WilliamW2
(Florida)
Posts:8
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| 01/12/2011 11:13 AM |
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they're trying to hang on to the board so than can pave the runway, it doesnt take a 2/3 vote to pave the runway, only a board majority vote. you only need a 2/3 vote to mortgage the property and the loan they are attempting to borrow will be against future HOA dues.
if the other rich guys that bought the expensives planes new it was grass they should not bought them and bought something suitable for grass. Dont come in here and try to re-invent the wheel for your personal gain and incompetance.
the arbitration will be headed to a hearing this month to try and find out who is really the board.
if you as a board could resign as they did you would never be able to remove the board, they would just keep installing a puppet board.
Its a real mess because of a few and i mean a few (12) AHOLES in our community. |
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DonnaS
(Tennessee)
Posts:5671
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| 01/12/2011 12:41 PM |
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William,
Read your bylaws again, under "special Assessments." I tried to paste and copy it for you but it would not let me. It says that any special assessment must be approved by a 2/3rds vote of the membership. Did you vote on that? |
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PeterD3
(Florida)
Posts:448
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| 01/12/2011 1:20 PM |
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Donna, judging by his first sentence in the post just above your recent most one it looks like they are borrowing money against future dues instead of an assessment.
It's either brilliant or sleazy. |
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DonnaS
(Tennessee)
Posts:5671
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| 01/12/2011 1:35 PM |
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Thanks Peter,
So, you sound like you have legaleze in you? I agree with what you said but this is where it becomes murky. The Board has the responsibility to maintain, repair or replace the common areas, including the airstrip. The members are required to vote on special assessments to approve for those repairs or replacements.
As usual, these older documents were normally not written by genius's and perhaps these docs should have been updated or at least gone over with a magnifying glass to find these loopholes. On page 3, I posted some observations to this aged set of documents. I understand the passion of the guys who love to land on the grass (husband flew small aircraft) but as with every arguement, ther are 2 sides. The guys who own homes there and pay their assessments the same as the grass guys, also have a right to have a safe landing strip.
So the Board is either brilliant (because of getting a loan to be paid by future assessments or????, we know the other. |
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PeterD3
(Florida)
Posts:448
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| 01/12/2011 1:37 PM |
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Is this real?
The BOD was recalled on 10/25/10 by 70%-30% then went to arbitration.
Was the recall found defective?
Why hasn't the new BOD ceased all the paving related actions?
I'm missing it I guess  |
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DonnaS
(Tennessee)
Posts:5671
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| 01/12/2011 1:54 PM |
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Peter,
After reading the 2010 meeting minutes, all that I can say is KA-CHINK! There are a bunch of happy lawyers some where in Palm Beach County.
The Board did recieve a recall petition but it was found to have deficiencies with many of the signatures. This is really good reading if you want to read about a disfunctional HOA. |
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WilliamW2
(Florida)
Posts:8
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| 01/12/2011 7:40 PM |
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Peter is correct and it falls under sleazy because it is something that makes the community what it is...a grass runway. This is something that a vote of the community should have a say in especially since the vote to recall the board trying to do this was 70-30. Sleazy is an understatement.
The recall was in fact a recall but the crooked board picked apart the votes and said it wasn't legal and that’s why it’s in arbitration.
The board hasn’t ceased all paving related actions if you read the minutes about settling a lawsuit, the injunction says the can not enter into and binding agreement to pave and they have by settling the lawsuit to pave.
The re-elections are in February and it should all be resolved at that point but that is why they settled the lawsuit saying it should be paved so that the new board will have to pave it but since they violated the judge’s order and the fact they are not the legal board it won’t matter.
we are going back in front of the judge next week to let him know about the illeagal lawsuit settlement and he should have the bunch thrown out.
Stay tuned!!!
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WilliamW2
(Florida)
Posts:8
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| 01/13/2011 5:44 AM |
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| A convicted felon serving on a HOA Board.......I know the FS and our HOA docs has nothing saying they cant serve on the board but does insurance carriers have anything agaianst it? |
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WilliamW2
(Florida)
Posts:8
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| 02/10/2011 11:21 AM |
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| At the annual meeting the board was replace with a new Fair Play board, no paving now until the community votes on it. |
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JanetB2
(Colorado)
Posts:1818
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| 02/10/2011 12:33 PM |
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| Thank you for the update William ... we wish all of you and your HOA the best of luck!!! Hopefully you can all work together as a team in the best interests of everyone. Maybe after a while everyone can get past any hard feelings for the benefit of your community. |
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JacksonH1
(Florida)
Posts:6
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| 03/29/2011 2:25 PM |
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To set the record straight. All 4 attempts at recall were arbitrated by the State of Florida & in all cases the recalled BOD members were exonerated by legal review & 4 "Final Summary Judgements" were issued in favor of all BOD activity. Folks need to understand that the HOA is a Corporation & as such acts iaw Fl. Statute, thus there were NO violations of Fl Code concerning Corporations, HOA's or Adminstrative Statutes.
What most residents did not understand & probably still don't, is that their recall ballots were used as supporting documentation by 1 resident to file personal lawsuits. In addition, 3 residents filed & obtained an injunction (Temporary Restraining Order or TRO)good for 90 days to prevent paving. This required posting a $2000/day bond for $180,000 total. Now that the TRO has expired, the perpetrators do not want to cough up the Bond to pay for the legal fees they caused the Association; they want the community to pay for their folly.
Since Recall initiatives were not the local Courts jurisdiction in FL., The TRO judge only issued the TRO in order to give time for the duly appointed arbitrator to do his thing with respect to the recall efforts. Thus the TRO, personal lawsuits, & recalls are explicitly intertwined; i.e. if you win the recall, the TRO & lawsuits are over, you loose. Since the recall efforts also included personal lawsuits, & since the arbitrator agreed in all cases with the BOD, the association (residents) should not have to pay for the selfish actions of a few. |
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DonnaS
(Tennessee)
Posts:5671
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| 03/29/2011 3:25 PM |
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Well Jackson, We have been looking for your side to clarify this mess and to present another explaination of what happened in court. THANK YOU!! THANK YOU!! What a shame that a huge amount of money was spent on this. As I said Wayyyyyyyy back,the cost of th Palm Beach lawyers could probably have paved that runway 2 times over. Congratulations. |
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SteveM9
(Massachusetts)
Posts:1529
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| 03/29/2011 3:26 PM |
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since the arbitrator agreed in all cases with the BOD, the association (residents) should not have to pay for the selfish actions of a few.
Ahh.... arbitration..... arbitrators side with businesses 99% of the time. With these kind of win rates getting arbitration is the kiss of death for someone fighting a business.
Why do you think businesses like to use arbitration? |
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DonnaS
(Tennessee)
Posts:5671
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| 03/29/2011 3:54 PM |
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Steve,
The Florida arbritation system is set up to protect both interests. The HOA is a business owned by both parties so the courts treat both sides as the interested parties. Basically, this is not applicable to your theory. |
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PeterD3
(Florida)
Posts:448
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| 03/29/2011 4:20 PM |
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You can read 3 of the Final Orders here:
http://www.myfloridalicense.com/dbpr/lsc/arb/FinalOrderSearchResults.html?cx=%09001522194695009622360%3Aqdapvt3fany&cof=FORID%3A10&ie=UTF-8&q=wellington+aero+club#339 |
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JanetB2
(Colorado)
Posts:1818
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| 03/29/2011 5:08 PM |
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I would be interested in hearing from the other side with regards to the reasons on why this issue was not put before the membership to vote in the first place.
Potentially no pockets would have been lined if such an overall change and enormous expenditure was properly voted on and agreed to by the members.
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DennisA1
(California)
Posts:2
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| 03/30/2011 7:17 AM |
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William,
Will the members get to vote now? and when?
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SteveM9
(Massachusetts)
Posts:1529
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| 03/30/2011 7:22 AM |
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Basically, this is not applicable to your theory.
How is Florida different?
I agree, in theory, when you go against your HOA, even if you win, you still loose. |
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DonnaS
(Tennessee)
Posts:5671
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| 03/30/2011 8:10 AM |
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"Steve,
The Florida arbritation system is set up to protect both interests. The HOA is a business owned by both parties so the courts treat both sides as the interested parties. Basically, this is not applicable to your theory.
I didn't say it was different. The big advantage that Florida HOA's do have is that they HAVE a system in place that most other States do not have. It ain't perfect but I strongly disagree with your "business is favored "statement in regards to H.O verses the HOA. |
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JacksonH1
(Florida)
Posts:6
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| 12/07/2011 7:43 AM |
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Latest Update: on 6 Dec the current BOD (they favor of a grass runway) was required to conduct a resident vote on whether or not to pave the runway. The vote was required iaw the doc's wherein over 10% of the residents requested a special membership vote on the issue. The current BOD ran for office promising a vote but then decided against it once in office.
The residents voted for a concrete runway improvement, 93 to 80. That vote along with the five Jan 2011 favorable Summary Decisions by the State of Florida Arbitrator vindicates the 2010 BOD's decision to pave. It's too bad the homeowners had to pay for all the legal fees incurred just to satisfy the ego's of less than 5% of the community. Of course, had the bond money required by that 5% in order to obtain a Temporary Restraining Order not been returned to the 5%, the Associations legal fees would have been covered. The homeowners can thank the current BOD for not recouping those fees. |
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JacksonH1
(Florida)
Posts:6
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| 02/03/2012 8:54 AM |
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| It's finally come full circle. On Feb 2. 2012 the residents voted for a slate of BOD candidates that favor improving the community to include the runway & taxiways ( read hard surface runway). There were 11 candidates, 5 for paving, 5 for grass & 1 independent; 198 out of 250+ residents voted, the result was 2:1 for improving the runway. The new BOD has committed to a series of improvements rather than maintain the status quo / do nothing approach of the last BOD. So, a BOD that protected its own self interests rather than the community's is no longer able to prevent progress & needed improvements. |
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TimB4
(Virginia)
Posts:3801
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| 02/03/2012 10:56 AM |
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Jackson,
Thanks for the update. It's always good to hear that changes can happen from within (even if it takes longer than one desires).
Tim |
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JohnC46
(South Carolina)
Posts:621
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| 02/03/2012 12:29 PM |
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I agree with Tim. Nice to see the system work as intended.
That said, the first post was in 09/2010 so it took close to 18 months for them to make the changes.
In one HOA I belonged to it took us about the same amount of time to make changes. It took almost a year to find/elect enough new BOD Members to assure enough were elected to the BOD to block the BOD President from getting relected to that position.
Then it took another election cycle (one year) to get enough well liked/respected candidates to run for the BOD thus finally beat out the old president and two of his cronies from being relected to the BOD.
Changes can be made but do not expect them to happen tomorrow. It will take time to mount the allies/votes to make changes and if you cannot do such then either you did not try properly and/or others do not agree with you.
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JacksonH1
(Florida)
Posts:6
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| 02/04/2012 3:57 PM |
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| What will be interesting to follow is what nefarious action(s) the old BOD & its supporters come up with to try & subvert the will of the majority. Based on past performance, the majority can only expect more legal activity in order to delay the inevitable. Hopefully this time the majority will be able to see thru the minority(5%) attempt to be selfish & put them in their proper place without the unwarranted expenditure of BOD/HOA legal fees. |
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JacksonH1
(Florida)
Posts:6
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| 03/08/2012 6:40 AM |
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| As forecast, go to www.stopwellingtonjets.com for the latest pack of lies. The C&R's currently prohibit jets & it would take 2/3's vote to change, highly unlikely. Taking this issue outside the community is a desperate attempt & totally irresponsible as the outcome cannot be controlled by community votes one way or the other. If this minority keeps it up, they will close the private airport; wonder what happens to property values then? |
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JacksonH1
(Florida)
Posts:6
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| 03/13/2012 4:26 PM |
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| The website www.stopwellingtonjets.com was taken down except for the home page; someone must have woken up to the stupidity of the arguments presented=== good for all concerned!! Probably not the end of it though. |
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JohnC46
(South Carolina)
Posts:621
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| 03/13/2012 4:40 PM |
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Jackson
I do not think you/we have heard the last of this saga. I know one fellow that legally tied up voted upon changes in his neighborhood for close to 4 years. He eventually lost, but he was able to hold things up for 4 years.
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