Rule 1-1 and Interpretations to the Declaration of Restrictions

The Declaration of Restrictions is the Club’s most important legal document.
When the BOD and Owners argue about the Declaration of Restrictions, each side presents his interpretation of the Declaration of Restrictions.

One must evaluate if any interpretation is illegal and in conflict with Federal or State law; an interpretation that conflicts with Federal or State laws cannot be considered.

I do not have a problem with the Declaration of Restrictions; I have a problem with the Club’s BOD illegal interpretation as presented in Rule 1-1 in the Book of Rules.

The BOD’s wrong interpretation of the Declaration of Restriction goes against Federal and State property laws and cannot be considered.

The Declaration of Restriction states:
“the Club was expressly created to have exclusive responsibility and authority in the management and maintenance of Indian Hammock Hunt and Riding Club (the “Property”),”

My interpretation is as follow:
When the Club was created in 1973, it held all the deeds to the Common Areas and the 299 numbered lots; therefore, this statement did not contradict any Federal or State laws.
Each time the Club sold one of the 299 numbered lots to an Owner, the Club also transferred the exclusive responsibility and authority to the Owner, the new holder of a Fee Simple deed to the lot.

Suppose the Declaration of Restrictions’ goal is for the Club to retain forever the exclusive responsibility and authority on the 299 numbered lots, as Rule 1-1 implies. In that case, the Declaration of Restrictions should have said, “the Club will have exclusive responsibility and authority in the management and maintenance of Indian Hammock Hunt and Riding Club (the “Property”).” and the Club will not be able to sell the numbered lots. The Club may be able to rent them to Members, and the Club could not transfer any of the deeds.

This Rule 1-1 is the most critical issue in IH; it represents BOD’s attitude that cannot be tolerated by Owners and must be speedily removed from the Book of Rules.

The BOD must consult its lawyer before brushing off the Owners’ interpretations; if this issue is not settled amicably, then an impartial legal firm should be obtained by the disputing Owners and the BOD. Not following this route will lead to Owners being forced to litigation, a painful and costly exercise for the Owners, not so much for the BOD members.

Fellow Owners, please let me know if you agree and ready to discuss our options.

David Etzion
Lot 246
Indian Hammock Owners’ Voice
https://IHMyHome.com
Indian Hammock Owners’ Rights
https://www.facebook.com/groups/188079885581793

OWNER vs. MEMBER and “Book of Rules” Rule 1-1

When one buys a lot in Indian Hammock, he becomes an OWNER. He holds a “Fee Simple” deed to his PROPERTY.

Each OWNER undertook to become a MEMBER in Indian Hammock Hunt and Ridding Club (the CLUB).

When an OWNER becomes a MEMBER in the CLUB, it makes him subject to the CLUB’s administrative rules and regulations; it also gives him RIGHTS in the CLUB’s PROPERTY, the COMMON AREAS
On the other hand, being a MEMBER in the CLUB does not give the CLUB any RIGHT in the OWNER’s PROPERTY.

Federal and State Property Laws protect the OWNER’S EXCLUSIVE authority in his PROPERTY.
The OWNER’s RIGHTS are only restricted by the County zoning and usage codes and the CLUB DEED’s RESTRICTIONS.

In December 2020, the CLUB’s BOD adopted Rule 1-1 in its Book of Rules, stating the following: “The club shall have exclusive responsibility and authority in the management and maintenance of the Property, including Common Areas”

Rule 1-1 transfers all of the OWNER’s RIGHTS in his PROPERTY, granting them to the CLUB’s BOD.

The following is the legal definitions of EXCLUSIVE:
“Shutting out; debarring from interference or participation; vested in one person alone. An exclusive right is one which only the grantee thereof can exercise, and from which all others are prohibited or shut out. A statute does not grant an “exclusive” privilege or franchise, unless it shuts out or excludes others from enjoying a similar privilege or franchise.”

I call on OWNERS to join me in motivating the BOD to immediately remove Rule 1-1 from the current Book of Rules.

David Etzion
Lot 246

IH Owners’ communication channels.

I love Indian Hammock, the best place to call home.

Over the past year, I opened four communication channels, starting with my website: IHMyHome.com More than 100 members are regularly visiting my site IHMyHome.com; you need a WordPress account to leave a comment.

The Nextdoor Neighborhood, Indian Hammock is growing with 80 users by now.
It is a great place to place your posting, share recommendations, create or join groups, etc.

The MeWe group Indian Hammock Hunt and Ridding Club is new; I started it in December 2020 as the best alternative to the abusive Facebook. MeWe established itself as the Anti Facebook, claiming: No Ads. No Spyware. No BS. Your information is Not For Sale.

I still keep the Facebook group Indian Hammock Owners’ Rights open for the convenience of more than 50 group members.

Anyone can choose a communication cannel he is comfortable using. 

1.        Website: Indian Hammock Owners’ Voice  IHMyHome.com

2.         Nextdoor Neighborhood: Indian Hammock
Group 1: live and let live – Defend Owner’s Rights in Indian Hammock.
Group 2: Allow Greater Sustainability in Indian Hammock

3.         MeWe Group: INDIAN HAMMOCK HUNT AND RIDING CLUB

4.         Facebook Group: Indian Hammock Owners’ Rights

live and let live
David Etzion

Lot 246

Join our Nextdoor’s neighborhood INDIAN HAMMOCK

Nextdoor has more than 180,000 different neighborhoods
Each neighborhood has boundaries containing a specific area, and anyone living within this area can join his “neighborhood.”

In 2019 I created a Nextdoor’s neighborhood INDIAN HAMMOCK, which contains the 299 lots owned by our community members.

Anyone that owns a lot in Indian Hammock can accept my invitation by clicking on Indian Hammock.

To join, you will need to enter your address:
32801 US Highway 441 N (Enter your lot Number)
Okeechobee, FL 34972

Joining us will enable you to communicate with the other 80 owners/members of the Indian Hammock Hunt and Riding Club, who have already joined.

In Nextdoor, you can:
• Advertise items for sale or donation.
• Request or provide recommendations for service providers such as contractors, doctors, restaurants, etc.
• Provide or request advice from local experts.
• Create or join a group of particular interest like Sustainability, Gardening, Dog, Etc.

Any member can initiate and do anything in Nextdoor.
Any member can invite neighbors to join (use the invite button on the top of the home page)

I hope you will join us.

David Etzion
Lot 246

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.