Category Archives: BOD Fiduciary Duties

Response to IH BOD proposed version of the “Book of Rules.”

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: 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