Posted on NextDoor app by Shah Smith, July 2023

Mark's continuous accusation that there is a conflict of interest because I am a real estate agent and on the board, is completely unfounded. Many real estate agents serve on HOA boards and bring value. It has come to my attention that today, Mark Gavan posted the following letter addressed on his nasty "uncensored" facebook page. He has been attacking and maligning me and other board members for months now on his facebook page, NextDoor and on a one-on-one basis with some individuals. We don't respond to him on social media, but this latest unwarranted attack will be addressed with a lawyer. "Board, It has come to my attention that Shah has two new Listings in Autumn Lakes where she has committed to completing HOA repairs prior to their home closings. This is a blatant conflict of interest--it is discrimination and is extremely unethical if not also illegal. Nobody on this Board can put personal monetary motives ahead of the good of our owners. This is unacceptable behavior and I demand that Shah resign from our Board immediately. Failure to resign by end of business July 14, 2023, will result in further actions being taken against her for both civil and legal crimes. Sincerely, Mark Gavan Trustee" While I don't feel the need to address a response to him directly, I do want to make sure that others are aware of the facts, and just how far off the mark he is. I FACT 1: Contrary to his accusation, I do not have any listings in Autumn Lakes at this time. I have however been approached by several families of deceased owners who are considering listing with me and trying to prepare their condos for sale. I fully expect that I will earn those listings, not because I put in routine work orders for them as a member of the board, but because I am a successful and conscientious Realtor. FACT 2: I met with one set of family members this morning. I did my normal real estate assessment of the property to give them practical advice for what they may want to do to enhance the sale of the property. Giving them my opinion does not require them to list with me. I often do that for owners who aren't even thinking about selling right now. During my assessment I saw that there were three water damaged areas on the ceiling - although they appeared to be from old leaks. This damage to the roofs and any resulting interior damage is the responsibility of the association. Had I been in a different condominium complex I would have suggested they turn a work order in to their management company. Because I am on the board here, I went ahead and asked SMG to check the records to see if the roof had been repaired. If no repairs are evident, then a roofing company will be dispatched to do any necessary repairs - as usually happens. There was no special treatment given. The fact is that these family members do not have access to TownSquare and I do. Even if the roof was repaired previously, it is very possible that the owner, for various reasons, never turned in a work order for the interior repairs. Once it is determined that the roof is no longer leaking, the association will proceed to have the interior damage fixed, as the association always does. It is the usual followup procedure. I regularly act in a reporting capacity for other owners, so this was no different. I met with another family this evening. During that assessment I found out that they were under the mistaken impression that everything on the exterior, including the deck, would be the association's responsibility to fix prior to their sale. This is not accurate. I did not ask them who gave them this false information. As a member of the board, I did tell them that I saw a piece of window trim that needs immediate repair, and a rotten piece of chimney trim that also needs repair. Again, as they are not on Town Square, I turned in a work order for them. I further explained that some of the other siding issues we saw are already a part of the master list for repairs. None of these were major, so I explained that they will be fixed as the building is fixed as a whole. There were several gutter issues that the owner had asked AMC to fix for years. AMC had jerry-rigged a fix that hasn't worked. The two areas will be looked at by Chris on his routine work list. No special treatment there. I acted responsibly both as a real estate agent and as a board member in assisting this family. . Thanks, for listening. If you have questions, please do not hesitate to call me.and by the way contrary to Mark's reporting on facebook, while I won't be resigning, I will be asking him for his resignation. Shah