Post by Dick Tracy on Mar 9, 2015 13:52:47 GMT -5
This is a Statement by our President, posted on Chug's Site on March 9, 2015:
Recent Lawsuit Settlement
Settlement Statement
In the workshop meeting held in the club house March 3, 2015, I had a good feeling that we had put our problems behind us and we would move forward with working together again for the betterment of S-bag.
At the time of the workshop we were under contract from the mediator that we were not to mention any thing about the settlement of the mediation other than the short paragraph the attorneys had released for us to say. This was supposed to be a binding agreement from all parties involved. Unfortunately, some people didn't get the message. Postings started showing up on the anonymous web site giving out supposedly confidential information. Certain people also were telling their friends information from the mediation. All postings from that web site were captured and forwarded to the attorneys along with any documented rumors we could trace back to where it started. By the evening of March 3, 2015 the Association attorney sent a memo to the Management Company saying the information was no longer confidential.
Now a lot of owners are upset thinking we lost and they won. In my opinion, no one ever wins in a law suit, (except the lawyers). Four Board members, (D Brnd, Stv Suthrd, Chrly Schlz and Peet Brdun) attended the mediation with the authority from the other Board members that we could make a decision if we felt it was in the best interest of the association. We also agreed we had to leave our own emotions out of the negotiations. I feel we did just that and here is why.
First of all, the mutually accepted agreement was all paid for by the Association Insurance Company, they even paid the mediator fees. Then people add, "yah but our insurance rates will go up." I doubt it, we pay them $54,000/year right now. Could we have won the case in a court of law? Maybe.
If the case went to court we might have won but it might have cost us $200,000 or more and for what? To be able to say, "we won." Then, what happens? They appeal the decision and we are right back in court again for how many more thousands of dollars? Also, keep in mind, if it went to court, we would be doing so with Association money, not the insurance company money. The insurance company indicated it was the end of the line for them financially on this issue.
Ms Tg, Ms Astn and Ms Tmyk, came close to shutting down the mediation when they wanted Jade Rite to drop her assault suit against Ms Astn. The Board agreed that was not our decision to make, it would have to be made by Jade. I called Jade, the mediator explained where we were in the negotiations and would she be willing to drop the charges? Jade graciously said, "whatever is best for the association, I am willing to do."
One issue remains which will be decided in the courts. Ms Tg is cH allenging the validity of the 1986 and 1989 amendments to the original Covenants. If the ruling is that the amendments are valid we revitalize the same way we just did. If the amendments are not valid we will revitalize using only the original '72, '74, '76 Covenants and in doing it that way the court is saying there is no amendatory provision in the original documents so we revert to F.S. 720.306 (1) (b) which reads; "Unless otherwise provided in the governing documents or required by law, and other than those matters set forth in paragraph (c), any governing document of an association may be amended by the affirmative vote of two-thirds of the voting interests of the association."
It then becomes easier for us to get the changes made and bring our documents up to date, which is what we started out to do in the first place.
If all of us will leave our emotions out of the situation. I believe you would have to agree, we made what we felt was the best decision for all of the owners of S-bag.
Please, let us move forward in a positive and collective fashion.
Thank You,
D Brnd
Recent Lawsuit Settlement
Settlement Statement
In the workshop meeting held in the club house March 3, 2015, I had a good feeling that we had put our problems behind us and we would move forward with working together again for the betterment of S-bag.
At the time of the workshop we were under contract from the mediator that we were not to mention any thing about the settlement of the mediation other than the short paragraph the attorneys had released for us to say. This was supposed to be a binding agreement from all parties involved. Unfortunately, some people didn't get the message. Postings started showing up on the anonymous web site giving out supposedly confidential information. Certain people also were telling their friends information from the mediation. All postings from that web site were captured and forwarded to the attorneys along with any documented rumors we could trace back to where it started. By the evening of March 3, 2015 the Association attorney sent a memo to the Management Company saying the information was no longer confidential.
Now a lot of owners are upset thinking we lost and they won. In my opinion, no one ever wins in a law suit, (except the lawyers). Four Board members, (D Brnd, Stv Suthrd, Chrly Schlz and Peet Brdun) attended the mediation with the authority from the other Board members that we could make a decision if we felt it was in the best interest of the association. We also agreed we had to leave our own emotions out of the negotiations. I feel we did just that and here is why.
First of all, the mutually accepted agreement was all paid for by the Association Insurance Company, they even paid the mediator fees. Then people add, "yah but our insurance rates will go up." I doubt it, we pay them $54,000/year right now. Could we have won the case in a court of law? Maybe.
If the case went to court we might have won but it might have cost us $200,000 or more and for what? To be able to say, "we won." Then, what happens? They appeal the decision and we are right back in court again for how many more thousands of dollars? Also, keep in mind, if it went to court, we would be doing so with Association money, not the insurance company money. The insurance company indicated it was the end of the line for them financially on this issue.
Ms Tg, Ms Astn and Ms Tmyk, came close to shutting down the mediation when they wanted Jade Rite to drop her assault suit against Ms Astn. The Board agreed that was not our decision to make, it would have to be made by Jade. I called Jade, the mediator explained where we were in the negotiations and would she be willing to drop the charges? Jade graciously said, "whatever is best for the association, I am willing to do."
One issue remains which will be decided in the courts. Ms Tg is cH allenging the validity of the 1986 and 1989 amendments to the original Covenants. If the ruling is that the amendments are valid we revitalize the same way we just did. If the amendments are not valid we will revitalize using only the original '72, '74, '76 Covenants and in doing it that way the court is saying there is no amendatory provision in the original documents so we revert to F.S. 720.306 (1) (b) which reads; "Unless otherwise provided in the governing documents or required by law, and other than those matters set forth in paragraph (c), any governing document of an association may be amended by the affirmative vote of two-thirds of the voting interests of the association."
It then becomes easier for us to get the changes made and bring our documents up to date, which is what we started out to do in the first place.
If all of us will leave our emotions out of the situation. I believe you would have to agree, we made what we felt was the best decision for all of the owners of S-bag.
Please, let us move forward in a positive and collective fashion.
Thank You,
D Brnd
