Post by Admin on Oct 14, 2013 19:39:13 GMT -5
Cross-posted from AnonNews
April 11, 2013
The initial version of the Rules Committee was set up in Spring 2012 where it was envisioned as "part of" the comprehensive Redbook update to make it conform to FS720. It was also recognized that many rules had been recorded by past Boards without the required 50% affirmative vote of the membership, a violation of our own governing documents. It was thought that these could be validated and that old, out of date rules could be recommended to be voted out as well as new ones be voted in....a substantial housecleaning to start fresh with an accurate and up to date Rules & Regulations base. Nice idea!
We should bear in mind that although the Redbook specifies owners must vote on rules and pass by a 50% affirmative vote, that the Redbook also provides for NO fines to be levied. That question has come up several times over the years, placed on the ballot, and been defeated each time. Clearly, membership does not want its HOA to change its covenants to provide for fining for rules violations.
In place of Covenants, insert the word "Contract" which is the essential quality of the legal promises made by SLohA and Owners.
Like most Committees in SLohA, the Rules Committee faded away, along with the Redbook Committee and the Lake Committee and the short-lived Annex Committee. SLohA has a long-standing history of exclusion of members in its business; Committees have always been considered unnecessary and intrusive.
It is unknown what input the Redbook Committee had on the larger issue of the Rules, Restrictions and Covenants which had long ago expired on common properties and many parcels in SLohA. Seems that the Covenants expiration presented much bigger fish to fry... Obviously, BOD paid big bucks to some Orlando attorney to give advice on how to handle extinguished covenants and was advised to record a Notice of Preservation required by MRTA FS Statute 712 (More on that under the Threat "Covenants")
The Current incarnation of the Rules Committee is a state-mandated committee more accurately named an Arbitration Committee. There are very few rules governing this Committee--thank you Florida! It must have a least 3 (non-Board) members appointed by the Board and it must face an alleged Rule violator who has already been fined by BOD. The Committee cannot levy fines; it can uphold fines or strike fines! The Committee is not required to take any educational training on the subject of arbitration and members are not required to demonstrate any skills in arbitration.
Importantly, the Members of the committee can (and no doubt will) be named on a Sm all Claims court action or a civil action, along with Management and Bod members..but they do not have the protection of have Directors and Officers Indemnification insurance coverage! The Committee members are on their own with regard to defending their actions in a dispute between HOA and owner!
If I were on the Committee, the FIRST thing I would do is demand a written Rider to the insurance policy protecting me against legal action brought by an owner. Failing a specific Rider covering my activities as a member of the Committee, I would resign.
______________________________________________________________
Of course the board-appointed members of the Hate ...uh I mean Violations Committee are cronies of the DOB and Management. This is IT's attempt to gain control; which she already has complete dominion over the Board. Now IT is aiming at owners--specific owners.
Could one even imagine a knowledgeable, impartial and well-trained group in the "art" of arbitration in such a hateful and oppressive environment?
Could it be otherwise in SLR?
_________________________________________________________-
April 25, 2013
Reports are rampant that IT is recruiting "spies" to patrol the driving range and BOLO (Be on Look Out) for Dangerous Doggie DooDoo Desparados.
___________________________________________________________________
May 6, 2013
It is known that certain owners have been recruited to "spy" on other owners and report "rules infractions" to IT. Many sane owners know that this is a misguided mission and they must live in here with their neighbors and politely decline to participate in IT's vision.
Others, for unknown reasons, seem to think it is OK to be a mindless lackey puppet soldier for IT and approach owners to complain of a "rules" infraction. One such owner, when asked by what authority he was attempting to control an owner's behavior, stated that he was doing it "on behalf of his boss".
Any bona fide law officer would strongly advise citizens to NOT approach or cH allenge another citizen they observed breaking the law! They tell you to call for law enforcement--not to approach or cH allenge. We have already had a horrible situation in Florida where a so-called citizen enforcer got his HOA into a heap 'o trouble for failing to report a suspected situation to the police and took matters into his own unauthorized and untrained hands!
Do we need a Management Company that encourages these sorts of encounters? How long until WE make the news because tempers flare out of control and a tragedy occurs? What is going on with these people who encourage inflammatory encounters among neighbors?
____________________________________________________________________
April 11, 2013
The initial version of the Rules Committee was set up in Spring 2012 where it was envisioned as "part of" the comprehensive Redbook update to make it conform to FS720. It was also recognized that many rules had been recorded by past Boards without the required 50% affirmative vote of the membership, a violation of our own governing documents. It was thought that these could be validated and that old, out of date rules could be recommended to be voted out as well as new ones be voted in....a substantial housecleaning to start fresh with an accurate and up to date Rules & Regulations base. Nice idea!
We should bear in mind that although the Redbook specifies owners must vote on rules and pass by a 50% affirmative vote, that the Redbook also provides for NO fines to be levied. That question has come up several times over the years, placed on the ballot, and been defeated each time. Clearly, membership does not want its HOA to change its covenants to provide for fining for rules violations.
In place of Covenants, insert the word "Contract" which is the essential quality of the legal promises made by SLohA and Owners.
Like most Committees in SLohA, the Rules Committee faded away, along with the Redbook Committee and the Lake Committee and the short-lived Annex Committee. SLohA has a long-standing history of exclusion of members in its business; Committees have always been considered unnecessary and intrusive.
It is unknown what input the Redbook Committee had on the larger issue of the Rules, Restrictions and Covenants which had long ago expired on common properties and many parcels in SLohA. Seems that the Covenants expiration presented much bigger fish to fry... Obviously, BOD paid big bucks to some Orlando attorney to give advice on how to handle extinguished covenants and was advised to record a Notice of Preservation required by MRTA FS Statute 712 (More on that under the Threat "Covenants")
The Current incarnation of the Rules Committee is a state-mandated committee more accurately named an Arbitration Committee. There are very few rules governing this Committee--thank you Florida! It must have a least 3 (non-Board) members appointed by the Board and it must face an alleged Rule violator who has already been fined by BOD. The Committee cannot levy fines; it can uphold fines or strike fines! The Committee is not required to take any educational training on the subject of arbitration and members are not required to demonstrate any skills in arbitration.
Importantly, the Members of the committee can (and no doubt will) be named on a Sm all Claims court action or a civil action, along with Management and Bod members..but they do not have the protection of have Directors and Officers Indemnification insurance coverage! The Committee members are on their own with regard to defending their actions in a dispute between HOA and owner!
If I were on the Committee, the FIRST thing I would do is demand a written Rider to the insurance policy protecting me against legal action brought by an owner. Failing a specific Rider covering my activities as a member of the Committee, I would resign.
______________________________________________________________
Of course the board-appointed members of the Hate ...uh I mean Violations Committee are cronies of the DOB and Management. This is IT's attempt to gain control; which she already has complete dominion over the Board. Now IT is aiming at owners--specific owners.
Could one even imagine a knowledgeable, impartial and well-trained group in the "art" of arbitration in such a hateful and oppressive environment?
Could it be otherwise in SLR?
_________________________________________________________-
April 25, 2013
Reports are rampant that IT is recruiting "spies" to patrol the driving range and BOLO (Be on Look Out) for Dangerous Doggie DooDoo Desparados.
___________________________________________________________________
May 6, 2013
It is known that certain owners have been recruited to "spy" on other owners and report "rules infractions" to IT. Many sane owners know that this is a misguided mission and they must live in here with their neighbors and politely decline to participate in IT's vision.
Others, for unknown reasons, seem to think it is OK to be a mindless lackey puppet soldier for IT and approach owners to complain of a "rules" infraction. One such owner, when asked by what authority he was attempting to control an owner's behavior, stated that he was doing it "on behalf of his boss".
Any bona fide law officer would strongly advise citizens to NOT approach or cH allenge another citizen they observed breaking the law! They tell you to call for law enforcement--not to approach or cH allenge. We have already had a horrible situation in Florida where a so-called citizen enforcer got his HOA into a heap 'o trouble for failing to report a suspected situation to the police and took matters into his own unauthorized and untrained hands!
Do we need a Management Company that encourages these sorts of encounters? How long until WE make the news because tempers flare out of control and a tragedy occurs? What is going on with these people who encourage inflammatory encounters among neighbors?
____________________________________________________________________