This is a complaint submitted under Article XIII, Section 2 of the Indian Hammock Declaration of Restrictions. I expect to receive a written response within 30 days of the date of this letter in accordance with the Declaration of Restrictions.
Dear Barbara Roberts,
I heard that the “Special Members Meeting” was cancelled by the BOD:
- Please identify the time, date and attending BOD Members when they met to vote on this cancellation.
2. Please provide when and where notification of this meeting was posted on the website as required by FS720303 (4) OFFICIAL RECORDS (m), and how it complied with FS720.303 (2) BOARD MEETINGS (a) (b) and (c) 1.
3. I am hereby officially requesting the minutes of that meeting as per FS720.3032 (3) MINUTES. As per FS720.303 (5) (a) I will expect to receive these documents within 10 days.
While on the subject, please provide the same information for the BOD meeting that occurred with a Burn Boss in the outback immediately after the last BOD meeting at the lodge. That burn meeting was conducting Hammock business, had witnesses including law enforcement, and was NOT disclosed at the BOD meeting held earlier. As you are well aware, per FS720.202 (2) BOARD MEETINGS (a) A meeting of the board of directors of an association occurs whenever a quorum of the board gathers to conduct association business.
At the BOD meeting held at the lodge, I spoke before the BOD and officially notified them of the Rule Violation committed by one of the Hunt Committee Co-Chairs. The Hunt Committee Co-Chair admitted his violation freely while speaking about this matter to the BOD. Please disclose what steps have been taken so far regarding that rule violation, and if as stated in the Meeting one or more Members of the BOD encouraged him to violate the IH rules in this matter. At that meeting, I also asked about the meeting that you, Albert Rossodivita, and Carla Sapp held with the Manager in his office. It seems you three IH officers apparently made him stay after normal working hours and had a meeting to inform him of new work requirements not stated on his original contract. He resigned shortly thereafter. Since such modifications of the Manager’s contract can only be a BOD decision, I request the same information referenced above regarding that meeting.
Furthermore, I hereby request per the same information cited above regarding when the BOD met to appoint Ron Sapp, the Vice-President’s husband, as the new IH Manager. I question why that information has not been posted on the website as required. Additionally, as per HB1203 the following information should have already have been posted on the website regarding Association Managers:
· Provide the members of the homeowners’ association the following information, post the information on the homeowner association’s website or application as required by section 720.303(4)(b), Florida Statutes, and update the information within 14 business days of any changes:
- Name and contact information for each community association manager or representative assigned to the homeowners’ association.
- Hours of availability.
- Summary of the duties performed by the community association manager or representative.
· Provide a copy of the contract between the community association manager or firm and the homeowners’ association to any member upon request. The contract must be included with the homeowners’ association’s official records.
Finally, yesterday you fired the current Manager Matt Doherty, who gave a 60 day notice as per his contract, five weeks before he was scheduled to leave. You took his access card, keys and had Ron Sapp drive him home, seemingly in an attempt to humiliate him. I challenge your authority to do so, as that is necessarily a BOD decision. I find it to be a despicable act by you and anyone else involved. I demand you provide when that BOD meeting occurred. I am hereby officially requesting the minutes of that meeting as per FS720 as cited previously, and have that information posted on the website. The entire Membership needs to be informed of your actions, and how each and every BOD Member voted. You swore an oath to uphold our rules and Florida statues, as did every other BOD member. Violations of the Statutes in FS720 are criminal, and I believe they should be prosecuted to the fullest extent of the law. To whit:
FS720.3033 (5)(d) Any director or member of the board or association or a community association manager who knowingly, willfully, and repeatedly violates paragraph (a), with the intent of causing harm to the association or one or more of its members, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. For purposes of this paragraph, the term “repeatedly” means two or more violations within a 12-month period.
FS720.3033 (5)(f) Any person who willfully and knowingly refuses to release or otherwise produce association records with the intent to avoid or escape detection, arrest, trial, or punishment for the commission of a crime, or to assist another person with such avoidance or escape, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
It is very unfortunate that it seems the current BOD has been acting in a manner inconsistent with the intent of our documents, Florida Law, and the best interest of the Community. I personally consider your actions regarding our Manager Matt Doherty, including his firing yesterday, to be absolutely and completely unconscionable. By all appearances, you have acted in a grossly negligent manner on multiple occasions. It seems you have not considered the ramifications of your actions, and their negative effect on all Members of the Club and the Indian Hammock Community.
Sincerely,
Matthew Rector
Lot 256
