FORMER HOA BOARD:

LET'S IGNORE THE JUDGE'S RULING!

An Opinion By Jan Bergemann 
President, Cyber Citizens For Justice, Inc.

Published April 5, 2014

 

While many homeowners of the Bayhead Landings Property Owners’ Association in Pasco County were celebrating the ruling on a Motion for Summary Judgment issued by Judge William G. Sestak on March 24, 2014, the former board members were already plotting again to create some more lawsuits. 

 

In my opinion these folks are plainly "nuts." How much more money are they willing to waste on useless lawsuits, money they just don't have according to various reliable sources?

There are still lots of open legal bills to be paid -- we are talking here serious money. And the question everybody is asking: How do they want to raise the money after Judge Sestak clearly ruled that the deed-restrictions expired and the community is no longer a mandatory homeowners' association? 

The same HOA board was fighting a disabled man in a wheelchair, who asked for nothing else but having the association meetings held in a wheelchair accessible location.

Remember that Judge Babb ruled that “there is no legal basis to support the plaintiffs’ contention that the open meeting provision of (the law) requires wheelchair accessibility” -- meaning the public meeting can be held in a

While many owners celebrated their newly won freedom by flying this flag, the board of the former HOA plotted new mischief.


location that is not "public" for everybody. In my opinion a pretty weird ruling that makes very little sense considering the legislative intent of allowing all owners to participate in association meetings.  

Even if the Fair Housing Act may not apply to community associations, Florida statutes require that "All meetings of the board must be open to all members." But, according to Judge Babb, that doesn't apply for owners in wheelchairs!

 

But the board of Bayhead Landing, a community that has now to be considered a "former" mandatory homeowners' association, is obviously willing to ignore the judge's ruling claiming to act on advice of the Association's counsel.

 

Just read the e-mail that was sent out to all "former" association members:

 

From: Bayhead Landings <[email protected]>
Date: March 28, 2014 at 4:54:42 PM EDT
To: Bayhead Landings <[email protected]>
Subject: Update on legal proceedings

Members:

 

Many members have been asking for clarification relating to the well circulated and publicized ruling last week regarding our Covenants, Conditions & Restrictions. After conversation today between the BOD and the Association’s counsel, it was confirmed the Bayhead Landings Property Owners Association (BLPOA) remains intact and the BOD maintains all authority to act on behalf of the association pursuant to the By-laws and Articles of Incorporation.  Such authority includes, but is not limited to, holding meetings and voting; establish and collect annual and special assessments; paying bills lawfully incurred by the BLPOA and enforcing rules as set forth in the two documents.

 

With respect to the judge’s order to expire the Covenants, Conditions and Restrictions retroactively, the BOD is evaluating all options to protect members’ property values and we will advise once a course of action has been decided under advice of counsel and can be made public.

 

Respectfully,

BLPOA, BOD

 

Make no mistake, the above e-mail clearly says: "Who cares about the judge's ruling? We continue to do business as usual -- no matter what the judge said in his ruling!"

  

Do you honestly believe that an attorney (Becker & Poliakoff was the last known association law firm on record) would advise his/her clients to ignore a judge's ruling that clearly stated: "Thus, the deed restrictions were not properly extended and have expired."

 

How much clearer can a ruling be?


Spiteful POA blind-sided by karma

Dade City HOA loses suit, can’t charge for legal fees

THE “NO WHEELCHAIR” HOA IS NOT EVEN A DEED-RESTRICTED HOA!

Clash over wheelchair access dims hopes for dream home

 

 

HOA ARTICLES

HOME NEWS PAGE