages 28 to 29", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" }, { "id": "L087", "group": "Law", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Opinion: ... Where 47F gives the Association a tool (email notice, a faster lien, maximum interest, an enforceable sign ban), the proposal writes it in.", "status": "SOFTEN", "sources": [ "decl-2013", "redline-2026" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "2013 Pgs 770 and 786; draft pp. 1, 28, 46", "source_quote": "see rows above", "secondary": false, "computed": false, "correction": "Opinion: the pattern is plain. Where 47F gives the Association a tool (email notice, a faster lien, maximum interest, an enforceable sign ban), the proposal keeps it or writes it in; email notice and maximum interest were already in the 2013 Declaration, and the faster lien and the sign notice are new.", "notes": "", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 770", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" }, { "label": "2013 Declaration, Book 410 Page 786", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=40" }, { "label": "Proposed Declaration, page 1", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=1" }, { "label": "Proposed Declaration, page 28", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" }, { "label": "Proposed Declaration, page 46", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=46" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" }, { "id": "M020", "group": "Minutes, posts and correspondence", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "Twenty days before owners received this redline, a new records policy took effect.", "status": "VERIFIED", "sources": [ "gen11-records", "letter-2026-10-15", "post-2026-10-08" ], "source_doc": "GEN 1.1, Document Request Policy (September 25, 2026 version); Board letter to owners releasing the proposal (October 15, 2026; reposted October 18); Board post on the process and informational meetings (October 8, 2026)", "source_location": "GEN 1.1 PDF p.1", "source_quote": "EFFECTIVE DATE: September 25, 2026", "secondary": false, "computed": false, "correction": "", "notes": "Arithmetic: Sep 25 to Oct 15, 2026 = 20 days. The October 15 release date was checked October 19, 2026 against the saved Board post of October 8 (\"Residents will receive the revised Master Declaration on October 15.\") and the date of the portal post that carried the Board letter. Note for the legal/financial agent: this Downloads copy (saved Sep 25, 2026, 12:50) reads 'There is a minimum charge of $200.00 for the staff to retrieve any document', without 'for the first hour', which the report quotes from the version posted Sep 29 (per secondary).", "is_new": false, "links": [ { "label": "GEN 1.1 (September 25 version), page 1", "href": "docs/gen-1-1-document-request-policy-2026-09-25.pdf#page=1" } ], "href": "docs/gen-1-1-document-request-policy-2026-09-25.pdf#page=1" }, { "id": "M021", "group": "Minutes, posts and correspondence", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "(No posted minutes record its adoption; the September 2026 minutes are not yet posted.)", "status": "UNVERIFIABLE", "sources": [ "minutes-on-disk", "minutes-appoa-20260226", "portal-search-2026-10-18" ], "source_doc": "APPOA and APPI Board minutes, 2023 to March 2026 (searched as a set); APPOA Board minutes, February 26, 2026; Engage portal search record, October 18, 2026 (secondary record)", "source_location": "Feb 26, 2026 PDF p.1, item 3.a.ii.2", "source_quote": "Minutes are published once the BoD has had time to review and approve the minutes from the previous month's meeting. Normally this means that the minutes are not published until one month after the BoD meeting is held.", "secondary": false, "computed": false, "correction": "(No posted minutes record its adoption. The Board says minutes are normally published about a month after each meeting, so the September 2026 minutes, not yet posted, may record it.)", "notes": "On-disk minutes through Mar 26, 2026 contain no reference to GEN 1.1 or a document request policy (text search). Adoption would fall in Aug to Sep 2026 minutes: Aug 27, 2026 was saved October 19, 2026 (see below); Sep 2026 not posted per secondary. Spaces in the Board quote closed up. Text-layer PDF; Page image rendered with PyMuPDF and checked. | Checked October 19, 2026: the minutes saved that day (APPOA Board, April 23, May 28, July 23 and August 27, 2026; Finance and Budget Committee, August 25, 2026) also contain no reference to GEN 1.1 or a document request policy (text search; the July 23 minutes, a scan, were also read from their page images). The remaining gap is the September 2026 minutes, which the portal search record says are not yet posted.", "is_new": false, "links": [], "href": "" }, { "id": "M022", "group": "Minutes, posts and correspondence", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "The April 24, 2025 minutes record that the review committee \"requested information on the North Carolina Planned Community act and applicability of portions of Section 47F\"", "status": "VERIFIED", "sources": [ "minutes-appoa-20250424" ], "source_doc": "APPOA Board minutes, April 24, 2025", "source_location": "PDF p.4, item 11.e", "source_quote": "requested information on the North Carolina Planned Community act and applicability of portions of Section 47F", "secondary": false, "computed": false, "correction": "", "notes": "Scanned page (no text layer); OCR text from work/zip_extract; Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M023", "group": "Minutes, posts and correspondence", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "and was advised \"that the section does not apply to APPOA except those sections that apply to all planned communities, per AP Attorney.\"", "status": "VERIFIED", "sources": [ "minutes-appoa-20250424" ], "source_doc": "APPOA Board minutes, April 24, 2025", "source_location": "PDF p.4, item 11.e", "source_quote": "Committee advised that the section does not apply to APPOA except those sections that apply to all planned communities, per AP Attorney", "secondary": false, "computed": false, "correction": "", "notes": "Source has no closing period. Scanned page (no text layer); OCR text from work/zip_extract; Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M024", "group": "Minutes, posts and correspondence", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "So the opt-out reflects legal advice the Board received.", "status": "SOFTEN", "sources": [ "minutes-appoa-20250424" ], "source_doc": "APPOA Board minutes, April 24, 2025", "source_location": "PDF p.4, item 11.e", "source_quote": "Committee advised that the section does not apply to APPOA except those sections that apply to all planned communities, per AP Attorney", "secondary": false, "computed": false, "correction": "So the Board had legal advice that most of 47F does not apply to APPOA. The minutes do not record advice on opting out of the sections that do apply.", "notes": "The recorded advice excepts 'those sections that apply to all planned communities'; the proposed Article One goes further by disapplying the Act 'except as expressly incorporated'. The minutes on disk record no advice to opt out of the sections that apply.", "is_new": false, "links": [], "href": "" }, { "id": "M025", "group": "Minutes, posts and correspondence", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "In August 2026 the Board told a member the proposed Declaration \"incorporates much of NC47F\" (Friday Forum, August 28, 2026), without naming which sections.", "status": "VERIFIED", "sources": [ "notes-friday-forum-20260828" ], "source_doc": "Friday Forum notes, August 28, 2026", "source_location": "p. 9", "source_quote": "The MD is in final review and will be presented to the community ahead of a vote. It incorporates much of NC47F.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026: the answer names no sections.", "is_new": false, "links": [], "href": "" }, { "id": "M026", "group": "Minutes, posts and correspondence", "section": "5", "section_base": "5", "section_label": "Section 5", "claim": "The Board's answer in August 2026 was that the draft \"incorporates much of NC47F.\" (callout)", "status": "VERIFIED", "sources": [ "notes-friday-forum-20260828" ], "source_doc": "Friday Forum notes, August 28, 2026", "source_location": "p. 9", "source_quote": "It incorporates much of NC47F.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026 against the saved notes.", "is_new": false, "links": [], "href": "" }, { "id": "D102", "group": "Documents and redline", "section": "6", "section_base": "6", "section_label": "Section 6", "claim": "Article Thirteen, Section 5 (page 45) carries over, largely unmarked, the 2013 clause that APPOA may amend the Declaration \"at any time without prior notice and without the consent of any person or entity,\" and that the Board \"may modify or restate and amend this Master Declaration.\"", "status": "SOFTEN", "sources": [ "redline-2026", "decl-2013" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "draft p45; 2013 Pg 785 (page image)", "source_quote": "\"The Board of Directors of the Association, after the first Association meeting as herein provided, may modify or restate and amend this Master Declaration provided any such amendment, restatement or modification may not materially alter the basic plan of development.\"", "secondary": false, "computed": false, "correction": "Article Thirteen, Section 5 (page 45) carries over, largely unmarked, the 2013 clause that APPOA may amend the Declaration \"at any time without prior notice and without the consent of any person or entity\", and that the Board \"may modify or restate and amend this Master Declaration\", in each case provided the change does not \"materially alter the basic plan of development.\" The draft also strikes the 2013 clause that lets owners amend the Declaration by majority vote (Article Thirteen, Section 4).", "notes": "Quotes verified; adds the existing limit and the struck owner right (fairness and completeness).", "is_new": false, "links": [ { "label": "Proposed Declaration, page 45", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=45" }, { "label": "2013 Declaration, Book 410 Page 785", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=39" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=45" }, { "id": "D103", "group": "Documents and redline", "section": "6", "section_base": "6", "section_label": "Section 6", "claim": "The recorded 2013 to 2015 amendments were all adopted this way, without a member vote.", "status": "SOFTEN", "sources": [ "amd-01", "amd-02", "amd-03", "amd-04", "minutes-on-disk" ], "source_doc": "First Amendment to the 2013 Declaration, recorded Book 419 Page 808; Second Amendment to the 2013 Declaration, recorded Book 422 Page 236; Third Amendment to the 2013 Declaration, recorded Book 443 Page 113; Fourth Amendment to the 2013 Declaration, recorded Book 443 Page 420; APPOA and APPI Board minutes, 2023 to March 2026 (searched as a set)", "source_location": "recitals; signature blocks", "source_quote": "\"NOW, THEREFORE, Association, pursuant to the provisions of Article 11, Section 5 of the Restated Declaration hereby amends\"; notary: \"by authority duly given by the Board of Directors\"", "secondary": false, "computed": false, "correction": "Each of the four recorded amendments of 2013 to 2015 recites that it was made under this clause and signed on the Board's authority; none recites a member vote, and the Board minutes record Board votes approving them.", "notes": "Precise and fully sourced.", "is_new": false, "links": [ { "label": "First Amendment (2013) (whole document)", "href": "docs/amendment-1-2013-bk419-pg808.pdf" }, { "label": "Second Amendment (2013) (whole document)", "href": "docs/amendment-2-2013-bk422-pg236.pdf" }, { "label": "Third Amendment (2015) (whole document)", "href": "docs/amendment-3-2015-bk443-pg113.pdf" }, { "label": "Fourth Amendment (2015) (whole document)", "href": "docs/amendment-4-2015-bk443-pg420.pdf" } ], "href": "docs/amendment-1-2013-bk419-pg808.pdf" }, { "id": "D104", "group": "Documents and redline", "section": "6", "section_base": "6", "section_label": "Section 6", "claim": "Yet the proposed Declaration hands voting eligibility and special assessment voting procedures to those bylaws.", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "pp23, 26", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 23", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=23" }, { "label": "Proposed Declaration, page 26", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=26" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=23" }, { "id": "D105", "group": "Documents and redline", "section": "6", "section_base": "6", "section_label": "Section 6", "claim": "The proposed Declaration names Albemarle Preserve, LLC as the \"Declarant,\" the developer with special rights under the document.", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p6, preamble (marked)", "source_quote": "\"{+Albemarle Preserve, LLC, a North Carolina limited liability company+} ( the \"Declarant\")\"", "secondary": false, "computed": false, "correction": "", "notes": "Add: the redline's struck original names \"Pioneer Land Company DBA Preserve Homes, Inc.\", not the recorded Declarant (Albemarle Plantation Holdings, LLC). Section 14.09 lets \"the Declarant\" appoint one Board member while it owns a lot, and the revised Bylaws extend the Board seat from \"the current Developer only, Albemarle Plantation Holdings, LLC\" to \"the current Declarant or subsequent Declarant\" (unmarked).", "is_new": false, "links": [ { "label": "Proposed Declaration, page 6", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=6" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=6" }, { "id": "D106", "group": "Documents and redline", "section": "6", "section_base": "6", "section_label": "Section 6", "claim": "The proposed signature block says \"sixty-seven percent (67%) of the Members eligible to vote.\"", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p47", "source_quote": "\"approved by sixty-seven percent (67%) of the Members eligible to vote on the day and year first above written\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 47", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=47" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=47" }, { "id": "F049", "group": "Financial records", "section": "6", "section_base": "6", "section_label": "Section 6", "claim": "The 2025 audit (Notes 3 and 9) reports that in 2025 the Association sold 54 lots for $450,010, at a loss of $135,377;", "status": "VERIFIED", "sources": [ "audit-2025" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Note 9, PDF p. 18 (printed p. 16)", "source_quote": "\"In total, fifty-four lots were sold in 2025 for $450,010, resulting in a loss of $135,377.\"", "secondary": false, "computed": false, "correction": "", "notes": "Born-digital PDF; quote taken from the text layer and confirmed on the rendered page image (work/renders/financial). The notes say \"the Organization\" (the consolidated group); Note 9 says the lots had been transferred to the Association.", "is_new": false, "links": [], "href": "" }, { "id": "F050", "group": "Financial records", "section": "6", "section_base": "6", "section_label": "Section 6", "claim": "52 of them went to Albemarle Preserve for $10 in cash plus $425,000 in promised amenity funding.", "status": "SOFTEN", "sources": [ "audit-2025" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Note 3, PDF p. 16 (printed p. 14)", "source_quote": "\"The $425,010 received consisted of $10 in cash and funding for the construction of several amenities for the Organization between 2025 and 2027, totaling $425,000. In accordance with the agreement, $75,000 was received in 2025 for the design and construction of pickleball courts, $250,000 is due in 2026 for the design, installation and construction of a barn, and $100,000 is due in 2027 for the design and construction of walking trails.\"", "secondary": false, "computed": false, "correction": "52 of them went to Albemarle Preserve for $10 in cash plus $425,000 in funding for new amenities ($75,000 received in 2025, $250,000 due in 2026 and $100,000 due in 2027); that sale's loss was $102,798.", "notes": "Born-digital PDF; quote taken from the text layer and confirmed on the rendered page image (work/renders/financial). \"Promised\" fits only $350,000; $75,000 was received in 2025. Agreement dated December 27, 2024, effective April 17, 2025; Note 3: \"This sale resulted in a loss of $102,798\". Source has a double space before \"of walking trails\".", "is_new": false, "links": [], "href": "" }, { "id": "F051", "group": "Financial records", "section": "6", "section_base": "6", "section_label": "Section 6", "claim": "The Association's subsidiary also sold the real estate company to Albemarle Preserve for $10;", "status": "VERIFIED", "sources": [ "audit-2025" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Note 3, PDF p. 16 (printed p. 14); Note 1, PDF p. 10", "source_quote": "\"On April 17, 2025, Properties sold its ownership of Realty to Albemarle Preserve for $10 resulting in a gain of $109,920.\"", "secondary": false, "computed": false, "correction": "", "notes": "Born-digital PDF; quote taken from the text layer and confirmed on the rendered page image (work/renders/financial). Properties (APPI) is the Association's wholly owned subsidiary (Note 1). Optional context from the same audit: Albemarle Preserve \"also agreed to fund Realty, now an unrelated entity, for $400,000 per year, for the next three years\" (Note 3), and \"On October 3, 2025, an entity affiliated with Albemarle Preserve purchased APHII and AUC\" (Note 20, printed p. 22).", "is_new": false, "links": [], "href": "" }, { "id": "F052", "group": "Financial records", "section": "6", "section_base": "6", "section_label": "Section 6", "claim": "in fairness, Realty was carrying a net deficit, so the audit records a $109,920 gain on that sale.", "status": "VERIFIED", "sources": [ "audit-2025" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Note 3 table, PDF p. 16 (printed p. 14)", "source_quote": "\"Net deficit $ (109,910)\" / \"Net deficit transferred to Albemarle Preserve $ 109,910\" / \"Cash received 10\" / \"Gain on sale $ 109,920\"", "secondary": false, "computed": false, "correction": "", "notes": "Born-digital PDF; quote taken from the text layer and confirmed on the rendered page image (work/renders/financial).", "is_new": false, "links": [], "href": "" }, { "id": "L088", "group": "Law", "section": "6", "section_base": "6", "section_label": "Section 6", "claim": "Under 47F-2-117, which state law applies to communities like ours unless the declaration opts out, amending a declaration takes 67% of the owners.", "status": "VERIFIED", "sources": [ "nc-47F-2-117", "nc-47F-1-102", "case-adum-2021", "case-kimler-2016" ], "source_doc": "N.C.G.S. 47F-2-117 (Amendment of declaration); N.C.G.S. 47F-1-102 (Applicability); Adum v. Albemarle Plantation Prop. Owners Ass'n, 2021 NCBC 4 (N.C. Super. Ct. Jan. 19, 2021); Kimler v. Crossings at Sugar Hill Prop. Owner's Ass'n, 248 N.C. App. 518 (2016)", "source_location": "47F-2-117(a); 47F-1-102(c); Adum para. 59; Kimler at 524", "source_quote": "Adum para. 59: \"Because the original 1989 Master Declaration does not expressly contradict [N.C. Gen. Stat. § 47F-2-117], Defendant Association must abide by [N.C. Gen. Stat. § 47F-2-117] requiring 67% of the lot owners to vote on amendments.\" (quote verified with the Descrybe quote tool; bracketed cites replace the opinion's dash-printed cites)", "secondary": false, "computed": false, "correction": "", "notes": "\"opts out\" should read \"expressly provides to the contrary\". Strong support: the Business Court said exactly this about APPOA in 2021, though it held the challenges to the 2009 to 2013 amendments time-barred. Exceptions in 2-117(a): amendments a declarant may execute under the declaration, and declarant amendments for development rights.", "is_new": false, "links": [], "href": "" }, { "id": "L089", "group": "Law", "section": "6", "section_base": "6", "section_label": "Section 6", "claim": "The draft opts out and keeps the older rule.", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "Article One p. 8; Art. Thirteen Secs. 4 and 5 pp. 44 to 45", "source_quote": "see above", "secondary": false, "computed": false, "correction": "", "notes": "Add: and it strikes the 2013 member right to amend by majority vote after 2022 (marked).", "is_new": false, "links": [ { "label": "Proposed Declaration, page 8", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=8" }, { "label": "Proposed Declaration, pages 44 to 45", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=44" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=8" }, { "id": "L090", "group": "Law", "section": "6", "section_base": "6", "section_label": "Section 6", "claim": "Article Thirteen, Section 5 (page 45) carries over, largely unmarked, the 2013 clause that APPOA may amend the Declaration \"at any time without prior notice and without the consent of any person or entity,\" and that the Board \"may modify or restate and amend this Master Declaration.\"", "status": "SOFTEN", "sources": [ "redline-2026", "decl-2013" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "Draft p. 45 (image checked); 2013 Pg 785 (image checked)", "source_quote": "\"provided any such amendment or modification may not materially alter the basic plan of development\"", "secondary": false, "computed": false, "correction": "Add after the quotes: \"in each case only if the change does not 'materially alter the basic plan of development.'\"", "notes": "Quotes verified exactly. The omitted limit (it appears twice) is the main textual check on the Board's power and may explain why the Board is seeking a vote for a full restatement.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 45", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=45" }, { "label": "2013 Declaration, Book 410 Page 785", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=39" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=45" }, { "id": "L091", "group": "Law", "section": "6", "section_base": "6", "section_label": "Section 6", "claim": "The recorded 2013 to 2015 amendments were all adopted this way, without a member vote.", "status": "SOFTEN", "sources": [ "amd-01", "amd-02", "amd-03", "amd-04" ], "source_doc": "First Amendment to the 2013 Declaration, recorded Book 419 Page 808; Second Amendment to the 2013 Declaration, recorded Book 422 Page 236; Third Amendment to the 2013 Declaration, recorded Book 443 Page 113; Fourth Amendment to the 2013 Declaration, recorded Book 443 Page 420", "source_location": "Recital B and NOW THEREFORE clause of each; notary block; Amendment 1 page image checked (Bk 419 Pg 808)", "source_quote": "\"NOW, THEREFORE, Association, pursuant to the provisions of Article 11, Section 5 of the Restated Declaration hereby amends\"; \"by authority duly given by the Board of Directors\"", "secondary": false, "computed": false, "correction": "The four recorded amendments of 2013 and 2015 each recite that they were made under that clause, signed by an officer \"by authority duly given by the Board of Directors\"; none recites a member vote.", "notes": "The recitals support the claim but do not prove the negative. Amendment 1 recital also misstates the 2013 Declaration as \"Book 410, Page 751\".", "is_new": false, "links": [ { "label": "First Amendment (2013), Page 808", "href": "docs/amendment-1-2013-bk419-pg808.pdf#page=1" } ], "href": "docs/amendment-1-2013-bk419-pg808.pdf#page=1" }, { "id": "L092", "group": "Law", "section": "6", "section_base": "6", "section_label": "Section 6", "claim": "Opinion: if the Board can amend alone, owners should ask why this vote is needed, and should know that approving this document does not take that power away.", "status": "SOFTEN", "sources": [ "redline-2026", "case-adum-2021" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Adum v. Albemarle Plantation Prop. Owners Ass'n, 2021 NCBC 4 (N.C. Super. Ct. Jan. 19, 2021)", "source_location": "Draft p. 45; Adum para. 59", "source_quote": "see above", "secondary": false, "computed": false, "correction": "Opinion: if the Board can amend alone, owners should ask why this vote is needed. One likely answer: the Board's power covers only changes that do not \"materially alter the basic plan of development,\" and in 2021 the state Business Court, in a case owners brought against APPOA, said APPOA \"must abide by\" the Planned Community Act's 67% amendment rule. Either way, approving this document does not take the Board's power away.", "notes": "Fairness: gives the Board's likely reason.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 45", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=45" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=45" }, { "id": "L093", "group": "Law", "section": "6", "section_base": "6", "section_label": "Section 6", "claim": "Owners are being asked to approve the Declaration while the rules it depends on can be changed without them.", "status": "VERIFIED", "sources": [ "articles-1989", "nc-55A-2-06" ], "source_doc": "APPOA Articles of Incorporation (1989), recorded Book 130 Page 635; N.C.G.S. 55A-2-06 (Bylaws)", "source_location": "Articles VII (Bk 130 Pgs 637 to 638); 55A-2-06(b)", "source_quote": "Articles VII: \"provided such action and the resulting Bylaws are not inconsistent with the Articles of Incorporation or the Master Declaration\"", "secondary": false, "computed": false, "correction": "", "notes": "Board bylaw changes must stay consistent with the Articles and the Declaration.", "is_new": false, "links": [], "href": "" }, { "id": "L094", "group": "Law", "section": "6", "section_base": "6", "section_label": "Section 6", "claim": "Under the Board's letter, approval requires 67% of all lots, one vote per lot. The proposed signature block says \"sixty-seven percent (67%) of the Members eligible to vote.\" If those are different numbers, owners should know which one will be used.", "status": "VERIFIED", "sources": [ "redline-2026", "nc-47F-2-117", "gen32-good-standing", "letter-2026-10-15" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); N.C.G.S. 47F-2-117 (Amendment of declaration); GEN 3.2, Members Good Standing Qualifications; Board letter to owners releasing the proposal (October 15, 2026; reposted October 18)", "source_location": "Draft p. 47 (unmarked); 47F-2-117(a); GEN 3.2", "source_quote": "\"approved by sixty-seven percent (67%) of the Members eligible to vote\"", "secondary": false, "computed": false, "correction": "", "notes": "Signature block verified. They differ whenever any member is ineligible (GEN 3.2 excludes members not current or with a lien) or when one member owns several lots (\"67% of the Members\" can be read per person; the Declaration gives one vote per lot). 47F-2-117(a) counts votes allocated to lots. The letter's \"67% of all properties/lots\" and one vote per property/lot were checked October 19, 2026 against the saved letter.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 47", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=47" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=47" }, { "id": "M027", "group": "Minutes, posts and correspondence", "section": "6", "section_base": "6", "section_label": "Section 6", "claim": "The Board's letter says the revised bylaws \"do not require Member approval.\"", "status": "VERIFIED", "sources": [ "letter-2026-10-15" ], "source_doc": "Board letter to owners releasing the proposal (October 15, 2026; reposted October 18)", "source_location": "p. 1", "source_quote": "These documents do not require Member approval but are provided for informational purposes and transparency to the Membership.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026: the letter says this of the revised APPOA and APPI Bylaws.", "is_new": false, "links": [], "href": "" }, { "id": "M028", "group": "Minutes, posts and correspondence", "section": "6", "section_base": "6", "section_label": "Section 6", "claim": "The recorded 2013 to 2015 amendments were all adopted this way, without a member vote.", "status": "VERIFIED", "sources": [ "minutes-appoa-2013-compilation", "minutes-appoa-special-20150914" ], "source_doc": "APPOA Board minutes, 2013 (compiled file); APPOA special Board meeting minutes, September 14, 2015", "source_location": "2013 compilation PDF p.15, p.18, p.5; 2015-09-14 PDF p.1 to p.2", "source_quote": "to approve the revised Amendment 1. Motion passed 7-0. | APH has approved the Second Amendment to the Restated Master Declaration | A motion to approve the draft with final changes incorporated was made by [name omitted] and seconded by [name omitted].", "secondary": false, "computed": false, "correction": "", "notes": "Minutes support 'without a member vote': 2013 Amendment 1 approved by Board vote 7-0 (recorded Sept 17, 2013, p.15); 2015 revisions approved by Board votes 7-0 at the Sep 14, 2015 special meeting and recorded (Sep 24, 2015 minutes). Nuance for the legal agent: the Nov 21, 2013 minutes say the developer, APH, 'has approved the Second Amendment'. The 2015 motions read 'approved 7 [dash] 0' in the source (dash not reproduced, per the no-dash rule). Text-layer PDFs; not image-checked (supporting row only).", "is_new": false, "links": [], "href": "" }, { "id": "M029", "group": "Minutes, posts and correspondence", "section": "6", "section_base": "6", "section_label": "Section 6", "claim": "Under the Board's letter, approval requires 67% of all lots, one vote per lot.", "status": "VERIFIED", "sources": [ "letter-2026-10-15" ], "source_doc": "Board letter to owners releasing the proposal (October 15, 2026; reposted October 18)", "source_location": "p. 1", "source_quote": "Each property/lot owner is entitled to one (1) vote per property/lot.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026 against the saved letter.", "is_new": false, "links": [], "href": "" }, { "id": "D107", "group": "Documents and redline", "section": "7", "section_base": "7", "section_label": "Section 7", "claim": "\"No political signs shall not be displayed on any Lot, Dwelling, or anywhere else in the APPOA Community.\" (Article Twelve, Section 5, page 42.)", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p42", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "Add: the 2013 text reads \"Political signs shall not be displayed\"; the draft adds \"No\".", "is_new": false, "links": [ { "label": "Proposed Declaration, page 42", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=42" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=42" }, { "id": "D108", "group": "Documents and redline", "section": "7", "section_base": "7", "section_label": "Section 7", "claim": "A dead cross-reference. Section 14.11 (page 20) requires Cole Tract homes to follow \"Section 3 of Article Eleven ... relating to the Preferred Builders Program.\"", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p20", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "The text comes from the recorded First Amendment (Bk 419 Pg 809).", "is_new": false, "links": [ { "label": "Proposed Declaration, page 20", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=20" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=20" }, { "id": "D109", "group": "Documents and redline", "section": "7", "section_base": "7", "section_label": "Section 7", "claim": "Committee size conflict. The definitions say the ASC has 3 to 7 members (page 9); Article Eleven, Section 2 says 5 to 7 (page 33).", "status": "VERIFIED", "sources": [ "redline-2026", "decl-2013" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "pp9, 33; 2013 Pg 753, Fourth Amendment Bk 443 Pg 421", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "Fairness: the recorded text already conflicted (definition three to five; Article Ten Sec. 2, as amended in 2015, five to seven).", "is_new": false, "links": [ { "label": "Proposed Declaration, page 9", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=9" }, { "label": "Proposed Declaration, page 33", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=33" }, { "label": "2013 Declaration, Book 410 Page 753", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=7" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=9" }, { "id": "D110", "group": "Documents and redline", "section": "7", "section_base": "7", "section_label": "Section 7", "claim": "Mislabeled amendments. The new recital (pages 6 to 7) calls both 2015 amendments (Book 443 Page 113 and Book 443 Page 420) a \"First Amendment.\"", "status": "VERIFIED", "sources": [ "redline-2026", "amd-04" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Fourth Amendment to the 2013 Declaration, recorded Book 443 Page 420", "source_location": "pp6 to 7; Bk 443 Pg 113 and Pg 420 p1", "source_quote": "Third and Fourth Amendments: \"(the \"First Amendment\")\"", "secondary": false, "computed": false, "correction": "", "notes": "Fairness: both 2015 instruments call themselves \"the 'First Amendment'\" in their own text.", "is_new": false, "links": [ { "label": "Proposed Declaration, pages 6 to 7", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=6" }, { "label": "Fourth Amendment (2015), Page 420", "href": "docs/amendment-4-2015-bk443-pg420.pdf#page=1" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=6" }, { "id": "D111", "group": "Documents and redline", "section": "7", "section_base": "7", "section_label": "Section 7", "claim": "Priority clause. \"The Articles shall take precedence over the APPI Bylaws\" (page 44).", "status": "CORRECTED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p44", "source_quote": "\"...the Bylaws of APPOA and the Articles shall take precedence over the APPI Bylaws.\"", "secondary": false, "computed": false, "correction": "Priority clause. \"the Articles shall take precedence over the APPI Bylaws\" (page 44).", "notes": "Lower-case \"the\" in the source.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 44", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=44" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=44" }, { "id": "D112", "group": "Documents and redline", "section": "7", "section_base": "7", "section_label": "Section 7", "claim": "Stale reference. Section 14.05 still cites \"Paragraph 13.04,\" which no longer exists under that number (page 18).", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p18", "source_quote": "\"pay the initiation fees as spelled out in Paragraph 13.04, if applicable\"", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 18", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=18" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=18" }, { "id": "D113", "group": "Documents and redline", "section": "7", "section_base": "7", "section_label": "Section 7", "claim": "Incomplete sentence. \"Should any additional property be added to Albemarle Plantation and become subject to this Master Declaration. This area will be recorded with the county and a map added to the development.\" (Article Three, Section 4, page 12.)", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "p12", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 12", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=12" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=12" }, { "id": "D114", "group": "Documents and redline", "section": "7", "section_base": "7", "section_label": "Section 7", "claim": "Statute citation misprinted several times as \"N.C.G.S. lA-1, Rule 4(j)(l)\" with the letter l for the number 1 (pages 29 to 30), a sign the text was built from a scanned copy.", "status": "SOFTEN", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "pp29 to 30 (zoomed renders)", "source_quote": "\"N.C.G.S. lA-1, Rule 4(j)(l)c., d., or e.\"", "secondary": false, "computed": false, "correction": "Statute citation \"N.C.G.S. 1A-1\" misprinted four times as \"lA-1\", with the letter l for the number 1, and once as \"Rule 4(j)(l)\" (pages 29 to 30), which suggests the text was built from a scanned copy.", "notes": "The full string appears once; \"lA-1\" four times. The redline also fixes one scan error (\"Rule 40)\" to \"Rule 4(j)\") with markup.", "is_new": false, "links": [ { "label": "Proposed Declaration, pages 29 to 30", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=29" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=29" }, { "id": "D115", "group": "Documents and redline", "section": "7", "section_base": "7", "section_label": "Section 7", "claim": "\"APPOAA\" (page 17) and \"documented biting history..\" (page 41).", "status": "VERIFIED", "sources": [ "redline-2026" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "pp17, 41", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 17", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=17" }, { "label": "Proposed Declaration, page 41", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=41" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=17" }, { "id": "D116", "group": "Documents and redline", "section": "7", "section_base": "7", "section_label": "Section 7", "claim": "APPOA Bylaws, Article 13, Section 2: with changes accepted it reads \"the provisions of the shall control.\"", "status": "VERIFIED", "sources": [ "bylaws-2026", "bylaws-inforce" ], "source_doc": "Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "p12", "source_quote": "\"...are in conflict with the Declaration, the provisions of the shall control.\"", "secondary": false, "computed": false, "correction": "", "notes": "Double space in source closed up.", "is_new": false, "links": [ { "label": "Revised APPOA Bylaws (whole document)", "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/proposed-appoa-bylaws-2026-board-redline.pdf" }, { "id": "D117", "group": "Documents and redline", "section": "7 (new)", "section_base": "7", "section_label": "Section 7 (new)", "claim": "(not in v2.7) additional errors in the final text", "status": "CORRECTED", "sources": [ "review-wp1" ], "source_doc": "This review: redline re-derivation (every change, marked and unmarked)", "source_location": "Section 8", "source_quote": "", "secondary": false, "computed": false, "correction": "Add: the clause printed twice in Article Four, Section 3(d) (page 14); \"other immediate family pets\" and \"immediate family refuge\" (pages 41 to 42), from replacing \"household\" with \"immediate family\" throughout; the Lot definition's sentence with no verb (page 10); \"per annum as, and, as set forth in Subsection 6(a)\" (page 26); \"Development\" and \"Community\" used but no longer defined; and the Bylaws' title, \"ALBEMARLE PLANTATION PROPERTY OWNERS APPOA, INC.\".", "notes": "", "is_new": false, "links": [], "href": "" }, { "id": "D118", "group": "Documents and redline", "section": "8", "section_base": "8", "section_label": "Section 8", "claim": "30 days notice before Common Area changes and easements. Foreclosure barred until an assessment is at least 90 days past due. The required first-page notice for political sign rules (N.C.G.S. 47F-3-121), which the 2013 Declaration lacked. Wood-burning fire pits allowed. Owners no longer limited to a Board list of preferred builders. Updated amenity list and definitions.", "status": "VERIFIED", "sources": [ "redline-2026", "decl-2013" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "pp1, 14 to 15, 28, 33, 42", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "Consider adding: a 75% member vote for any sale or transfer of the Amenities (2013: golf course only), and the revised Bylaws' protection of members on an approved payment plan. Note the tension: Section 5 counts the sign notice as an Association tool.", "is_new": false, "links": [ { "label": "Proposed Declaration, page 1", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=1" }, { "label": "Proposed Declaration, pages 14 to 15", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=14" }, { "label": "Proposed Declaration, page 28", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" }, { "label": "Proposed Declaration, page 33", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=33" }, { "label": "Proposed Declaration, page 42", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=42" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=1" }, { "id": "M030", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Three and a half years for the Board, three weeks for owners (section title)", "status": "VERIFIED", "sources": [ "minutes-appoa-20230427", "letter-2026-10-15" ], "source_doc": "APPOA Board minutes, April 27, 2023; Board letter to owners releasing the proposal (October 15, 2026; reposted October 18)", "source_location": "Dates; letter p. 1", "source_quote": "Discussion regarding need for Master Declaration updates | Voting will begin on Friday, October 23rd and end at 4 pm on Friday, November 6th.", "secondary": false, "computed": false, "correction": "", "notes": "Apr 27, 2023 to Oct 23 or Nov 6, 2026 = 3.49 to 3.53 years. Oct 15 to Nov 6, 2026 = 22 days, about three weeks. The October dates were checked October 19, 2026 against the saved Board letter.", "is_new": false, "links": [], "href": "" }, { "id": "M031", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "The Board's notice calls this \"a collaborative process\" reviewed \"by multiple committees and groups, as well as legal counsel.\"", "status": "CORRECTED", "sources": [ "post-2026-10-08" ], "source_doc": "Board post on the process and informational meetings (October 8, 2026)", "source_location": "post text", "source_quote": "A Collaborative Process: The proposed revisions have been reviewed by multiple committees and groups, as well as legal counsel.", "secondary": false, "computed": false, "correction": "The Board's notice calls this \"A Collaborative Process\" reviewed \"by multiple committees and groups, as well as legal counsel.\"", "notes": "Checked October 19, 2026: the post capitalizes the heading, and v3.1 now quotes it that way (edit R-19).", "is_new": false, "links": [], "href": "" }, { "id": "M032", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Every entry below is quoted from APPOA Board minutes or official Association posts.", "status": "CORRECTED", "sources": [ "report-v2-7" ], "source_doc": "Read It Before You Vote, version 2.7 (the text this review checked)", "source_location": "All 19 rows", "source_quote": "", "secondary": false, "computed": false, "correction": "Each entry below comes from APPOA or APPI Board minutes, Finance and Budget Committee minutes, Friday Forum notes, Association posts (including the review committee's posted letter), or, for one entry, a member's email exchange with the Board President. Words in quotation marks are quoted from those sources.", "notes": "Rows not from APPOA Board minutes or posts: Aug 31, 2023 (APPI minutes), Aug 25, 2026 (FNC minutes), Aug 28, 2026 (Friday Forum notes), Aug 31 to Sep 22, 2026 (emails). Rows that paraphrase with no quote: May 2024, Jul 2025 to Apr 2026 (first sentence), Oct 15, 2026.", "is_new": false, "links": [], "href": "" }, { "id": "M033", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Apr 27, 2023: Executive session: \"Discussion regarding need for Master Declaration updates.\"", "status": "VERIFIED", "sources": [ "minutes-appoa-20230427" ], "source_doc": "APPOA Board minutes, April 27, 2023", "source_location": "PDF p.1, under '9:20 a.m. [name omitted] moved to enter Executive Session; [name omitted] seconded'", "source_quote": "Discussion regarding need for Master Declaration updates", "secondary": false, "computed": false, "correction": "", "notes": "Source has no closing period. Same text in APPOA Minutes 20230427 REVISED.pdf p.1. Text-layer PDF; Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M034", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "(A month earlier, [name omitted], then a Board member, discussed a resident's email \"concerning the Master Declaration\" with the Board.)", "status": "CORRECTED", "sources": [ "minutes-appoa-20230323" ], "source_doc": "APPOA Board minutes, March 23, 2023", "source_location": "PDF p.1 roll call; PDF p.2, executive session at 10:02 AM", "source_quote": "Those present: [name omitted] (President) | Master Declaration Comments | [name omitted] received an email from a resident concerning the Master Declaration and discussed it with the Board.", "secondary": false, "computed": false, "correction": "(A month earlier, also in executive session, the Board President discussed a resident's email \"concerning the Master Declaration\" with the Board.)", "notes": "The person was the Board President, not just 'a Board member' (p.1 roll call). Naming is allowed (public record of a Board member acting in role) but not needed; the title-only version is the minimal-naming option. The v2.3 checker's note that the minutes do not call that person President is wrong: the roll call does. Text-layer PDF; p.1 and p.2 images checked.", "is_new": false, "links": [], "href": "" }, { "id": "M035", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Aug 31, 2023: The Association's attorney recommends that initiation fees go to capital and to \"change our MD to reflect this change.\"", "status": "VERIFIED", "sources": [ "minutes-appi-20230831" ], "source_doc": "APPI Board minutes, August 31, 2023", "source_location": "PDF p.2 (top), Old Business", "source_quote": "Attorney's recommendation is that initiation fees go to capital and change our MD to reflect this change.", "secondary": false, "computed": false, "correction": "", "notes": "APPI (subsidiary) Board minutes, not APPOA minutes; see the Section 9 sourcing row. Preceding lines on p.1: 'After research and discussion, the board will have initiation fees assigned to capital expenses.' Scanned page (no text layer); OCR text from work/zip_extract; Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M036", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Feb to Apr 2024: \"Master Declaration Update\" is added to the March work session", "status": "VERIFIED", "sources": [ "minutes-appoa-20240222" ], "source_doc": "APPOA Board minutes, February 22, 2024", "source_location": "PDF p.3, New Business (begins p.2)", "source_quote": "Master Declaration Update | Add to work session for March.", "secondary": false, "computed": false, "correction": "", "notes": "Source joins the two parts with an en dash, omitted here per the no-dash rule. Scanned page (no text layer); OCR text from work/zip_extract; Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M037", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Feb to Apr 2024: tabled to April", "status": "VERIFIED", "sources": [ "minutes-appoa-20240328" ], "source_doc": "APPOA Board minutes, March 28, 2024", "source_location": "PDF p.6, New Business", "source_quote": "Discussion of Master Declaration tabled until April Work Session. | Will seek person to Chair project.", "secondary": false, "computed": false, "correction": "", "notes": "Scanned page (no text layer); OCR text from work/zip_extract; Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M038", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Feb to Apr 2024: then: \"Notice to be sent out shortly soliciting committee members for this review.\"", "status": "VERIFIED", "sources": [ "minutes-appoa-20240425" ], "source_doc": "APPOA Board minutes, April 25, 2024", "source_location": "PDF p.2, inside the executive session that began on p.1", "source_quote": "Master Declaration and By-Laws update. Notice to be sent out shortly soliciting committee members for this review.", "secondary": false, "computed": false, "correction": "", "notes": "Double space after 'update.' closed up. The item names the Bylaws as part of the review from the start. Text-layer PDF; Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M039", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "May 2024: The Board commissions a Governing Document Review Committee.", "status": "UNVERIFIABLE", "sources": [ "post-2024-05-01", "minutes-appoa-20240530" ], "source_doc": "Association post: call for committee members (May 1, 2024); APPOA Board minutes, May 30, 2024", "source_location": "Minutes PDF p.5 heading", "source_quote": "Governing Document Review Committee", "secondary": false, "computed": false, "correction": "keep pending source; if the post never arrives: May 2024 | The Board forms a Governing Document Review Committee.", "notes": "The minutes give the committee name but not the word 'commissions'. The prior timeline record says the post reads 'commissioning an ad hoc committee'; not verified.", "is_new": false, "links": [], "href": "" }, { "id": "M040", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "May 2024: The Board names a chair, who picks the members from 14 applicants.", "status": "SOFTEN", "sources": [ "minutes-appoa-20240530" ], "source_doc": "APPOA Board minutes, May 30, 2024", "source_location": "PDF p.5 (printed 5 of 6), New Business", "source_quote": "has agreed to Chair the Committee | Of the 14 candidates", "secondary": false, "computed": false, "correction": "A chair \"has agreed to Chair the Committee\" and, \"Of the 14 candidates,\" has selected six members.", "notes": "The minutes do not say the Board named the chair, and they say 'candidates', not 'applicants'. Names omitted (committee volunteers). Scanned page (no text layer); OCR text from work/zip_extract; Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M041", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Jun 20, 2024: The Board announces the committee and the plan: reviews, \"draft findings; legal review; member comment period and/or possible town hall meetings; finalize updates; final legal review; and publish.\" Estimated time: \"up to six months ... (i.e., December 2024).\"", "status": "UNVERIFIABLE", "sources": [ "post-2024-06-20" ], "source_doc": "Association post: \"Master Declaration Review Committee\" (June 20, 2024)", "source_location": "n/a", "source_quote": "", "secondary": false, "computed": false, "correction": "keep pending source; add after the quote: The plan allowed town hall meetings as an alternative (\"and/or\").", "notes": "Fairness: 'and/or possible town hall meetings' means the June 2024 plan did not require a comment period if town halls were held; the two October informational meetings can be read against that branch. The Feb 27, 2025 minutes ('per previous planning') confirm a prior plan existed.", "is_new": false, "links": [], "href": "" }, { "id": "M042", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Jun 2024 to Dec 2024: \"Progress slow.\" The committee meets with the Board on \"extension of deadline.\" \"Progressed to Section 8.\"", "status": "SOFTEN", "sources": [ "minutes-appoa-20240627", "minutes-appoa-20240725", "minutes-appoa-20240822", "minutes-appoa-20240926", "minutes-appoa-20241121", "minutes-appoa-20241219" ], "source_doc": "APPOA Board minutes, June 27, 2024; APPOA Board minutes, July 25, 2024; APPOA Board minutes, August 22, 2024; APPOA Board minutes, September 26, 2024; APPOA Board minutes, November 21, 2024; APPOA Board minutes, December 19, 2024", "source_location": "0627 PDF p.4; 0725 PDF p.4; 0822 PDF p.3; 0926 PDF p.4; 1121 PDF p.4; 1219 PDF p.5", "source_quote": "Has met twice | Progress slow | The Committee met with the Board to clarify the Committee's expected final output | Discussion included form of output and extension of deadline for completed work. | Progressed to Section 8. | Team is doing very well. | Had a great meeting with ASC and all is moving forward very quickly.", "secondary": false, "computed": false, "correction": "\"Has met twice\" and \"Progress slow\" (June and July). The committee meets with the Board to clarify \"the Committee's expected final output\"; \"Discussion included form of output and extension of deadline for completed work\" (August). \"Progressed to Section 8\" (September). \"Team is doing very well\" (November). \"Had a great meeting with ASC and all is moving forward very quickly\" (December).", "notes": "Every quote the report uses is verified, but the row cites the Nov 21 and Dec 19 minutes and quotes only the negative notes. Fairness fix adds the positive notes from the same cited minutes. Scans (1121 has a text layer); all six page images checked.", "is_new": false, "links": [], "href": "" }, { "id": "M043", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Feb 27, 2025: \"The edits will be sent out to the community for a comment segment expected to last four to six weeks, after which a vote will be scheduled.\"", "status": "CORRECTED", "sources": [ "minutes-appoa-20250227" ], "source_doc": "APPOA Board minutes, February 27, 2025", "source_location": "PDF p.4, item 9.D", "source_quote": "After that, and per previous planning, the edits will be sent out to the community for a comment segment expected to last four to six weeks, after which a vote will be scheduled, including any additional comments made during the comment portion. If significant changes are proposed during the comment segment, requiring review by the BOD and lawyer, the vote may be delayed.", "secondary": false, "computed": false, "correction": "\"After that, and per previous planning, the edits will be sent out to the community for a comment segment expected to last four to six weeks, after which a vote will be scheduled\". The same entry adds: \"If significant changes are proposed during the comment segment, requiring review by the BOD and lawyer, the vote may be delayed.\"", "notes": "The report capitalizes 'The', which is lower case mid-sentence in the source, and ends with a period where the source continues with a comma. 'Per previous planning' ties the plan to the June 2024 post. Keep the bold on 'comment segment expected to last four to six weeks' if wanted. Scanned page (no text layer); OCR text from work/zip_extract; Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M044", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Mar 2025: One member input session (March 22).", "status": "VERIFIED", "sources": [ "letter-2025-03-14", "minutes-appoa-20250327" ], "source_doc": "Review committee letter to members (posted March 14, 2025); APPOA Board minutes, March 27, 2025", "source_location": "letter p. 1; minutes PDF p.4, item 10.d", "source_quote": "We welcome your participation in an in-person session on Saturday, March 22 | Successful community meeting was held and suggestions incorporated into current recommendations", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026: the letter sets the session for Saturday, March 22, 3:00 to 5:30 PM. The March 27, 2025 minutes record that the meeting was held and suggestions incorporated.", "is_new": false, "links": [], "href": "" }, { "id": "M045", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Mar 2025: The committee's letter: \"members will be able to review final proposed documents prior to the Board taking any action on them.\"", "status": "VERIFIED", "sources": [ "letter-2025-03-14" ], "source_doc": "Review committee letter to members (posted March 14, 2025)", "source_location": "p. 1", "source_quote": "The committee will make recommendations to the Board and legal counsel, and then members will be able to review final proposed documents prior to the Board taking any action on them.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026 against the saved letter.", "is_new": false, "links": [], "href": "" }, { "id": "M046", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Apr 24, 2025: The committee is advised that 47F \"does not apply to APPOA except those sections that apply to all planned communities, per AP Attorney.\"", "status": "VERIFIED", "sources": [ "minutes-appoa-20250424" ], "source_doc": "APPOA Board minutes, April 24, 2025", "source_location": "PDF p.4, item 11.e", "source_quote": "Committee advised that the section does not apply to APPOA except those sections that apply to all planned communities, per AP Attorney", "secondary": false, "computed": false, "correction": "", "notes": "'The section' refers to 'Section 47F' in the same sentence. Source has no closing period. Scanned page (no text layer); OCR text from work/zip_extract; Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M047", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "May 22, 2025: The committee delivers its final report.", "status": "VERIFIED", "sources": [ "minutes-appoa-20250522" ], "source_doc": "APPOA Board minutes, May 22, 2025", "source_location": "PDF p.2, item 10.a", "source_quote": "The review committee provided the Board with their final report and provided a very extensive presentation", "secondary": false, "computed": false, "correction": "", "notes": "Scanned page (no text layer); OCR text from work/zip_extract; Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M048", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "May 22, 2025: \"Once this review is complete, the changes will be presented to the Community for a vote.\"", "status": "VERIFIED", "sources": [ "minutes-appoa-20250522" ], "source_doc": "APPOA Board minutes, May 22, 2025", "source_location": "PDF p.2, items 10.c and 10.d", "source_quote": "These recommended changes will now be reviewed by the Board and passed to our Community lawyer for review. | Once this review is complete, the changes will be presented to the Community for a vote.", "secondary": false, "computed": false, "correction": "", "notes": "Optional fairness addition: the preceding item c ('reviewed by the Board and passed to our Community lawyer for review'). Scanned page (no text layer); OCR text from work/zip_extract; Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M049", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Jul 2025 to Apr 2026: The Board reviews the committee's changes, the Declaration first, then the Bylaws.", "status": "VERIFIED", "sources": [ "minutes-appoa-20250626", "minutes-appoa-20250724", "minutes-appoa-20250828" ], "source_doc": "APPOA Board minutes, June 26, 2025; APPOA Board minutes, July 24, 2025; APPOA Board minutes, August 28, 2025", "source_location": "0626 PDF p.4 item 10; 0724 PDF p.2 item 6; 0828 PDF p.4 item 14", "source_quote": "This first discussion will focus only on proposed changes to the Master Declaration and the other documents will be scheduled later | Board currently reviewing the Master Declaration and the changes recommended by the Document Review Committee | Once the Master Declaration Review is complete, the BoD will move on to the By-Laws", "secondary": false, "computed": false, "correction": "", "notes": "Jun 26, 2025 schedules the first Board discussion for July 16. 0626 has an OCR text layer; 0724 and 0828 are scans; all page images checked.", "is_new": false, "links": [], "href": "" }, { "id": "M050", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "In March and April 2026: \"Underway with the BoD meeting twice a month.\" (March 26, 2026)", "status": "VERIFIED", "sources": [ "minutes-appoa-20260326" ], "source_doc": "APPOA Board minutes, March 26, 2026", "source_location": "PDF p.3, item 8.i", "source_quote": "ByLaw and Master Declaration review | Underway with the BoD meeting twice a month to complete as soon as possible", "secondary": false, "computed": false, "correction": "", "notes": "Words verified for Mar 26. Fuller quote recommended: \"Underway with the BoD meeting twice a month to complete as soon as possible\". The image shows 'ByLaw'; the text layer reads 'Bylaw'. Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M051", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "In March and April 2026 (April 23, 2026 minutes)", "status": "VERIFIED", "sources": [ "minutes-appoa-20260326", "minutes-appoa-20260423" ], "source_doc": "APPOA Board minutes, March 26, 2026; APPOA Board minutes, April 23, 2026", "source_location": "p. 1, item b (both)", "source_quote": "Vote was taken with all 7 BoD members voting to include maintenance area along with golf course and clubhouse as collateral for the loan.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026 against both sets of minutes (March 26 on the scanned page image).", "is_new": false, "links": [], "href": "" }, { "id": "M052", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Dec 18, 2025: Asked for a status by a resident, the Board answers: after lawyer review \"it will be sent to the community for review and comments.\"", "status": "VERIFIED", "sources": [ "minutes-appoa-20251218" ], "source_doc": "APPOA Board minutes, December 18, 2025", "source_location": "PDF p.1, item 3.a.i (Resident Comments, BoD response)", "source_quote": "The Master Declaration has been reviewed by the Board and is being put in final form for lawyer review. After that review it will be sent to the community for review and comments. We expect to have it to the lawyer within a month..", "secondary": false, "computed": false, "correction": "", "notes": "The Dec 18, 2025 Board minutes ARE on disk, misfiled under the name '2025 Strategic Plan 4th Quarter Update.pdf' (APPOA 2025 Minutes folder). The resident is named in the minutes; keep the name out. Text-layer PDF; Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M053", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "May 28, 2026: \"All our review from the BOD is done.... Will want a plan to present to community to show major changes as it will be difficult to get 67% of property owners to vote, let alone get approval.\"", "status": "VERIFIED", "sources": [ "minutes-appoa-appi-20260528" ], "source_doc": "APPOA and APPI Board minutes, May 28, 2026", "source_location": "p. 4, item i", "source_quote": "All our review from the BOD is done. Working to format for legal to expedite review from original, markup and final edits. Will want a plan to present to community to show major changes as it will be difficult to get 67% of property owners to vote, let alone get approval.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026: the report's ellipsis stands for the middle sentence.", "is_new": false, "links": [], "href": "" }, { "id": "M054", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Jul 23, 2026: \"Lawyers reviewing recommendations, BOD to review at next work session.\"", "status": "CORRECTED", "sources": [ "minutes-appoa-appi-20260723" ], "source_doc": "APPOA and APPI Board minutes, July 23, 2026", "source_location": "p. 2, item i", "source_quote": "lawyers reviewing recommendations, BOD to review at next work session.", "secondary": false, "computed": false, "correction": "Jul 23, 2026: \"lawyers reviewing recommendations, BOD to review at next work session.\"", "notes": "Checked October 19, 2026 on the scanned page image: lowercase lawyers (v3.1 edit G-04).", "is_new": false, "links": [], "href": "" }, { "id": "M055", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Aug 25, 2026: Asked by the Board to recommend a dollar amount in the Declaration \"above which resident approval is required,\" the Finance Committee \"unanimously recommended no such restriction be inserted.\"", "status": "VERIFIED", "sources": [ "minutes-fnc-20260825" ], "source_doc": "APPOA Finance and Budget Committee minutes, August 25, 2026", "source_location": "p. 1, item 5", "source_quote": "The FNC discussed the BoD's earlier request to recommend a dollar amount to the Master Declaration above which resident approval is required to move forward on a project. The FNC discussed the proposal and in the end, unanimously recommended no such restriction be inserted.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026 against the saved minutes.", "is_new": false, "links": [], "href": "" }, { "id": "M056", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Aug 27, 2026: \"BOD is reviewing with attorney, hoping to share with community in the next 3-4 weeks.\" (Board minutes, most recent posted)", "status": "CORRECTED", "sources": [ "minutes-appoa-appi-20260827" ], "source_doc": "APPOA and APPI Board minutes, August 27, 2026", "source_location": "p. 4, item h", "source_quote": "BOD is reviewing with attorney, hoping to share with community", "secondary": false, "computed": false, "correction": "Aug 27, 2026: \"BOD is reviewing with attorney, hoping to share with community\" in the next three to four weeks. (Board minutes, most recent posted)", "notes": "Checked October 19, 2026: the minutes write the range with a dash, which this report does not print, so v3.1 ends the quote before it (edit G-05). 'Most recent posted' rests on the October 18 portal record.", "is_new": false, "links": [], "href": "" }, { "id": "M057", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Aug 28, 2026: Asked whether residents may review the committee's 2025 changes and vote before they become permanent, the Board answers: \"Yes the board will hold session(s) to explain changes prior to the vote.\"", "status": "VERIFIED", "sources": [ "notes-friday-forum-20260828" ], "source_doc": "Friday Forum notes, August 28, 2026", "source_location": "p. 8", "source_quote": "Additionally, does the Board plan on allowing residents to vote on potential changes to the Master Declaration before making it permanent?", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026: the question had both parts, as v2.7 said; v3.1 restores them (edit G-06).", "is_new": false, "links": [], "href": "" }, { "id": "M058", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Aug 31 to Sep 22, 2026: A member sends the Board President a financial status report ... with a list of questions and document requests. On September 22 the President replies that he \"forwarded to the BOD and the FNC for comments\" and that it is \"on the agenda for the Board meeting.\"", "status": "VERIFIED", "sources": [ "correspondence-2026" ], "source_doc": "Correspondence between a member and the Board President (August 31 to September 22, 2026)", "source_location": "the member's email and the reply", "source_quote": "I forwarded to the BOD and the FNC for comments. It's on the agenda for the Board meeting", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026: the email went out August 31, 2026, 1:15 pm Eastern. The reply was sent September 21, 2026 at 10:10 pm Eastern, which is September 22 in UTC; the report dates it September 22. v3.0 had changed the dates to 'Aug to Sep 2026'; v3.1 restores them (edit G-07).", "is_new": false, "links": [], "href": "" }, { "id": "M059", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "No written answers had been received as of October 18.", "status": "VERIFIED", "sources": [ "correspondence-2026" ], "source_doc": "Correspondence between a member and the Board President (August 31 to September 22, 2026)", "source_location": "the whole thread; answers document (7 answers)", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026: no written answers in the thread. The report also notes the President's seven earlier written answers (August 31).", "is_new": false, "links": [], "href": "" }, { "id": "M060", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Oct 15, 2026: Owners receive the 48-page redline. Questions are due October 21. Voting opens October 23, the same day as the first informational meeting, and closes November 6. (Board posts, Oct 8 and Oct 18, 2026)", "status": "VERIFIED", "sources": [ "letter-2026-10-15", "post-2026-10-08" ], "source_doc": "Board letter to owners releasing the proposal (October 15, 2026; reposted October 18); Board post on the process and informational meetings (October 8, 2026)", "source_location": "letter p. 1", "source_quote": "The deadline to submit questions is Wednesday, October 21st by 5:00 pm.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026. The letter (posted October 15 and again October 18) gives the question deadline, the voting window and the meetings; the October 8 post had one-hour meetings, which the letter lengthened to two hours.", "is_new": false, "links": [], "href": "" }, { "id": "M061", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "By the calendar: about 42 months from the first recorded discussion to the vote", "status": "SOFTEN", "sources": [ "minutes-appoa-20230427", "minutes-appoa-20230323" ], "source_doc": "APPOA Board minutes, April 27, 2023; APPOA Board minutes, March 23, 2023", "source_location": "0427 PDF p.1; 0323 PDF p.2", "source_quote": "Discussion regarding need for Master Declaration updates", "secondary": false, "computed": false, "correction": "By the calendar: about 42 months from the first recorded discussion of a need for updates (April 27, 2023) to the vote,", "notes": "If 'first recorded discussion' means the Mar 23, 2023 executive-session discussion of a resident's email, the span is 43 months (Mar 23, 2023 to Oct 23, 2026). Naming the start date removes the ambiguity.", "is_new": false, "links": [], "href": "" }, { "id": "M062", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "and more than 29 months of committee, Board and legal review (callout)", "status": "SOFTEN", "sources": [ "minutes-appoa-20240425", "minutes-appoa-20240530" ], "source_doc": "APPOA Board minutes, April 25, 2024; APPOA Board minutes, May 30, 2024", "source_location": "see Callout row", "source_quote": "", "secondary": false, "computed": false, "correction": "and about 29 months of committee, Board and legal review (April 2024 to October 2026).", "notes": "Same computation as the Callout row.", "is_new": false, "links": [], "href": "" }, { "id": "M063", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Owners get 6 days to submit questions and 22 days to read, decide and vote.", "status": "VERIFIED", "sources": [ "letter-2026-10-15" ], "source_doc": "Board letter to owners releasing the proposal (October 15, 2026; reposted October 18)", "source_location": "p. 1; arithmetic checked", "source_quote": "The deadline to submit questions is Wednesday, October 21st by 5:00 pm. | Voting will begin on Friday, October 23rd and end at 4 pm on Friday, November 6th.", "secondary": false, "computed": false, "correction": "", "notes": "Oct 15 to Oct 21 = 6 days; Oct 15 to Nov 6 = 22 days. Checked October 19, 2026 against the saved letter.", "is_new": false, "links": [], "href": "" }, { "id": "M064", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "What owners were told to expect: a \"member comment period and/or possible town hall meetings\" (June 2024)", "status": "UNVERIFIABLE", "sources": [ "post-2024-06-20" ], "source_doc": "Association post: \"Master Declaration Review Committee\" (June 20, 2024)", "source_location": "n/a", "source_quote": "", "secondary": false, "computed": false, "correction": "keep pending source; consider adding: The June 2024 plan allowed town hall meetings in place of a comment period (\"and/or\").", "notes": "Fairness point as in the Jun 20, 2024 row.", "is_new": false, "links": [], "href": "" }, { "id": "M065", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "a \"comment segment expected to last four to six weeks\" before a vote is scheduled (February 2025)", "status": "VERIFIED", "sources": [ "minutes-appoa-20250227" ], "source_doc": "APPOA Board minutes, February 27, 2025", "source_location": "PDF p.4, item 9.D", "source_quote": "comment segment expected to last four to six weeks, after which a vote will be scheduled", "secondary": false, "computed": false, "correction": "", "notes": "'Told to expect' is fair for a plan recorded in posted minutes; the minutes' own word is 'expected'. Scanned page (no text layer); OCR text from work/zip_extract; Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M066", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "a chance to \"review final proposed documents prior to the Board taking any action\" (March 2025)", "status": "VERIFIED", "sources": [ "letter-2025-03-14" ], "source_doc": "Review committee letter to members (posted March 14, 2025)", "source_location": "p. 1", "source_quote": "The committee will make recommendations to the Board and legal counsel, and then members will be able to review final proposed documents prior to the Board taking any action on them.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026 against the saved letter.", "is_new": false, "links": [], "href": "" }, { "id": "M067", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "As late as December 2025, the Board said the draft would go \"to the community for review and comments.\"", "status": "VERIFIED", "sources": [ "minutes-appoa-20251218" ], "source_doc": "APPOA Board minutes, December 18, 2025", "source_location": "PDF p.1, item 3.a.i", "source_quote": "After that review it will be sent to the community for review and comments.", "secondary": false, "computed": false, "correction": "", "notes": "Text-layer PDF (misfiled name, see Dec 18 row); Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M068", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "What owners got is a question form and two informational meetings, the first held the same day the ballot opens.", "status": "VERIFIED", "sources": [ "letter-2026-10-15" ], "source_doc": "Board letter to owners releasing the proposal (October 15, 2026; reposted October 18)", "source_location": "p. 1", "source_quote": "In addition, there is an online form for Members to submit questions prior to the Informational Meetings.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026: a question form and two meetings (October 23 and 24); voting opens October 23.", "is_new": false, "links": [], "href": "" }, { "id": "M069", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "In fairness: the March 2025 input session was a genuine effort to hear owners.", "status": "VERIFIED", "sources": [ "minutes-appoa-20250327" ], "source_doc": "APPOA Board minutes, March 27, 2025", "source_location": "PDF p.4, item 10.d", "source_quote": "Successful community meeting was held and suggestions incorporated into current recommendations", "secondary": false, "computed": false, "correction": "", "notes": "Supported by the Board's own record that suggestions were incorporated. Consider quoting it here.", "is_new": false, "links": [], "href": "" }, { "id": "M070", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "The committee's final report and its minutes are not posted in the Association's committee library.", "status": "UNVERIFIABLE", "sources": [ "portal-search-2026-10-18" ], "source_doc": "Engage portal search record, October 18, 2026 (secondary record)", "source_location": "Item D", "source_quote": "(secondary) Not posted anywhere searched: the committee's charter, its own minutes, the final report delivered to the Board", "secondary": true, "computed": false, "correction": "keep pending source", "notes": "Portal-state claim; only the secondary portal search record supports it. No committee report or committee minutes are on disk.", "is_new": false, "links": [], "href": "" }, { "id": "M071", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "The only Board minutes posted after July 23, 2026 are those of August 27", "status": "UNVERIFIABLE", "sources": [ "portal-search-2026-10-18" ], "source_doc": "Engage portal search record, October 18, 2026 (secondary record)", "source_location": "Item C", "source_quote": "(secondary) Only one set of Board minutes after Jul 23, 2026 is posted.", "secondary": true, "computed": false, "correction": "keep pending source", "notes": "Portal-state claim; secondary only.", "is_new": false, "links": [], "href": "" }, { "id": "M072", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "minutes of the September 10 work session and September 24 meeting, when the final package and vote schedule would have been set, had not been posted as of October 18, 2026.", "status": "SOFTEN", "sources": [ "minutes-appoa-20260226", "portal-search-2026-10-18" ], "source_doc": "APPOA Board minutes, February 26, 2026; Engage portal search record, October 18, 2026 (secondary record)", "source_location": "Feb 26, 2026 PDF p.1, item 3.a.ii.2", "source_quote": "Minutes are published once the BoD has had time to review and approve the minutes from the previous month's meeting. Normally this means that the minutes are not published until one month after the BoD meeting is held.", "secondary": false, "computed": false, "correction": "No work-session minutes appear among the posted minutes, and the minutes of the September 24 Board meeting had not been posted as of October 18, 2026. The Board says minutes are normally published about a month after each meeting, so they may appear after the October meeting. They may show when the final package and vote schedule were approved.", "notes": "No work-session minutes exist among the on-disk minutes for any month; the secondary record notes the Feb 12, 2026 work session (where the 6-1 collateral vote was taken) has no posted minutes. 'Would have been set' is speculative: per the secondary record, the Sep 25, 2026 Friday Forum already announced a schedule (later changed). Text-layer PDF; Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M073", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Opinion: the Board's own May 2026 minutes predicted it would be hard to reach 67%.", "status": "VERIFIED", "sources": [ "minutes-appoa-appi-20260528" ], "source_doc": "APPOA and APPI Board minutes, May 28, 2026", "source_location": "p. 4, item i", "source_quote": "it will be difficult to get 67% of property owners to vote, let alone get approval.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026 against the saved minutes.", "is_new": false, "links": [], "href": "" }, { "id": "M074", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "Opinion: holding the four-to-six-week comment period the Board itself planned costs very little.", "status": "VERIFIED", "sources": [ "minutes-appoa-20250227" ], "source_doc": "APPOA Board minutes, February 27, 2025", "source_location": "PDF p.4, item 9.D", "source_quote": "per previous planning", "secondary": false, "computed": false, "correction": "", "notes": "'The Board itself planned' matches the record.", "is_new": false, "links": [], "href": "" }, { "id": "M103", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "NEW (not in v2.7): the Board's stated minutes-posting practice", "status": "VERIFIED", "sources": [ "minutes-appoa-20260226" ], "source_doc": "APPOA Board minutes, February 26, 2026", "source_location": "PDF p.1, item 3.a.ii.2", "source_quote": "Minutes are published once the BoD has had time to review and approve the minutes from the previous month's meeting. Normally this means that the minutes are not published until one month after the BoD meeting is held. An attempt will be made to get them approved earlier and published sooner.", "secondary": false, "computed": false, "correction": "Suggested addition to the Section 9 'In fairness' paragraph: The Board has said its minutes are normally published about a month after each meeting (February 26, 2026 minutes).", "notes": "Bears on every 'not yet posted' statement about September 2026 minutes. Spaces closed up. Page image rendered with PyMuPDF and checked.", "is_new": true, "links": [], "href": "" }, { "id": "M107", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "NEW (not in v2.7): counsel recommended a Declaration change on short-term rentals (origin of the six-month lease rule)", "status": "VERIFIED", "sources": [ "minutes-appoa-20251023", "minutes-appoa-20251218" ], "source_doc": "APPOA Board minutes, October 23, 2025; APPOA Board minutes, December 18, 2025", "source_location": "1023 PDF p.2 item 6.a; 1218 PDF p.5 item 12.a", "source_quote": "Our Lawyer reviewed the Board's recommendation for the change in policy and recommended a potential change to Master Declaration in addition to the rescinding of the existing policy | Table until draft of change to Master Declaration (as recommended by our lawyer) can be drafted as well as new policy drafted and existing policies rescinded.", "secondary": false, "computed": false, "correction": "Suggested timeline entry: Oct to Dec 2025 | On the short-term rental policy, the Association's lawyer \"recommended a potential change to Master Declaration\"; the Board tabled the policy \"until draft of change to Master Declaration (as recommended by our lawyer) can be drafted\". | Board minutes, Oct 23 and Dec 18, 2025", "notes": "A fair reader would want this next to the six-month lease item: the rule was a deliberate Board change on counsel's advice, even though the redline does not mark it. Images checked.", "is_new": true, "links": [], "href": "" }, { "id": "M108", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "NEW (not in v2.7): the Board's own 2025 accomplishments and 2026 goals", "status": "VERIFIED", "sources": [ "presentation-annual-2026" ], "source_doc": "APPOA Annual Meeting presentation (January 21, 2026)", "source_location": "PDF p.11 and p.15", "source_quote": "Began review of updated Declaration and By-Laws | Complete Declaration and By-Laws update", "secondary": false, "computed": false, "correction": "Suggested timeline entry: Jan 21, 2026 | Annual Meeting presentation lists \"Began review of updated Declaration and By-Laws\" among 2025 accomplishments and \"Complete Declaration and By-Laws update\" among 2026 goals. Neither slide mentions a comment period.", "notes": "Text-layer PDF; images checked.", "is_new": true, "links": [], "href": "" }, { "id": "M109", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "NEW (not in v2.7): Bylaws review continued in a separate notice", "status": "VERIFIED", "sources": [ "minutes-appoa-20251218" ], "source_doc": "APPOA Board minutes, December 18, 2025", "source_location": "PDF p.5, item 14.b", "source_quote": "Meeting notice for Board of Directors- for continuing review of By-Laws", "secondary": false, "computed": false, "correction": "Optional timeline detail for Dec 18, 2025.", "notes": "Source has a double space before 'By-Laws'. Page image rendered with PyMuPDF and checked.", "is_new": true, "links": [], "href": "" }, { "id": "M110", "group": "Minutes, posts and correspondence", "section": "9", "section_base": "9", "section_label": "Section 9", "claim": "NEW (not in v2.7): Sep 25, 2026 Friday Forum announced the schedule", "status": "UNVERIFIABLE", "sources": [ "notes-friday-forum-20260925", "portal-search-2026-10-18" ], "source_doc": "Friday Forum notes, September 25, 2026; Engage portal search record, October 18, 2026 (secondary record)", "source_location": "n/a", "source_quote": "(secondary, p.10 to p.11) Oct 15th the revised Master Declaration will be sent out | Voting will start Oct 27th and will finish Nov 11th | This is an all or nothing vote | There are no negotiations", "secondary": true, "computed": false, "correction": "If confirmed, suggested timeline entry: Sep 25, 2026 | The Friday Forum notes give the schedule (release October 15; voting October 27 to November 11, later changed to October 23 to November 6) and say \"This is an all or nothing vote.\" | Friday Forum notes", "notes": "Earliest posted record of the vote schedule per the secondary record; bears on 'when the final package and vote schedule would have been set'.", "is_new": true, "links": [], "href": "" }, { "id": "D119", "group": "Documents and redline", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 1: 34 substantive changes carry no redline markup ... including the deleted refund promise, the deleted borrowing clause, and \"dues\" added to the lien (Section 4).", "status": "CORRECTED", "sources": [ "review-wp1" ], "source_doc": "This review: redline re-derivation (every change, marked and unmarked)", "source_location": "", "source_quote": "", "secondary": false, "computed": false, "correction": "49 substantive changes carry no redline markup when the draft is compared with the recorded 2013 Declaration and its five amendments, including the deleted refund promise, the deleted borrowing clause, and \"dues\" added to the lien (Section 4).", "notes": "Verdict \"Inaccurate\" stands. 50 and four amendments in v3.0; 49 and five in v3.1 (edit R-08).", "is_new": false, "links": [], "href": "" }, { "id": "D120", "group": "Documents and redline", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 6: The proposed signature block says \"sixty-seven percent (67%) of the Members eligible to vote,\" and the revised Bylaws let the Board suspend a member's vote (Sections 4 and 6).", "status": "SOFTEN", "sources": [ "redline-2026", "bylaws-2026", "bylaws-inforce" ], "source_doc": "Proposed Master Declaration, the Board's redline (48 pages); Revised APPOA Bylaws, the Board's redline (14 pages); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "p47; revised Art. 4 Sec. 5", "source_quote": "", "secondary": false, "computed": false, "correction": "The proposed signature block says \"sixty-seven percent (67%) of the Members eligible to vote,\" and the Bylaws, in force and revised, let the Board suspend a member's vote (Sections 4 and 6).", "notes": "", "is_new": false, "links": [ { "label": "Proposed Declaration, page 47", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=47" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf#page=47" }, { "id": "F053", "group": "Financial records", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "\"Effective August 8, 2025, the Association ended the practice of charging the initial special assessment.\" (2025 audit, Note 12)", "status": "CORRECTED", "sources": [ "audit-2025" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Note 12, PDF p. 21 (printed p. 19)", "source_quote": "\"Effective August 8, 2025, the Association ended the practice of charging the initial special assessment of $2,760 or $2,200 to new property owners.\"", "secondary": false, "computed": false, "correction": "\"Effective August 8, 2025, the Association ended the practice of charging the initial special assessment of $2,760 or $2,200 to new property owners.\" (2025 audit, Note 12)", "notes": "Quote boundary: v2.7 closes the quotation with a period after \"assessment\"; the source sentence continues.", "is_new": false, "links": [], "href": "" }, { "id": "F054", "group": "Financial records", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "The general ledger shows six resale deposits of $2,760 or $2,200 in February to April 2026.", "status": "CONTRADICTED", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Account 8214 deposit lines, February 2026 to April 2026; accounts 4102, 1008, 7400, 8424", "source_quote": "[computed from ledger rows] the six lines are refunds to sellers deducted from 10,000.00 initiation fees; last charge to a buyer August 2025; ledger memo \"To move August SA Refunds to new line after 8/8/25 Decision\"", "secondary": false, "computed": true, "correction": "The general ledger is consistent with the audit's date: the last special assessment charged to a buyer is dated August 11, 2025; seven unpaid charges were cancelled on August 11 and 13, 2025; and entries dated August 18 and September 8, 2025 refer to the \"8/8/25 Decision.\" The six February to April 2026 entries of $2,760 or $2,200 are refunds to sellers taken out of the buyer's initiation fee, not payments by buyers.", "notes": "Replaces only the ledger sentence in the \"What the record shows\" cell; the minutes sentences are for the minutes check.", "is_new": false, "links": [], "href": "" }, { "id": "F055", "group": "Financial records", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Verdict: The records conflict", "status": "SOFTEN", "sources": [ "gl-2023-2026", "audit-2025" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026; APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Section 10 row on the August 8, 2025 change", "source_quote": "[see the two rows above] the ledger supports the audit's August 8, 2025 date", "secondary": false, "computed": false, "correction": "The minutes conflict with the audit and the ledger", "notes": "If the minutes check confirms the APPI \"Decision Deferred\" entry, the conflict is between those minutes and the audit plus ledger. If it does not, the verdict should be reconsidered.", "is_new": false, "links": [], "href": "" }, { "id": "L095", "group": "Law", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "It copies the 47F tools the Association can use (email notice, the 30-day lien, 18% interest, the political-sign notice) and several lien protections.", "status": "SOFTEN", "sources": [ "decl-2013", "redline-2026" ], "source_doc": "Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "2013 Pgs 770, 786; draft pp. 1, 28, 46", "source_quote": "see Section 5 rows", "secondary": false, "computed": false, "correction": "It keeps or adds the 47F tools the Association can use (email notice and 18% interest were already in the 2013 text; the 30-day lien and the political-sign notice are new) and several lien protections.", "notes": "", "is_new": false, "links": [ { "label": "2013 Declaration, Book 410 Page 770", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" }, { "label": "2013 Declaration, Book 410 Page 786", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=40" }, { "label": "Proposed Declaration, page 1", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=1" }, { "label": "Proposed Declaration, page 28", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" }, { "label": "Proposed Declaration, page 46", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=46" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" }, { "id": "L096", "group": "Law", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "It opts out of the owner shields: the hearing and cap before fines (3-107.1) and the right to examine records (3-118).", "status": "VERIFIED", "sources": [ "nc-47F-3-107.1", "nc-47F-3-118" ], "source_doc": "N.C.G.S. 47F-3-107.1 (Procedures for fines and suspension of planned community privileges or services); N.C.G.S. 47F-3-118 (Association records)", "source_location": "Article One", "source_quote": "see Section 5 rows", "secondary": false, "computed": false, "correction": "", "notes": "\"cap before fines\" should be \"cap on fines\"; write full cites.", "is_new": false, "links": [], "href": "" }, { "id": "L097", "group": "Law", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Partly accurate. By count: 2 of the 13 sections that apply to us are in, 4 are in part, 7 (54%) are out, and 6 of those 7 protect owners.", "status": "CORRECTED", "sources": [ "nc-47F-1-102", "redline-2026" ], "source_doc": "N.C.G.S. 47F-1-102 (Applicability); Proposed Master Declaration, the Board's redline (48 pages)", "source_location": "Re-score", "source_quote": "see scorecard rows", "secondary": false, "computed": false, "correction": "Partly accurate. By count: none of the 13 sections that state law applies to communities like ours (unless the declaration expressly says otherwise) is in full, 7 are in part, and 6 (46%) are out; all 6 mainly protect owners.", "notes": "Keep the verdict \"Partly accurate\".", "is_new": false, "links": [ { "label": "Proposed Declaration (whole document)", "href": "docs/proposed-declaration-2026-board-redline.pdf" } ], "href": "docs/proposed-declaration-2026-board-redline.pdf" }, { "id": "M075", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 1: The Declaration \"has been 'redlined' to highlight the proposed changes.\" (Board letter, October 15, 2026)", "status": "VERIFIED", "sources": [ "letter-2026-10-15" ], "source_doc": "Board letter to owners releasing the proposal (October 15, 2026; reposted October 18)", "source_location": "p. 1", "source_quote": "which has been \" redlined\" to highlight the proposed changes", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026 against the saved letter. The letter prints a stray space before redlined and a curly closing quote mark; the report quotes the words exactly and nests redlined in single quotes, the usual way to quote inside a quotation.", "is_new": false, "links": [], "href": "" }, { "id": "M076", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 2: The draft \"incorporates much of NC47F.\" (Board answer, Friday Forum, August 28, 2026)", "status": "VERIFIED", "sources": [ "notes-friday-forum-20260828" ], "source_doc": "Friday Forum notes, August 28, 2026", "source_location": "p. 9", "source_quote": "It incorporates much of NC47F.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026 against the saved notes.", "is_new": false, "links": [], "href": "" }, { "id": "M077", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 3: Owners would get \"a comment segment expected to last four to six weeks, after which a vote will be scheduled.\" (Board minutes, February 27, 2025)", "status": "VERIFIED", "sources": [ "minutes-appoa-20250227" ], "source_doc": "APPOA Board minutes, February 27, 2025", "source_location": "PDF p.4, item 9.D", "source_quote": "comment segment expected to last four to six weeks, after which a vote will be scheduled", "secondary": false, "computed": false, "correction": "", "notes": "Quote begins with 'a' (in source). The period inside the closing mark is sentence punctuation; the source continues with a comma. Scanned page (no text layer); OCR text from work/zip_extract; Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M078", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 3: \"It will be sent to the community for review and comments.\" (Board minutes, December 18, 2025)", "status": "CORRECTED", "sources": [ "minutes-appoa-20251218" ], "source_doc": "APPOA Board minutes, December 18, 2025", "source_location": "PDF p.1, item 3.a.i", "source_quote": "After that review it will be sent to the community for review and comments.", "secondary": false, "computed": false, "correction": "\"After that review it will be sent to the community for review and comments.\" (Board minutes, December 18, 2025)", "notes": "Source has lower-case 'it' mid-sentence; quoting the whole sentence fixes it and keeps the lawyer-review condition. Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M079", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 3: Owners received the documents October 15, 2026, with 6 days to submit questions. Voting opens October 23. No comment period is scheduled (Section 9).", "status": "VERIFIED", "sources": [ "letter-2026-10-15" ], "source_doc": "Board letter to owners releasing the proposal (October 15, 2026; reposted October 18)", "source_location": "p. 1", "source_quote": "Voting will begin on Friday, October 23rd and end at 4 pm on Friday, November 6th.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026. The letter itself is undated; October 15 is the date of the portal post that carried it. Questions are due October 21, six days later.", "is_new": false, "links": [], "href": "" }, { "id": "M080", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 3 verdict: Not carried out", "status": "SOFTEN", "sources": [ "minutes-appoa-20250227", "minutes-appoa-20251218" ], "source_doc": "APPOA Board minutes, February 27, 2025; APPOA Board minutes, December 18, 2025", "source_location": "0227 PDF p.4; 1218 PDF p.1", "source_quote": "the edits will be sent out to the community for a comment segment expected to last four to six weeks, after which a vote will be scheduled | After that review it will be sent to the community for review and comments.", "secondary": false, "computed": false, "correction": "Not carried out as planned. The documents went to owners on October 15 with six days for questions before a vote already scheduled, not a four-to-six-week comment segment before a vote is scheduled.", "notes": "The Dec 2025 statement was partly carried out: the documents were sent to the community and questions are invited. The Feb 2025 plan (comment segment, then schedule a vote) was not.", "is_new": false, "links": [], "href": "" }, { "id": "M081", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 4: \"Members will be able to review final proposed documents prior to the Board taking any action on them.\" (Committee letter, March 14, 2025)", "status": "CORRECTED", "sources": [ "letter-2025-03-14" ], "source_doc": "Review committee letter to members (posted March 14, 2025)", "source_location": "p. 1", "source_quote": "The committee will make recommendations to the Board and legal counsel, and then members will be able to review final proposed documents prior to the Board taking any action on them.", "secondary": false, "computed": false, "correction": "\"[M]embers will be able to review final proposed documents prior to the Board taking any action on them.\" (Committee letter, March 14, 2025)", "notes": "Checked October 19, 2026: the quote starts mid-sentence with a lowercase members (v3.1 edit G-08).", "is_new": false, "links": [], "href": "" }, { "id": "M082", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 4: Owners first saw the documents after the Board and counsel finished them. The Board minutes that would show when the final package was approved (September 2026) are not posted.", "status": "SOFTEN", "sources": [ "minutes-appoa-20260326", "minutes-appoa-20260226", "portal-search-2026-10-18", "minutes-appoa-appi-20260528", "minutes-appoa-appi-20260723", "minutes-appoa-appi-20260827" ], "source_doc": "APPOA Board minutes, March 26, 2026; APPOA Board minutes, February 26, 2026; Engage portal search record, October 18, 2026 (secondary record); APPOA and APPI Board minutes, May 28, 2026; APPOA and APPI Board minutes, July 23, 2026; APPOA and APPI Board minutes, August 27, 2026", "source_location": "Mar 26 PDF p.3; Feb 26 PDF p.1; May 28 p. 4, item i; Jul 23 p. 2, item i; Aug 27 p. 4, item h", "source_quote": "Underway with the BoD meeting twice a month to complete as soon as possible | Normally this means that the minutes are not published until one month after the BoD meeting is held. | All our review from the BOD is done. | lawyers reviewing recommendations, BOD to review at next work session. | BOD is reviewing with attorney, hoping to share with community", "secondary": false, "computed": false, "correction": "Owners first saw the documents after the Board and counsel finished them. Minutes that might show when the Board approved the final package (September 2026) are not yet posted; the Board says minutes are normally published about a month after each meeting.", "notes": "Board completion and counsel review were checked October 19, 2026 against the minutes saved that day: May 28 (the Board's review done, the text going to counsel), July 23 (lawyers reviewing the recommendations) and August 27 (the Board reviewing with the attorney); the July 23 scan was read from its page image. That the September 2026 minutes are not yet posted rests on the October 18 portal search record.", "is_new": false, "links": [], "href": "" }, { "id": "M083", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 4 verdict: Not carried out, as far as the posted record shows", "status": "SOFTEN", "sources": [ "letter-2025-03-14" ], "source_doc": "Review committee letter to members (posted March 14, 2025)", "source_location": "p. 1", "source_quote": "prior to the Board taking any action on them", "secondary": false, "computed": false, "correction": "Depends on what \"action\" means. The Board finished the text and set the vote before owners saw it; it has not adopted the documents.", "notes": "Checked October 19, 2026: the letter promises review before the Board takes any action; v3.0 changed the verdict from 'Not carried out' because the Board has not adopted the documents.", "is_new": false, "links": [], "href": "" }, { "id": "M084", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 5: Asked whether residents could review the committee's 2025 changes and vote before they became permanent: \"Yes the board will hold session(s) to explain changes prior to the vote.\" (Friday Forum, August 28, 2026)", "status": "VERIFIED", "sources": [ "notes-friday-forum-20260828" ], "source_doc": "Friday Forum notes, August 28, 2026", "source_location": "p. 8", "source_quote": "Additionally, does the Board plan on allowing residents to vote on potential changes to the Master Declaration before making it permanent?", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026: the question had both parts, as v2.7 said. v3.0 had narrowed it because the run's copy lacked the second part; v3.1 restores it (edit G-09).", "is_new": false, "links": [], "href": "" }, { "id": "M085", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 5: The committee's recommendations have not been released. The first explanatory session is October 23, the same day voting opens.", "status": "VERIFIED", "sources": [ "letter-2026-10-15" ], "source_doc": "Board letter to owners releasing the proposal (October 15, 2026; reposted October 18)", "source_location": "p. 1", "source_quote": "Voting will begin on Friday, October 23rd and end at 4 pm on Friday, November 6th.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026: the first informational meeting is Friday, October 23, 3:00 to 5:00 p.m., the day voting opens. That the committee's recommendations are unreleased rests on the October 18 portal record.", "is_new": false, "links": [], "href": "" }, { "id": "M086", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 5 verdict: Did not answer the question asked", "status": "SOFTEN", "sources": [ "notes-friday-forum-20260828" ], "source_doc": "Friday Forum notes, August 28, 2026", "source_location": "p. 8", "source_quote": "Yes the board will hold session(s) to explain changes prior to the vote.", "secondary": false, "computed": false, "correction": "Answered yes; the committee's own changes have not been released", "notes": "Checked October 19, 2026: the answer begins with yes, so v3.0 changed the verdict from 'Did not answer the question asked'.", "is_new": false, "links": [], "href": "" }, { "id": "M087", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 6: The APPI Board minutes of August 28, 2025 record \"Decision Deferred until more information can be developed.\"", "status": "VERIFIED", "sources": [ "minutes-appi-20250828" ], "source_doc": "APPI Board minutes, August 28, 2025", "source_location": "PDF p.3, item B", "source_quote": "Decision Deferred until more information can be developed", "secondary": false, "computed": false, "correction": "", "notes": "See the Section 4 row. Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M088", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 6: No posted minutes record a motion or a member vote ending it (Section 4).", "status": "VERIFIED", "sources": [ "minutes-on-disk" ], "source_doc": "APPOA and APPI Board minutes, 2023 to March 2026 (searched as a set)", "source_location": "see Section 4 row", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "Same search range and gaps as the Section 4 row.", "is_new": false, "links": [], "href": "" }, { "id": "M089", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 6 verdict: The records conflict", "status": "VERIFIED", "sources": [ "minutes-appi-20250828", "minutes-appoa-20250724", "minutes-appoa-20251023" ], "source_doc": "APPI Board minutes, August 28, 2025; APPOA Board minutes, July 24, 2025; APPOA Board minutes, October 23, 2025", "source_location": "APPI 0828 PDF p.3; APPOA 0724 PDF p.4; APPOA 1023 PDF p.7 (September 2025 income statement)", "source_quote": "Decision Deferred until more information can be developed | Special Assessment 17,120 1,120 16,000", "secondary": false, "computed": false, "correction": "", "notes": "Supported on disk: audit effective date Aug 8, 2025 (financial agent) vs the APPI deferral 20 days later. Additional record not in the report: APPOA's September 2025 income statement, attached to the Oct 23, 2025 minutes, shows Special Assessment income of 17,120 (budget 1,120) for September 2025; the financial agent should reconcile it to the ledger (buyer payments or reclassification).", "is_new": false, "links": [], "href": "" }, { "id": "M090", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 7: Approval requires \"67% of all properties/lots.\" (Board letter, October 15, 2026)", "status": "VERIFIED", "sources": [ "letter-2026-10-15" ], "source_doc": "Board letter to owners releasing the proposal (October 15, 2026; reposted October 18)", "source_location": "p. 1", "source_quote": "Approval will require the affirmative vote of a minimum of 67% of all properties/lots.", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026 against the saved letter.", "is_new": false, "links": [], "href": "" }, { "id": "M091", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 8: A member's report and questions were \"forwarded to the BOD and the FNC for comments\" and placed \"on the agenda for the Board meeting.\" (Board President, email, September 22, 2026)", "status": "VERIFIED", "sources": [ "correspondence-2026" ], "source_doc": "Correspondence between a member and the Board President (August 31 to September 22, 2026)", "source_location": "the President's reply", "source_quote": "I forwarded to the BOD and the FNC for comments. It's on the agenda for the Board meeting", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026: both quoted phrases match. The reply was sent September 21, 2026 at 10:10 pm Eastern, which is September 22 in UTC; the report dates it September 22.", "is_new": false, "links": [], "href": "" }, { "id": "M092", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 8: No written answer or comment had reached the member as of October 18, 2026, three days before the question deadline.", "status": "CORRECTED", "sources": [ "correspondence-2026" ], "source_doc": "Correspondence between a member and the Board President (August 31 to September 22, 2026)", "source_location": "the whole thread", "source_quote": "", "secondary": false, "computed": false, "correction": "No written answer to these questions had reached the member as of October 18, 2026, three days before the question deadline.", "notes": "Checked October 19, 2026: the President's September 21 reply is itself a written comment, so v3.0 dropped 'or comment'. No later message is in the thread.", "is_new": false, "links": [], "href": "" }, { "id": "M093", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 8: The September Board minutes, which would show whether it was discussed, are not posted.", "status": "SOFTEN", "sources": [ "minutes-appoa-20260226" ], "source_doc": "APPOA Board minutes, February 26, 2026", "source_location": "PDF p.1, item 3.a.ii.2", "source_quote": "Normally this means that the minutes are not published until one month after the BoD meeting is held.", "secondary": false, "computed": false, "correction": "The September Board minutes, which might show whether it was discussed, are not yet posted; the Board says minutes are normally published about a month after each meeting.", "notes": "Page image rendered with PyMuPDF and checked.", "is_new": false, "links": [], "href": "" }, { "id": "M094", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 8 verdict: No answer yet", "status": "VERIFIED", "sources": [ "correspondence-2026" ], "source_doc": "Correspondence between a member and the Board President (August 31 to September 22, 2026)", "source_location": "the whole thread; answers document of August 31, 2026", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "Checked October 19, 2026: no reply answering the questions had arrived. The report also notes the President's seven earlier written answers (August 31).", "is_new": false, "links": [], "href": "" }, { "id": "M095", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 9: \"A Collaborative Process: the proposed revisions have been reviewed by multiple committees and groups, as well as legal counsel.\" (Board post, October 8, 2026)", "status": "CORRECTED", "sources": [ "post-2026-10-08" ], "source_doc": "Board post on the process and informational meetings (October 8, 2026)", "source_location": "post text", "source_quote": "A Collaborative Process: The proposed revisions have been reviewed by multiple committees and groups, as well as legal counsel.", "secondary": false, "computed": false, "correction": "\"A Collaborative Process: The proposed revisions have been reviewed by multiple committees and groups, as well as legal counsel.\" (Board post, October 8, 2026)", "notes": "Checked October 19, 2026: capital The in the post (v3.1 edit G-10).", "is_new": false, "links": [], "href": "" }, { "id": "M096", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 9: Board minutes confirm review by a member committee, the Board, the Architectural Standards Committee and counsel between 2024 and 2026 (Section 9).", "status": "SOFTEN", "sources": [ "minutes-appoa-20241121", "minutes-appoa-20241219", "minutes-appoa-20250522", "minutes-appoa-20251218", "minutes-appoa-appi-20260723", "minutes-appoa-appi-20260827", "minutes-fnc-20260825" ], "source_doc": "APPOA Board minutes, November 21, 2024; APPOA Board minutes, December 19, 2024; APPOA Board minutes, May 22, 2025; APPOA Board minutes, December 18, 2025; APPOA and APPI Board minutes, July 23, 2026; APPOA and APPI Board minutes, August 27, 2026; APPOA Finance and Budget Committee minutes, August 25, 2026", "source_location": "1121 PDF p.4; 1219 PDF p.3 and p.5; 0522 PDF p.2; 1218 PDF p.1; Jul 23 p. 2, item i; Aug 27 p. 4, item h; FNC Aug 25 p. 1, item 5", "source_quote": "Would like a discussion with ASC to move some items to ASC and remove some items from the ASC rewrite. | Had a great meeting with ASC and all is moving forward very quickly. | Will be completed in time to coincide with the Master Dec. committee | passed to our Community lawyer for review | being put in final form for lawyer review | lawyers reviewing recommendations, BOD to review at next work session. | BOD is reviewing with attorney, hoping to share with community", "secondary": false, "computed": false, "correction": "Board minutes record review by a member committee (which met with the Architectural Standards Committee), by the Board, and by counsel between 2024 and 2026 (Section 9).", "notes": "The minutes show the committee met and coordinated with the ASC (moving items to the ASC handbook), not that the ASC reviewed the proposed revisions. Counsel: Apr 24, 2025 advice 'per AP Attorney'; May 22, 2025 and Dec 18, 2025 record planned lawyer review; actual lawyer review is recorded in the Jul 23 and Aug 27, 2026 minutes (saved October 19, 2026; the July 23 scan was read from its page image). Other committees on record: Communications Committee tasked with a survey (Feb 27, 2025); Finance and Budget Committee (Aug 25, 2026, saved October 19, 2026: asked by the Board to recommend a dollar amount above which residents must approve a project, it recommended no such restriction). All cited 2024 and 2025 pages image checked.", "is_new": false, "links": [], "href": "" }, { "id": "M097", "group": "Minutes, posts and correspondence", "section": "10", "section_base": "10", "section_label": "Section 10", "claim": "Row 9 verdict: Accurate. Owners were the one group not given a review period.", "status": "SOFTEN", "sources": [ "minutes-appoa-20250327" ], "source_doc": "APPOA Board minutes, March 27, 2025", "source_location": "PDF p.4, item 10.d", "source_quote": "Successful community meeting was held and suggestions incorporated into current recommendations", "secondary": false, "computed": false, "correction": "Accurate. Owners gave input at one session in March 2025, before the drafts were finished, but have not been given a review period for the final documents.", "notes": "The March 2025 input session and the October question form are owner input, though not a review period for the final text.", "is_new": false, "links": [], "href": "" }, { "id": "M098", "group": "Minutes, posts and correspondence", "section": "11", "section_base": "11", "section_label": "Section 11", "claim": "Answer in writing the questions owners submitted, including mine of October 16.", "status": "UNVERIFIABLE", "sources": [ "correspondence-2026" ], "source_doc": "Correspondence between a member and the Board President (August 31 to September 22, 2026)", "source_location": "n/a", "source_quote": "", "secondary": false, "computed": false, "correction": "keep pending source", "notes": "Author's own submission; not found on disk.", "is_new": false, "links": [], "href": "" }, { "id": "M099", "group": "Minutes, posts and correspondence", "section": "11", "section_base": "11", "section_label": "Section 11", "claim": "Keep the Board's own plan: the four-to-six-week member comment period announced in February 2025, before a vote is scheduled", "status": "SOFTEN", "sources": [ "minutes-appoa-20250227" ], "source_doc": "APPOA Board minutes, February 27, 2025", "source_location": "PDF p.4, item 9.D", "source_quote": "per previous planning, the edits will be sent out to the community for a comment segment expected to last four to six weeks", "secondary": false, "computed": false, "correction": "Keep the Board's own plan: the four-to-six-week member comment period recorded in the February 2025 minutes, before a vote is scheduled, and post the review committee's final report so owners can see what it recommended.", "notes": "'Announced' overstates a plan recorded in minutes (tasking pitfall 6); 'recorded in the February 2025 minutes' is exact.", "is_new": false, "links": [], "href": "" }, { "id": "D121", "group": "Documents and redline", "section": "12", "section_base": "12", "section_label": "Section 12", "claim": "The 474 differences were sorted by pattern and spot-checked; every item in Sections 4, 5 and 7 was checked against the redline page itself.", "status": "CORRECTED", "sources": [ "review-wp1" ], "source_doc": "This review: redline re-derivation (every change, marked and unmarked)", "source_location": "", "source_quote": "", "secondary": false, "computed": false, "correction": "In a second check, every difference was sorted, every substantive one was read against the redline page, and every quote from the recorded Declaration was checked against the scanned page.", "notes": "", "is_new": false, "links": [], "href": "" }, { "id": "L098", "group": "Law", "section": "12", "section_base": "12", "section_label": "Section 12", "claim": "I am not a lawyer, and this is not legal advice. It is a document comparison with citations.", "status": "VERIFIED", "sources": [ "case-adum-2021", "decl-2013" ], "source_doc": "Adum v. Albemarle Plantation Prop. Owners Ass'n, 2021 NCBC 4 (N.C. Super. Ct. Jan. 19, 2021); Amended and Restated Master Declaration, recorded Book 410 Page 747 (scan, 42 pages)", "source_location": "", "source_quote": "", "secondary": false, "computed": false, "correction": "", "notes": "Suggested added bullet: \"Whether parts of the Planned Community Act apply to APPOA today turns on how a court would read the 2013 Declaration's notice clause (Article Eleven, Section 11) and the Act's own limits; the legal points in Sections 1, 5 and 6 describe what the statutes say, not how a court would rule.\"", "is_new": false, "links": [ { "label": "2013 Declaration (whole document)", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf" } ], "href": "docs/declaration-2013-recorded-bk410-pg747.pdf" }, { "id": "F056", "group": "Financial records", "section": "Footer", "section_base": "Footer", "section_label": "Author note", "claim": "APPOA and Subsidiaries Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP, July 30, 2026), Notes 3, 9, 12 and 21", "status": "VERIFIED", "sources": [ "audit-2025" ], "source_doc": "APPOA and Subsidiaries, Consolidated Financial Statements, December 31, 2025 and 2024 (Forvis Mazars, LLP)", "source_location": "Cover, PDF p. 1; signature, PDF p. 5 (printed p. 3)", "source_quote": "\"Albemarle Plantation Property Owners Association, Inc. and Subsidiaries\" / \"Independent Auditor's Report, Consolidated Financial Statements, and Supplementary Information\" / \"December 31, 2025 and 2024\" / \"Forvis Mazars, LLP\" \"Norfolk, Virginia\" \"July 30, 2026\"", "secondary": false, "computed": false, "correction": "", "notes": "Short title is fair. Exact title if wanted: Albemarle Plantation Property Owners Association, Inc. and Subsidiaries, Independent Auditor's Report, Consolidated Financial Statements, and Supplementary Information, December 31, 2025 and 2024 (Forvis Mazars, LLP, Norfolk, Virginia, July 30, 2026). If the corrections above are adopted, add Note 2 and the Balance Sheets. v2.7 does not cite Note 19 (fire substation commitment, printed p. 22). Apostrophe normalized.", "is_new": false, "links": [], "href": "" }, { "id": "F057", "group": "Financial records", "section": "Footer", "section_base": "Footer", "section_label": "Author note", "claim": "APPOA General Ledger, January 2023 to April 2026 (produced in Lawrance v. APPOA, 26CV000142-710)", "status": "VERIFIED", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Combined CSV and the four produced GL PDFs (2023, 2024, 2025, 2026 As of April 30, 2026)", "source_quote": "[computed] CSV dates January 2023 to April 2026; JSON source label \"APPOA General Ledger 2023-2026 (combined)\"", "secondary": false, "computed": true, "correction": "", "notes": "Case number per the tasking; the files sit in the H-drive production folder under Lawrance v APPOA. The raw ledger files are not hosted on this site (owner's decision, October 19, 2026).", "is_new": false, "links": [], "href": "" }, { "id": "L099", "group": "Law", "section": "Footer", "section_base": "Footer", "section_label": "Author note", "claim": "Sources: N.C.G.S. 47F-1-102, 47F-3-107.1, 47F-3-108, 47F-3-115, 47F-3-116, 47F-3-118, 47F-3-121; N.C.G.S. 55A-7-08, 55A-16-02, 55A-16-03.", "status": "CORRECTED", "sources": [ "report-v2-7" ], "source_doc": "Read It Before You Vote, version 2.7 (the text this review checked)", "source_location": "footer", "source_quote": "", "secondary": false, "computed": false, "correction": "N.C.G.S. 47F-1-102, 47F-1-104, 47F-2-103, 47F-2-117, 47F-3-102, 47F-3-103, 47F-3-104, 47F-3-107, 47F-3-107.1, 47F-3-108, 47F-3-115, 47F-3-116, 47F-3-118, 47F-3-121; N.C.G.S. 45-21.16, 45-21.27, 45-21.34 (Article 2A of Chapter 45); N.C.G.S. 55A-16-02, 55A-16-03; House Bill 542 (2023-2024 Session), ncleg.gov; ABC11 (WTVD), November 17, 2022; APPOA GEN 2.1, Compliance Procedures (effective September 30, 2020).", "notes": "Omitted but relied on: 47F-1-104, 47F-2-103, 47F-2-117, 47F-3-102, 47F-3-103, 47F-3-104, 47F-3-107 (scorecard, Sections 5 and 6), Chapter 45 Article 2A (Section 1), HB 542, ABC11, GEN 2.1. Listed but never used in the text: 55A-7-08 (drop it, or add a sentence on ballots). Add 55A-16-04, 55A-16-20, 55A-12-01, the Articles of Incorporation (Bk 130 Pg 635) and Adum v. APPOA (2021 NCBC 4) if those points are added.", "is_new": false, "links": [], "href": "" }, { "id": "M100", "group": "Minutes, posts and correspondence", "section": "Footer", "section_base": "Footer", "section_label": "Author note", "claim": "Craig Lawrance ... served on the APPOA Board more than two years ago, when this rewrite was already underway.", "status": "CONTRADICTED", "sources": [ "minutes-appi-20210520", "minutes-appi-20220728", "minutes-appi-20220825", "minutes-appoa-20230323", "minutes-appoa-20230427" ], "source_doc": "APPI Board minutes, May 20, 2021; APPI Board minutes, July 28, 2022; APPI Board minutes, August 25, 2022; APPOA Board minutes, March 23, 2023; APPOA Board minutes, April 27, 2023", "source_location": "APPI 2021-05-20 PDF p.1 roll call; APPI 2022-07-28 PDF p.1 roll call; APPI 2022-08-25 PDF p.1 roll call; APPOA 2023-03-23 p.2; 2023-04-27 p.1", "source_quote": "Not Present: ... Craig Lawrance (May 20, 2021) | Those present: ... Craig Lawrance (July 28, 2022) | (Aug 25, 2022 roll call: author not listed) | Discussion regarding need for Master Declaration updates (Apr 27, 2023)", "secondary": false, "computed": false, "correction": "Craig Lawrance owns [address omitted] and served on the APPOA Board in 2021 and 2022, before the Board's minutes first record this rewrite in 2023. Corrections are welcome and will be posted with credit at apnc47f.com.", "notes": "Roll calls on disk list the author from May 20, 2021 (first listed, absent) to July 28, 2022 (last listed, present); the author is in no roll call Aug 25, 2022 to Mar 26, 2026 (APPOA and APPI) or Feb 2012 to Jan 2021 (APPOA). The author's last recorded meeting is 238 days before the first record of the rewrite (Mar 23, 2023) and 273 days before Apr 27, 2023. 'More than two years ago' is true; 'when this rewrite was already underway' is not supported. APPOA Board minutes Feb 2021 to Dec 2022 are not on disk; the APPI roll calls (a separate APPI minutes set) list the same directors as the APPOA Board in overlapping months on disk (Jan 2021, Jan 2023). The Jan 28, 2023 Annual Board minutes say 'seconded by Craig' but list no Craig present (6-0 vote of six listed directors); treat as a clerical carryover. HUMAN GATE: Craig to confirm the exact dates. Text-layer PDFs; roll-call images checked. | Confirmed by the author in chat on October 19, 2026: Board service in 2021 and 2022. The corrected bio in v3.0 stands.", "is_new": false, "links": [], "href": "" }, { "id": "M101", "group": "Minutes, posts and correspondence", "section": "Footer", "section_base": "Footer", "section_label": "Author note", "claim": "Sources list (citation completeness): Board minutes, FNC minutes, Friday Forum notes, APPI minutes, Association posts", "status": "CORRECTED", "sources": [ "report-v2-7" ], "source_doc": "Read It Before You Vote, version 2.7 (the text this review checked)", "source_location": "Footer 'Sources' paragraph", "source_quote": "", "secondary": false, "computed": false, "correction": "Add to Sources: Email correspondence between a member and the Board President, August 31 to September 22, 2026. If the suggested timeline additions are used, also add: APPOA Annual Meeting presentation (January 21, 2026) and APPOA second-quarter presentation (July 21, 2026).", "notes": "Section 9 cites 'Emails, Aug 31 and Sep 22, 2026' and Section 10 cites the President's Sep 22 email; neither appears in Sources. Other cited sources are covered by the existing list.", "is_new": false, "links": [], "href": "" }, { "id": "M102", "group": "Minutes, posts and correspondence", "section": "Footer", "section_base": "Footer", "section_label": "Author note", "claim": "APPI minutes, August 31, 2023 and August 28, 2025 (as posted on the Association's Engage portal; scanned pages read by OCR)", "status": "VERIFIED", "sources": [ "minutes-appi-20230831", "minutes-appi-20250828" ], "source_doc": "APPI Board minutes, August 31, 2023; APPI Board minutes, August 28, 2025", "source_location": "0831 PDF p.2; 0828 PDF p.3", "source_quote": "change our MD to reflect this change. | Decision Deferred until more information can be developed", "secondary": false, "computed": false, "correction": "", "notes": "Both are scans; both quotes checked on the page image. The Aug 28, 2025 copy on disk is in a separate APPI minutes set.", "is_new": false, "links": [], "href": "" }, { "id": "D122", "group": "Documents and redline", "section": "Sources", "section_base": "Sources", "section_label": "Sources list", "claim": "Sources list omits documents the text relies on", "status": "CORRECTED", "sources": [ "review-wp1", "bylaws-inforce" ], "source_doc": "This review: redline re-derivation (every change, marked and unmarked); APPOA Bylaws in force (2013, recorded Book 410 Page 798)", "source_location": "", "source_quote": "", "secondary": false, "computed": false, "correction": "Add to Sources: APPOA Bylaws, recorded Book 410 Page 798, and their 2021 amendment, Book 525 Page 655; loan documents produced in Lawrance v. APPOA (cited for the Deed of Trust); Association portal search record, October 18, 2026 (for posted and not-posted claims).", "notes": "Statutes, bills, news reports and emails: see legal and minutes rows.", "is_new": false, "links": [ { "label": "Bylaws in force (whole document)", "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" } ], "href": "docs/appoa-bylaws-in-force-2013-bk410-pg798.pdf" }, { "id": "F058", "group": "Financial records", "section": "Sources", "section_base": "Sources", "section_label": "Sources list", "claim": "Sources list (footer): the loan documents cited in Section 4 are not listed.", "status": "CORRECTED", "sources": [ "report-v2-7", "loan-2026" ], "source_doc": "Read It Before You Vote, version 2.7 (the text this review checked); Promissory Note and Deed of Trust Securing Future Advances, April 16, 2026", "source_location": "Report Section 4 (\"The loan documents produced in Lawrance v. APPOA include ...\") and footer Sources", "source_quote": "\"DEED OF TRUST SECURING FUTURE ADVANCES\" (loan file PDF p. 38); \"PROMISSORY NOTE\" (PDF p. 29)", "secondary": false, "computed": false, "correction": "Add to Sources: Promissory Note and Deed of Trust Securing Future Advances, April 16, 2026, Albemarle Plantation Property Owners Association, Inc. and First National Bank of Pennsylvania (produced in Lawrance v. APPOA, 26CV000142-710).", "notes": "Tasking proofread rule: every source the text cites appears in the Sources list. The raw loan file is not hosted on this site (owner's decision, October 19, 2026); it is cited by title only.", "is_new": false, "links": [], "href": "" }, { "id": "F059", "group": "Financial records", "section": "Sources", "section_base": "Sources", "section_label": "Sources list", "claim": "[Not in v2.7; tasking WP2 figure] October 1, 2025 billing: 548 homes and 265 lots", "status": "VERIFIED", "sources": [ "gl-2023-2026" ], "source_doc": "APPOA General Ledger, January 2023 to April 2026", "source_location": "Account 1007 (Quarterly Assessments receivable), Invoice rows dated October 2025; account 4101", "source_quote": "[computed from ledger rows] 1007 lines at $733.64 (home rate): 548; at $586.91 (lot rate): 265; customers billed: 813", "secondary": false, "computed": true, "correction": "", "notes": "Derivation: count of receivable-side invoice lines at the two quarterly rates (548 + 265 = 813 customers). The income side (4101) shows 532 home-rate charges plus 14 offsetting credits and 265 lot charges, so 548 is a billing-line count, not a clean count of homes. Earlier quarters: 541/343 (Jan 2025), 543/279 (Apr), 544/276 (Jul). Lot rate is exactly 80% of the home rate. Script f13, f14, f24 (table T9).", "is_new": true, "links": [], "href": "" }, { "id": "L100", "group": "Law", "section": "Sources", "section_base": "Sources", "section_label": "Sources list", "claim": "Shortened statute cites throughout Sections 1, 5 and 10 (for example \"3-118\", \"3-107.1\", \"2-117\" in the scorecard)", "status": "CORRECTED", "sources": [ "report-v2-7" ], "source_doc": "Read It Before You Vote, version 2.7 (the text this review checked)", "source_location": "Sections 1, 5, 10", "source_quote": "", "secondary": false, "computed": false, "correction": "Write every cite in full, for example \"N.C.G.S. 47F-3-118\"; in the scorecard, \"47F-3-116\" and so on.", "notes": "Tasking ground rule 6: \"Never shorten one.\"", "is_new": false, "links": [], "href": "" } ]