Category Archives: Book of Rules

Is there an enforceable “25’ Buffer” in Indian Hammock?

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This argument is NOT about if “25’ Buffer” is good or bad Idea.
This argument is about is there is an enforceable “25 Buffer” in Indian Hammock or not.

The assumption of an enforceable “25’ Buffer” is based on Rule 11 in the Book of Rules.
Rule number 11 says:
11.1 The Club’s Land Clearing, Landscaping and Building Guidelines, adopted as Rules regulating clearing and construction by the Board August 19, 2007, are incorporated herein by reference as a rule.

I was told that Rule 11 was voted on by the BOD and added to the Book of Rules in 2010.
I was told that the current version of the Land-clearing/Landscaping packet is identical to the August 19, 2007 version.

Page one of the Land-clearing/Landscaping packet contains the following statement:
“…The land-clearing/landscape packet was produced in accordance with the Declaration of Restrictions of Indian Hammock…”          
This statement is not true.
Rule 11 and the Land-clearing/Landscaping packet are in violation to the Declaration of Restrictions.

The Land-clearing/Landscaping packet violates the Declaration of Restrictions in the following  two paragraphs:
On page 3 paragraph 8. – the land-clearing/landscape packet says:
“A natural buffer of twenty-five feet must be left around all property lines. Property lines that have a utility easement in use should have a natural buffer of twenty-five feet beyond the easement.”

On page 4 paragraph 1. – the land-clearing/landscape packet says:
“…A buffer of twenty-five feet must be left around all property lines. Property lines that have a utility easement in use should have a natural buffer of twenty-five feet beyond the easement. It is the responsibility of the land owner/Member to ensure these buffer zones are kept intact during clearing.  Fines and/or the requirement to replace the vegetation can be imposed. Should this area be void of vegetation on your lot, additional landscaping material may be needed. It is preferable that this be the natural vegetation of Indian Hammock. If a fence is proposed, this buffer should work to complement the design of the fence.”

These two paragraphs must be rephrased to what they used to be, a guideline of what is desirable, not to be stated as if they are the “Law of the Land”
The Declaration of Restrictions does not contain a Deed Restriction that takes away the Owner’s Rights, or controls the vegetation in the “25’ Buffer” and gives this control to the BOD.

The Declaration of Restrictions already has a Deed Restriction that covers the Owner’s land near the lot’s boundaries; it is the 50’ No Build Zone.

Article VIII Section 3 says:
“No building shall be erected on any Residential lot closer than 50 feet to the front, side or rear lot line thereof…”

Nowhere in the Declaration of Restrictions is a “25’ Buffer” incorporated into the 50’ No Build Zone.

A 25’ Buffer Zone with vegetation restrictions can only be added to the Declaration of Restrictions by amending the Declaration of Restrictions, requiring a 2/3 majority vote of all Owners/Members

For more about Restrictions, Rules, and What is this fight about:

https://atomic-temporary-171884562.wpcomstaging.com/2020/02/07/what-is-this-fight-about/

What is this fight about?

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Let us start with definitions:

Restrictions – Individual Owner’s Rights that Owners agreed to sacrifice in order to create a livable community. Restrictions should be kept to the bare minimum; only 2/3 Majority of Owners’ vote can add, remove, or amend a restriction.

Restrictions are part of the Declaration of Restrictions.
Example of a Restriction is the “50’ No Build Zone” in the Declaration of Restrictions, Article Viii Section 3:
“No Building shall be erected on any Residential lot closer than 50’ to the front, side or rear lot lines…”

Rules – Managerial, Administrative and Operational Regulations that do not take away Individual Owner’s Rights.

Rules can’t be in conflict with the Declaration of Restrictions or the By-Laws.
Rules are suggested by the BOD to the Owners for discussions and are voted in by the BOD. Rules are part of the BOD Book of Rules.
An example of a Rule is the “Establishing of Committees”  in the Book of Rules 1. General paragraph 2.1
“The Board shall at its first meeting of the New Year, establish by written resolution its committees for the coming year (“Committee or Committees”) and the role of each Committee”

What are we fighting for and why.

Over the years when the BODs did not believe they would get the required 2/3 Majority Owners vote, chose to pass Restrictions disguised as Rules, and incorporated them in the Book of Rules.
This practice illegally shifted Power and Rights from the Owners to the BODs.
The goal is to restore this power and rights back to the Owners by forcing the BOD to cancel those illegal Rules; alternatively, the BOD can try to get the required 2/3 majority vote of the Owners.

The goal is to Restore power and rights back from the BOD to the Owners.

It will require time, effort and perseverance as the BODs will fight back using all their assumed power to maintain the gain in power they have achieved.
With time, using information channels that were not available when Indian Hammock started, we will be able to get transparency and information that is not easily available now, share it, and get enough Owners involved in order to shift the power and Rights back to where they belong.

The Notorious Buffer Restriction #4

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Indian Hammock’s BOD, in violation of the Declaration of Restrictions, put a 25′ Buffer Deed Restriction into the Book of Rules.

The process was slow and took many years, and it was carried out in stages by a few BOD.

The following information was obtained from longtime residents of Indian hammock.

Sometime in 1998 the idea of a 15’ Buffer was put by the BOD, as a non-enforceable Guideline and recommendation to the Owners/Members.

Over the years from 1998 to 2007 this non-enforceable Guideline was extended from 15’ to 25’.

In 2010, the BOD chose to add these Guidelines as “Enforceable Instructions” to the Book of Rules via Rule 11; creating a “25′ Buffer Deed Restriction”.

One may suggest that this was an “Honest Mistake”.
Others suggested that the BOD was aware of the fact that getting a 2/3 majority vote from the Owners/Members, in order to add a 25′ Buffer Deed Restriction to the Declaration of Restrictions would be a “mission impossible”.
The BOD decided to change the 25’ Buffer idea from a non-enforceable guideline to something they might be able to enforce.
The BOD put it to the Owners/Members “consideration” and then voted it into the Book of Rules, to become Rule number 11.

Rule number 11 in the Book of Rules says:
11. Building
11.1 The Club’s Land Clearing, Landscaping and Building Guidelines, adopted as Rules regulating clearing and construction by the Board August 19, 2007, are incorporated herein by reference as a rule.

This is all the information I received in my 2017 “welcome package”.
This is all the information the new owners are receiving today.
The details of the above mentioned “2007 Guidelines” do not appear in rule 11, or anywhere else in the Book of Rules.

Some Board Members tell me that they are the same Guidelines that are included in the current Land-clearing/Landscaping packet.

A 25′ Buffer Guidelines were just established in February 2020 by the Ad Hoc Buffer Committee and if they are going to become part of the Land-clearing/Landscaping packet they will be, according to the BOD, enforceable instructions, not just Guidelines.

The Book of Rules

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I could not get any information when exactly the “Book of Rules” came into existence.

The Book of Rules ends with a list of amendments and their dates; it also states “Adopted October 17, 2010”

I also could not find out how each issue covered in this “Book of Rules” was established and made into a “Rule”.

My view about this Book of Rules is as follows:

  • It contains some contradictions to the Declaration of Restrictions.
  • It inflicts numerous Restrictions and takes away Owners/Members’ rights, practically amending the Declaration of Restriction, freely at will.

 Part of this “Book of Rules” is a “Book of Restrictions” all put forward by numerous Boards of Directors, without being voted on and accepted by the Owners/Members 2/3 majority vote.

Some of the content of this “Book of Rules” is illegal and unenforceable, and will stay like this, no matter if it is a “good idea”, “justified” or anything else until it is put for a vote to the Owners/Members and get 2/3 majority vote.

This is a very serious and important issue, probably the most important one for each and every Owner/Member in Indian Hammock. It was overlooked for years and needs to be addressed.