Another Slander...Another Lawsuit

Dick Tracy posted:

Unknown at this time.  I have stated to my attorney that my preference is to invite all non-consenting parcels into a class action suit--that would potentially be around 200 parcels.  If that is not feasible or approved by the court, my next preference is to invite all non-consenting homestead parcels into a class.  I have not yet run the database to see how many non-consenters are also homesteaded as identified by tax exemption.  (You do not need a tax exemption to be a homestead property).  He might have additional thoughts for those who gave SLohA Uninformed and/or Coerced Consent.

There is also the pending petition cH allenging the DEO's alleged faulty review of the revitalization package.  This has not yet run its course.

At this point, these kinds of decisions are way beyond my pay grade and I will rely on my attorney's recommendations going forward.  I know that he has been anticipating this lawsuit for quite awhile and trust he will point me in the right direction. 

This situation reminds me of the story of the Wizard of Oz.  The Scarecrow cannot think for himself, Tinman is a heartless robot, and the Cowardly Lion is...fearful and cowardly.  These are pivotal personality characteristics that all of us Baggers harbor in some degree.  S-bag is a fantasy paradise but has lost its Heart, Courage and Brain and must make a perilous journey to the Land of OZ to consult the Wizard.  The Wizard is a charlatan-like con artist who tricks people into believing that he is all-powerful.  The Wizard is MANBOD and its cadre of attorneys.
I am Dorothy, the protagonist, an ordinary person like you, who faces great dangers, trials, and difficulties, but is helped by some extraordinary and magical friends!  Dorothy has been swept up and away by nature's powerful forces--but only wants to go home to her family and a quiet life in Kansas.

There is something that has been troubling me regarding this whole revitalization process. As I understand it, the covenants expired several years ago. As such, those who purchased in S-bag subsequent to the expiration of the covenants are not bound by them, regardless of the status of the revitalization initiative. It is a basic rule of law that a contract must be freely entered into by both parties. One party cannot impose a contract upon another without the other person's consent. While it is true that local governments can impose use restrictions upon property owners without their consent, the legal justification for that lies in the local government's so-called "police power". A homeowners' association, on the other hand cannot claim police power because it is not a unit of government. A homeowners' association is, in fact, a private corporation.
Let me be clear - I am not in favor of a voluntary adherence to land use restrictions within S-bag nor am I in favor of S-bag being dependent upon voluntary contributions to its operating budget. But, at the same time, I, like others, am deeply concerned by the lack of transparency in how the BOD and Management administers that budget.
That's why I proposed that the SLohA be dissolved and replaced by a special taxing district under the Florida statutes, such as a sanitary district or lake improvement district. Saddlebaggers are already subject to a special taxing district. Look on your Polk County property tax bill and you will see an assessment for the fire protection district. A special taxing district actually improves S-bag's ability to enforce the assessments against owners because the assessment is part on one's property tax bill. As such, a delinquent assessment actually becomes a tax lien on the property. And tax liens take priority over all other liens and mortgages. But the other advantage is that, as a special taxing district, S-bag's financial operations would be subject to close oversight by both Polk County and the State of Florida. Financial reporting would have to conform to G.A.A.P. guidelines. Contracts let to outside vendors and contractors would have to follow the same bidletting procedures that are required of municipalities and counties. Bid solicitation would have to include the publishing of invitations to bid in newspapers-of-record. Instructions to prospective bidders on how to submit a bid must be in writing and must include information on when bids will be opened and how they will be evaluated. This would not only provide greater transparency regarding S-bag's financial operations but I am convinced it would result in more competitive bids from outside contractors and vendors.

Given the attitude of this manager, the still "cloaked" agendas of the SLohA  Board and Stmbug Ixx's attorneys high legal bills, who would want any of the above to have control over his/her property?   The more people who resist the stronger the message will be that we true Saddlebaggers have had enough.  
Our property values are not going to suffer, just our quarterly Association payments will get bigger and bigger.  After all what's a $100.00 jump per year anyway?  Add that to the $40.00 jump the year before.  My guess is that fees will be going up again next year.