Post by Admin on Jul 21, 2014 17:34:50 GMT -5
I traced one of the SLohA rules--not one of the ones that was falsified in 2014 (there were several) but one which SLohA wants to assert enforcement privileges over on a parcel whose Covenants (and thus Rules) were expired before the lot was even purchased.
This is the historical anatomy of Regulation 1 entitled "Administration" and a brief discussion of Regulation 4-4G "Porches" and 4-4B.1 (referred to in 4-4G) Permanent Unit Architectural Rules Required Measurements. I did this because the Rule on Porches is not sufficiently written, in my opinion, to support a lawsuit for "injunctive relief" against any lot--even a covenanted one!
Here is the Porches Rule:
Editor Note: GREEN was added by MANBOD without owner approval. RED with strikethru was deleted by MANBOD without owner approval. This means MANBOD Falsified an Official Document! The red deletion is particularly interesting considering that it provided that only enclosed areas cannot exceed the 48' length limitation. That suggests that an un-enclosed area can exceed 48' x 24'.
Another problem with Porches is that it is written as a compound sentence; each one is an independent provision connected by "and". Thus, one can put a period at the end each part of the sentence i.e. "Porches are permitted." The second part stands as a second independent provision i.e. "Porches may be enclosed only if it is included in the overall measurement of twenty-four (24) feet by forty-eight (48) feet as set forth in Regulation 4-4B.1" The second part of the rule addresses and qualifies a subset of Porches i.e. enclosed porches. This is an example of a poorly-written rule.
Here is the Regulation 1 "ADMINISTRATION" under a "preamble" to the Rules, setting forth several definitions:
These preamble to the rules was never approved by the membership. Indeed, it is very difficult to know what rules or rule parts were lawfully adopted without going back to the Ballots of the Annual Meetings. Here is the history of Regulation 1:
FIRST appearance was Jan 14, 1977 recorded 1983 "ADMINISTRATION": Rule 1-3 (No title) Requires NEW owners to register at the Admin office before occupying the campsite. There is no "preamble" section with any Definitions of various terms.
In 1992, all rules under Regulation 1 ADMINISTRATION disappeared except 1.7 entitled "Solicitation".
In 1994, Regulation 1 ADMINISTRATION completely disappeared.
Rule 1-3 returned in 1995 entitled "Owner Registration".
1997 Regulation 1 disappeared entirely.
1998 Again--no Regulation 1
1999 Again--no Regulation 1
2003 >>>Here comes yet another set of R & R's Regulation 1-3 "Owner's Registration" was resurrected from 1995 (probably without owner approval.)
2006 >>> Whoops! Easy Come-Easy Go--Regulation 1 disappeared from the next recorded set of rules!
The re-appearance of the Porches definition under Reg 1 came in 2008 without owner approval. The definition is not a Rule; it was a preamble to the Rules--a group of five definitions of terms apparently intended to qualify the Rules on decks, landings, porches, HUD and four wall construction. You cannot do that--adopt a Rule and then independently add definitions which change it. Rule 1-3 remained as "Owner Registration" and, according to the Official Record, was never balloted and adopted by due process.
Here are the Minutes of the 2008 Ballot Results where Rules were amended:
Ratification of the Amendment of the Rules and Regulations:
3-2 Site Usage: For - 522 - Against - 82 - Abstained - 15
3-3 Aid System: For - 506 - Against - 90 - Abstained - 23
3-3 Emergency System: For - 491 - Against - 113 - Abstained - 15
3-3 Tampering with Resort Equipment: For - 532 - Against - 74 - Abstained - 13
3-8E Traffic: For - 466 - Against - 143 - Abstained 10
4-3A Front Setback: For - 421 - Against - 180 - Abstained - 18
4-3C Unit Location and Prints: For - 393 - Against - 205 - Abstained - 21
4-4B1 Required Measurements: For - 461 - Against - 143 - Abstained - 15
4-4C Paved Area: For - 480 - Against - 120 - Abstained - 19
4-4G2 Decks: For - 497 - Against - 107 - Abstained - 15
4-41 Storage Structure on Lot: For - 479 - Against - 120 - Abstained - 20
4-6A Miscellaneous: For - 441 - Against - 157 - Abstained - 21
4-6D Garbage and electrical Stumps: For - 520 - Against - 86 - Abstained - 13
5-7 Boats: For - 517 - Against - 82 - Abstained - 20
6-7C Utilities: For- 459 - Against - 143 - Abstained - 17
One would still need to see the Ballot materials to know the wording of the Rules amended above and if proper notice was given to Owners. Note that no Rule under Regulation 1 "Administration" was even voted on!
Due to the continuing proliferation of mistakes characterized by unexplained and perplexing disappearances, deletions and additions, an Owner wrote to the BOD and asked it to explain the deviations in the 2014 revision. The Rulebook Committee--NOT the BOD--replied to the Owner's letter on plain white paper with NO copy to the BOD. It acknowledged rule irregularities and indicated it was helpless to identify why these mistakes occurred and offered no further inquiry or remedy. It failed to specifically address the provided examples of several blatant ADDITION/ DELETIONS of words and sentences in the 2014 revision.
SLohA's falsification of the now-Pinkbook casts a shadow over ALL the Rules and any dispute will undoubtedly require documentary and procedural validation of the rule adoption. SLohA's history of Rulebook "errors" is unbelievable!
And, unfortunately, the errors are not limited to Rules.
This is the historical anatomy of Regulation 1 entitled "Administration" and a brief discussion of Regulation 4-4G "Porches" and 4-4B.1 (referred to in 4-4G) Permanent Unit Architectural Rules Required Measurements. I did this because the Rule on Porches is not sufficiently written, in my opinion, to support a lawsuit for "injunctive relief" against any lot--even a covenanted one!
Here is the Porches Rule:
PORCHES
4-4G.1) Porches are permitted and may be enclosed only if it is included in the overall measurement of twenty-four (24) feet by forty-eight (48) feet as set forth in Regulation 4-4B.1.
PERMANENT UNIT ARCHITECTURAL RULES REQUIRED MEASUREMENTS
4-4B .1) All structures entering the Resort sH all be measured and approved by an authorized representative of the Board of Directors. Any plans to alter or add on to an existing structure must obtain the same approval and a building permit. The maximum length is forty-eight (48) feet with a tolerance of three (3) inches and the maximum width is twenty-four (24) feet with a tolerance of three (3) inches. No other areas beyond the aforesaid forty-eight (48) feet by twenty-four (24) feet limitation may be enclosed except for gazebos as provide in Regulation 4-4F. This is subject to meeting requirements set forth in Regulation 4-3 A and 4-3B. Bay and bow windows are included in the length and width dimensions. Any overhangs of the roof (front, rear, or sides) are not included in the length and width dimensions. The physical condition and type of structure must conform to the general appearance of the Resort. The interior floor plan of the unit is up to the owner(s) as long as the plan adheres to all State and County building codes. A deck meeting the requirements of Regulation 4-4G2 may also be included in addition to the above measurements. The site must comply with Setback Regulations 4-3Aand 4-3B. No one will be permitted to have more than 1200 square feet of living space.
4-4G.1) Porches are permitted and may be enclosed only if it is included in the overall measurement of twenty-four (24) feet by forty-eight (48) feet as set forth in Regulation 4-4B.1.
PERMANENT UNIT ARCHITECTURAL RULES REQUIRED MEASUREMENTS
4-4B .1) All structures entering the Resort sH all be measured and approved by an authorized representative of the Board of Directors. Any plans to alter or add on to an existing structure must obtain the same approval and a building permit. The maximum length is forty-eight (48) feet with a tolerance of three (3) inches and the maximum width is twenty-four (24) feet with a tolerance of three (3) inches.
Another problem with Porches is that it is written as a compound sentence; each one is an independent provision connected by "and". Thus, one can put a period at the end each part of the sentence i.e. "Porches are permitted." The second part stands as a second independent provision i.e. "Porches may be enclosed only if it is included in the overall measurement of twenty-four (24) feet by forty-eight (48) feet as set forth in Regulation 4-4B.1" The second part of the rule addresses and qualifies a subset of Porches i.e. enclosed porches. This is an example of a poorly-written rule.
Here is the Regulation 1 "ADMINISTRATION" under a "preamble" to the Rules, setting forth several definitions:
(3) "Porch" means an opening within the twenty-four (24) feet by forty-eight (48) feet dimensions of living space. A "porch" can be on any side of the home and may be enclosed.
These preamble to the rules was never approved by the membership. Indeed, it is very difficult to know what rules or rule parts were lawfully adopted without going back to the Ballots of the Annual Meetings. Here is the history of Regulation 1:
FIRST appearance was Jan 14, 1977 recorded 1983 "ADMINISTRATION": Rule 1-3 (No title) Requires NEW owners to register at the Admin office before occupying the campsite. There is no "preamble" section with any Definitions of various terms.
In 1992, all rules under Regulation 1 ADMINISTRATION disappeared except 1.7 entitled "Solicitation".
In 1994, Regulation 1 ADMINISTRATION completely disappeared.
Rule 1-3 returned in 1995 entitled "Owner Registration".
1997 Regulation 1 disappeared entirely.
1998 Again--no Regulation 1
1999 Again--no Regulation 1
2003 >>>Here comes yet another set of R & R's Regulation 1-3 "Owner's Registration" was resurrected from 1995 (probably without owner approval.)
2006 >>> Whoops! Easy Come-Easy Go--Regulation 1 disappeared from the next recorded set of rules!
The re-appearance of the Porches definition under Reg 1 came in 2008 without owner approval. The definition is not a Rule; it was a preamble to the Rules--a group of five definitions of terms apparently intended to qualify the Rules on decks, landings, porches, HUD and four wall construction. You cannot do that--adopt a Rule and then independently add definitions which change it. Rule 1-3 remained as "Owner Registration" and, according to the Official Record, was never balloted and adopted by due process.
Here are the Minutes of the 2008 Ballot Results where Rules were amended:
Ratification of the Amendment of the Rules and Regulations:
3-2 Site Usage: For - 522 - Against - 82 - Abstained - 15
3-3 Aid System: For - 506 - Against - 90 - Abstained - 23
3-3 Emergency System: For - 491 - Against - 113 - Abstained - 15
3-3 Tampering with Resort Equipment: For - 532 - Against - 74 - Abstained - 13
3-8E Traffic: For - 466 - Against - 143 - Abstained 10
4-3A Front Setback: For - 421 - Against - 180 - Abstained - 18
4-3C Unit Location and Prints: For - 393 - Against - 205 - Abstained - 21
4-4B1 Required Measurements: For - 461 - Against - 143 - Abstained - 15
4-4C Paved Area: For - 480 - Against - 120 - Abstained - 19
4-4G2 Decks: For - 497 - Against - 107 - Abstained - 15
4-41 Storage Structure on Lot: For - 479 - Against - 120 - Abstained - 20
4-6A Miscellaneous: For - 441 - Against - 157 - Abstained - 21
4-6D Garbage and electrical Stumps: For - 520 - Against - 86 - Abstained - 13
5-7 Boats: For - 517 - Against - 82 - Abstained - 20
6-7C Utilities: For- 459 - Against - 143 - Abstained - 17
One would still need to see the Ballot materials to know the wording of the Rules amended above and if proper notice was given to Owners. Note that no Rule under Regulation 1 "Administration" was even voted on!
Due to the continuing proliferation of mistakes characterized by unexplained and perplexing disappearances, deletions and additions, an Owner wrote to the BOD and asked it to explain the deviations in the 2014 revision. The Rulebook Committee--NOT the BOD--replied to the Owner's letter on plain white paper with NO copy to the BOD. It acknowledged rule irregularities and indicated it was helpless to identify why these mistakes occurred and offered no further inquiry or remedy. It failed to specifically address the provided examples of several blatant ADDITION/ DELETIONS of words and sentences in the 2014 revision.
SLohA's falsification of the now-Pinkbook casts a shadow over ALL the Rules and any dispute will undoubtedly require documentary and procedural validation of the rule adoption. SLohA's history of Rulebook "errors" is unbelievable!
And, unfortunately, the errors are not limited to Rules.
