Post by Admin on Jan 16, 2019 14:44:11 GMT -5
Here is the latest WHEREAS where the Board assumes that it has the authority to unilaterally and without a member vote, has recorded a consolidation of the individual plats for Unit 1, Unit 2 and Unit 3:
WHEREAS, the Association, through its Board of Directors desire to consolidate the remaining Covenants, as amended, currently consisting of six (6) documents, into one (1) document.
Anyone who as been around the Bag for the last 4-5 years will recall that it is the sovereignty of the three individual plats that was the problem with the first attempt at revitalization of the covenants. To refresh your memory, the LAWYERS for S-bag failed to place the ballot before the owners of each plat on its own ballot to be voted. This resulted in the necessity of starting over with a second attempt at revitalization. This caused S-bag to spend many thousands of dollars with the failed initial attempt and cost owners additional thousands of dollars for the second attempt. Not to mention it and wasted a lot of time. The S-bag Lawyers had to be schooled on this legal point during the arbitration in 2015.
The LAWYERS for S-bag are leading owners down the same road again. The proposition to consolidate the 3 units into a single unit MUST be presented to the owners on a unit by unit basis. The ballots must be specifically offered to the owners of EACH unit on its own individual ballot. Additionally, S-bag should undertake an effort to educate and inform owners about the implications of the proposal they are being asked to vote on, in order to secure informed consent. In simplest terms, each unit must agree to be absorbed into one single new Covenant.
They have done it again.
Will this change anything right now? No. But, the restated covenant, as recorded, is a falsified document because it has not presented to owners in any understandable manner and has not been discussed at any time with membership. It must be balloted and voted on by each unit. As such, it is invalid. If there is any doubt down the road during a legal dispute, it will be apparent that the lawyers have "erred" and may be very costly in damages. But, then again, S-bag will just hire them to defend the corporation. We are a cash cow and the lawyers always get paid--right or wrong. It just never ends with this group.