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Post by JMO on Jan 20, 2014 7:45:03 GMT -5
Just My Opinion but I wouldn't want to be revitalized with new CC&Rs . I also refuse to PRETEND that the old ones are in effect , just short of keeping the lights on and the water flowing .
I feel year 'round Homesteaders should just pay the basics and let the Snowbirds and Renters pick up the rest .
Us Homesteaders will do our best to keep the BOD/Manager honest as best we can but that a big job these days and we would require some form of repayment for watching over our community while others are home in another place .
Checker board time !
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Post by BagLady on Jan 20, 2014 8:15:20 GMT -5
Hey just to throw another monkey wrench into the works--for FUN--since we are pretending...
My attorney pointed out to me the other day during our meeting that our Covenants have no provision for an ALL PLAT cumulative release (much less amendment) from the contract. We are actually THREE separate and discrete neighborhoods in SLR--Plats 1, II and III. The Covenants provide for release of lots within each plat with a 75% affirmative vote WITHIN each plat. Each plat has its own Covenants. Each plat must choose to release lots within its own Plat with a 75% affirmative. The ballot must be separate for each Plat--not combined. This makes our entire Ballot bogus since it tries to be an "all-plat" consensus. But, we are pretending for the time being...
(Reminder: There are no amendatory provisions in any of the 3 Plat Covenants. Any subsequent amendments are, therefore "void Ab Initio"--a fancy latin lawyerly word that means that it was wrong from the beginning so anything that came later is wrong. Or the lawyer might write: "The illegality of the conduct or the revelation of the real facts makes the entire situation illegal ab initio (from the beginning), not just from the time the wrongful behavior occurs.")
However, this unacknowledged fact should be forbidden BOD reading or it might blow their minds!
Don't believe me--read the Covenants and Ask An Attorney to translate!
We should revitalize in here just to get a fresh start--most things done past the original Covenants is probably junk.
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Post by Father Justice on Jan 20, 2014 8:51:32 GMT -5
Hey just to throw another monkey wrench into the works--for FUN--since we are pretending... My attorney pointed out to me the other day during our meeting that our Covenants have no provision for an ALL PLAT cumulative release (much less amendment) from the contract. We are actually THREE separate and discrete neighborhoods in SLR--Plats 1, II and III. The Covenants provide for release of lots within each plat with a 75% affirmative vote WITHIN each plat. Each plat has its own Covenants. Each plat must choose to release lots within its own Plat with a 75% affirmative. The ballot must be separate for each Plat--not combined. This makes our entire Ballot bogus since it tries to be an "all-plat" consensus. But, we are pretending for the time being... (Reminder: There are no amendatory provisions in any of the 3 Plat Covenants. Any subsequent amendments are, therefore "void Ab Initio"--a fancy latin lawyerly word that means that it was wrong from the beginning so anything that came later is wrong. Or the lawyer might write: "The illegality of the conduct or the revelation of the real facts makes the entire situation illegal ab initio (from the beginning), not just from the time the wrongful behavior occurs.") However, this unacknowledged fact should be forbidden BOD reading or it might blow their minds! Don't believe me--read the Covenants and Ask An Attorney to translate! We should revitalize in here just to get a fresh start--most things done past the original Covenants is probably junk. I would say that MAN-BODs Bullshite is FINITIO ! |
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Post by justmeme on Dec 16, 2014 19:33:10 GMT -5
If the board is going to talk about revitalizing, then they must admit the covenants have expired.
If they have expired.then the manager or the board have no jurisdiction over us anymore,
no more permission slips
no more,paint your stumps
no more threats or intimidation......The list just goes on...We will be freeeeeeeeee
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GTO
Addict
Life is Tough ! It's even tougher when you're stupid ! Jhn Wayne J ohn Wayne
Posts: 198
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Post by GTO on Dec 16, 2014 21:42:17 GMT -5
Revitalization is on the agenda, at December's SLR BOD Meeting on Wednesday the 17th. D ee B. is bringing it up. Now this could be very interesting. See Ya at The Mtg.
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Post by pestcontrol1 on Dec 17, 2014 6:48:10 GMT -5
Don't get too excited. This is the lawyer's idea of how to extend the lawsuit and earn more money for themselves. See, if they bring up the issue, then the Board can make it look like THEIR idea and not that they were forced to face reality.
What a Web we do weave when at first we do deceive.
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Post by Admin on Dec 17, 2014 8:28:38 GMT -5
I will be attending and recording the meeting and will transcribe the comments as soon as possible.
I have great doubts that there is genuine motive to resolve the issue because...the answer to the Initial Interrogatories of my lawsuit were just filed in the public record yesterday. And...
... SLohA denied EVERY SINGLE ELEMENT of my complaint except ONE--SLohA admitted that I own this property!
In my mind, it would be inconsistent to Deny, Deny and Deny some more and turn around the next day and ADMIT the covenants were expired. I smell a rat! We sH all see.
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Post by Admin on Dec 17, 2014 11:41:53 GMT -5
At the BOD meeting of Dec 17, 2014, several board directors spoke to the covenants expiration issue and tacitly admitted the covenants were expired; a tacit admission in law is defined as an Implied Admission.
The Board announced that a Revitalization Committee has already been formed, a chairman assigned and the revitalization process is going forward. This is an implied admission that the covenants are expired.
The board effectively dodged 'n weaved around discussing details, and presumably relied on a scripted statement from the attorneys. Questions from members after the meeting were met with stunned looks and did nothing to enlighten anyone.
The board postured this action as a STRATEGY recommendation from the attorneys. It was further described in a somewhat agitated fashion as to be another instance of Federal and State government sticking their noses into business. The purpose of MRTA was denigrated as having "no value" and a scheme undertaken by "southerners". (In fact, most states have adopted some version of MRTA.) It was minimized as an exercise in paperwork that would let the covenants and rules exist for another 30 years. There was some reference to changing law at the legislative level but the original 1963 law has not changed in many, many years and added only one provision in 2014 which is just a paperwork provision; here is a summary:
It is hard to know what that statement alluded to.
A couple things were pretty clear; first, the board has little understanding of MRTA and/or is unable to communicate it to others. Second, the board has been told that voluntarily undertaking a revitalization of covenants is a legal strategy that they must take.
What does this mean to members? It is a BIG DEAL. But, it will not "cure" the pending lawsuits; it could drag them out even longer and at greater cost. If membership passes the revitalization, it does not apply automatically to homesteaded properties, so SLohA may end up with 2 associations: one mandatory and one voluntary--possibly with different assessment fees.
Members should be aware that discussion is underway to hold a special invitation meeting to be conducted by the attorney for the two owners with pending lawsuits. It should be remembered that the BOARD provoked the 2nd lawsuit for which the primary defense is...MRTA.
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Post by Lra on Dec 17, 2014 13:57:42 GMT -5
Adding to the whole history of this current SLohA BOARD is that there is NO information prior to their "in house" decision making. Were YOU asked to be on the committee to revitalize the Covenants? NO WAY. Only their priviledged, private friends were asked. Not a cross - Section of Saddlebaggers.
Get it right, all of us are considered second class citizens in a community that we supposedly own.
Elections are coming up soon. And guess who is afraid of change. YOU GOT IT!!! The Board as they are now having their three members who declared at the October Board meeting that they would be stepping down are now running again.
Want 3 more years of hidden agendas, neighbors pitted against neighbors, higher legal fees? The three C ' s must go---clif, Chrly, and Chrls.
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Post by courious on Dec 17, 2014 16:15:41 GMT -5
YES. YES. Must follow attorney's advise to extend current lawsuits. More money for attorneys. Higher fees for residents. Fight. Fight. Fight. We need more hate and less love here at S-bag Lake Resort.
Watch the new revised Covenants to come with fines and foreclosures. Pit neighbor against neighbor. That's why some of us selling.
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Post by Alaska HEMI R/T Jm Admin. on Dec 17, 2014 19:43:39 GMT -5
YES. YES. Must follow attorney's advise to extend current lawsuits. More money for attorneys. Higher fees for residents. Fight. Fight. Fight. We need more hate and less love here at S-bag Lake Resort.
Watch the new revised Covenants to come with fines and foreclosures. Pit neighbor against neighbor. That's why some of us selling.
Maybe we could spend some $ on a new sign that reads: The Unfriendliest Resort in Florida! |
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GTO
Addict
Life is Tough ! It's even tougher when you're stupid ! Jhn Wayne J ohn Wayne
Posts: 198
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Post by GTO on Dec 17, 2014 22:42:48 GMT -5
I truly believe the present BODs are 2/3 years behind on knowledge about MRTA & Revitalization. Most HOA Attorneys do not have a full understanding of all things about MRTA.
Below is a Quote from Peet and Alc, at todays BOD Meeting;
"Peet: I don’t know what to tell you. We were forced to do this." " Nttr: Revitalization means the rules are clean and can go forward for 30 years."
What are they talking about? The definition of; "Revitalization Means the Rules are Clean and can go forward for 30 years."
Sorry, but they do not have a clue, about Florida HOA/Condo Statues and the history of MRTA. Plus what a joke, BOD stating to members, revitalization is only a strategy.
Good Luck Guys! But, half measures will get you nowhere!
" Please Vote for New Faces on SLohA's Board of Directors" Change is Needed !!! |
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Post by Admin on Dec 18, 2014 6:59:16 GMT -5
courious posted:
The Covenants are to be revitalized--i.e. brought back from the dead. SLohA is going to attempt to get the silent hearts to start beating again--stents cannot be placed, valves cannot be repaired, vessels cannot be grafted, you can't implant a pacemaker! It must be exactly like the Developer started in the 70's. And it will be relevant to a campground for another 30 years because the heart cannot be transplanted with a new one under a revitalization!
*There can be NO modification to the ORIGINAL Covenants--THREE of them. There will be THREE revitalizations. There should be a separate organizing committee for each of the Covenants--with a rep from each subdivision to pull things together--and that would make the job much easier. But Noooooo--this privileged bunch chose appropriately with some of the organizers but most choices were poor. And, they provided for NO input by the members, as usual.
*State of Florida permits an amendatory provision to be added if one was absent from the original--which is the case with SLohA. To go along with an amendatory provision, the state provides for a 2/3 affirmative voting threshold to amend.
What these actions (and others) suggests to me is that something is going on other than a true desire to revitalize. This is looking like a Dog 'n Pony Show for the benefit of a strategy suggested by the lawyers. My gut is that the insurance company's lawyers must find a way to solve the covenants problem in the long term and SLR may be the test tube. This is based on observation: BOD publicly disparaged the MRTA law in yesterday's meeting and minimized the significance of the revitalization effort. Additionally, it is not providing appropriate information (Dbag referred owner to FS720. This is the "process statute" the "how to"--not the law) and excluding members from knowledgable participation (forming a secret Organizing Committee "out of the sunshine"). I suspect that Revitalization is a strategic vehicle--a faux revitalization or sorts--and not a pure goal. I hope I am wrong.
Once again, SLohA coffers are being used to provide a training ground--first to train an unseasoned Management Company and unlicensed Manager--and now for the benefit of lawyers attempting to find a fee-generating strategy in the coming climate of disintegration of deed-restricted communities due to MRTA. Without the authority given to Boards via Covenants, MONEY--the lifeblood of lawyers--dries up. The lawyers MUST solve the "big picture" problem!
The good news is for the homesteaders. If there is a successful revitalization, homesteaders may choose to either voluntarily re-encumber their property with these old covenants/rules--or they can opt out and keep their property clear.
As of the announcement yesterday, the present Covenants are not applicable and member parcels are governed only by municipal, county, state and federal statutes and common law. Maybe people will discover that the sky is not going to fall--that 7 out of 8 homes in this country are governed in this manner and still have market value and have happy people in neighborhoods!
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Post by Admin on Dec 18, 2014 7:27:50 GMT -5
The announcement of the Board at its board meeting on December 17, 2014 was that an Organizing Committee had been set up to begin the process of revitalizing SLohA's Covenants. This was positioned as a "strategy" for handling the pending MRTA lawsuits.
Here is a cross-post from BOD Meetings:
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gusto
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"A Friend of Bill W."
Posts: 117
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Post by gusto on Dec 18, 2014 11:07:15 GMT -5
Question? I do not see any Money in the current Budget for expenses related to Revitalization, this strategy decision to make changes, must have come after the approve proposed Budget. How much will it cost SLohA to attempt to Revitalize? Will a special assessment be needed?
This procedure was suggested 2 years ago, but it fell on death ears. Our present BODs have wasted our Monies Big Time... A common practice in Florida, is some HOA Attorneys being associated with discount fees to Management. The winners, Law Firms, the losers, us.
And this could have all been avoided, with a little bit of common sense from our leaders, but they let their Egos get in the way. The Spin our Board is now putting on this Revitalization, is coming from The Spin Doctor! Some SLR Owners tried to tell this group what was needed, but they had tunnel vision.
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Post by slanty on Dec 18, 2014 12:37:02 GMT -5
Question? I do not see any Money in the current Budget for expenses related to Revitalization, this strategy decision to make changes, must have come after the approve proposed Budget. How much will it cost SLohA to attempt to Revitalize? Will a special assessment be needed? This procedure was suggested 2 years ago, but it fell on deaf ears. Our present BODs have wasted our Monies Big Time... A common practice in Florida, is some HOA Attorneys being associated with discount fees to Management. The winners, Law Firms, the losers, us. And this could have all been avoided, with a little bit of common sense from our leaders, but they let their Egos get in the way. The Spin our Board is now putting on this Revitalization, is coming from The Spin Doctor! Some SLR Owners tried to tell this group what was needed, but they had tunnel vision. Well stated. Going with this is the fact that TOWER HILL attorneys have been served with 4 additional lawsuits against other HOA'S by the same attorney (Frd O'N eel (Attny)) who is doing the counter - suit against SLohA originating from the initial suit filed by SLohA against 66 Silversides.So here we are. SLohA footing the legal bills to help TOWER HILL know where they will stand with future lawsuits.I can see SPECIAL ASSESSMENT FEES written all over this.
I bet not one member of our Board knew that the deep pockets of SLohA were being used in this flimsy legal "strategy". |
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Post by Admin on Dec 18, 2014 16:26:39 GMT -5
I also suspect SLohA is financing a test strategy for the insurance company. The way this was postured by the Board was very sudden and failed to do what normally would have been done in any community facing the expiration of the Covenants. The Committee was formed behind closed doors with people "on the inside". The non-privileged are being kept in the dark. There was NO preparation for this; it came from a decision on how to handle lawsuits--not for the benefit of owners whose property rights have been damaged by this board.
Attorney Jean Winters states:
The expiration of covenants is a massively significant event for SLohA. The board has handled this pitifully. The board has no more statutory authority over anything--the rules are nonexistent--and the owners are now at the mercy of a bunch of people who have willfully degraded our community by permitting a flagrant breach of the covenant against commercial enterprise! What can be expected from a group willing to damage the members' property interest in such a way? They are signing checks and entering into contracts for which YOU are now responsible to pay for!
SLohA is currently governed only as a corporation under FS617. There is no more protection available from the Homeowner Association Act FS720. Done. Kaput.
There is NO remaining authority for the board to levy a special assessment because the Covenants are expired and the authority to levy a special assessment lies in the Covenants. Even if there were a levy authority, the Corporation cannot do it for this purpose; per the Bylaws, a special assessment can only be levied for repair or replacement of infrastructure and not for such discretionary service expenditures unrelated to amenities. If SLohA cannot pay its legal fees, the attorneys will S u e SLohA and capture assets if necessary to get paid.
You may be paying GaGaKnees & Brown, Esq. one day for admission to the pool.
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Post by pestcontrol on Dec 18, 2014 21:50:22 GMT -5
I am posting this as a major alert to ALL S-bag LAKE RESORT OWNERS. It is VITAL INFORMATION.
You have the right and the obligation to research out your PROPERTY TITLE through Polk County. Within this Forum is the how-to. When you realize that on almost 86% of the properties the Covenants had expired prior to the Board's announcement on December 17, 2014, then ask yourself why are these 86% paying legal fees for 14% of the property owners who will have to follow the new "revitalized Covenants"?
Determine now where you interest lies. Great harm is being imposed on property owners without their consent. Your pocket book will be literally opened up and emptied out.
This SLohA BOARD WILL BE SUED for lack of FIDUCIARY RESPONSIBILITY. LITIGATION WILL BE BROUGHT FORTH AND EACH BOARD MEMBER CAN AND WILL BE SUED BOTH collectively AND INDIVIDUALLY.
Lies are going to start coming forward to you at a rapid pace from misinformed Board members and their supporters. Do not let yourself or your neighbors be victims of wayward thinking. Just because some attorney has misguided the Board, don't fall prey. Judge for yourself the facts and the cases that have gone before.
And remember, if you are HOMESTEADED, no one can restrict your property (Covenants, Rules, Regulations ) without YOUR written consent.
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Post by Admin on Dec 19, 2014 9:39:28 GMT -5
As in the past, I remain available to reply to owner requests for a CASUAL title search; I will only do this if asked and I ask nothing in return. I am not an attorney and anyone who wishes a casual title search should regard the result as educational and not to be relied upon as a legal opinion.
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gusto
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"A Friend of Bill W."
Posts: 117
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Post by gusto on Dec 20, 2014 9:31:44 GMT -5
It will be a learning experience for The New Revitalization Committee. They have started out on the wrong foot, I do believe. I Wish You The Best, this group will surely need all the help they can get. |
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