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Everybody has received a letter stating that there will be a meeting on November 11th to discuss the Marketable Record Title Act which allows HOMEOWNER ASSOCIATIONS to automatically dissolve after thirty years unless the board (it used to be the homeowners!) decides to continue the association.  

According to the law, there has to be a special meeting just for this purpose, the letter which the board will sign and record has to be sent to every homeowner, AND you have to receive notice of this meeting no later than 7 days before the meeting.  Since I received this notice today, November 5, 2003 and the meeting is on November 11, 2003, the last requirement has NOT been met!

The reasoning given for continuing the association ( which is misleadingly written as "preserving the covenants") is that the association will still have a "force or effect against the property owners in the community".  At the last board meeting, many homeowners asked why different deed restrictions were not being enforced.  The property manager, fed up with all the complaints, finally said that the board and the management company had NO authority to enforce ANY of the deed restrictions, because of the way that the governing documents were written!  

WHY DO WE NEED AN ASSOCIATION?  

The deed restrictions run with the land.  They can't be done away with - only the Association, which previously had NINE board members and now is down to THREE - representing 889 homeowners, can be dissolved!  The property manager told the homeowners that they should call County Code to enforce our deed restrictions - since they are very close to what the county code lists.  We don't have ANYTHING to maintain except the canals and the lights.  Why are we paying $65/quarter?  To pay the Management Company to send out letters about infractions that they CAN'T enforce?

Now the Board wants to enter into a contract with Adelphia cable that will raise our quarterly dues to $137.87 even if we don't get or want cable.  This cable service is not under the authority of the deed restrictions and has NOTHING to do with any common areas.

WHY DO WE ALLOW THREE PEOPLE TO TAKE OUR MONEY WHEN OUR DEED RESTRICTIONS STATE CLEARLY THAT THEY CAN ONLY COLLECT $2/MONTH FOR MAINTENANCE OF CANALS AND ANYTHING ELSE MUST BE VOTED ON AND APPROVED BY THE HOMEOWNERS, NOT THE BOARD! 

Last modified: June 13, 2001

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