Club’s Book of Rules Violation – Case #2

I received an email from the Club stating:
“In the next couple of weeks we will begin picking palmetto berry’s in the common areas thru-out the hammock. If you want your personal lot picked, please call the office to be placed on the list. You will receive a call ahead of time prior to a crew showing up. “

Let me be clear.
I am not raising this issue to discuss if Berry Picking is good or bad.

For years, the Club has been aware that Berry Picking is in Violation of the Declaration of Restrictions.

This issue shows the Club’s continual disregard for its Documents.

The Club Book of Rules contains Rule 11.1
“In accord with the Club’s Declaration of Restriction, Article X Section 3, the harvesting of palmetto berries on the Common Property is prohibited unless approved by the Board of Directors for the financial benefit of the Club.”

The Club acknowledged that Berry Picking is not in line with keeping the natural environment; therefore, Berry Picking is forbidden.

Article X, Section 3 does not contain the wording:
“unless approved by the Board of Directors for the financial benefit of the Club.”

The Club intentionally misquotes Article X, section 3 in Rule 11.1, adding “unless approved by the Board of Directors for the financial benefit of the Club.”

The idea that for financial gain, something forbidden by the Declaration of Restrictions can be allowed by the Club is unacceptable.

We must change the failing governing system in Indian Hammock before legal costs mount to an unbearable level.