Monthly Archives: August 2022

Update 2022-08-30 Club’s Violation – Rule1-1

2 Replies

As of February 2021, I am arguing the issue of Owners’ Rights in Indian Hammock.
The best example of the Club encroaching on Owners’ Rights is the Club Rule 1-1 in its Book of Rules.

The Club insists it has exclusive authority in managing my lot 246, precisely as it has exclusive authority in managing Indian Hammock common ground.
I bought, paid for, and got a fee simple deed to my Lot 246 in Indian Hammock; yet another party claims it has the sole control in managing my Property.

The Club based its view on the Indian Hammock Declaration of restrictions, and
I argue that the Club’s interpretation of the relevant clause in the Declaration of restrictions is wrong.
If the Club’s interpretation is correct, this applicable clause in the Declaration of Restrictions contradicts real estate ownership law, making it invalid.

On 2022-08-24, I met with the Club’s President and the Club’s Manager; the same day, I submitted the following:

 Dear Tom and Bob,
In our Meeting today, I proposed changing Rule 1-1 to say:

“The Club shall have the exclusive responsibility and authority in the management and maintenance of the common ground for the benefit of all the members. Each member shall have the exclusive responsibility and authority in the management and maintenance of their lot, subject to the deed restrictions set up in the Declaration of Restrictions. The Club shall be managed and controlled by the Board. Only the Board can obligate the Club, and the President must sign all contracts.”

I explained my interpretation of the Declaration of Restrictions and why I think such a change in Rule 1-1 does not contradict the law of the land and the Declaration of Restrictions.

See also Rule 1-1 and my Interpretations to the Declaration of Restrictions (February 18, 2021)

I don’t have the legal expertise to produce a professional legal opinion about this issue, nor does the club board of directors.
As discussed, the Club will contact its lawyer and request a legal Report/Opinion about the issue. Such a report will be made known to all of the owners.
If the report supports my interpretation, Rule 1-1 will be voted on to be changed accordingly.
If the report supports the current Rule 1-1, stating that an owner has no say whatsoever in the management of his Property, then all efforts should be made to call a special member meeting and put this issue to vote.

Knowing that a change to the Declaration of Restriction requires 200 votes, the club lawyer should be consulted about doing the voting by mail or any way that will encourage high participation of owners.

As mentioned, I will be happy to meet with the Club’s lawyer to discuss.

Please confirm receiving. 

Regards
David Etzion
Lot 246

On 2022-08-25, The Club advised me that it forward my email to the Club’s lawyer.
I await the Club’s lawyer’s input within two weeks and will keep updating this page.

Indian Hammock Hunt and Riding Club’s Manager Office

1 Reply

About two years ago, I tried to get information and learn about the Indian Hammock Hunt and Riding Club’s (IH) Manager’s Office.

I could not find Work Descriptions for IH employees in the Manager’s Office.
I found a big folder containing many documents covering “Manager’s Responsibilities” and tasks, practically making the Manager responsible for “all that may happen in this world.”

IH Management Office can’t have one individual responsible for Legal Compliance and Law Enforcement, Managing the maintenance of IH facilities and Projects.
These two different tasks require individuals with different qualifications.

I am calling for a change in the Manager’s Office.

There should be two appointees:
1. Work Manager
2. Legal and Enforcement Manager

Work Manager
The Work Manager should have experience managing maintenance, construction, project, and accounting skills.
The Work Manager should manage the Facilities and Projects in the Common Areas, utilizing IH employees, equipment, and subcontractors.

Legal and Enforcement Manager
The Legal and Enforcement Manager should be an experienced lawyer specializing in Homeowners’ Association Law.
The Legal and Enforcement Manager should supervise the Club’s Board of Directors (BOD) and Members’ meetings and restrain BOD’s members from acting in contradiction to the Club’s documents.
Should ensure that claimed violation will be dealt with per the procedures in the Club’s Documents.
Should supervise that Club’s Rules and Committee’s SOP will align with the Club’s Declaration of Restrictions and By-Laws.

IH doesn’t have a Legal and Enforcement Manager, and IH Work Manager is not qualified to and cannot carry out the Legal and Enforcement tasks.

The Legal and Enforcement Manager should be “appointed by the people” (The Owners), not the “Local Government” (The Club’s BOD). He can be proposed by the Club’s BOD or any Owner but must be voted in and approved by the owners and can’t be dismissed or replaced by the Club’s BOD without the owners’ approval.

Unless done, the Club will accumulate more court cases and legal costs.

Indian Hammock Homeowners Group

1 Reply

The Indian Hammock Hunt and Riding Club, Inc (the Club) is a Florida corporation formed on December 20, 1973.
In 1973 the Club filed Three governing documents:

  1. Articles of Incorporation.
  2. Declaration of Restrictions. (Amended and restated later, on November 2, 1998)
  3. The By Law.

These three documents established a governing system (the System) for the operation and governing of the Club.
A Forth Document, The Book of Rules or Club Rules, appeared much later.
It was not created with legal expertise and was changed and rewritten at will by the Club’s various Board of Directors.

The System was created to govern members utilizing the Club amenities like Hunting, Horse riding, Shooting, and Flying small Airplanes. Those members were camping on the bought lots or in weekend retreat bungalows.
No one can purchase a lot or a home in Indian Hammock without joining the Club.

About a quarter of Indian Hammock’s 3,600 acres was sold to members. The Club owns the remaining three quarters, with an obligation to manage the common areas for the benefit of all the members.
The members have “Ownership” of the common areas and the right to use them via their memberships in the Club.

Things have changed in half a century; we are now primarily a Residential Community of Homeowners, many living in Indian Hammock full time.
The System is unsuitable for Homeowners living in Indian Hammock full-time or part-time.

Over the years, the System developed a Club’s lawless culture, creating injustices like:

I am calling for forming an Indian Hammock Homeowners Group (the Group), consisting of homeowners who are ready to work together to change the existing System while following and obeying the three documents of 1973.

Until the System is changed, the Group will finance obtaining legal advice and take legal actions whenever the Club acts illegally or unjustly.