In what some say is a bold move by the “unsanctioned” HOA Board of Directors of a neighboring subdivision Allen Helms, Mike Damoff, Arlene Davis, Ed McCusker, and Ed Williams wrested the Highland Park Community Association out of Highland Park and into Lakeview West HOA. Filing the HPca, Inc under the HOAs name as Lakeview/Highland Park Community Association with the Secretary of State of Alabama.

HPca has been filed with the SOS since 1967. In 2019 notwithstanding a legal Board of Directors during an emergency breach of the dam pusuant to Ala. Code § 10A-2A-2.06 an Emergency Board of Directors was instituted. The Alabama Code states:

Current with legislation from the 2021 Regular Session effective as of July 26, 2021.Section 10A-2A-2.06 – Emergency bylaws(a) Unless the certificate of incorporation provides otherwise, the board of directors may adopt bylaws to be effective only in an emergency defined in subsection (d). The emergency bylaws, which are subject to amendment or repeal by the stockholders, may make all provisions necessary for managing the corporation during the emergency, including:(1) procedures for calling a meeting of the board of directors;(2) quorum requirements for the meeting; and(3) designation of additional or substitute directors.(b) All provisions of the regular bylaws not inconsistent with the emergency bylaws remain effective during the emergency. The emergency bylaws are not effective after the emergency ends.(c) Corporate action taken in good faith in accordance with the emergency bylaws:(1) binds the corporation; and(2) may not be used to impose liability on a director, officer, employee, or agent of the corporation.(d) An emergency exists for purposes of this section if a quorum of the board of directors cannot readily be assembled because of some catastrophic event.

On HPca Facebook page Sherry Gros, President, HPca Inc posted after seeing the announcement, “My fault I should have filled in the agent name but it hadn’t been filled in since 1967 so in the spirit of customs and behaviors I left it blank. There is no law against a hostile takeover in Alabama and this is about as hostile as it gets. I will withdraw the grant application on Monday morning. Good Luck.”

HPca has been operating and progressing for the past two years under the current Board of Directors and Sherry Gros working the grants since 2019. “The dam has not fully recovered from the 2019 breach and now likely never will.” says Gros. Allen Helms had just been voted in as an HPca member at the last HPca Board of Directors’ meeting with censured status. The HPca Board agreed he could join as a member but could not hold office or vote for a period of 24 months or until he proved loyalty to the corporation,” Said Gros of Helms, “Now he pulls a dumb stunt like this.” “We were in line for a $750,000.00 Federal Grant.” It is due to expire on September 30 this year, we had sent our letters to meet with the Grantors. Everything was ready to go. I can’t see how I can possibly recover from this administrative setback because the process requires the name of the company reads exactly as it is on the application but they have changed it.” “It’s like throwing a stilson wrench into the engine of a full steam ahead locomotive. It’s definitely slamming the brakes on the money we needed so badley to repair the dam.” “I believe we cannot recover from this setback. Eventually, the dam will give way and those that come behind us will not have a lake and will have lost this golden opportunity because of the Lakeview HOA board of Directors unconscienable decision to satisfy thier greed for power, land, contol, and money. I can’t see any other reason for it.” laments Gros shaking her head.

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Below is copy/paste from HPca Facebook page of Allen Helms and Ed Williams posts 08/21/2021

Allen Helms to Highland Park Community Association Inc

Allen Helms **ANNOUNCEMENT**New Name-Same Association**Highland Park/Lakeview West Estates Community Association is now Lakeview/Highland Park Community Association.In Jan 2020, an ill-advised group of people within our community illegally changed the name of our association back to the original name “Highland Park Community Association” or “HPca”. The leader of that group has waged a hostile takeover attempt of our community association ever sense. She also reserved the name “Highland Park/Lakeview West Estates Community Association” preventing us from using it going forward. Working with legal counsel and the Secretary of State we were given the option to either take her back to court to force her to withdraw the name reservation or change the name slightly and continue to operate our non-profit under a new name. We have been assured by legal counsel that the name change will not impact or bring into question our ownership of the lake or any of the other community properties. Not wanting another costly legal battle, the BOD chose to change the name to Lakeview/Highland Park Community Association and as of 8/20/2021 it is official. We have also reserved the name Highland Park Community Association to prevent this type of takeover attempt in the future. To ensure receipt of all legal correspondence we have also identified Allen Helms as the registered agent of our corporation. Going forward, any business in the name of the association must be authorized through the Lakeview/Highland Park Board of Directors. Just to be clear, the current board of Directors includes Allen Helms, Arlene Davis, Ed McCusker, Mike Damoff and Ed Williams.

Allen Helms to Highland Park Community Association Inc

Allen Helms  · Ms. Gros,Let’s set up a meeting next week as I’ll be taking over all administration of the grant applications.I cannot come inside so we can meet in my backyard or yours. Or you can send all the information electronically and we can discuss details over the phone.I also need to take over as administrator of the HPCA website.We both share a common goal of restoring the lake and the community to its previous glory so let’s work and get these grants asap.You are welcome to continue to work as part of the Grant Team.

Ed Williams to Highland Park Community Association Inc

Ed Williams  · In Jan 2020, an ill-advised group of people within our community illegally changed the name of our association back to the original name “Highland Park Community Association” or “HPca”. The leader of that group has waged a hostile takeover attempt of our community association ever sense. She also reserved the name “Highland Park/Lakeview West Estates Community Association” preventing us from using it going forward. Working with legal counsel and the Secretary of State we were given the option to either take her back to court to force her to withdraw the name reservation or change the name slightly and continue to operate our non-profit under a new name. We have been assured by legal counsel that the name change will not impact or bring into question our ownership of the lake or any of the other community properties. Not wanting another costly legal battle, the BOD chose to change the name to Lakeview/Highland Park Community Association and as of 8/20/2021 it is official. We have also reserved the name Highland Park Community Association to prevent this type of takeover attempt in the future. To ensure receipt of all legal correspondence we have also identified Allen Helms as the registered agent of our corporation. Going forward, any business in the name of the association must be authorized through the Lakeview/Highland Park Board of Directors. Just to be clear, the current board of Directors includes Allen Helms, Arlene Davis, Ed McCusker, Mike Damoff and Ed Williams.

Allen Helms to Highland Park Community Association Inc

Allen Helms  · I have asked Ms. Gros to set up a meeting to start a reasonable turnover of corporate and association information but she has yet to respond. The turnover of any lake related information needs to happen soon as we don’t want conflicting applications for the same lake.Can someone on Ms. Gros’s Board of Directors help with getting this information?The information needed includes, but not limited to;• ALL Engineering letters, reports, opinions and statements related to the stability and safety of the dam are needed immediately, specifically the ones supporting the latest claims of the dam being unsafe and unrepairable.• Other information and correspondence required as follows;o ALL contacts and documents related to any federal, state, private and local agencies contacted representing the association and its property in any wayo Any and all Grant applications filed including contacts documents & statuso Repair Estimates whether ROM of LSPo Treasures Register documenting all monies received and monies expended along with supporting receipts.o Meeting minutes, photos, and historical heirlooms of the associationo Listing is not to be considered inconclusive as other documents and information will be required as the turnover progresses.Any help in securing these documents will be greatly appreciated. It is everyone on Lakeview/Highland Park Community Association’s hope that we can use this time to join together to rebuild and regenerate our community as one peaceful and enjoyable place to live. Message sent to Ms. Gros this morning.Ms. Gros,Let’s set up a meeting next week as I’ll be taking over all administration of the grant applications. I cannot come inside so we can meet in my backyard or yours. Or you can send all the information electronically and we can discuss details over the phone.I also need to take over as administrator of the HPCA website.We both share a common goal of restoring the lake and the community to its previous glory so let’s work and get these grants asap.You are welcome to continue to work as part of the Grant Team.

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