8.13.25 BOA Agenda Packet - Laserfiche WebLink

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6 Draft 1 2 Steve Staten: Okay. So, then we've made it on two levels. 3 4 James Bryan: However, if I may speak to the court, the key part to this is they still have to, the association, one 5 member of the association must still have standing by themselves. What this section of the statute 6 is for is to get around the unauthorized practice of law. So, anybody up here that's representing 7 somebody else, has to be a licensed attorney in North Carolina. To do otherwise if the 8 unauthorized practice of law. This gets around that and allows neighbors to speak on behalf of 9 somebody else if they've got the HOA where one person has got standing. So, they'll speak for 10 multiple people on that. 11 12 Leon Meyers: Let me just mention, the Board of Adjustment is a bit different from other public boards, for 13 example, Board of County Commissioners or Planning Board, in that there are special set of rules 14 that makes Board of Adjustment operate in a little bit different manner. So, it is a public meeting, 15 but it is not a public forum and that's the purpose of the standing rules that we're trying to follow 16 here. 17 18 Steve Staten: Mr. Meyers, we definitely want to learn along the way from this whole experience and also thank 19 you, Mr. Bryan. We believe, I think I can say all of us believe that we have in fact meet the criteria. 20 We have a bank account, I'm listed on it, I'm the point person. We believe we're incorporated in 21 our own idea of what incorporation means, and we did not form to address the situation in the field. 22 We formed because of our road. And we've been running with that understanding with other things 23 in the neighborhood that are much less significant. So, when this came up it was like, sure, I got to 24 show up, I'm the guy. So, do I or do I not fulfill the role that you would be looking for? 25 26 Leon Meyers: The other piece of this qualification, for standing that James mentioned is that some person who is 27 a member of the homeowner's association would need to demonstrate that that person would 28 suffer special damages if the application were approved. And so, we're really kind of back to the 29 beginning here, asking you to show us competent, material, and substantial evidence that you as a 30 homeowner or another member of the homeowner's association would suffer some special 31 damage. 32 33 Steve Staten: Okay. So, thank you very much, Chair Meyers. So, if I'm not prepared to talk about that specific 34 piece so I want to see from our neighborhood who can come and speak maybe more 35 authoritatively. I want to ask you one last question. Do we have time after tonight to get this 36 information? Because this feels like a wave that just hit us very quickly with a sign posted on our 37 road a couple of weeks ago to get our ducks lined up. And we want to do that. We want to 38 comply; we want to play by the rules. There's no issues there, and we're not hostile. At least I can 39 speak that I'm not. I'm not angry at anybody here, but wow, is this coming fast without the ability to 40 queue up a really good fact-based argument that this could affect our property value significantly. 41 Do we have another opportunity? 42 43 Leon Meyers: The answer is that the board would normally make a decision on the application tonight. If you can 44 make a case, if a witness with standing can make a case that the hearing ought to be continued 45 then that's something the board might be willing to consider. Would you like to have a few minutes 46 to talk with your neighbors? 47 48 Tamera Staten: He's not saying compelling argument, he's saying you need a witness, an expert witness, an expert 49 in mortgage value, real estate values, and I think you need to ask for continuance. 50 6