The Notorious Buffer Restriction #4

Indian Hammock’s BOD, in violation of the Declaration of Restrictions, put a 25′ Buffer Deed Restriction into the Book of Rules.

The process was slow and took many years, and it was carried out in stages by a few BOD.

The following information was obtained from longtime residents of Indian hammock.

Sometime in 1998 the idea of a 15’ Buffer was put by the BOD, as a non-enforceable Guideline and recommendation to the Owners/Members.

Over the years from 1998 to 2007 this non-enforceable Guideline was extended from 15’ to 25’.

In 2010, the BOD chose to add these Guidelines as “Enforceable Instructions” to the Book of Rules via Rule 11; creating a “25′ Buffer Deed Restriction”.

One may suggest that this was an “Honest Mistake”.
Others suggested that the BOD was aware of the fact that getting a 2/3 majority vote from the Owners/Members, in order to add a 25′ Buffer Deed Restriction to the Declaration of Restrictions would be a “mission impossible”.
The BOD decided to change the 25’ Buffer idea from a non-enforceable guideline to something they might be able to enforce.
The BOD put it to the Owners/Members “consideration” and then voted it into the Book of Rules, to become Rule number 11.

Rule number 11 in the Book of Rules says:
11. Building
11.1 The Club’s Land Clearing, Landscaping and Building Guidelines, adopted as Rules regulating clearing and construction by the Board August 19, 2007, are incorporated herein by reference as a rule.

This is all the information I received in my 2017 “welcome package”.
This is all the information the new owners are receiving today.
The details of the above mentioned “2007 Guidelines” do not appear in rule 11, or anywhere else in the Book of Rules.

Some Board Members tell me that they are the same Guidelines that are included in the current Land-clearing/Landscaping packet.

A 25′ Buffer Guidelines were just established in February 2020 by the Ad Hoc Buffer Committee and if they are going to become part of the Land-clearing/Landscaping packet they will be, according to the BOD, enforceable instructions, not just Guidelines.

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