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Post by Admin on Dec 31, 2013 10:28:19 GMT -5
First--the obvious. The Declarations of the 1970's have no amendatory provision. They are fixed documents. Only Articles, Bylaws and Rules can be amended. Don't take my word for it. Read for yourself; the document will soon be posted in this section. The Rules Committee will be sponsoring an AmendmentFest beginning Jan 8, 2014. Here is the insert that was included in the January 2014 S-bag Express. Use saddleviewer to sign in with password 123abc in order to enlarge the view and/or download.   |
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Post by BagLady on Dec 31, 2013 10:32:35 GMT -5
My two cents: Residents voting FOR amendments to the Covenants do so at future peril. The possibility of covenants expiration has put ALL SLohA members on notice with the May 2013 Demand Letter and the November 2013 FL-required Mediation. Litigation is imminent. The problem has been explained at a special BOD meeting and updates given regularly at BOD meetings. A special website SLR MRTA has been set up as an educational portal for interested owners to help understand the covenants issue and follow the progress of resolution. A website forum S-bag Resident Forum-Covenants has been set up with a dedicated board about the Covenants problem. This is NOT a rational time for members to attempt to amend covenants! It will solve nothing. Indeed, it will cause more confusion and complicate the uncertain authority status of SLohA’s governing documents. It will require “undoing” if Covenants are declared expired and result in prolonged and costly legal entanglements to sort out in the future. More billable hours. Members should not attempt to make changes to Covenants until the integrity of our documents and underlying authority to effect a change is judicially declared. The State of Florida provides for an orderly and efficient process to cure the documents in the event that Covenants are declared expired. It is called “revitalization” and it should be introduced into the conversation by BOD rather than trying to further complicate the situation. Owners who wish to obtain a mortgage loan on a manufactured home sited in a recreational vehicle park will reasonably be subject to additional underwriting qualifications. This is truer now than in the past, in light of the increasingly stringent guidelines affecting lenders, in general. A situation may have occurred in the past that a lender demanded an extra cost for a loan, but it is not peculiar to S-bag. Lenders have many underwriting guidelines that are specific to condos/hoas because they represent a risk factor—the Association. The “recreational vehicle” restriction is certainly an archaic restriction in our Covenants in the context of our current land use realities. But, it should be remedied at the right time—after it has been determined that SLohA’s covenants are or are not expired. If expired, a revitalization will restore SLohA’s solid legal standing with a very modest 50% affirmation of members and the amending process can proceed with confidence. Attachments:amendmentstocoves.pdf (405.46 KB)
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Anonymous Environmentalist
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Post by Anonymous Environmentalist on Dec 31, 2013 12:30:57 GMT -5
oh but wait, BagLady, what about the bod, the VP, I believe, who told an owner in the street last summer that they--the board are prepared to spend massive sums of $$$ to see that revitalization of covenants is NOT done--then said something like "...you have to think about what is best for the community..."
And, furthermore, I believe well over 50% of the residents in here do NOT even know what's going on w/regards to the covenants issue, i.e. with respect to the common grounds being expired in '07, and many homes already being expired or soon will be.
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Post by BagLady on Jan 1, 2014 9:21:24 GMT -5
The comatose 50% WILL know as soon as the Special Assessment for extravagant overspending for legal fees hits their mailbox!
Wake UP folks--reign in your board! Threatened egos are affecting business decisions and ultimately, owners will pay.
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Post by Father Justice on Jan 1, 2014 10:32:19 GMT -5
The comatose 50% WILL know as soon as the Special Assessment for extravagant overspending for legal fees hits their mailbox! Wake UP folks--reign in your board! Threatened egos are affecting business decisions and ultimately, owners will pay. It will be sadly humorous to see the "other 50%" running around like a chicken w/its head cut off trying to figure out what to do other than to listen to those at the Pool-Card Table-Shuffleboard-Tennis Courts etc. Some of us know absolutely what we are talking about and can PROVE IT . Remember, its not what you know ......ITS WHAT YOU CAN PROVE . |
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