August 26,2020

South Hampton POA Bulletin
Structural Waterproofing letter August 26, 2020

THIS EMAIL BULLETIN IS BEING SENT TO ALL OWNERS

Hello South Hampton Owners,
We are aware of a letter owners have gotten regarding payment for a subcontractor who did work on the South Hampton waterproofing project in 2019-20.  We are working on getting more information and solving any possible issues as soon as possible.  We will keep owners informed on the updates.
Thank you,
LITUS* To Let

August 28, 2020

South Hampton POA Bulletin
Friday August 28th 2020 Structural Waterproofing update

THIS EMAIL BULLETIN IS BEING SENT TO ALL OWNERS

Hello South Hampton Owners,

We wanted to give you an update on the Structural Waterproofing letter you may have received earlier this week.  We have confirmed that the subcontractor has indeed been paid, in full, by the general contractor. Please note that this subcontractor never had a contract with the South Hampton POA.   

The general contractor is meeting with his attorney next week to answer the complaint so there is nothing South Hampton owners need to do at this time.

More information to come next week for everyone once we have it

Thank you,
LITUS* To Let

September 15, 2020

 

Chris,

I wanted to express my concerns regarding your email below sent to the South Hampton Homeowners on August 28, 2020 by LITUS* To Let.

The second sentence in your email says, “We have confirmed that the subcontractor has indeed been paid, in full, by the general contractor”. Since the POA has not notified the homeowners that we are being represented by legal counsel/lawyer in this matter, each owner has to represent themselves. I have personally started to take action and have reached out to Caroline Lindsey Trautman from Oak City Law LLP, who is representing Structural Waterproofing, LLC.

I had a lengthy conversation with Caroline and learned that Tribune Holdings LLC has not paid Structural Waterproofing the $101,975.62 mentioned in the summons. In fact, she mentioned there is still no communication from any of the Defendants. She did say Tribune Holdings has recently engaged an attorney, but has yet to hear from them.

Your email is misleading the homeowners as it is being interpreted as the issue is resolved and there is nothing for the homeowners to do. In fact, the homeowners are now receiving their second summons letter.

All Defendants; Tribune Holdings, South Hampton Property Owners Assoc, Kingston Plantation Master Association, and all home owners are summoned and required to answer the complaint in this action within 30 days after the service of the summons.

If the Defendants fail to answer the complaint within the time aforesaid, the plaintiff in this action will apply to the court for judgement by default for the relief demanded in the complaint and judgement will be rendered against the defendants.

The action to be taken against the homeowners is a Mechanics’ Lien Foreclosure Action. If this is not resolved each homeowner will have a lien on their property.

And in the third sentence of your email it states, “Please note that this subcontractor never had a contract with the South Hampton POA”. This statement has no bearing on the action allowable by South Carolina Law and the Plaintiff. The law recognizes that improvements were made to our building and the owners/homeowners are benefiting from such improvements, thus allowing the Plaintiff to take actions against the owners/homeowners and not only with the contractor.

Your next comment states, “The general contractor is meeting with his attorney next week to answer the complaint so there is nothing South Hampton owners need to do at this time”. It’s been 2-1/2 weeks since your email and the General Contractor or their attorney has not reached out to Oak City Law.

I don’t believe you should be telling the homeowners there is nothing we need to do at this time. We are still obligated by law to answer the complaint. We need to hear from Oak City Law that it has been resolved or from the POA attorney (if we had representation, which we don’t).

I recommend you send out an update email informing all homeowners of their obligation under the law and that to date the matter has not been resolved.

I am getting a lot of questions from homeowners as to the status of this complaint and if they need to respond to the summons. I have held off on sharing what I have learned and I prefer this comes from you. At some point in the near future, I will feel obligated to share the info I received from Caroline at Oak City Law.

Feel free to call me.

Best Regards,
Tom Leonti

September 15, 2020

—– Forwarded Message —–
From: Chris Millar <[email protected]>
To: tomleonti <[email protected]>
Cc: Doug Millar <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Lynn Edmonds <[email protected]>
Sent: Tuesday, September 15, 2020, 02:47:02 PM EDT
Subject: RE: Friday August 28th 2020 Structural Waterproofing update

Tom,

Thank you for your email and for sharing your opinions.  Unfortunately, likely due to no fault of your own, there are several inaccuracies in your email below.  We are working on an update for all owners at South Hampton and will provide that correct information post haste.
Just to be clear, the attorney for Structural Waterproofing has been spoken to verbally, via email and via US Mail by both the General Contractor’s attorney and South Hampton POA’s attorney and those are indeed facts.
More info to come for you and everyone at South Hampton. 
Have a good day!

Chris Millar
LITUS* To Let
843-448-9000 ext. 114

September 15, 2020

—– Forwarded Message —–

From: tomleonti <[email protected]>
To: Chris Millar <[email protected]>
Cc: Doug Millar <[email protected]>; “[email protected]” <[email protected]>; “[email protected]” <[email protected]>; “[email protected]” <[email protected]>; Lynn Edmonds <[email protected]>
Sent: Tuesday, September 15, 2020, 03:08:56 PM EDT
Subject: Re: Friday August 28th 2020 Structural Waterproofing update

Chris,

Thanks for the quick response. All my information is from my conversation with Oak City Law yesterday afternoon. Maybe something has changed in one day.

You mentioned there are several inaccuracies in my email. As I have to represent myself in this matter (due to no POA attorney has been identified as representing the homeowners), I will need you to identify those several inaccuracies so my documentation to support my response to the summons is correct.

Are you are saying the POA attorney is representing the homeowners? If that’s the case, why weren’t we notified of this? This is key information that the homeowners should have know about. The homeowners believe we have to handle this on our own and that’s the reason for much confusion and anxiety from many.

Best Regards,
Tom Leonti

No Response to This Email from Chris Millar

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