Dear Palmetto Pines Residents,

Since the last public board meeting resulted in yet another personal attack on my family and me in a general board meeting, I would like to respond to the allegations raised by Mr. Espineira.  

This web site was initially requested by the former board president of the Association, Mr. Espineira, and, at that time, enthusiastically supported by the board.  When the board refused three times to pay Enterprising Technologies for the costs incurred to keep this site it was sold to another party who has requested anonymity due to past harassments from the Association.  Since the board already holds me personally responsible for this site’s content I have agreed to contribute any information I have that can be of help to the homeowners.

I have been asked to tell, if I am able, what the lawsuit, that the Association has brought against me, is about.  I have decided to tell you not only what the lawsuit is about, but also some of my defenses.  I would also like to tell you why I joined the Board of Directors and what I hoped to accomplish.

I found it interesting that Mr. Espineira, our past president, asked Jack Knight how long this lawsuit was going on.  First of all, although Jack was on the Board that instructed Keith Backer to sue me, Jack is no longer supposed to be privy to any ongoing legal discussions.  It has been noticed that Tom Galiotti and Mike Charloff, both current Board members, were going to Jack and Joe Quattrachi after every board meeting.  The two Board members were overheard discussing legal cases with Jack and Joe.  That is a direct violation of their fiduciary duty to the Association and may expose the Association to certain liability.  Is that why Mr. Espineira asked Jack for that information?  Oh yes, Jack was wrong about the time.  This lawsuit was filed on July 31, 2000 after I had received two letters from Keith Backer. The first letter was written on June 5, telling me that I had violated Rule 3 of the Rules and Regulations - "vehicles are to be parked on the driveway or in the garage only" -  by parking a car on my front lawn, and demanding $82.50.  The second letter was written on June 15, saying that I "routinely parked vehicles on the front lawn and sidewalk" and demanding $115.50.  In both letters, I was also required to sign a statement saying that I would "unconditionally comply with the governing documents and that I acknowledge the validity and enforceability of the above referenced governing documents, including the Declaration of Restrictions and the Rules and Regulations as may be amended from time to time. ".  I will not just give up my rights and I will use any and all legal means to keep them. I refuse to be intimidated. 

Prior to Mr. Backer's second letter, I wrote the following to him:

In reply to your letter of 6/5/00:

    No prior correspondence or notice was received from PPHOA related to any parking of autos on my property.

    Your letter of 6/5/00 is the first notice received of any alleged violation of auto parking.

    According to Florida State statutes the governing documents and any properly adopted amendments, to be enforceable, are required to be recorded documents.

    Florida statutes provide that any recorded amendments, unless otherwise provided by the recorded governing documents, do not affect covered property owners, unless the record owner and all record owners of liens on the property agree to the amendments.

    I have been in, and continue to be in, compliance with the recorded "Declaration of Restrictions" for PPHOA. 

If you feel the above to be incorrect, please provide any:  (1) recording references for amendments filed, (2) references to the specific paragraphs that authorize your parking restrictions in the original recorded documents, recorded amendments or (3) in references to Florida State statutes that would authorize same.

I never received any response to this letter until more than 45 days later, when the lawsuit, filed on July 31, 2000, was delivered to me.  This lawsuit states:  "Contrary to the provisions of the Declaration and the Rules, Owners have continually parked vehicles including a RV Camper on their front lawn and sidewalk and has placed a rack type structure in the front of their house.  Despite Association's repeated demands for voluntary compliance, Owners have failed to comply with the recorded covenants and rules."  It is my opinion that they didn't want to answer my letter because they knew they had no authority.  (See Elaine Gatso's letter) The Board would appear to be more interested in forcing me to sign a statement that would give rights to the Board concerning my property.  

This is the lawsuit that I am now fighting.  I find it interesting that the last set of rules, dated August 2000, were filed in Palm Beach County on August 9, 2000.  Did the board hurry up and rewrite by-laws to include "rules and regulations" so that they could record them, in answer to my question to Keith Backer?  The original board of directors, in 1973, never recorded by-laws.  Check out the only other by-laws, signed by Jack Knight in 1996 and see how different they are from what was recorded in August 2000.  Also check out the letter sent to Gary Lee, the Association president, explaining the difference between by-laws and deed restrictions.  

In my defense, I believe that the Association has NEVER had any authority to enforce the originally recorded Declaration of Covenants, since that power is reserved to the subdivider alone (see Articles 7 and 8 of the Deed Restrictions), since no legal, written transfer of the subdivider's authority was ever given to the Association (see Elaine Gatso's letter and Florida law 720.301 (5) (b)).  

I believe that the Association has a right to make reasonable rules and regulations regarding the operation and use of common areas and recreational facilities (See Florida law 720.304 (1)).  However, my property is neither a common area nor a recreational facility.  

According to the deed restrictions, Article 23, a camper IS allowed to be parked on or near a lot for more than four hours.  However, we don't own a camper, which is the stand-alone living quarters that can be placed on the back of a pickup truck.  Regardless of what type of vehicles I own, the lawsuit is not claiming that I had an inappropriate vehicle here for more than four hours, so what's the problem?

The rack like structure was, by its very nature, temporary, and not visible when the first letter was received from Mr. Backer.  The Board's  "rules and regulations" state that a homeowner is to be given 30 days to correct any violation.  Since there was no violation to correct, what was the problem?  

Finally, the rules and regulations were not voted on by any homeowners except the Board members, and therefore are not legally binding on any homeowners except the nine Board members who voted for them.

I did not start this lawsuit.  I have given the Board the opportunity to settle this at no cost to them and they have refused.  They have given me no choice but to aggressively defend myself. 

I worked to get a quorum to vote off the old board because I didn't want other people to be victimized by the threats and intimidation that seemed to be routinely used by the old board.  The more I attended the strategy meetings, the more I realized that I should get on the board with other like minded people.  Before the first annual meeting everyone who listed their names as candidates knew what I stood for.  My principles haven't changed and they are listed below. 

• Full compliance with Florida law

• The reasonable and sensible interpretation of our community’s original recorded and as yet unamended  Declaration of Restrictions.

• Full and complete public disclosure and discussion of all board actions or intended actions.  This would include any and all actions that have not yet been turned over to an attorney for resolution. There should be no secret meetings.

• Full and complete public disclosure and  discussion of the board proposed amendments to the recorded Declaration of Restrictions.

• Expending your assessments only as authorized in the Declaration of Restrictions # 25.

  This community has questions that have not been answered with any degree of legally sufficient proof.   Here is a list of questions that need to be answered.  

1. Where does the authority for the board to make rules & regulations concerning my home site come from?

2. How can the board legally enforce the Declaration of Restrictions if prominent members of the community are allowed to be in continual violation of the restrictions?

3. Where does the authority for the board come from to assess for costs other than for maintenance of the waterways and canals?

4. Why does the Association pay the lawn service company to maintain county right of way?

5. What land does the Association actually own and is responsible for? 

6. If the Association owns the waterways and canals, is not the Association responsible for all canal bank upkeep as per Declaration of Restriction #25?

7. If the rights of the Subdivider were not transferred to the Association, how can the Association enforce the deed restrictions?

As a board member, I hoped to use the information I gathered in fighting my lawsuit, to help the Board do the right thing and return to their legal obligations. Unfortunately, fellow board members have their own agendas, some of which have nothing to do with easing the homeowners financial burden.  I have been a resident of this community since May 1980 and have no intention of being driven away by anybody.  One board member even asked me why I am fighting them.  I am not fighting.  I just want honest and clear answers to some of the same questions others in this community have asked.   According to the Association's attorney, I have taken certain actions which "may be a breach of his fiduciary duty to the Association and may expose the Association to certain liability."  If whatever I've done or said, that has so shocked the Board, is not true, then what liability would the Association have?  On the other hand, if the Board has done something wrong then the Board is liable.  Nothing I say or do can affect the Board's liability unless the Board has done something wrong.  

 I, like most residents here, just want to “live and let live”.  If you want to contact me about any questions you might have, feel free to write to me through the Webmaster at the address below.  I will answer your questions to the best of my ability.

Donald Hulse  

Last modified: June 13, 2001

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