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Subject: Wellington Aero Club
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Author Messages
JohnnyW3
(Florida)

Posts:14


10/07/2010 8:48 AM  
Posted By MaryA1 on 10/07/2010 8:40 AM
Johnny,

You just supplied fodder for the argument against grass by saying, "a grass runway is not useable in south florida 24/7/365". The old timers need to realize that time marches on and what worked 10 or more years ago may need to be updated to work today. I see nothing wrong with the new people moving in with larger planes to expect the airstrip to be upgraded. They're paying the assessments too!





We're not old timers, when you move here you know its grass and if you want pavemnet you could have move 20 miles north and bought a house on the paved runway there.

JanetB2
(Colorado)

Posts:4211


10/10/2010 8:55 PM  
Posted By JohnnyW3 on 10/07/2010 8:48 AM
We're not old timers, when you move here you know its grass and if you want pavemnet you could have move 20 miles north and bought a house on the paved runway there.

You go Johnny ... as I said before the BOD has an obligation to maintain in the condition as when it was initially built, not to now pave it because a few think they own the entire HOA. From the pics on the website the grass is beautiful and I could not imagine everyone wanting to look out from their homes at hot ugly pavement.
DonnaS
(Tennessee)

Posts:5671


10/11/2010 10:51 AM  

Janet,
You said----
"as I said before the BOD has an obligation to maintain in the condition as when it was initially built, not to now pave it because a few think they own the entire HOA. "

Do you know the wording of the Aero Clubs documents on responsibility of the Board on the runway? NO YOU DON'T. Do you know their obligation? NO YOU DON'T. This is just your opinion. You have not lived in South Florida, lived thru the spring and fall rains and thru regular hurricanes.
JanetB2
(Colorado)

Posts:4211


10/11/2010 11:35 AM  
Posted By DonnaS on 10/11/2010 10:51 AM

Do you know the wording of the Aero Clubs documents on responsibility of the Board on the runway? NO YOU DON'T. Do you know their obligation? NO YOU DON'T. This is just your opinion. You have not lived in South Florida, lived thru the spring and fall rains and thru regular hurricanes.

Donna ... you sure are making alot of assumptions here.

Actually I DO KNOW what their documents state as I have read a good portion. It does state many times everything shall be MAINTAINED and does not state CHANGED. And whether or not you think it may be my opinion, everyone does have a right to their own opinions.

What makes you assume I have not possibly lived in South Florida?

You have no business telling anyone what they may know or not know ... nor where they may or may not have lived. This would be something YOU definately DO NOT KNOW.
JanetB2
(Colorado)

Posts:4211


10/11/2010 1:19 PM  
By the way Johnny & Wully so you guys know for sure where I am coming from:

main·tain (mn-tn)
tr.v. main·tained, main·tain·ing, main·tains

1. To keep up or carry on; continue.
2. To keep in an existing state; preserve or retain.
3. To keep in a condition of good repair or efficiency: maintain two cars.
4.
a. To provide for; support.
b. To keep in existence; sustain.
5. To defend or hold against criticism or attack: maintained his stand on taxes.
6. To declare to be true; affirm.
7. To adhere or conform to; keep.

GOOD LUCK!!! ... I for one am on your side.
MaryA1
(Arizona)

Posts:388


10/11/2010 5:05 PM  
Janet,

I think we all know what "maintained" means. And, although the board is charged with maintaining the common elements they also have the authority to make capital improvements which is one of the reasons for having an adequate reserve fund.

Also, I totally disagree with you in saying that ". . .the board has an obligation to maintain in the condition it was originally built". I would be very surprised to find that stated in a set of CCRs as it would mean that a common element could never be updated or improved which would be totally ludricrous.
DonnaS
(Tennessee)

Posts:5671


10/11/2010 5:47 PM  

Janet,

I assumed things which I should not do. You have taken sides, which we all should not do. We are here to analize the information that is presented to us and then we offer opinions on what we have read. It is called interpretation and it should be of the situation and documents, not a pep rally for a specific group. By the way, these two poster do not fit under the guidelines for this site which reads " FORUM FOR COMMUNITY SSOCIATION BOARDS AND OTHER VOLUNTEERS TO DISCUSS TOPICS CONCERNING THEIR ASSOCIATION DUTIES"
JanetB2
(Colorado)

Posts:4211


10/11/2010 6:37 PM  
Donna:

You are right ... I should not appear to take sides. That is a number one rule to insure a great HOA, and I am kicking myself at this moment. While this is not our HOA everyone should if at all possible avoid potentially taking sides. Thank you for bringing to my attention my temporary lapse of judgement regarding that issue. While we both made mistakes ... the important thing is we are adult enough to admit and hopefully do not make the same mistakes in the future.

Thank you!!!
DonnaS
(Tennessee)

Posts:5671


10/12/2010 6:25 AM  

And Likewise, Janet.
JohnnyW3
(Florida)

Posts:14


10/14/2010 7:24 AM  
Posted By SureshD on 09/09/2010 8:28 AM
Sure there is, RECALL them or those who favor this!

I don't know how far along this project has progressed thus far and,
IF there is this overwhelming majority AGAINST this as you say.....

First get minimum of 20% (MORE if you can) of the members to sign a petition (Florida Law) stating you want the Board to add this (reconsideration of paving)to the agenda. It will have to be addressed in 60 days. At that time make sure all the opponents are there to inform the BOD they are done if this goes through. You will each have 3 minutes to speak since it is on the agenda via petition. Make sure the 80% are there to speak and show that there is more than a majority of the members willing to recall them.

OR, you can just move to recall immediately.


Here's How:

(10) RECALL OF DIRECTORS.--

(a)1. Regardless of any provision to the contrary contained in the governing documents, subject to the provisions of s. 720.307 regarding transition of association control, any member of the board of directors may be recalled and removed from office with or without cause by a majority of the total voting interests.

2. When the governing documents, including the declaration, articles of incorporation, or bylaws, provide that only a specific class of members is entitled to elect a board director or directors, only that class of members may vote to recall those board directors so elected.

(b)1. Board directors may be recalled by an agreement in writing or by written ballot without a membership meeting. The agreement in writing or the written ballots, or a copy thereof, shall be served on the association by certified mail or by personal service in the manner authorized by chapter 48 and the Florida Rules of Civil Procedure.

2. The board shall duly notice and hold a meeting of the board within 5 full business days after receipt of the agreement in writing or written ballots. At the meeting, the board shall either certify the written ballots or written agreement to recall a director or directors of the board, in which case such director or directors shall be recalled effective immediately and shall turn over to the board within 5 full business days any and all records and property of the association in their possession, or proceed as described in paragraph (d).

3. When it is determined by the department pursuant to binding arbitration proceedings that an initial recall effort was defective, written recall agreements or written ballots used in the first recall effort and not found to be defective may be reused in one subsequent recall effort. However, in no event is a written agreement or written ballot valid for more than 120 days after it has been signed by the member.

4. Any rescission or revocation of a member's written recall ballot or agreement must be in writing and, in order to be effective, must be delivered to the association before the association is served with the written recall agreements or ballots.

5. The agreement in writing or ballot shall list at least as many possible replacement directors as there are directors subject to the recall, when at least a majority of the board is sought to be recalled; the person executing the recall instrument may vote for as many replacement candidates as there are directors subject to the recall.

(c)1. If the declaration, articles of incorporation, or bylaws specifically provide, the members may also recall and remove a board director or directors by a vote taken at a meeting. If so provided in the governing documents, a special meeting of the members to recall a director or directors of the board of administration may be called by 10 percent of the voting interests giving notice of the meeting as required for a meeting of members, and the notice shall state the purpose of the meeting. Electronic transmission may not be used as a method of giving notice of a meeting called in whole or in part for this purpose.

2. The board shall duly notice and hold a board meeting within 5 full business days after the adjournment of the member meeting to recall one or more directors. At the meeting, the board shall certify the recall, in which case such member or members shall be recalled effective immediately and shall turn over to the board within 5 full business days any and all records and property of the association in their possession, or shall proceed as set forth in subparagraph (d).

(d) If the board determines not to certify the written agreement or written ballots to recall a director or directors of the board or does not certify the recall by a vote at a meeting, the board shall, within 5 full business days after the meeting, file with the department a petition for binding arbitration pursuant to the applicable procedures in ss. 718.112(2)(j) and 718.1255 and the rules adopted thereunder. For the purposes of this section, the members who voted at the meeting or who executed the agreement in writing shall constitute one party under the petition for arbitration. If the arbitrator certifies the recall as to any director or directors of the board, the recall will be effective upon mailing of the final order of arbitration to the association. The director or directors so recalled shall deliver to the board any and all records of the association in their possession within 5 full business days after the effective date of the recall.

(e) If a vacancy occurs on the board as a result of a recall and less than a majority of the board directors are removed, the vacancy may be filled by the affirmative vote of a majority of the remaining directors, notwithstanding any provision to the contrary contained in this subsection or in the association documents. If vacancies occur on the board as a result of a recall and a majority or more of the board directors are removed, the vacancies shall be filled by members voting in favor of the recall; if removal is at a meeting, any vacancies shall be filled by the members at the meeting. If the recall occurred by agreement in writing or by written ballot, members may vote for replacement directors in the same instrument in accordance with procedural rules adopted by the division, which rules need not be consistent with this subsection.

(f) If the board fails to duly notice and hold a board meeting within 5 full business days after service of an agreement in writing or within 5 full business days after the adjournment of the member recall meeting, the recall shall be deemed effective and the board directors so recalled shall immediately turn over to the board all records and property of the association.

(g) If a director who is removed fails to relinquish his or her office or turn over records as required under this section, the circuit court in the county where the association maintains its principal office may, upon the petition of the association, summarily order the director to relinquish his or her office and turn over all association records upon application of the association.

(h) The minutes of the board meeting at which the board decides whether to certify the recall are an official association record. The minutes must record the date and time of the meeting, the decision of the board, and the vote count taken on each board member subject to the recall. In addition, when the board decides not to certify the recall, as to each vote rejected, the minutes must identify the parcel number and the specific reason for each such rejection.

(i) When the recall of more than one board director is sought, the written agreement, ballot, or vote at a meeting shall provide for a separate vote for each board director sought to be recalled.






Where did you find this in the FS? I cant seem to find it?
DonnaS
(Tennessee)

Posts:5671


10/14/2010 7:32 AM  

Johnny,

Recalls are under F.S 720. 303 (10) Recall of Directors.
JohnnyW3
(Florida)

Posts:14


10/14/2010 7:42 AM  
Posted By DonnaS on 10/14/2010 7:32 AM

Johnny,

Recalls are under F.S 720. 303 (10) Recall of Directors.





Got it, thanks
JohnnyW3
(Florida)

Posts:14


10/14/2010 7:48 AM  
We served them notice last saturday for recall of the board as per FS 720.303 (10)and they have the meeting scheduled this monday, they are not counting last monday because it was a national holiday.

We also have the special meeting to remove the board under our HOA Docs scheduled for oct 23.

They held the board meeting last tuesday and went ahead and approved the contract and the loan to replace the grass runway with cement and a phone blast went out to all residents to remove thier planes becuase they will be closing the airport within a week or two for the construction of the new runway.

They have not complied with giving the FAA DOA 90 day notice as per FAA Form 7480-1 which is a federal violation but they dont seem to care.

The loan will come from private investers here at the WAC and one of those PI has a lawsuit filed against the HOA saying the runway is unsafe.

There's has to be something ileagal about this whole thing?????
DonnaS
(Tennessee)

Posts:5671


10/14/2010 8:46 AM  

Johnny,

I have 2 things to say and it is a shame that it has to be said. Number 1, This legal battle will cost almost as much as repaving the entire runway. And #2, are you all prepared to be in this for the long haul. It will not be over soon. There will be a division between the 2 sides that will never be repaired and that is the worst part. I wish you all well and I hope to read about a permanent resolution before I die.
WildT
(Florida)

Posts:6


10/22/2010 8:46 AM  
to avoid being remove from the board, here is what they did;


Recap of the Board meeting on Saturday:



Board members present; bill , dave and Guy .



bill called the meeting to order and they discussed the voting ballots for the Board recall meeting next Saturday for about 5 minutes and they went on to “new business”.



bill pulled an unsealed document from his pad and announced that he had received a resignation letter from larry smith today and that he accepted his resignation. A few words were exchange from Guy to the board and Guy removed himself from the meeting.



bill then called brenda mcadam on the phone and the 3 of them appointed george as a new board member.



bill then hung up the phone with brenda and he pulled another document out of his pad and announced that brenda has resigned from the board and he accepted her resignation and then the 3 of them appointed sandy (brenda’s husband) to the board.



bill then wrote out his resignation and handed it to dave and dave accepted his resignation and the board appointed alycka (bill’s wife) to the board.



dave yoder then handed george his resignation and then they appointed robert to the board.



The four of them then named the officers and appointed bill as treasurer and brenda as secretary.
WildT
(Florida)

Posts:6


10/22/2010 8:48 AM  
A judge agreed to hear the case yesterday and granted a 90 injunction, no work can be done and the grass runway is open until the issues are resolved by a higher authority than the phony board
DonnaS
(Tennessee)

Posts:5671


10/22/2010 9:27 AM  

SO LET THE FUN BEGIN!!! It seems that the Board does have some support. This won't be over until the fat lady sings.
WildT
(Florida)

Posts:6


10/22/2010 9:44 AM  
the board has very little support, two replacements were spouses and one was someone who was 90 days past due on his HOA fees and they paid him to be on the board basiclly and the other is just not real smart.
SureshD


Posts:0


10/22/2010 10:37 AM  
As I read it, you had three BoD members present, a fourth resigned prior to the meeting (Larry), a fifth not present (Brenda?). Then one of the three members present leaves (Guy). You no longer have a quorum present (or did Guy return?).

If Guy did not return then I would suggest that the rest of the appointments are invalid as the meeting should be adjourned until a 3rd member can be present. If Guy did return then I missed it.

Calling an absent member, Brenda, only at a specific time to vote on a nomination is clever but not sure it meets the requirement of a quorum present. Did all the "new" members remain on the phone for the rest of the meeting?

Interesting how there were 2 resignations in the hands of a member and yet these (resigned)individuals were allowed to conduct business AFTER their documents were received. I would look closely at the resignations to see their wording and any possible effective time/dates making this plausible.

At the end you mentioned two of the people who resigned (Bill, Brenda) as being treasurer & secretary?

Lastly, this doesn't prevent a recall of the "puppet" BoD. It may delay it to update names on the recall forms, but then again... you have 90 days anyways!
JanetB2
(Colorado)

Posts:4211


10/24/2010 9:49 PM  
Posted By DonnaS on 10/22/2010 9:27 AM

SO LET THE FUN BEGIN!!! It seems that the Board does have some support. This won't be over until the fat lady sings.

Donna ... too funny!!! You nailed this one on the head.

What WildT posted does sound a little like someone trying to find loop holes and shady business going on.
DarylF
(Washington)

Posts:157


10/25/2010 11:30 AM  
Question:

Those that don't want it paved, what is the reasons? Is it mostly costs? They like the looks of the lawn? Or do they prefer grass runways? Other?

If it were just costs then maybe I could see this being a case of the board looking out for the best interest of the community, assuming they did a full cost benefit analysis and can justify that it's best for the community. However, I don't think that is the case. There is no NEED for a paved runway just like walking paths don't need to be paved. People bought in the neighborhood knowing it was grass and knowing some days they may not be able to use it, or if their plane was too heavy it would be problematic. I'm guessing some pilots actually prefer a grass runway for an old school charm, or less frequent tire changes? I'm guessing the non plane owners like the look of the lawn?

Good luck in your fight. Hopefully it ends without costing the HOA too much.

WildT
(Florida)

Posts:6


10/25/2010 11:56 AM  
the meeting was held saturday for the board recall as per our HOA docs and we had 138.5 to recall and 41.5 to keep, so thats 77% and they were recalled from the board and the puupet board that was put in place a week ago is not a legal board because the resignations were not counted because they did not give the resignations to the secretary as per our HOA Docs, we are now headed to arbritation.
DonnaS
(Tennessee)

Posts:5671


10/25/2010 6:38 PM  


Wild,

Please explain to us what "we had 138.5 to recall and 41.5 to keep, "

How does a vote get a .5 vote?
WildT
(Florida)

Posts:6


10/26/2010 6:14 AM  
Posted By DonnaS on 10/25/2010 6:38 PM


Wild,

Please explain to us what "we had 138.5 to recall and 41.5 to keep, "

How does a vote get a .5 vote?





if you want a bigger house you either buy the lot next door or you split it with someone, when you spilt it you get a half a vote.
WildT
(Florida)

Posts:6


10/26/2010 6:16 AM  
puppet board will meet on thursday to accept and certify the votes or they will vote go to arbitration.

Stay tuned
DonnaS
(Tennessee)

Posts:5671


10/26/2010 6:31 AM  

wild,

Thanks for the explaination. Makes sense.
WilliamW2
(Florida)

Posts:8


01/12/2011 6:36 AM  
If you want to see how a bunch of board members with no morals operate got to; www.wellingtonaeroclub.com click the up to date link and look at the meeting minutes starting on 9-21-10 also notice they dont call them Board Meetings like the previous meetings.
DennisA1
(California)

Posts:2


01/12/2011 7:55 AM  
WilliamW2
????..clicked on "Meeting Minutes...." and they all have "Wellington Aero Club HOA, Inc Board of Directors Meeting"...???????
DonnaS
(Tennessee)

Posts:5671


01/12/2011 8:22 AM  

Dennis,

I too went to the site and read the entire list of documents that are posted.

William, please correct me if I am wrong. The association was established in 1979? Other than 1 amendment, I saw no others. Are there no amendment updates that have been filed? I really do see several areas that should have been changed in the last 31 years. Knowing the age of the documents, there will be members that are entrenched in their feelings towards the HOA and especially the airstrip.

I also could not see anything in the title of the Meeting Minutes that sends up a red flag. We are trying to understand what is going on here....other than some members are trying to "hang the Board"
DonnaS
(Tennessee)

Posts:5671


01/12/2011 8:55 AM  

Everyone,

Just some input on this..again. Back in 1979 when this association was formed, normal planes were small and definitely less powerful costing 12 to 15,000 back then. Cessnas and some of these guys did not cost nearly as much as the homes that now surround this community as they now do. (Can be over a million dollars.

Thru the years, this association has grown in the number of homes as well. New owners who PAY THEIR DUES !
have moved in with their planes, probably bigger and so much more expensive. They don't do grass runways very well, shaking to death all of the expensive instruments on board.

The original documents for this HOA says that by a vote of 2/3rds of the membership, must pass the membership before a capital improvement may be done. It also says that the Board of Directors has the responsibility to insure that the runways, taxiways and all other air facilities are maintained, repaired and replaced. So the question is, did the Board get the nescessary 2/3rds vote to pass the vote to replace the runway?

I understand the passion that these "purests" have for the grass but this is 2011, 31 years after the original concept of this developement was established and times really do move on.
WilliamW2
(Florida)

Posts:8


01/12/2011 11:13 AM  
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.
DonnaS
(Tennessee)

Posts:5671


01/12/2011 12:41 PM  

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?
PeterD3
(Florida)

Posts:708


01/12/2011 1:20 PM  
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.
DonnaS
(Tennessee)

Posts:5671


01/12/2011 1:35 PM  

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.
PeterD3
(Florida)

Posts:708


01/12/2011 1:37 PM  
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
DonnaS
(Tennessee)

Posts:5671


01/12/2011 1:54 PM  

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.
WilliamW2
(Florida)

Posts:8


01/12/2011 7:40 PM  
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!!!
WilliamW2
(Florida)

Posts:8


01/13/2011 5:44 AM  
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?
WilliamW2
(Florida)

Posts:8


02/10/2011 11:21 AM  
At the annual meeting the board was replace with a new Fair Play board, no paving now until the community votes on it.
JanetB2
(Colorado)

Posts:4211


02/10/2011 12:33 PM  
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.
JacksonH1
(Florida)

Posts:6


03/29/2011 2:25 PM  
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.
DonnaS
(Tennessee)

Posts:5671


03/29/2011 3:25 PM  

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.
SteveM9
(Massachusetts)

Posts:3615


03/29/2011 3:26 PM  
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?
DonnaS
(Tennessee)

Posts:5671


03/29/2011 3:54 PM  

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.
PeterD3
(Florida)

Posts:708


03/29/2011 4:20 PM  
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
JanetB2
(Colorado)

Posts:4211


03/29/2011 5:08 PM  
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.


DennisA1
(California)

Posts:2


03/30/2011 7:17 AM  
William,
Will the members get to vote now? and when?
SteveM9
(Massachusetts)

Posts:3615


03/30/2011 7:22 AM  
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.
DonnaS
(Tennessee)

Posts:5671


03/30/2011 8:10 AM  

"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.
JacksonH1
(Florida)

Posts:6


12/07/2011 7:43 AM  
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.
JacksonH1
(Florida)

Posts:6


02/03/2012 8:54 AM  
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.
TimB4
(Virginia)

Posts:17766


02/03/2012 10:56 AM  
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
JohnC46
(South Carolina)

Posts:11507


02/03/2012 12:29 PM  
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.

JacksonH1
(Florida)

Posts:6


02/04/2012 3:57 PM  
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.
JacksonH1
(Florida)

Posts:6


03/08/2012 6:40 AM  
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?
JacksonH1
(Florida)

Posts:6


03/13/2012 4:26 PM  
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.
JohnC46
(South Carolina)

Posts:11507


03/13/2012 4:40 PM  
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.





JasonP5
(Maryland)

Posts:2


09/27/2016 10:47 PM  
I have been facing problem with rough surface over pavement near to my office area. Re paving of the pavement has been done just before a month, but the surface is still not looking so smooth. Can anybody suggest any recommendation over the problem.
TimB4
(Virginia)

Posts:17766


09/28/2016 3:07 AM  
Jason,

Welcome to the forum. It's best to start a new topic then reactivating old topics.

Tim
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