March 2015 Blog

3/31/2015
Victims of ‘Ninja Robbers’ suing HOA
Article and Video Courtesy of Channel 9 News
By Nicole Papageorge
Published March 31, 2015

COLLIER COUNTY – Two victims of the so-called Ninja Robbers are suing their homeowners association saying the HOA did nothing to protect them.

In 2014, several armed men broke into five homes in Collier County, tied up their victims and stole cash, jewelry, even cars.

In a 200 page complaint, Sabrina and Mike Ferry, who live in the Estuary at Grey Oaks say their HOA was negligent in protecting them.

The Ferrys say their HOA knew about the home invasions, but never did anything to fix a missing piece of the perimeter fence. The Ferrys say that same fence is how the Ninja Robbers got into the affluent neighborhood then continued their crime spree in the Orlando area where they were finally caught.

Richard DeBoest is a partner at Goede, Adamczyk & DeBoest. He is not involved in the recent lawsuit, but represents several homeowner’s associations and recommends his clients to stay out of the security business.

“We tell them call it access control,” said DeBoest. “Don’t say we’re providing security because then if the security fails, they’re gonna say ‘well, you told us you were providing security.'”

DeBoest tells WINK News, the primary purpose of a homeowners association is to enforce the rules for landscaping, leasing, pets and parking. Basically, anything that could help keep property values up.

“Effectively, the money going to defend the lawsuit is going to come right out of the assessments that they’ve collected from all the homeowners including the family that is bringing the litigation,” said DeBoest.

A judge will have the final say on if the family wins an award, but DeBoest says if they do, it could mean extra fees for homeowners in the Estuary at Grey Oaks or a one-time special assessment.

3/30/2015

Looks like fun to some but it looks like a law suit to others since one like this is sitting on Majestic Oaks Homeowners Association property. Whose going to have to pay lawyers and damages when the Association gets sued by some fun loving person who gets hurt. Located at the 54th Court and 89th Place retention pond common ground.

3/28/2015 7:30 AM
Covenant Review
The following document is the 2004 approved Covenants with some additions and subtractions that were discussed at the covenant review committee meetings over the last few years.

Definitions:
Things to be remove = strike through
Things to be added = red font-color and underlined

The revision work is not done but it is getting close. It doesn't satisfy everyone’s preferences but it is moving towards consensus. The next meeting, and perhaps last meeting for people to have input is April 3, 2PM to 4PM at Freedom Library and all homeowners are welcome to attend and share their ideas. Upon reaching a consensus this document will go to the BOD who will have it reviewed by an HOA attorney to make sure it is in compliance with Florida Statutes. Once everything is in order it will be voted on by the homeowners. If Homeowners approve the revision it becomes the new covenant which is a binding contract everyone in Majestic Oaks is obligated to follow.

Please review, write down any additions or subtractions you would like to see and come to the next committee meeting.

2014-2015 Covenant Change Considerations

3/23/2015 7:30 AM
Marion County Utilitites
Some homeowners recieved a door knob hanger telling them the boil need was over.

3/23/2015 7:30 AM
Boil Water Notice Canceled
They say it's safe. Take a drink and then call me and I'll drink. Apparently the boil notice was just extra caution. T they never had an identified contamination but only a possible contamination do to possible back flow that might have happened do to the system being shut down.

3/22/2015 7:30 AM
Boil Water Notice On Door
7:30 AM Found a notice on the front door from Marion County Utility for PRECAUTIONARY BOIL WATER NOTICE. Looks like my neighbors got one too so hopefully everyone is informed.

3/22/2015
No Notice Yet BY Marion County
As of 12:45 AM some 6 hours after I received a heads up from a friend Marion County Utility still had not posted the alert on their website. The notice to the right is what they had at 12:45 AM on March 22. Their last alert was for another area for March 16,

3/21/2015
1.) Water Problem

A breakdown in the water system caused reduced pressure and perhaps a total shut down for a few hour Saturday March 21. Some sort of electrical problem had to be corrected. At this time Marion County Utility reports that all water used as potable water should be boiled for one minute before using it. This includes, drinking, washing dishes, brushing teeth, etc. Marion County Utilities number is 307-6000. They are closed on the weekends but wait until the end of the message and you will get instructions for speaking with someone.

2.) Thank You From Cancer Society Fund Raiser
Cliff James reports that his yard sale went well. "We did raise $600 for the America Cancer Society thanks to generosity of our friends and neighbors that contributed items and purchased items, or simply made cash donations. :) "

3/20/2015
The word on the street is that Covenant Enforcement has resumed.
Improperly parked vehicle, vehicles with commercial signs, trailers, campers and such are being zeroed in on and will soon be cited.

This is from http://www.californiacondoguru.com/FYI/fyi2005.html Case of the Month: $227,000 Worth of Daily Fines Upheld by California Trial Court Hope Ranch association had a big problem with one of its owners. Described as “the neighbor from hell,” the owner in question flagrantly violated rule after rule ... by blocking horse trails, screening in his property, installing flood lights, and converting a section of his property into a parking lot. In an attempt to force compliance, the association imposed a daily $100.00 fine until the owner cured the violations. Undeterred, the owner refused to comply with the association’s rules. Hope Ranch then found itself in court, defending the $227,000 fine that the owner had accumulated. The court found in the favor of Hope Ranch, holding that “Hope Ranch did not abuse its discretion in finding continuing violations … or in imposing monetary penalties against the [owner] … [the] Board acted upon reasonable investigation, in good faith, with regard to the best interests of the Association, and not in an arbitrary manner and its actions are entitled to deference …” The court further ruled that $227,000 was not an unreasonable monetary penalty because the owner’s own actions contributed to the amount of the penalty as the owner could have prevented the imposition of the fines by simply coming into compliance with the association’s rules. Although this case cannot be cited as legal precedence, it evidences that when boards follow the appropriate procedures, courts are agreeable to upholding those fines.

3/14/2015
Last month President Zobroski and other Board members rightly stated at the BOD meeting that MOHA common documents like the agenda, minutes, and reports are not "confidential" documents as claimed and published by Lee Holtman. Mr. Holtman was instructed to rectify the misrepresentation. The way Mr Holtman complied with their instruction was to removed the word "confidential" and insert the word "privileged". Fact is there is no confidentiality or privileged status to the agenda, minutes or general reports of the association. Homeowner may use these documents as they wish. Fact is the information in the agenda, minutes and general reports is often published in the Association's newsletter which is stuck in an unlocked metal box on a county roadway where anyone can take a copy.

Mr Holtman keeps saying he is trying to protect homeowners. He may mean well but this is way off base. Homeowners need no protection regarding the meeting agenda, minutes or general reports and it is potentially harmful to tell homeowners they can't share this information. If MO had employees records or litigation documents then confidentiality, privilege and even a sacred trust would be very necessary and appropriate. That's not what Mr Holtman is seeking to protect. The Board needs to get this under control once and for all.

3/13/2015
LATE BREAKING NEWS
Bruce Ralston quit after learning he was expected to do much more than he volunteered to do. Bruce volunteered to check the water meters and insure that the mowing was done. After the Board meeting Bruce learned the Board wanted him to handle all the general maintenance work including electric and water repairs. Similiarly regarding the covenant enforcement work he expected things to be similar to last year where he would fill out the violation form and turn it over to be mail out. He learned he was going to be expected to produce unique violation letters tailored to each homeowner. To begin with Bruce doesn't type and furthermore he feels the form they used last year worked fine. That was a 2 minute fill in the blanks form that worked fine for about 300 violations last year.

Bruce has served this community for many years in many ways and did it well. Lossing his knowlege, ability and willing heart is a big blow to the gut.

3/13/2015
1.) What was not discussed at the Board meeting was the landscaping / mowing contract for the upcoming year. The bidding process and contracting has not been completed for 2015 / 2016 do in part to Bob Watson needing to be in the hospital. Its good to see he is recovering. However, at the meeting the Board never addressed the subject of not having a contract . Failure to have a contract in place on time has occurred in the past and in those cases the Board took a vote to authorize the mowing company to continue until such time as the new bidding and contracting process could be completed. Like the Federal government shut down, without an authorization the MO treasurer can not pay for mowing after March 31. Look for a special meeting to be held soon to keep the weeds chopped in the retention ponds. However truth be told the weeds in the retention pond on my street haven't been cut for a month. It looks pretty bad. I saw Synergy drive down my street but they just made a "U" turn and did nothing. I'm sure Bruce and Lou will get this back on track too.

2.) The need to login on this website to protect phone numbers and email address is being reconsidered. Let me know your thoughts about logging in. Is it a nuisance or no big deal. Do we still need to protect volunteer's phone numbers and email addresses? Shot me an email with your thoughts. click to send email

3/12/2015
Board Meeting Report
* 25 homeowners, representing about 15 lots out of 597 total lots in Majestic Oaks, were present along with five Board members. For the last three years attendance has remained in the same range of 10 to 25 homeowners or about 3% of the lotowners attending meetings. With the smaller room at the library it looks like more people are starting to come but the number count tells the true story. The last time we had 50 people at a Board meeting was in 2012. The library is convenient but at the same time it means there is pressure to rush through business as the room must be vacated by 7:45.
* Another HUGE water bill; $805.62 for this month. The normal water bill is between $125 and $175. For the past 3 months it has been $439.36 , $743.91 and $805.62. $1988.89 instead of about $500 for all three month. Likely this waste will cease now that Bruce Ralston and Lou Bartolomeo have been put in charge. They will check the water meters, monitor the irrigation system and oversee the community landscaping.
* According to the secretary no written contract exists between MOHA and Synergy, the mowing / landscaper. The past Secretary says she gave the contract to last years President Lee Holtman and he says he passed it along to the new secretary. The new secretary can not find it among the papers he received. Some landscape / mowing related documents were found but an official signed contract was not found.
* There was a report that new doors are needed on the guard house.
* Two lien releases have been filed
* Bob Watson and Herb Zobroski plan to meet with the county regarding section four roads.
* Bob Watson and Dan Sharpe are to investigate and bring a report to the Board regarding hiring an association attorney.
* Two Board members have not filed a Certification with the Secretary which is required by State Statute to be completed within 90 days of being elected to the Board. Dan Sharpe and George Dantos were encouraged to take care of this matter asap.
* A new flag pole was installed, light sensor replaced as well as some lightbulbs at various locations.
* Several homeowner near the corner of 89th Place and 54th Court wish to have a street light installed. The Board authorized the expenditure of $100 to pay SECO for an installation estimate. If the light is installed the $100 will be credited toward the purchase price.
* In the future the Board hopes to have the meeting agenda completed and published prior to the meeting date.
* A white perimeter fence was approved for a house on 85th Place.
* A letter announcing the dates of upcoming Covenant Review meetings was approved. Two Board members abstained.
* A "Neighbors helping Neighbors program will be proposed in the upcoming Gazette.
* It was suggested that since the Association's Camera is not being used to record the meeting it would be best to sell it. However the Board opted to keep it in case it is needed in the future. For several years the Association video recorded Board meetings. However after more than one insult the cameraman ceased recording meetings for the Association so the camera sets dormant now. The current Board bought an audio recorder and is content with having audio recordings which are used to assist in writing the meeting minutes.

3/10/2015
Board Meeting Agenda
Click here

3/9/2015
Jewelry reported stolen from home
Marion County Sheriff’s deputies are investigating a reported theft of $7,700 worth of jewelry from a home in the Majestic Oaks subdivision.

A woman told Deputy Robert Moon in a report filed Saturday that the jewelry was missing from her home on Southwest 89th Place. The report indicates the jewelry may have been missing for up to six months.
Source http://www.ocala.com/

3/5/2015
A little Humor

3/3/2015
Companion Legislation
http://www.hoareformbill.net/index.html

The highlights of the bill:
• The Division will have the authority to enforce and ensure compliance with the provisions of FS 720 and rules relating to records access, financial management, and elections of homeowners' associations and may investigate any complaint made to the department against a homeowners' association.
• The Division will have arbitration jurisdiction for HOAs dealing with disputes involving covenants, restrictions and rule enforcement pursuant to the declaration of covenants and rules and regulations of the homeowners' association; duties maintain and make safe pursuant to the declaration of covenants, rules and regulations, and other governing documents; assessment disputes and disputes involving the official records of the homeowners' association.
• The Division shall provide education and training programs for HOA members, directors, and officers.
• Clarifies the reporting requirements for HOAs

3/1/15
1.) Legislation Starting
Senator Alan Hays (R) District 11 filed Part II of the HOA Reform Bill. It will create the long requested jurisdiction of the Division for HOAs. You can find all the details on our HOA REFORM BILL website at: http://www.hoareformbill.net/HOAREFBILLS1308OR.pdf

The highlights of the bill:

• The Division will have the authority to enforce and ensure compliance with the provisions of FS 720 and rules relating to records access, financial management, and elections of homeowners' associations and may investigate any complaint made to the department against a homeowners' association.
• The Division will have arbitration jurisdiction for HOAs dealing with disputes involving covenants, restrictions and rule enforcement pursuant to the declaration of covenants and rules and regulations of the homeowners' association; duties maintain and make safe pursuant to the declaration of covenants, rules and regulations, and other governing documents; assessment disputes and disputes involving the official records of the homeowners' association.
• The Division shall provide education and training programs for HOA members, directors, and officers.
• Annual fee of $2 per lot to be paid each year by HOAs per lot.
• Clarifies the reporting requirements for HOAs
• Clarifies the provisions regulating the transition of association control in a community from developer-control
• Adds additional presuit mediation requirements.
• Requires seller to provide prospective buyer with governing documents and operating budget for the current year.