Q1: Why is there a recall effort?

A valid petition was submitted by more than 10% of Land Harbor members entitled to vote, triggering a recall election pursuant to LLH Bylaws and North Carolina law. 

Q2: What specific actions led to the recall of these directors?

The goal of this recall is to correct course and bring the community back toward greater transparency, fiscal responsibility, and respect for member input. Many owners feel the Board has been moving in the wrong direction by making major financial and policy decisions without adequate communication or membership approval.

This effort is not about assigning blame - it’s about restoring balance, trust, and adherence to the principles that keep Land Harbor strong.

Areas of Concern

1. Member Oversight of Finances
Recent changes shifted control of reserve funds (approximately $600,000) from membership approval to board discretion. This limits owner participation in major spending decisions and reduces financial transparency.

2. Major Expenditures Without Member Input
Projects such as the proposed bocce ball court ($60,000) and basketball court improvements were added to the budget without prior discussion or inclusion in the professional reserve study. Similarly, the purchase of a new garbage truck was declared an “emergency” even though it had been under discussion for years, bypassing the member vote normally required for large capital expenditures.

3. Disregard for Prior Member Votes
In March 2025, the Board amended governing documents despite members previously voting against allowing such changes. This creates concern that member decisions are not being honored.

4. Transparency and Communication
Important financial information and policy changes have often been presented to members after decisions were already made, limiting open discussion and informed participation.

5. Governance and Conduct
Members who ask clarifying questions or request access to information have sometimes been treated as disruptive, discouraging open engagement. Board discussions should welcome constructive input from all members.

6. Financial Priorities
Funds have been allocated to new amenities while critical infrastructure needs remain unmet. Members have expressed concern that reserves, reduced by about half over a 15-month period, are not being prioritized for essential repairs and long-term stability.

Q3: What financial decisions are cited as violations?

Several financial decisions exceeded the board’s authority or were misrepresented. These projects were approved without transparent budgeting, community votes, or alignment with the reserve study.

• Garbage truck purchase exceeded $125,000, while the old truck remained in use and no emergency existed.
• Financial options for Land Harbor Parkway misrepresented at $605,000.
• Pool-related financial options misrepresented at $525,000.
• Bocce ball courts misrepresented at $60,000, not included in the 2024 reserve study.
• Golf house improvements misrepresented and exceeded board authority at $134,000.
• Basketball court improvements at $31,000 added to the reserve study without justification or community input.

Q4: What is the overall impact of these actions on homeowners?

Homeowners face:

• A $600 per-unit assessment in 2026
• Higher 2026 POA dues and additional assessments.
• Reduced reserve funds, limiting the community’s ability to fund future projects.
• Decisions made without proper oversight, transparency, or adherence to Bylaws.
• Estimated community-wide impact exceeds $2.3 million in discretionary spending and assessments.

Q5: What’s the ultimate goal?

To remove the four board members who have ignored bylaws and homeowner trust, and replace them with responsible candidates who will:

• Follow the bylaws.
• Protect reserve funds.
• Prioritize infrastructure.
• Treat all residents with respect.
• Commit to responsible financial planning and oversight to keep dues and fees as low as possible while maintaining community needs.

Q6: Can I campaign for or against the recall?

Yes, both sides may campaign. However, association resources cannot be used for campaigning, and access to association media must be granted equally to all parties.

The only exception is members of the Ballot Counting Committee. Per Land Harbor's Board 42 policy, they must remain completely neutral in this process and are not allowed to campaign for either side.

Q7: Can a board member use the POA attorney to represent them in a recall election?

No. In North Carolina, the HOA’s attorney represents the association as a whole, not individual board members. A director facing recall cannot use the association’s attorney for personal defense, as this would create a conflict of interest. Instead, they must hire their own independent attorney. If a director improperly uses HOA legal counsel for their personal interests, it could be considered a misuse of association resources, expose the director to personal liability, and potentially be grounds for further legal or disciplinary action.

Q8: Will the recall affect the board's ability to function?

The board will continue to operate normally during the recall election. The five directors not facing recall will be responsible for managing the election process, while the four directors up for recall will step aside from any election-related matters to ensure fairness and transparency. If the recall is successful, the seats will be filled by the next highest vote-getters from the most recent election.

Q9: What happens if a director resigns before the recall election?

If a director resigns, their seat will be filled by the next highest-voting candidate from the most recent election. If all four directors facing recall resign, there will be no need to hold a recall election, as their seats would already be vacated and filled according to the most recent election results.

Q10: Who will replace the current board members if the recall succeeds?

The seats won’t stay empty. According to the bylaws, the open positions will be filled by the next highest vote-getters from the most recent election. These are candidates who have already been vetted and are willing to serve if needed.

Q11: Is the General Manager part of the recall?

No. The recall applies only to board members. However, many owners have expressed concerns about the relationship between the Board and the General Manager. Issues include a lack of independent oversight and blurred lines between administrative duties and board advocacy. The General Manager is hired and directed solely by the Board with no external review. This structure highlights the need for stronger governance safeguards and accountability.

Q12: What if a board member threatens homeowners or residents?

Under LLH Board Policy 40, board members are prohibited from intimidating, threatening, harassing, or coercing owners or residents. Such behavior undermines trust, transparency, and the duty to serve all members fairly. Moreover, under North Carolina law (especially as members of nonprofit corporations and associations), board members owe fiduciary duties including the duty of loyalty and duty of care. Threatening homeowners can be seen as a breach of those duties, and may also violate statutory protections such as those against defamation, harassment, or misuse of association authority. Victims of threats may have legal recourse against the board member and may petition the association or courts for remedies. You can also contact the remaining 5 board members who are NOT included in this recall: Linda.Westerberg@landharbor.com  Ron.Morgan@landharbor.com  Van.Jones@landharbor.com  Mike.Bottcher@landharbor.com Lisa.Samuel@landharbor.com

Q13: What if the Recall fails?