A motion to have up to five chickens, no rooster

On January 17, 2021, in our Annual Members Meeting, one of the members initiated a motion to amend the Declaration of Restrictions to allow up to five chickens, no Rooster, per residential dwelling.

The members voted as follow:

YES      168

NO       53

I am thrilled that out of the 221 votes, 76% SUPPORT and WANT members to have chickens in IH, with the limitation of a maximum of five and no Rooster.

Unfortunately, to change the outdated 1973 Deed Restriction, we legally need 200 votes out of the 299 total IH available votes.

Our request can be better conveyed to the 299 total possible votes in IH.

IH lawyer should prepare a suitable document, with the motion to amend the Declaration of Restrictions, to allow “up to five chickens, no Rooster,  per residential dwelling .”

This document should be email or snail-mailed by the BOD to each of the 299 voting members of IH.

I hope that IH’s local governing body, being the BOD, realizes that if a YES got 76% of the votes and a NO got 24% of the votes, they have to get involved and serve the members’ wishes.

I am ready to meet and discuss it with any member of our “fresh” 2021 BOD.

I also ask you to support me, contact our BOD members, and motivate them to serve the members’ wishes.

Thank you

David Etzion
Lot 246

What I want to achieve and what I will use GoFundMe for.

What needs to be fixed

Indian Hammocks Hunt and Riding Club (IH) Declaration of Restriction and By-Laws were created in 1973 by the Developers, protecting the Developers’ interests and vision for IH.
Amenities that did not exist in 1973 are now essential and changed the way communities operate.
Since 1973 IH has transformed from a Hidden Weekend Retreat lots and cabins to mostly full-time and some part-time residences of an outdoor-oriented community.
IH Owners’ needs changed, and the Governing Documents need to be revised and updated to accommodate the technologies and demographic changes that took place since 1973.
The outdated documents and IH members’ apathy allowed the IH BOD to overstep their authority and caused erosion in IH Owners’ rights.  

What I want to achieve

As of November 2019, I am campaigning for IH’s Owners’ Rights and got to the stage where actions and finance are needed to achieve important goals.

I will use GoFundMe to benefit the IH members, desiring changes in IH outdated Declarations of Restrictions and By-Laws and looking for restoring and protecting the Owners’ rights in Indian Hammock.

These are the three issues/goals I intend to address.

1. Restore and Promote Owner’s rights on his Lot:

We already have three Governmental bodies imposing Restrictions and Laws, limiting individuals’ usage of their privately owned Lot.
We have Federal Laws, State Laws, and County Laws.
It makes no difference if one believes that there are too many of these Laws or not enough; we cannot change or remove any of these Laws or Restrictions by voting in IH.
I believe that we should not further restrict Owners on what they can do or can’t do on their Lot.
I believe we should not add more laws and restrictions in a fourth, lower governmental body, being IH Club and its Board of Directors (BOD).
The BOD should not be allowed to establish any Guideline, Law, or Restriction concerning an Owner’s Lot; we have enough of those imposed by the Federal, State, and County

Let remove the Laws and Restrictions imposed on Owners’ Lot by IH Club and the BOD.

2. Enforcement in Indian Hammock to be done by Okeechobee County:

IH does not have the workforce or the financial resources, and many times the BOD lacks the interest to enforce the restrictions and laws.
This fact creates selective enforcement, total injustice, and a high level of animosity and mistrust.
The management or any objecting Owner can refer all alleged violations to Okeechobee County.

3. Limiting the BOD control in the Common Area:

The BOD will have the authority to manage the common area.
The BOD should only administrate and maintain the common area.
The BOD should not be allowed to make any changes to the common area’s usage without obtaining 200 or more votes supporting such change.
The BOD Should not issue any law or restriction in contradiction to the Declaration of Restriction or the By-Laws.

What will be paid for by “GoFundMe”

A.  Obtain and maintain Email Marketing Software to keep supporting owners informed.
B.  Hire legal services to:
      1.   Research IH Documents.
      2.   Established the legal procedures to amend IH documents in the spirit of the above set goals.
      3.   Prepare proxies requests to obtain 200 votes for each required change.
      4.   Deal with the BOD to secure the amendments to the Declaration of Restriction and By-Laws.

Join me if you agree.

David Etzion
Lot 246

GoFundMe

This GoFundMe will be used to benefit the members of Indian Hammocks Hunt and Riding Club (IH), desiring changes in IH outdated Declarations of Restrictions and By-Laws and looking for restoring and protecting the Owners’ rights in Indian Hammock.

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.

The outdated documents and IH members’ apathy allowed the IH Boards of Directors to overstep their authority and caused severe erosion in IH Owners’ rights.  

As of November 2019, I was personally campaigning for IH’s Owners’ Rights and got to the stage where actions are needed to achieve our goals.

I cannot do it without your help, which will enable us to obtain professional channels of communication and the legal advice and actions necessary.

Please join me in these critical tasks.

David Etzion
Lot 246

Chickens is a HOT TOPIC in our “Nexdoor’s Neighborhood”

Join us on NEXTDOOR and voice your opinion.

https://nextdoor.com/invite/nkfzlbjsxlfxlztbkdpr

Chickens in Indian Hammock is a HOT TOPIC in our “Nexdoor’s Neighborhood”

What else you can do on Nextdoor?
It’s where communities come together to greet newcomers.
Exchange recommendations.
Read the latest local news.
Where neighbors support local businesses and get updates from public agencies.
Where neighbors borrow tools and sell couches.

Allow Greater Sustainability in Indian Hammock

I am looking for members that share my concerns and wish to promote Sustainability in Indian Hammock.

I am not trying to convince or change anyone’s political ideas or beliefs; I am merely stating why greater Sustainability is of utmost importance.

There are two irreconcilable philosophies/armies at war in the USA.

The “Globalists”
The upcoming government, with Joe Biden as the president, most of the Democrat Party, and a significant part of the Republican Party.
The “America First”
Mostly President Donald Trump’s supporters and a part of the Republican Party

The “Globalists,” which from now on I will call “America Last,” won a significant battle, the 2020 election.
There is no fraud, fair, or cheating in a war, only a loser and a winner. In this battle, “America Last” is the winner, and “America First” is the loser.

Following its great success, “America Last” went into a full-scale war.
This war does not use guns, but a much more powerful weapon, control of communication and information,  “America Last” has won in Weaponizing the Internet.

It does not matter if you support “America First,” “America Last,” or simply do not care for any of them.

Things are not going to be the same.

Expect disruptions in everything we currently take for granted.

Sustainability will be the most critical thing in your life soon.

We are lucky to live in Indian Hammock, a place away from the main population, where a much greater Sustainability level is possible.

I am advocating for the removal of any restriction that limits the owner’s Sustainability.

I am starting with allowing chickens in Indian Hammock.

The Declaration of Restriction does not allow chickens in Indian Hammock.

This outdated restriction must be removed by 2/3 of owner votes ASAP.

Until it is done, I am in full support of any owner who keeps chickens on his property, especially if they are only eggs laying hens.

I call on the BOD and the Management office to allow chickens in Indian Hammock.

Our BOD is baldly stating that “Berry Picking” is not allowed as per the Declaration of Restriction.

Yet, have no problem doing it “for the good of Indian Hammock.”

Please join me in allowing greater Sustainability in Indian Hammock.

David Etzion
Lot 246

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:

Technologies:
Computers.
Internet.
Smart Phones.
Email.
Zoom.
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.”

2020-10-19
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:
7.3.1.3 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

https://ihmyhome.wordpress.com

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.

Nextdoor – Indian Hammock

Please join your neighbors on Nextdoor:
https://nextdoor.com/invite/nkfzlbjsxlfxlztbkdpr

Nextdoor is a hyper local social networking service for neighborhoods. The company was founded in 2008 and is based in San Francisco, California. Nextdoor launched in the United States in October 2011, and is currently available in 11 countries. Users of Nextdoor are required to submit their real names and addresses (or street without the exact number) to the website; posts made to the website are available only to other Nextdoor members living in the same neighborhood.

The Declaration of Restrictions is the Law in Indian Hammock.

The Declaration of Restrictions is what its name implies, Restrictions, taking away some of the Individual Owner/Member’s Rights, in order to create a livable Community.

The Declaration of Restrictions contains all of the Deed Restrictions and it is the only document a Deed Restrictions can be placed.
Deed Restrictions cannot be amended, added, or removed without being voted on by the Owners and getting a 2/3 majority vote of the Owners.

The Declaration of Restrictions also contains those Guidelines, Rules and Regulations which cannot be added to, removed from, or amended without being voted on by the Owners and getting a 2/3 majority vote of the Owners.

The Declaration of Restrictions protects the individual Owner/Member’s rights by establishing that any future restriction on individual Owner/Member’s rights can not be done without being voted on by the Owners and getting a 2/3 majority vote of the Owners.

The Declaration of Restrictions Article XII – General Provision; Section 3. says: “The Club, by two thirds (2/3) vote of approval of the membership, may modify, amend or add to this Declaration of Restrictions.”

The 2019 Florida Statutes 720.306; Section (b) says: “Unless otherwise provided in the governing documents or required by law, and other than those matters set forth in paragraph (c), any governing document of an association may be amended by the affirmative vote of two-thirds of the voting interests of the association.”

The Declaration of Restrictions only gave the Board of Directors the authority to create Rules and Regulations relating to administration and management, as long as those Rules and Regulations are not in conflict with the Declarations of Restrictions.
Only such Rules and Regulations can be voted in by the majority of the Board of Directors.