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nothing about understanding the infrastructure for which they have an obligation to operate and maintain on behalf of all of the homeowners in the subdivision. By direct testimony of Mr. Bruce Weintraub, ILNPOA funds were used in misappropriation of the association funds to cut of grass belonging to the developers. This is just one showing of misappropriation which underscores the importance of the discovery requests for the books and records of the association which have been wrongfully denied to Defendants and for which judgment in favor of the Plaintiff should be denied. 7. Attached hereto is the affidavit of Mr. Zach Handach, P.E. with Rindt-McDuff Associates, the engineer who conducted the review of the subdivision septic systems. Mr. Handach was under subpoena to appear at trial, which was conducted prematurely. Mr. Handach's reports contain the engineering review of the Community Septic System, the storm drains and green space requirements. A statement of the expenses incurred for his services is included. His reviews show the multitude of design and installation deficiencies which were allowed to be done by Forsyth County since the subdivision was never conforming to county law in the first place. The additional work of the surveyor which RMA relied upon for their storm drain evaluation is attached as Exhibit 4. 8. Attached hereto is an affidavit of Mr. Dan Centofanti, P.G., with Mill Creek Environmental Services. Mr. Centofanti has been subpoenaed to the trial of these matters, which was premature as of the date of the trial on March 29, 2013. Mr. Centofanti's reports the failing and improperly designed and installed septic systems in the subdivision, along with the expenses incurred for his services. Mr. Centofanti's report references bacteria sampling conducted by KW Soils Inc. which were made a part of the record during the Plaintiff's deposition of Kyle White of KW Soils, Inc. along with the expenses of Defendant in obtaining his services (attached as Exhibit 5). 9. Mr. Centofanti's review of the Ivyshaw Landing Subdivision points out that Septic systems are Page 4
failing and contaminating the stream and lake with fecal coliform bacteria at a level posing a “significant risk to anyone coming in contact with Lake Lanier waters”.. 10. Plaintiff's Exhibit 3,(Declaration of Covenants and Amendments), Plaintiff's Exhibit 20 (Plat for Ivyshaw Landing recorded 7/25/01, Book 66, Page 168), Plaintiff's Exhibit 21 (Septic records from Forsyth County), 38 (Purchase Contract dated 7/11/03), and Plaintiff's Exhibit 43 (Plat of Neighboring subdivision) and Defendants' Exhibit 1 (Plat of Ivyshaw Park Phase I dated November 15, 2000, Book 68, Page 184) are the documents relating to the approval of Ivyshaw Park and Ivyshaw Landing subdivisions. The Forsyth County approved plats of the Ivyshaw Park and Ivyshaw Landing Subdivisions do not contain any representation of a limitation on the number of bedrooms that can be built on any lot within the Ivyshaw Landing Subdivision which is served by a Community Septic System limited in the number of bedrooms which can connect to it. 11. As shown in trial, Plaintiff's Exhibit 5 (Quitclaim Deed dated October 31, 2001, common property) transfers the tracts known as Common Area 1 and Common Area 2 from Ivey Shaw, LLC to Ivyshaw Landing Neighborhood Property Owners Association, Inc (herein “ILNPOA”). The property subject of this quit claim deed had vested to the property owners of the Ivyshaw Park Subdivision as shown in Plaintiff's 43 and Defendants' 1. As shown in Defendant's Exhibit 1, at Final Plat Note 12, the Common Area tracts subject of the Plaintiff's Exhibit 5 quit claim deed were required to meet the county code for Common Area for the entire subdivision: The illicit transfer of the property into the ILNPOA for commercial use as a septic system drain field area has caused the entire subdivision (Ivyshaw Park, Ivyshaw Landing and the Preserves at Ivyshaw) Page 5
Page 1 and 2: IN THE SUPERIOR COURT OF FORSYTH CO
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October 10, 2012 Mr. Ron Mayhew 914
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Mr. Ron Mayhew October 10, 2012 Pag
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