MXB Wire 2020 Voter Compass

In this installment of the MXB Wire I will report on the contributions of the incumbent candidates for the board in advance of the 2020 elections scheduled for September 5, 2020. The incumbent candidates who seek re-election to a seat on the board include:

• Ellen Throop;
• Steve Larsen;
• Marty Shecter and
• Nancy Glascow.

I will also cover the two candidates, who reportedly seek to unseat Ellen Throop, including Nora Alter and Amy Witcover-Sandford.

My name is Greg Pichler. You are watching the MXB Wire for August 22, 2020.

MXB Wire 2020 Voter Compass ⁙ Ellen Throop

Ellen Throop

background

Ellen Throop has served six terms as a board member, covering 12 years, since Throop was first elected to the board in 2008. Throop currently holds the chair position of the legal committee. [1]

Professionally Throop is a partner in a law firm that specializes in the governing law effecting homeowner associations. Throop is licensed to practise law in the state of Maryland.

voting record

Throop has a pragmatic and mindful voting record. On April 14, 2020, Throop voted against a motion put forward by Steve Larsen to engage the resident lawyer, Mary Schrider-Fox, to draft a proxy on a covenant change to effect a rental tax on the grounds that it would place Schrider-Fox in a conflict of interest. In any event the laws governing homeowners associations in Delaware exclude homeowners associations from the jurisdictional authority to tax its members on the basis of rental income. In so doing Throop is also protecting the homeowners association from potential litigation should the community vote to effect a rental tax as municipalities in the area have effected.

On September 21, 2019 Throop voted against a motion by Steve Larson to reserve committee chair positions to board members. Marty Shecter and Steve Larson were reportedly looking to remove David Taylor as chair of the beach patrol committee and install Marty Shecter in his place.

On October 19, 2019 Throop voted for a motion put forward by Steve Larsen to prohibit dogs on the beach, reversing an earlier decision by the board, on the grounds that dogs on the beach during the Summer season pose a health risk to children.

On July 18, 2020 Throop voted against a motion to reverse an earlier decision by the board to retract the unidirection rules for the use of common walkways on the grounds that it would violate Delaware policies dealing with the COVID-19 outbreak.

accomplishments

Over the 2018-2020 term Throop developed a Code of Conduct document with the help of the legal committee. The document is designed to govern board members as well as committee members. The Code of Conduct document, which the board voted to adopted on October 19, 2019 or thereabouts, has since been signed by a number of the board members. Steve Larsen, Marty Shecter and Nancy Glascow have thus far refused to sign the Code of Conduct document.

Over the 2018-2020 term Throop also authored a privacy policy that now appears on the association web site, www.middlesexbeach.org.

As part of her regular duties, Throop interacts with the resident lawyer, Mary Schrider-Fox, and lawyers with the civil litigation firm that handled the action, DMF Associates et al versus the Middlesex Beach Association.

Throop and the legal committee also deal with collections of derelict accounts. In some cases Throop writes demand letters to deliquent members. In other cases Throop directs matters involving collections to the resident lawyer, Mary Schrider-Fox.

Throop also handles culvert agreements with the members whose driveways require culverts. The culverts are typically on land owned with the association.

On the event that the current homeowners association president, Margie Cyr, is on vacation Throop, acting as the vice president, manages the board meetings.

criticism

Perhaps, Throop's most prominent failing over the past term (and in her entire twelve year tenure) has been the fall out from the policy that she and the legal committee developed, governing digital signs. Over the course of the 2016-2017 season or thereabouts, Throop and the legal committee developed a policy document, governing the treatment of digital signs by commercial members. The legal committee at the time included three community members, including Steve Larsen, Paul Bradley and Throop as committee chair.

The legal committee presented the draft document to the board for adoption. The 2016-2017 board voted to adopt the draft. Ironically, Judy Bennett of DMF Associates reportedly voted in favor of the policy document only to later defy the policy on the event DMF Associates leased a commercial property to the Norman Law firm.

The policy document prohibits commercial tenants, having digital signs, from rotating the signs more than one time within a twenty four hour period. The rational according to Throop is that a sign that rotates in more rapid succession is in effect a "flashing" sign, which the governing covenants of the Middlesex Beach Association prohibits. Unfortunately, the policy document is not in sync with the covenants on the matter of digital signs and the treatment thereof. The covenants do not mention digital signs or under what circumstances digital signs are permitted. This constitutes a major discrepancy between the covenants and the policy governing digital signs.

A flashing sign is one that has equal increments of being on and off. Period. Like pornography you know a flashing sign when you see it. The sign advertising the Norman Law Firm, which has since been removed from the grounds of MXB, was clearly not a flashing sign.

Enter the Norman Law Firm in the Fall of 2017

In September, 2017 the DMF associates filed a building permit to erect a digital sign on behalf of incoming tenant, the Norman Law Firm. On the event that the board attempted to exercise the policy document and reject a building permit by the DMF Associates, on December 26, 2017 the Norman Law Firm, filed suit against the home owners association, seeking an order to compel the assocation to approve the building permit. [2]

Evidently, Norman educated himself on the articles of incorporation as well as the covenants of the homeowners association and discovered the discrepancy in the governing documents insofar as the treatment of digital signs. In fact the covenants make no mention of digital signs whatsoever.

At some point in April, 2018 DMF Associates on behalf of the Norman Law Firm erected a digital sign in the absence of an approved building permit, defying the board.

On the event that the DMF Associates erected the digital sign, the Middlesex Beach Association filed a counter suit against the DMF Associates and the Norman Law Firm, seeking an order from the court to compel the DMF Associates to remove the sign.

Dean Campbell, a civil litigation specialist, who practices in Sussex County, says "What you typically see with homeowner associations is you find one or two people on a board who are more or less permanent fixtures, who loosely interpret the governing covenants to arbitrarily rule on matters." [3]  Again, Throop has served on the board for 12 years. In this case Throop directed the board to adopt an ill advised policy document that if enforced would effectively expose the homeowners association to litigation.

That is exactly what happened.

Both the DMF Associates et al and the Middlesex Beach Association moved to seek summary justice on the other. In September, 2018 the court ultimately granted the homeowners association an order, dismissing the Norman Law Firm as a plaintiff in the matter. However, the homeowners association could not deliver the knock out blow and the Master, who heard the motion, ordered the matter be set down for trail.

Ultimately, in the Fall of 2019 the DMF Associates and the homeowners association reached a settlement. The terms of the settlement included the provision that the Middlesex Beach Association pay the Norman Law Firm 15,000.00 forthwith. The monies that the homeowners association agreed to surrender to the Norman Law Firm was reportedly covered by the insurance policy. The settlement also included a provision whereby the homeowners association relaxed the restrictions on the frequency with which the digital sign could rotate.

the fall out from the action

The consequences of the law suit, which cost both parties in excess of 100,000.00 dollars, will have an adverse effect on the risk formulation when the homeowners association renegotiates its commercial insurance policy. On the expiry of the current contract, which is set for 2021, the homeowners association will no longer be in a risk category commisserate with low premiums. The homeowners association will likely see a five to ten fold increase in the cost of insurance in 2021 going forward. A five-fold increase would amount to 312.50 per property.

As the law suit was reserved for executive session, it is not clear who on the board voiced opposition to the escalation of conflict between the parties, if anyone. Being the chair of the legal committee and the point person involved in discussions with the law firm representing the HOA, Throop cannot escape accountability.

endorsement

Throop is one of three board members, who puts in 90% of the effort of keeping the homeowners association operating. Although Throop's misplay on the policy document governing digital signs and the ensuing law suit with the DMF Associates et al will negatively impact the operating budget starting in 2021, given the alternative, I endorse her for a seventh term on the board. No one is perfect. People on occasion make mistakes. What is important is how people recover from their mistakes.

If keeping Throop on the board costs 312.50 per year per resident over the next three years, starting in 2021, so be it. If that happens, I for one will happily pay the bill.

MXB Wire 2020 Voter Compass ⁙ Steve Larsen

Steve Larsen

background

Steve Larsen has served three terms as a board member, covering 6 years, since Larsen was first elected to the board in 2014. Larsen currently holds the chair position of the budget and finance committee. Larsen also serves as the treasurer.

voting record

Larsen has a pragmatic voting record on the vast majority of issues with the exception of motions that are associated with his principal campaign promise to tax rental properties. On the rental tax issue Larsen's position is consistent with his professional background on the affordable health care act. In this arena Larsen is not opening more sources of revenue, but rather he is engaging in zero-sum game politics.

An 8% rental tax, which Larsen has been seeking since reportedly signing onto the 2017 petition authored by fellow board members, Marty Shecter and Nancy Glascow, will not raise additional revenues, but rather the tax will redistribute the burden of the operating expense of the association. In effect Larsen is seizing on an opportunity to cajole the community to vote for an ill conceived, covenant change to effect a tax that would see 20% of the community underwrite over 50% of the operating expense of the homeowners association. Further, as the rental values of properties on the ocean side are considerably higher than those on the pine side, under the Shecter, Glascow, Larsen plan over two-thirds of the 50% of revenues falling out from an 8% rental tax will fall onto the ocean side rental properties to the benefit of the pine side property owners. Larsen happens to be a pine side property owner, who does not offer his property for rent. Under his plan, Larsen will be amongst the 80% of property owners, who would contribute to less than 50% of the operating budget.

On April 14, 2020, Larsen brought a motion to the board to engage the resident lawyer, Mary Schrider-Fox, to draft a proxy on a covenant change to effect a rental tax despite the fact that such a tax violates Delaware laws governing homeowners associations. Again, the laws governing homeowners associations in Delaware exclude homeowners associations from the jurisdictional authority to tax its members on the basis of rental income. In effect Larsen skillfully moved the board to force the community, including the rental property owners, to underwrite the legal costs of drafting a proxy that will ultimately be to the detriment of the rental property owners. In so doing Larsen is exposing the homeowners association to potential class action litigation should the community vote to effect a rental tax as a number of neighboring municipalities have effected.

voting record on other matters

On September 21, 2019 Larsen abstained on a motion he initiated to reserve committee chair positions to board members. Marty Shecter and Steve Larson were reportedly looking to remove David Taylor as chair of the beach patrol committee and install Shecter in Taylor's place.

On October 19, 2019 Steve Larsen brought a motion to the board to prohibit dogs on the beach, reversing an earlier decision by the board, on the grounds that dogs on the beach during the Summer season pose a health risk to children.

On July 18, 2020 Larsen voted against a motion to reverse an earlier decision by the board to retract the unidirection rules for the use of common walkways on the grounds that it would violate Delaware policies dealing with the COVID-19 outbreak.

accomplishments

In April, 2020 with the coronavirus pandemic in full swing the board recognized that a number of members were sensitive to any increase in the assessment. As a result the board attempted to minimize any increase to the assessment. Larsen led that effort. Larsen compiled three pro forma statements, each having a different budget ceiling, allowing the board to choose between one of the three budgets for the coming fiscal period. Ultimately, the board selected a budget with a 4% increase (or thereabouts) compared to the 2019-2020 fiscal year.

criticism

On February 10, 2018, during a community exchange meeting, proctored by then Building Committee chair, Margie Cyr, Steve Larsen distributed a list of what he advertised as other "neighborhoods" that charge rental fees. The list is actually entitled, Weekly fees of the other neighborhoods and towns. Larsen's list includes three municipalities, including the town of Bethany Beach, the town of Fenwich Island, and the town of South Bethany. [6] In effect Larsen is passing off municipalities and homeowners associations as neighborhoods, lumping these different legal models into one big basket of similar colored fruit.

Larsen's list also includes Sussex Shores, which is an "unincorporated community". Larsen's list also includes The Preserve, which self identifies as a gated community and nothing more. Ignoring these five neighborhoods for the moment, the list includes only five homeowner associations, including Breakwater Beach of Rehoboth Beach, Ocean Breezes of North Bethany, Ocean Ridge of Bethany Beach, Cotton Patch of North Bethany and Salt Meadows of Fenwich Island, Delaware (sic). None of them charge a 6% or an 8% rental tax.

In any event municipalities have jurisdictional authority to tax, homeowners associations do not.

It is unclear what relevance, if any, municipalities play into the argument as to what homeowners associations should charge rental properties. Larsen never establishes the critical link. These three municipalities, the one unincorporated community and the gated community should not appear on the list at all. However, Larsen clearly includes the three municipalities, the one unincorporated entity and the one gated community to advance the false narrative that the entire population of homeowners assocations charge a percentage fee (or a flat fee) against rental properties to compensate the association for what is in his opinion the additional cost of servicing these properties. In fact Middlesex Beach does not provide any services specific to rental properties, like a key service or a property management service, to warrant such a fee.

Only one homeowners association on the 2018 list, Breakwater Beach, charges a percentage fee against rental properties, that being 2.25%. If true, Larsen has never given any factual evidence as to the rationale, the cost justification, behind why the one homeowners association on the list, which is located in the heart of Rehoboth Beach, Delaware, does so. [6] As homeowner associations are excluded from the jurisdictional authority to tax rental income, if true, the association would be in violation of the laws that govern homeowners associations in Delaware and would not immune to litigation.

Again, Larsen is seeking to charge rental property owners an 8% rental tax, which far exceeds that of the one homeowners association on the 2018 list that charges a percentage fee and is more in alignment with the municipalities on his 2018 list.

Larsen and his constituents, who believe that a rental tax will lower the assessment by approximately 1,000.00, should disabuse themselves of that delusion as well as the litigation costs and associated insurance premiums that go with the pursuit of the delusion. Again, the state's laws governing homeowners associations exclude homeowner associations from the jurisdictional authority to tax rental income. As HOAs have no jurisdictional authority to tax, HOAs cannot register on rental services like AirBnB or VRBO.COM as a tax jurisdiction and force these services to charge tenants taxes or fees and automatically remit these taxes to the homeowners association. HOAs can only invoice the members of the homeowners association and although in his biography Larsen wants you to believe these taxes will only be charged to the tenants and not to the owners, Larsen has no other option but to drawn the tax expense from the owners' net rental income. [4]

It is akin to making the following statement below:

Don't worry. I am not going to charge you. I will take the monies from what your employer pays you.

Further, the association has no legal contract of any kind with the tenants of rental properties to go after these individuals. The association cannot suddenly erect cash registers at the end of the common walkways to the beach as on the event a property owner leases his property he/she consigns all his/her rights to the beach to his/her tenant during the term of the rental period. You can no more bar a tenant from access to the beach than you can an owner, except in the case where the owner is not in good standing.

In the scenario that a property owner is not in good standing, the board has the right to revoke the owner's beach pass, which would effectively prohibit the owner's tenants from access to the beach. However, these circumstances only happen in the rarest of cases, and would still not give the association the legal right to tax tenants as they access the beach.

Any covenant change to impose a tax on rental income would expose the association to litigation. A class action suit by a number of owners against the homeowners association would likely succeed on a single motion, seeking summary justice. In that scenario the association would also bear the costs of the motion brought forward by the owners of rental properties.

Larsen cannot claim ignorance of the legality of imposing a rental tax or a flat fee as the resident lawyer, Mary Schrider-Fox, correctly advised him and everyone else on the board a number of times that any fees beyond the assessment must be supported by a cost justification. Larsen's 2018 list in isolation does not qualify as a cost justification for imposing a rental tax or a flat fee of any kind. The board cannot arbitrarily levy fees against rental properties.

Of the homeowners associations that charge a 50.00 dollar or 100.00 dollar fee per rental incident on the 2018 list, these homeowners associations and ones like them provide a key service to rental property owners. The market rate for a key service ranges from 50.00 dollars to 100.00 dollars. Under the rules governing homeowners associations, HOAs that provide a key service are allowed to charge a fee as there is a cost justification to do so. In this scenario the cost of the key service, which is specific to rental properties, would qualify as a cost justification. The HOA would then be entitled to seek reimbursement for these expenses. In his arguments Larsen neglects to volunteer this fact in the rationale behind the fee. In any event the Middlesex Beach Association does not operate an office to provide a key service to rental properties and never has.

Of the homeowners associations that charge a 150.00 dollar or 200.00 dollar fee per rental incident on the 2018 list, these homeowners associations and ones like them provide a property management service to the rental property owners. The market rate for a property management service ranges from 100.00 dollars to 400.00 dollars. Again, under the rules governing homeowners associations, HOAs that provide a property management service are allowed to charge a rental fee on the event that there is a cost justification to do so. In this scenario the cost of the property management service, which is specific to rental properties, would qualify as a cost justification. The HOA would then be entitled to seek reimbursement for these expenses. In his arguments Larsen also neglects to volunteer this fact in the rationale behind the fee. In any event the Middlesex Beach Association does not operate an office to provide property management services to rental properties and never has.

In effect Larson seeks to charge rental property owners, a percentage fee or a flat fee that would otherwise be appropriate in exchange for a rental specific service, however, Larsen is not offering any rental specific services in exchange.

Larsen is also not offering owners of empty lots a discount on their assessment, which is very telling. Empty lots do not necessarily require garbage collection services.

conditional endorsement

Larsen is one of three board members, who puts in 90% of the effort of keeping the homeowners association operating. Although Larsen's presentation of the rental tax minimizes the real risk of litigation that may fall out of engaging in such a covenant change, given the alternative, I conditionally endorse him for a fourth term on the board.

Given Larsen's deliberate obfuscation surrounding the 2018 list, the fact that Larsen reported on only one homeowners associaton that charges a percentage fee, while stating the entire "world" charges rental taxes, the fact that the one association on Larsen's 2018 list that charges a percentage fee, charges only 2.25%, my endorsement is contingent on Larsen agreeing to recuse himself on any motions, involving a rental tax. If Larsen refuses to recuse himself, gets re-elected and successfully moves the prospect of a rental tax on the community in the form of a proxy vote for a covenant change, I will definitely regret giving Larsen any endorsement whatsoever, even a conditional endorsement.

As a home owner I expect the board members to act within the laws that govern homeowners associations, and not plot schemes to extract enormous amounts of money from me, while at the same time not offering me any service in exchange. Further, and more importantly, a rental tax in the context of a homeowners association is a violation of the state's laws governing homeowners associations on its face, which is certain to attract litigation.

(Editors note: Larsen did not respond to any of my requests to interview him on his accomplishments while in office.)

MXB Wire 2020 Voter Compass ⁙ Marty Shecter

Marty Shecter

background

Marty Shecter has served one term on the board since his election in September, 2018.

In the months leading up to his election Shecter co-authored the 2017 rental tax petition with Nancy Glascow, demanding the board collect an 8% rental tax from owners, who offer their property for lease. Shecter happens to be a pine side property owner, who does not offer his property for rent. Under his plan, Shecter will be amongst the 80% of property owners, who would contribute to less than 50% of the operating budget.

Shecter's motive in co-authoring such a petition is greed. Shecter spells out in his letter, undated, that the objective of the tax is to "stabilize or lower the assessment". [5]

On his election Shecter did not volunteer to chair any committee. Instead, Shecter offered to help Larsen on the budget and finance committee and the community patrol committee. On the event that Judy Bennett failed to win re-election to the board on August 31, 2019, HOA president, Margie Cyr, appointed Shecter as chair of the commercial committee, taking over for Bennett. Shecter is currently the chair of the commercial committee.

voting record

Shecter's voting record at times shows a disregard for Delaware law and at other times Shecter's voting record demonstrates a callous disregard for association assets.

Over the course of a board meeting in December, 2018, or thereabouts Shecter motioned the board to effect a change to a fence on MXB property that separates the properties on the ocean side and US route 1. Shecter's motion was in response to a constitutent, who wanted to effect the change to the fence to provide noise reduction from the highway. However, the fence was designed and built to withstand hurricane level winds. Regardless, Shecter advocated for changing the fence, which would have made the fence vulnerable to collapse from high winds. Ultimately the board voted against Shecter's motion.

On September 21, 2019 Shecter voted in favor of a motion to reserve committee chair positions to board members. Shecter and Steve Larson were reportedly looking to remove David Taylor as chair of the beach patrol committee and install Shecter in Taylor's place.

On October 19, 2019 Shecter voted against a motion put forward by Steve Larsen to prohibit dogs on the beach, reversing an earlier decision by the board, on the rationale that when properly cared for dogs pose no health risk to children. The problem is that a significant number of dog owners do not pick up after their dogs. Shecter's belief runs counter to the laws of Delaware that prohibit dogs on the beach from a date in May through to a date in September.

On April 14, 2020, Shecter voted in favor of Larsen's motion to engage the resident lawyer, Mary Schrider-Fox, to draft a proxy on a covenant change to effect a rental tax despite the fact that such a tax violates Delaware laws governing homeowners associations. Again, the laws governing homeowners associations in Delaware exempt homeowners associations from the jurisdictional authority to tax its members on the basis of rental income.

On July 18, 2020 Shecter voted in favor of a motion to reverse an earlier decision by the board to retract the unidirection rules for the use of common walkways on the rationale that the coronavirus cannot be spread outdoors, regardless of whether lifting of the rule violates Delaware policies dealing with the COVID-19 outbreak or not. In this case Delaware policy requires people to maintain a six feet separation (e.g., social distancing). A number of the common walkway do not allow for social distancing in the case the walkways are bi-directional.

accomplishments

Shecter never responded to my request to interview him on his accomplishments as chair of the commercial committee. In any event I understand that Alex Sella informed Shecter that a number of fences that are located between the commercial buildings and Beach Plumb Road are in disrepair. In response Shecter directed CAS, the property management service, to follow up with a number of the owners of the commercial buildings. Little has changed over the twelve month period that Shecter has been the chair of the commercial committee on the facilities that border the buildings and Beach Plumb Road.

Outside of his responsibilities on the commercial committee, Shecter erected two dog stations in the community. Both of the dogs stations are located on the pine side of the community. Shecter's efforts at erecting a dog station on the ocean side of the community have stalled.

criticism

Early in his tenure Shecter sent a broadcast letter to all the members of the community, advocating for the introduction of an 8% rental tax. [5] In his letter, which is undated, Shecter advances his opinion by likening the vacation rental property at 53 Dune Road to a "hotel", in effect defaming the owners of the property. Ali Kazemzadeh and Jennifer Kazemzadeh own the property at 53 Dune Road. Jennifer Kazemzadeh is a former board member.

The innuendo of Shecter's words is that the Kazemzadehs are illicitly profiting from an over-sized property at 53 Dune Road at the expense of the other members of the homeowners association. In fact the property at 53 Dune Road, whose construction was overseen by the building committee, is in compliance with the covenants of the homeowners association.

The Kazemzadehs reportedly responded swiftly, threating to file a defamation suit in civil court against Shecter and the board unless the parties agree to refrain from further statements about the property at 53 Dune Road or them explicitly.

Shecter never retracted his letter or issued a public apology for his defamatory words against the Kazemzadehs.

The purpose of Shecter's letter is clearly to cultivate hatred toward rental properties and the people, who own them, making the community ameniable to impose a punitive tax against what Shecter regards as people who take advantage of the community.

Shecter at the heart of the dysfunction on the board

Since his election to the board Shecter has been in conflict with every one of his fellow board members with the possible exception of Nancy Glascow, who Shecter co-authored the 2017 petition with, Steve Larsen, Margie Cyr and Tristan Kreuger. If you cannot get along with Tristan Kruger, you cannot get along with anybody.

Shecter has had a number of conflicts with Ellen Throop. In a carefully worded response to Throop over a request to apply for an emergency building permit prior to work on his property, Shecter snapped at Throop, demanding she stop "harrassing" him.

Shecter has had conflicts with both Geoff Sella and Alex Sella. Regarding Alex Sella, Shecter called out Alex Sella for "lying" to him on a number of occasions and for obfuscating facts and figures. Shecter also called out Sella for not apologizing in public over a matter Alex Sella apologized to Shecter for in private. Shecter thought the apology should have made publicly.

Alex Sella has also called out a number of Shecter's statements about him as being derogatory in nature including a statement Shecter made about Sella over the course of the board meeting on July 18, 2020. Shecter said that only one person on the facilities committee does any real work. [7]

Over the course of a board meeting on July 18, 2020 Geoff Sella said to Shecter that Shecter and he (Geoff Sella) continue to have issues to work out in private. [7] Shecter and Geoff Sella have worked together on the board for two years.

However, it is Steve Larson, and not Nancy Glascow, who is Shecter's biggest defender, sticking up for Shecter when Shecter is the object of criticism by the other board members.

This behavior on Shecter's part, of never accepting the word, no, lends itself to ever escalating dysfunction on the board. On the event that Shecter's campaign to fund additional MobiMats during a budget meeting in May, 2020 fell short, Shecter revisited the matter in a subsequent board meeting on July 18, 2020, only to watch the motion fail again. The discussion on July 18, 2020 lasted thirty minutes; thirty minutes that could have been better spent on other matters.

endorsement declined

I personally cannot endorse Shecter for a second term on the board member due to the reasons above. Shecter is one of the five board members, who perform 10% of the work of operating the association.

(Editor's note: I draw a distinction between constructive work and the work that Shecter performs on impulse while circumventing his fellow board members. Shecter impulsively revisits the alleged wants and needs of the community that he has a familiar knowledge of, with little results to show for his efforts.)

A number of sources on the board report that Shecter is difficult to work with unless you share his philosophy and see the value of the projects he takes a personal interest in. I can see why.

Shecter is utterly ill suited to sit on a board of an HOA with an annual budget of over a half million dollars while having to share authority with eight other individuals. Shecter is in effect a bull in a china closet creating rifts at every twitch and turn.

(Editors note: Shecter did not respond to any of my requests to interview him on his accomplishments while in office.)

MXB Wire 2020 Voter Compass ⁙ Nancy Glascow

Nancy Glascow

background

Nancy Glascow has served one term on the board since her election in September, 2018, despite the claim appearing on her biography that she has now served two "stints" on the board. [4]

In the months leading up to her election Glascow co-authored the 2017 rental tax petition with Marty Shecter, demanding the board collect an 8% rental tax from owners, who offer their property for lease. Glascow happens to be a pine side property owner, who does not offer her property for rent. Under her plan, Glascow will be amongst the 80% of property owners, who would contribute to less than 50% of the operating budget.

Glascow's motive in co-authoring such a petition is greed. Shecter, speaking on behalf of Glascow, spells out in his letter, undated, that the objective of the tax is to "stabilize or lower the assessment". [5]

Glascow, herself, made similar statements on February 10, 2018 at an community exchange meeting. [3]

Glascow also served on the Beach Patrol prior to her service on the board.

voting record

On September 21, 2019 Glascow voted in favor of a motion initiated by Steve Larsen to reserve committee chair positions to board members. Shecter and Steve Larson were reportedly looking to remove David Taylor as chair of the beach patrol committee and install Shecter in Taylor's place.

On October 19, 2019 Glascow voted for a motion put forward by Steve Larsen to prohibit dogs on the beach, reversing an earlier decision by the board, on the grounds that dogs on the beach during the Summer season pose a health risk to children. Glascow's vote to prohibit dogs on the beach was the first such vote that broke ranks with Shecter, who she apologized to knowing how important Shecter regards the freedom to walk his dog on the beach in the morning.

Other than the one motion regarding dogs on the beach, Glascow votes in lock step with Shecter, effectively amplifying Shecter influence on the board.

accomplishments

Glascow has virtually no tangible accomplishments while serving on the board.

On her election Glascow did not volunteer to chair any committee. On the event that Mary Byrd resigned her position as chair of the social committee in May, 2020, HOA president, Margie Cyr, appointed Glascow as her replacement. Glascow is currently the chair of the social committee. The social committee has no planned events on the horizon.

Glascow organized a Fourth of July weekend competition in the 2020 Summer season. Glascow published the results of the competition on the facebook group, Middlesex Beach Community. The competition was arguably her one accomplishment.

Ironically, in her campaign biography Glascow says she has more "work" to do. [4] Presumably Glascow is referring to her advocacy for a rental tax, which she supports along side Shecter, Larson and at one time, former board member, Mike O'Mara. Other than advocating for a rental tax levied against rental properties, Glascow has not performed any tangible work that the community has actually benefitted from. Advocating a position on an ill-conceived, covenant change, involving a tax, in the context to a homeowners association is not necessarily work. Rather it is counter productive. Again, as a home owner I expect the board members to act within the laws that govern homeowners associations. A rental tax in the context of a homeowners association is a violation of the state's laws governing homeowners associations on its face. The resident lawyer, Mary Schrider-Fox, has advised the board, including Glascow, of this fact a number of times, however, Glascow is undeterred in her campaign to have someone else underwrite the cost of the operating the association. Under Glascow's plan the burden of operating the association will largely fall on ocean side rental property owners of which I am one.

criticism

Glascow was openly critical of then Beach Patrol chair, David Taylor, over the course of the board meeting held on October 19, 2019, exacerbating the dysfunction on the board and the committee chair, David Taylor. Glascow levied her criticism at a time when Marty Shecter was eyeing wresting the chair position from David Taylor. The board ultimately voted against reserving chair positions to board members, which effectively would have handed the Beach Patrol chair position to Shecter.

endorsement declined

I personally cannot endorse Glascow for a second term on the board member due to the reasons above. Glascow is one of the five board members, who perform 10% of the work of operating the association.

A number of sources on the board report Glascow as being a "nice lady, zero value added".

I cannot speak to Glascow's character as the only dialogue I ever had with Glascow happened on October 19, 2019 over the course of a board meeting when Glascow falsely accused me of digitally recording the board meeting. Perhaps Glascow was confusing me with Joe Raskaukas, who admitted to digitally recording the meeting on October 19, 2019.

Nora Alter and Amy Witcover-Sandford

Nora Alter and Amy Witcover-Sandford are reportedly both running in support of Marty Shecter's political party, e.g., the squad. Clearly, Shecter is running these two candidates in hopes of unseating incumbent candidate, Ellen Throop, who stands in opposition to Shecter, Shecter's 8% rental tax and his political party. It is likely that if elected, both candidates will follow Nancy Glascow and vote in lock step with Marty Shecter, amplifying his influence over the community to the detriment of ocean side property owners.

References