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.
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.
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.