Neighbors Square Off Over Homeowner Association Vote |
Article Courtesy of The Highlands Today By Dan Fearson Published April 3, 2008 AVON PARK — Neighbors are at odds in the Knoll-Century
Hill manufactured home community. What's creating the rift are claims that the homeowner's association illegally changed its bylaws to allow it to potentially purchase a clubhouse, while charging residents an assessment fee for it. The clubhouse, which sits in the front of the subdivision, has been a fixture in the community for years. Residents have enjoyed holiday meals in its dining area inside and can play shuffleboard outside. But the clubhouse is privately owned by a citizen who decided recently that he wanted to sell it to the homeowner's association. At the beginning of May, residents will have to pay a
$1,000 fee that will be placed in an escrow account for the clubhouse's
potential purchase. "I can't afford to pay (the fee)," said Foley.
"I don't use (the clubhouse). I'll never use it." "I'm too old for this," said Foley, a widowed senior. "I feel like I can't breath in here." "We haven't been telling anyone anything," said Knoll-Century Hill homeowner's association president Thomas Wenner on Wednesday, directing questions to board's attorney, Andrew Jackson, of Sebring. "I don't like the way things are run here," said resident Harold Williams, who owns two lots, and we'll have to pay more than $2,000 in fees. "When I moved here, I was told that (the clubhouse) was owned by the association." "I don't even use the clubhouse," said Williams. "Now, I'm going to have to go to the bank and take out a loan to help pay for it." There are several residents who are in favor of the
clubhouse's purchase, including Bill Ingalls. Ingalls did say that he can see why some of his
neighbors were upset. "But the bottom line is that I've talked to Realtors who've said that our property value would go down if we didn't have a clubhouse," said Ingalls. Lawsuit Filed The suit says that in April 2007, the association board held a member vote, allowing the association the authority to pass and enforce a special assessment to purchase property from private parties. Seward claims in the suit that members did not receive adequate notice that the vote was going to take place, that they did not receive a copy of the proposed amendment, and that the vote was taken by a show of hands without being recorded. After the vote, the suit states that the directors held another vote in December 2007, potentially allowing the association to purchase the clubhouse, owned by Everett Ohrt. Seward's suit claims that there were similar voting irregularities in the December vote. The suit goes on to claim that the board of directors
recognized that the April 2007 vote was illegal, so they held the same vote on
the issue last month. In a notice regarding the revote, directors stated: The suit says that during last month's vote, directors kept a list of numbers corresponding to resident votes, which deprived residents of a secret ballot and intimidated members. Seward claimed that residents' lot numbers had to be written on the ballots. Seward is seeking a declaratory judgment from the court. Several residents who were against the clubhouse purchase said on Wednesday said that they were going to wait for a judgement in Seward's suit before paying the assesment fee. "(The lawsuit) is a serious matter," said
association lawyer Jackson. |