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Consumer Advocacy Network Dispatch Sorry!...but...Hurricane Katrina Victims Not Welcome! |
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Published September 7, 2005
Honorable Governor Jeb Bush, et al
Dear sir,
Tuesday night the BOD's of the Majestic Oaks
Homeowners' Association of Ocala, Inc., extended the usual 30 minute resident
forum, provided for discussion of issues of concern, an additional 20 minutes.
During that time period residents expressed
their 'shock and awe' at the decision of this board to distribute the NOTICE
alerting residents contemplating that, if any homeowner had an intention to
provide temporary housing for Katrina victims, fergitaboutit!
A brief synopsis of what happened at
the meeting has been written by staff writer Laura Byrnes of the Star-Banner.
Her report might have been more extensive if she
hadn't been whisked away to the confines of the library foyer by the
president of the HOA.
It seems, he decided to challenge her
presence and wanted to establish some sort of 'ground rules' even though her
PRESS credentials were clearly displayed and the meeting was being held in a
public building.
Maybe that's 'par for the course' for staff
writers?
Fortunately, Laura returned to the room and
interviewed several homeowners for her story. However, time spent away
from the meeting prevented her from listening to homeowners complaints and the
indignation they felt about the BOD's decision.
Nevertheless, an important part of the story
wasn't told!
Despite efforts of homeowners to determine the
justification for distributing the vague reference to "BYLAWS" in
the NOTICE this question wasn't answered until the very end of the
discussion period.
It's no wonder the answer was delayed!
Once the discussion period has ended homeowners
are not allowed to interrupt the regular meeting of the BOD's or provide any
input or comments about the business of the board.
That's unfortunate because the board does not
provide an agenda to homeowners prior to the board meeting and notification is
placed on small easel type displays at the entrances to Majestic Oaks.
Obviously, that means, during the discussion
period homeowners are deprived an opportunity to speak to a specific agenda
item and must remain silent throughout the entire board meeting.
We hope this situation will be addressed during
the 2006 legislative session?
So, it's no wonder the answer was delayed!
Despite references to the "BYLAWS" of
the HOA as the basis for the NOTICE the section you'll read is found in the
Protective Covenants.
This is the section the board believed it needed
to enforce because, if violated, the president said, in effect, he wouldn't be
able to justifiy non-complaince before a judge if the HOA was sued for
allowing Katrina victims to be housed in the community.
*** SEE TEXT BELOW ***
BTW, you'll read that the board passed a motion
to offer a formal apology to homeowners.
However, it wasn't clear whether the apology was
ONLY for the attendees that requested the apology or the entire community
nor how and when the apology would be published.
Obviously, the apology was simply a,
'face-saving,' effort since the original NOTICE has not been rescinded.
We certainly hope the office of the Governor and
state agencies aren't receiving similar reports about other HOA's and/or
CONDO associations in Florida.
Thank you for your consideration in this matter.
We look forward to your response.
Sincerely,
Robert Janauskas
****************** READ TEXT HERE ******************
Declaration of Covenants for Majestic Oaks
Dated: September 7, 2004
ARTICLE 1.
USE RESTRICTIONS
Section 1.2 Residential Use Only. No Lot shall be used for any
purpose except for residential. The term "residential" is intended
to prohibit any commercial or institutional use, including professional office
use of any portion of any Lot or Dwelling. The foregoing shall not prohibit a
contractor with construction of a Dwelling in progress from having an on-site
temporary sales office in a Model Home, subject to approval of the Board of
Directors' (BOD). No building shall be erected, altered, placed or permitted
to remain on any Lot other than a Dwelling designated for residential use,
with attached private garages or storage facilites which have been approved by
the BOD and are consistent with the primarily residential use of the Property.
Any outbuilding must be compatible with the design and exterior of the
Dwelling. No mobile homes, modular homes, or house trailers shall be permitted
on the Property.
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