Articles of Incorporation of the HOA dated 22 February 2006
Deed of Assignment dated 3 February 2020*
Appointment of Directors of the HOA dated 17 May 2021
2021 Financial Statements of the HOA*
Minutes of Meetings of the Board of Directors of the HOA (none available)
Minutes of the Annual Meetings of the Membership of the HOA (none available)
* In the 2021 financial statements of the HOA, the auditors are unable for the second year in a row to confirm or verify the homeowners accounts receivable balances and are unable to render an opinion on the financial statements for the reasons set forth in their report.
In Footnote 1 of their report the auditors state that the Apes Hill Club Homeowners Association, Inc (“HOA”) “is controlled by the homeowners within the Apes Hill Club Development” (the “Development”). This statement is inaccurate because the HOA is controlled by a Board of Directors appointed by Plantation Sanctuary, Inc (“PSI”) the current developer of the Development and is not composed of any homeowners in the Development.
The Footnote goes on to state that the principal place of business of the HOA is located at “Spring House.” This is also an inaccurate statement because Spring House is a private residence that has nothing to do with the HOA.
The Footnote then goes on to incorrectly identify the grantors in the Deed of Assignment, dated 3 February 2020 from AH Development SRL (the “Developer”) and Republic Bank (Barbados) Limited to PSI, and states that it transferred to PSI the developer’s rights to appoint the directors of the HOA. This is also an incorrect statement because at no time did the Developer have the right to appoint directors for the HOA; at no time did the Developer appoint directors for the HOA; and nowhere in the Assignment did the Developer attempt to assign a right to appoint the directors of the HOA to PSI.
Finally the Footnote concludes that the financial statements were authorized to be issued by the Board of Directors of the HOA on April 4, 2022.