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Post by Admin on Jan 24, 2015 12:13:50 GMT -5
GTO posted: Did you take note of the maneuver pulled on membership at the BoD meeting on Jan 21st? They appointed the candidate already elected by default to the two-year term (Jade Rite) and voted her to replace the vacancy created by Alln Rss. Rss's unexpired term was only 1 year--not TWO years. (Of course, that can only have been done with Jade Rite's agreement.)
Jade Rite could have served until March 31, 2017, but with the appointment to serve out Alln Rss's unexpired term, she can only serve for 1 year until March 31, 2016.
(By the way, the 3-year term (in addition to several other unratified changes) will be cH allenged if Bylaws are submitted with the illegal 3-year term on revitalization documents. The illegality of that term has already been vetted and proven by an attorney; the ballot proposal did NOT pass.)
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Post by Admin on Jan 24, 2015 13:45:21 GMT -5
This is UNOFFICIAL Minutes of the Board meeting. No direct quotes.
Melonknee opened meeting with invocation. Alc Nttr is absent have a quorum. Alc is in hospital today per Peet Brdun. Minutes approved and Agenda approved.
President’s Report “I don’t have much but I have a little bit.”
Interrupted for Manager’s Report (posted separately).
President’s Report: Thanks. 2-year Vacated by Alln Rss I 2014 is open . Fill the open seat be taken by Jade Rite for remainder of fiscal year ending March 31 2016. Motion passed. <<clapping>>
Soft talking in background, cannot hear what is being said.
Chrly Mnc: Technology Committee: I think we spent too long in the camping show out in Tampa and he was able to relax and was able to get his mind out of the business sector ah.. so….voice falls off and speech is inaudible…
Peet says “it’s Ok give it time”
I think that based on attendance we should…(words inaudible) it just goes to prove that the way to man’s heart is through his stomach
Communication Committee – what we are discussing right now about the sign at post office where we post events changing it over to electronic and discuss future of electronic balloting a possibility and also discussions of electronic water meter reading the same way Elctc companies do it all by wireless and also the possibility of sprinkler metering for the common areas so we can get a handle on it…
(interrupted) by Manager “They are are already metered—every last one.
Mnc: They are? Shame on us. nI was unaware of that, thank you M. e. l.. The front burner item is the alarm notification system on our sewer and water systems these are safety systems so that if anything happens the systems will be shut off and we will be immediately notified. We were prepared for a price tag shock and we are continuing to talk to other contractors and are pushing very hard very hard to dot the T’s I mean cross the T’s ..uh this is infectious.
People who know me know I usually bring my soapbox with me and before I put my soapbox away I want to bring a few things to our fine owners attentions.
The next part is read from a prepared statement:
“Based on the recommendation of counsel, efforts to undergo revitalization are being pursued by an established Organizational Committee. This last step completes the steps to protect our our property values to make sure our community remains a deed-restricted community consistent with Fl statutes and applicable case law. The board has taken this step at the direction of the attorneys –and this is the important part—to fulfill their fiduciary responsibility to the membership. You are our bosses. This is being done for the membership…And I almost need my magnifying glass for this …. The board of directors desires to inform all members that this Sunday’s event is sponsored by owners of lots currently involved in litigation with the association. Both lawsuits involve the subject matter for which their attorney is purporting to speak about at the event i.e. revitalization of the community. The association understands that there is a lot of information and ideas regarding this process. The association desires to inform you that there will be an appropriate membership forum wherein the association will address the revitalization process and any questions/concerns regarding same. Please remember that in order to preserve the property values within the association, recorded restrictions are necessary. The association’s current board is working to resolve the inherent problem surrounding the Association’s documents and application of MRTA."
(Editor: the above is nearly verbatim) I’ll put my soapbox away.
Secretary’s report: 1- Jan 5th Garden Club Stated retirement, club is down to 4 members from 100. You should speak to weeds “Your growing time is short”. Signed by Mrl Kpp + garden club members <<clapping>>
2. 20 QW will be asking Polk County for a carport variance. SLohA is sending someone to the hearing to oppose this request. Urge you to attend meeting to oppose – stated by Allison 10RC-- I think we should discuss this. I am in agreement with leery that the board take the position that they object to the granting of variances to allow carports closer to the road will be a problem in the future and we should not allow that—we have water and sewer and our easements are recorded. The residents within 500 feet of the lot have the most sway and you go there an object to it and you carry the most weight.
Peet: We have to go by county setbacks. But you can go and voice your opinion and as far as board taking a stand on that I am not in favor of that. It is completely up to the county.
We have to approve or disapprove when owner submits their drawings. We do under county guidelines even if the County says owners can do it our restrictions can still block it. Board has to take a stand to protect our position. You are going to have carports come out as far as the county permits. We must protect our rights against possible encroachment by carports by adjacent homes. I wonder where it is going to end. Support taking a stand against the variance. I also support it also. I came at it from different angle—maybe I misunderstand our documents and relationship with the County; my understanding is that if our setbacks are more restrictive than the county’s, then ours supercedes the County; therefore any variance hearing does not mean one whit! Well Said. I agree with Chrly. As far as I can see, everyone is in favor or sending a letter to the County. I think it might solve a problem for the county. The drawing has to come to us first. Our documents should protect us. Who is going to write the letter? If we have something in our Minutes between M. e. l. and I we could take a letter over there and find out what we have to do to object as an Association. And the width of our roads are not real wide and these big homes are going to make carports encroach into the road. Anything else? 3- Jan 19th: Men’s club has a proposal for a cement pad under the Oaks to be used for bands to perform and for dancing. The Men’s Club will finance it for $1300. Any discussion? I think it is a great idea and an asset to the area and no cost to the Association. Might be a place to put the basketball court and use it as a basketball court but do have problem with configuration, as drawn. but they said they would withdraw the application altogether if the configuration was changed. The way they have it drawn out is it conforms to the St age but it is a hard way of doing it the potential of someone getting hurt on the St age and someone getting hurt if there are not paying attention and wanted it moved 4 feet away. So what do we want to do—table, approve—go ahead and do it. Not big enough for a basketball court it is either too far away from the basket or too close to St age. Approve it the way it is—motion passed anonymously. <clapping>
Treasurer Report:
Peet interrupts: Make a motion to approve Men’s Club to put in a concrete plan in front of the St age…what else to you want? Motion passed.
Treasurer's Report: Financials on website. Income/Expense figures given, total assets $ given, we’re in good shape. Motion: SLohA commercial insurance policy for Admin office move to renew and pay policy $2569.19 from budget insurance line-motion passed unanimously.
Election Committee: Frances Sm all. Ballots distributed and must be returned by Feb 19 and will be counted on Election Day Feb 20 and announced at the Annual Meeting on Feb 21. Thanks given to everyone.
Communications: S-bag-Then and Now was a huge success and I thank everyone.
Volunteer Appreciation Day: March 2 Coffee and Donuts
March KK will have a guest speaker on Fire Control operations division to speak about the importance of keeping lawn waste off your lot foliage trimmed on your lot over the summer.
D Brnd: Motion: Whereas existing guy wire posts for internet tower at Memorial H all needs to coincide with the 8” width shown on the as-built Engineers drawing for permitting. Move approve spending $5068 to QuakKirb from Grounds line of OB. Motion passed without discussion and unanimously.
Meeting adjourned.
Owner’s Comments Are we keeping track of all damage and vandalism on the property that could be a danger to owners? Can the apathetic majority be informed of all that is going on?
Manager: when problems are reported, it is fixed. You have to catch people in the act.
We should have community watch to keep an eye on the property.
Security Cameras should be installed and be far less than repairing damage. Unless people are seen, we cannot do anything and the money we have spent on this is a disgrace.
This is constructive criticism to Board and M. e. l. you wear the white hat on this. BOD what happened to our Workshops? During regular meetings you vote on and approve something and we are sitting out here hearing about spending money on this antenna and you don’t explain to us and we don’t have a place to speak on business I don’t like the idea of going to a meeting this Sunday because the Board has not chosen to keep us informed. Food for thought. You do good things but when it comes to a lawsuit against an association we need to know who is suing us and why. <clapping>
Sprinkler system to prevent it from coming on before, during or after rainstorms
Security cameras-are there SC in most buildings to see who went in and out of the place where damage is found.
Manager: Recording are good for 30 days.
Are they good for 5 days? Someone has to have seen the damage on the hinges.
Manager: There are none in the Memorial H all where the damage was.
One quick question: Why are we spending money on KCNet towers when we have no documentation that the Association owns them? We spent money for Engineers study and then on repair for his antennas. <<Long pause>>
D Brnd: I want to speak to that. It’s like the tile in Memorial H all that was donated to SLohA by Women’s Club. It didn’t cost us anything but we are still going to maintain it. It’s the same thing. We don’t have any record that we own it..but we do. <Lotta laughter in the background at this comment>.
The End
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Post by Admin on Jan 24, 2015 15:29:08 GMT -5
Your angle is right; HOA's may adopt lawful use restrictions--WHERE AUTHORIZED BY THE COVENANTS-- that are no less restrictive than the municipality or county in which the property is located.
The missing angle is comprehension of several key facts .
First, the Covenants are expired so the entire discussion is academic.
Second, they never authorized the Association to compel or enforce architectural restraints on private property. Therefore, where there is no authorization to compel (much less enforce) a use restriction, the conflict of superior position with county is moot.
Third, the County does not recognize a Corporation as having any interest in individual homeowner property as it relates to building and zoning variances. The only thing what has "sway" is the surrounding homeowners and expert opinion. The hearing involves professional engineering and environmental evaluation along with input from the people who might be impacted by the building/zoning deviation. What compelling interest in the private property of others, or site expertise, does the board bring to the party?
Even if and when the Covenants are revitalized in one or more subdivisions, there was never architectural oversight authorization in the Covenants--and one cannot be added after the fact. Rules are the lowest level of use restriction and cannot restrict property rights that are not already authorized in the superior document--the Covenants.
Therefore, any architectural drawing submitted to SLohA does not mean one WHIT!
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Post by Lra on Jan 25, 2015 7:42:51 GMT -5
This is UNOFFICIAL Minutes of the Board meeting. Chrly Mnc: People who know me know I usually bring my soapbox with me and before I put my soapbox away I want to bring a few things to our fine owners attentions. The next part is read from a prepared statement: …And I almost need my magnifying glass for this …. The board of directors desires to inform all members that this Sunday’s event is sponsored by owners of lots currently involved in litigation with the association. Both lawsuits involve the subject matter for which their attorney is purporting to speak about at the event i.e. revitalization of the community... The attitude and lack of respect this Board has for fellow neighbors and residents is SO evident in Chrly Mnc 's statement ( ...and I almost need my magnafying glass for this...) shows that our Board is both arrogant and ignorant. The one and only few days away from S-bag in September that Gngr and I had, we're assaulted by Chrly Mnc as we,had to call the police on him. WHY? Because he was trespassing on our private property and checking out the underside of our home. HOW DID WE KNOW THIS? Three separate eye witnesses called us to inform us of his ILLEGAL ENTRY ONTO OUR PROPERTY. Add to that that Peet Brdun got up and put on his coat and began to leave while owners' comments were being made.
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