Gary Lee, the Board President, at an open board meeting, apologizes to homeowners for the actions of the Association attorney. It seems that the attorney acted without the knowledge or authority of the Board. He said that is why the attorneys were dismissed. He felt very bad that the homeowners were threatened with foreclosure actions. How much money was claimed was owed to the Association? Some were as little as $140. This amount ballooned to over $1,400 with legal fees and interest added in. The Board is sorry. How nice. What about the rights of the homeowner? I guess it is just too bad about that. If the attorney acted without authority it will be ok.. The Board will apologize. Hey, why not take the Board’s apology to Publix and buy your groceries with it. You sure cannot use the money extorted by the Association attorneys, because they either have it or you lose your home!

What is the real problem with all of this? THE BOARD LACKS ANY LEGAL AUTHORITY TO ENFORCE ANY OF THE DEED RESTRICTIONS. Yes, you read that right. NO AUTHORITY! You ask how can this be? This is why:

· The rights of the subdivider / developer contained in the Declaration of Restrictions, specifically Articles 7 & 8, have never been assigned to anyone, or changed, and still to this day remain as originally written and recorded.

· The assignment or transfer of the rights of the subdivider / developer as contained in the Declaration of Restrictions, specifically Articles 7 & 8, must be done in writing. The rights are contained in a written contract. Do you change written contracts verbally or in writing? In writing of course.

· Florida Statues 720.302(2) does not retroactively amend our Declaration of Restrictions.

If the attorneys have violated their authority they should be held accountable. The same is especially true for the Board of this Association when they have knowingly exceeded their legal powers. Yes, both the current and prior Boards knew of this issue. Just read the Elaine Gatsos' letter from 1995!

What is this Board to do! What to do! Oh, what to do! Do what was planned in the fall of 2000. Get a knowledgeable, competent, and experienced firm of attorneys and have this issue studied and evaluated. Get a detailed legal opinion supported by case law, Florida Statutes, Court rulings, and signed by the attorneys. Publish it in full for the community to read and decide for themselves. NO MORE SECRETS! Let the chips fall where they may.

If you would like more information, please contact Don Hulse.

Last modified: June 13, 2001

Send in your comments! email webmaster@palmettopines.com

This website is for information only. Any information presented here will be accurate to the best of our abilities, but you should consult a lawyer for legal advice. The webmaster and hosting company disclaim any liability for the information contained herein, and will not be responsible for the use of said information. All Rights Reserved, Copyright 2001.