Monthly Archives: October 2020

Amending the 1973 IH Governing Documents

IH Declaration of Restriction and By-Laws were created in 1973 by the Developers, protecting the Developers’ interests and their vision for Indian Hammock.

Amenities that did not exist in 1973 are now essential and changed the way communities operate.

Since 1973 Indian Hammock transformed from a Hidden Weekend Retreat lots and cabins to mostly full-time and some part-time residences of an outdoor-oriented community.

The needs of Indian Hammock Owners changed, and the Governing Documents need to be revised and be updated to accommodate the technologies and demographic changes that took place since 1973.

Considerations for the Revised IH Governing Documents:

Smart Phones.
Online Shopping.

Demographic changes:
Reduce interference of the BOD on owner Full-time and Part-time residences.
Remove restrictions that suppress the Owners’ sustainability.

Let start a polite conversation.
Suggestions, opinions, and ideas are more than welcome.

Response to IH BOD proposed version of the “Book of Rules.”

Dear Board of Directors (BOD)
The following is my response to your latest proposed version of the “Book of Rules.”

Page 4.
General Rules:
1.1. You don’t have the “exclusive responsibility and authority in the management and maintenance” of my lot 246, which is part of “the property.”
I have such responsibility and authority.

1.2. You are missing the main point; this is the place to make a statement:
No rule shall apply if it contradicts or violates the Declaration of Restrictions.

1.6.10 “Rules and regulations adopted by the Board” does not regulate activities on my lot 246. Only the Declaration of Restrictions and the By-Laws do.

Page 7
7.3 Unattended Status: Total nonsense. You can’t block my access to my Lot 246; I am entitled to free access 24 hours, seven days a week each day of the year.

Page 8
8. Driving Privileges.
Driving is Owner’s Right, subject to Florida Laws.
No BOD can take away my right, and replace it with a “privilege”, to drive from the gate to my lot 246.

Page 11
Property Use:
11.1 This is an admission and announcement by the BOD that they will continue to ignore and violate the Declaration of Restrictions when the BOD allows itself to do so.

The BODs are “struggling” to justify that in contradiction to currently existing rule 27, they violated the Declaration of Restrictions and entered into a contract for picking palmetto berries; they have done it in 2019 and again in 2020.

Adding the words “for the financial benefits of the club” has no meaning or weight, BOD, you govern within the power limitations instated by the Declaration of Restrictions, or you are a renegade BOD fabricating laws to amend the Declaration of Restriction without obtaining 2/3 of the owner votes.

11.2 The BOD states that the Declaration of Restrictions forbids Berries Picking but makes a rule that allows Berries Picking.

Page 11
13. Animal Restrictions
13.1 The BOD is adding a Restriction camouflaged as a Rule.
This Restriction can’t be enforced without amending the Declaration of Restrictions with the required 2/3 owners’ votes

Page 12
15.1.7 If the Tenant is not allowed to use Indian Hammock amenities (see page 13 paragraph 15.3.1), why should the owner also give away his right to use Indian Hammock amenities?

Page 14
Paragraph 16.
This issue is covered in The Declaration of Restrictions.
It should not be rewritten here.

David Etzion
Lot 246

Upcoming Election – Asking for Proxies’ Holders Names and the number of proxies.

January 2019 election was determined by:
Proxies Used and Unused – 115 of 299, being 38.5% of the voting power.
In Attendance – 81 of 299, being 27.1% of the voting power.
(103 Votes, being 34.4%, did not participate in any way.)

In the January 2019 election, a candidate needed 79 or more votes to win a board seat.
The bigger three or so proxies’ holders can determine the outcome of the election,
agreeing which candidates they will jointly support and put on the BOD.

Our documents allow this faulty Election System and should be changed to establish a much better-updated system that will incorporate computers, the internet, emails, video conference, etc. All were not in existence when Indian Hammock documents were written.
It probably will take years to achieve these changes, as it requires 2/3 of the voting power

My goal and the reason for this posting is to achieve some transparency BEFORE the upcoming election.
I call on the BOD to publish and advertise the names of the five biggest proxies’ holders in each of the last three elections and the number of proxies each had.
I call on the BOD to make it a standard procedure to provide this information each year.

I understand this is not a “priority” for the BOD members who may enjoy the current system.

If you wish to bring a little transparency to the upcoming election, help put the pressure on the BOD and join me in demanding the list of names and the number of proxies each had.