Petition for Recall Election of the Officers of the Board.
Linville Land Harbor Property Owners Association, Inc. 

We, the undersigned members of Linville Land Harbor Property Owners Association, Inc. (“Association”), acting pursuant to Article IX, Section 4(c) of the Association Bylaws and N.C. Gen. Stat. §55A-8-08, hereby submit this Petition calling for a Recall Election regarding the following members of the Board.  Each director shall be voted on separately in the Recall Election:

Tommy Oakley, Cathy Kaake, Patricia O’Brien, Jan Blackwelder

GROUNDS FOR RECALL – FOR CAUSE
The undersigned members assert that the above-named directors have engaged in conduct constituting abuse of power and violation of fiduciary duties under both the Association’s governing documents and the North Carolina Nonprofit Corporation Act, including but not limited to:

• Abuse of Authority – Acting beyond powers granted by the Bylaws and Declaration.
• Failure to Follow Bylaws – Disregarding procedures for decision-making, notice, and transparency.

Among numerous violations here are a few examples, including and not limited to:

1. Held a March 2025 non-emergency meeting-community Election Vote Denied March Meetings
2. The election on denied Bylaw Amendments was repeated the next year, despite the election results.
3. Garbage Truck purchase exceeded $125k. Board Authority/Old Truck still in Use, no emergency
4. Financial options on Land Harbor Parkway misrepresented @ $605K
5. Financial options & urgency on the community pool misrepresented @ $525k
6. Financial options on bocce ball courts misrepresented @ $60K, not in the 2024 reserve study
7. Financial options on golf house improvements misrepresented & exceeded board authority @ $134k
8. Accounting 7 changed at the March meeting, removing protection of the restricted reserve fund
9. Suppression of open discussion at board meetings/overall lack of transparency
10. Basketball court improvements @$31k added to reserve study without justification/community input

All the above added without either authority or input or $ options justifying a now $600 per homeowner 2026 additional assessment, 2026 POA dues increase, and a tremendous reduction of our reserve funds.

PETITION AND DEMAND
We, the undersigned members in good standing of Linville Land Harbor, hereby:

Call for Recall Election – Demand, pursuant to Article IX, Section 4(c) of the Bylaws, that the Association act within fourteen (14) days to schedule a Recall Election regarding the directors named above. The Recall Election shall be conducted so that each director listed above is voted on separately for potential removal. 

Voting Requirement – In accordance with N.C. Gen. Stat. §55A-8-08(c) & (f), the number of votes cast to remove a director must be sufficient to have elected that director in the election class in which they were originally elected. Accordingly, the required thresholds for removal are:

Tommy Oakley (2023 class): 319 votes
Jan Blackwelder (2023 class): 319 votes
Cathy Kaake (2024 class): 331 votes
Patricia O’Brien (2024 class): 331 votes

Election Procedure – Require that ballots, both electronic and pape,r be prepared, circulated, and counted in the same manner as for an Annual Election, as mandated by the Bylaws.

By signing, each undersigned member affirms that they are an owner in good standing within Linville Land Harbor and fully support the holding of a Recall Election concerning the directors named above.