Second Quarter 2024
April Board Meeting Highlights
President Weaver believes that the By-Laws are enforceable on all lots because only the Covenants can expire not the By-Laws. The Charter doesn’t expire either but none of that info is relevant. The Secretary was appointed for another year. They still need a Treasurer. Scott Duever was considering the position but decided not to accept it. There wasn’t a treasurer’s report for March. When was the last time, if ever, that happened? Didn’t have a newsletter for March either. Hope the secretary is OK, she’s never missed one before. They talked about the need to secure the boat ramp and swim area properties. There was talk about the Corporation debit card and who can use it. That card is a huge mistake.
President Weaver doubts they are using the correct By-Laws. Why didn’t he say something while he was a director instead of waiting until he became President? Sounds like the Charter debacle all over again but it isn’t. A director will go to the County and get copies of what has been recorded to make sure they are using the current one and get the documents they want for the Covenant Revitalization. Talked about having the items that are stored on the boat ramp property removed by the owner, Bruno Devolz, who lives next to it. The President wants to wait until he is sure he has the correct By-Laws to see what they can do. Hello, it isn’t a By-Law violation. Article II, Section 4 a. Members shall be entitled to use the facilities of the Corporation without additional charge, in accordance with procedures established by the Board of Directors. Yes, that quote is from the current By-Laws recorded with the county. He is entitled to use the facilities and no procedure has been established forbidding what he is doing. It’s a County Code Violation!!
The current By-Laws have been in use for two years and now President Weaver doubts they are using the correct ones because they don’t look right to him. Is this the first time he has looked at them after being on the Board for over a year? Vice-President McCarthy and others on the Board approved the amendments in 2022 and they don’t know if they have a correct copy either?
What doesn’t look right is stating the Covenants in the By-Laws but it isn’t illegal, it’s just not a good idea. They have been listed in the By-Laws in the past. It’s the procedure the directors used that is the problem. It violated the Covenants themselves and was not in the best interests of the members. The Covenants required a member vote to amend them and that was removed so the Covenants could be (were) amended without a member vote. Next, they included them in the By-Laws they amended so the directors have the power to change anything in the governing documents without any input from the membership. Then they were recorded with the County to make them look all squeaky clean and even that procedure violated the By-Laws. Do not confuse transparency with democracy.
You can download the current Governing Documents that are recorded with the State and County below.
Who will be the next Treasurer?
The new treasurer must already possess the knowledge needed to do what has to be done to bring the financials in line with generally accepted accounting principles along with the specific rules for Florida HOA’s. He/she will get no credible guidance on corporate accounting from the past treasurer or the directors.
Among the items that need immediate attention from the new treasurer is the 2023 financial report that’s due the first of May and look into compiling the missing ones (they must be kept for seven years). Then see what can be done about this corporation not filing taxes or 1099’s for many years. Oh, and drop the debit card before it causes serious trouble. There’s a lot more since your predecessors just balanced the checkbook (you hope) and not much else.
The treasurer isn’t alone, the directors don’t know the problems the secretary has caused by only doing the minutes and newsletter which is very similar to the treasurer only balancing a checkbook. Laws haven’t been followed for many years so it’s bound to get problematic but interesting
There could be a change in the makeup of the board at the ‘emergency meeting’ on April 22. The following is the likely outcome. It’s either a rummer or an increase in transparency. The extent of needed repairs to the dock at the swim area and cost will be revealed and we’ll see what the plan is.
President;
Troy Weaver, 127 Oak St, Interlachen
Vice-President;
Karen McCarthy, 102 Pine Rd, Interlachen
Director;
Kathy Smith, 209 Clearwater Rd, Interlachen
Director;
Glenda Woodard, 812 Lake Shore Terrace, Interlachen
Director;
Nichole Chauncey, 627 Dawn Ave, Interlachen
Director;
Theresa Wilson, 4635 Arthur Durham Dr, Jacksonville
Treasurer;
Helen Curtis, 826 Lake Shore Terrace, Interlachen
Secretary;
Sabrina Thomas, 105 Hickory Rd, Interlachen
They have a $500 estimate for the materials needed to repair the dock at the swim area. There is a possibility that Water Management may help with the cost since they have a lake monitor that is attached to the dock.
Helen Curtis resigned as director to take the treasurer position and she filed the 2023 taxes. Scott Duever is expected to join the board at the April 6 Board meeting.
Still waiting on confirmation from an attorney before moving forward with their plan. It was decided not to use the Orlando attorney, the new attorney is in St. Augustine. Apparently, they want to start enforcing the 2013 By-Laws as soon as they get approval, since the head of the Welcoming Committee was told by President Weaver to give them to new property owners. Some red flags popping up, particularly around remarks made by the President and Treasurer but let’s wait and see how the plan actually proceeds.
There were two revisions in 2013 so we’re not sure which set of By-Laws they want to use. They may revert to the set that was recorded in February 2013 which is 10 pages shorter than the set linked below.
The governing documents committee will write new rules for using the common areas. There will be new ‘Private Property’ signs and a ‘No Diving’ sign on the pier/dock at the swim area.
Go HERE for the list of current Directors, Officers and Committee Members.
Be aware that close to a third of the directors (29%) have not paid their property taxes and the President has had at least two liens put on his property to force him to pay the annual maintenance fees. President Weaver has come a long way from being stripped of his directorship in 2012 to being President this year. Unfortunately, there’s been a long series of appointed boards as opposed to elected boards. These are the people you want controlling your property?
As Florida continues to navigate through a transformative period for homeowners and HOAs, it is clear that the path ahead is paved with legislative efforts aimed at enhancing transparency, accountability, and fairness. The recent and upcoming laws are a testament to the state's dedication to protecting the interests of homeowners.
The Florida Legislature really went out of its way to make sure that owners are able to see all the public records of their association. From mandatory websites to record inspection provisions, these new bills passed by the Legislature will be effective July 1, 2024. The ball is now in the court of the Division of Florida Condominiums, Timeshares, and Mobile Homes. They were given the power to enforce these newly created laws, and were given lots of money to hire new investigators.
The recent and new legislation will have a large impact on this HOA;
- New website requirements.
- New DBPR education requirements for board members.
- Changes for HOA websites, financials, and records.
- What the members’ designated mailing addresses are.
- How to handle deposits.
- And, more!
Apparently, all directors have now paid their property taxes, hurray. Have they all voluntarily paid their lot fees?
Kaufman Language
Not familiar with the above phrase? Don’t feel bad, neither is this board of directors even though the case it is based on was decided in 1977. The Directors and Officers of this HOA need to wake up and recognize that slapping on a director or officer label without the right foundation to sustain it has done more harm than they realize.
The June board meeting is tomorrow night. Are they going to start moving forward or just keep treading water?
Apparently, the Covenant Revitalization is now behind us and we’re all one big happy HOA again. If you haven’t voluntarily paid this year’s lot fee, be prepared to do so.
Rules are being written for two of the common areas, Boat Ramp and Beach. The draft versions were as you might expect with the boat ramp rules a bit long-winded. The final rules will be posted here and should be sent to each member. A new gate and lock will be installed at the entrance to the boat ramp area. The beach area will now have a lock. The materials needed for the pier at the beach have been acquired and repairs will commence June 15 at 8:00 am, weather permitting.
The directors are considering selling more of the common areas, lots 7 & 8 on Clearwater Lake. They need money so bad that they will sell property rather than hold on to it for future generations of members. It doesn’t cost anything to hold those two lots despite what President Weaver said about having to pay taxes on them. They don’t pay any taxes on them and never did; they have a combined taxable value of $50. They are listed as outdoor recreational/park land and you can’t build on them (wet).
President Weaver didn’t mention anything about enforcing the 2013 By-Laws after his meeting with an attorney. He probably found out that was total nonsense. This board doesn’t have any understanding of the statutes governing this corporation even though they are written in plain English. It’s obvious they haven’t read them in years but since they don’t understand them and are not complying with them, why read them anyway.
As an example; “The Corporation shall have all powers necessary, suitable or proper or any one of them, including, but not limited to, acquiring, owning, buying, selling, leasing, mortgaging, or otherwise managing real property in or about said Grandin Lake Shores, and including the power to raise funds by membership subscription or otherwise for the carrying out of the aforesaid purposes.”
What part of that sentence didn’t President Weaver understand? The Board still felt the need to pay an attorney to tell them they can sell corporate property. It’s similar to lending someone your watch then paying them to tell you what time it is. Be aware none of this applies to the two new directors. Since the board does not provide an orientation course, they need time to learn what’s going on and then decide if they can be of any help. Even though Helen Curtis is new to the position of treasurer she gets no slack. She should never have been allowed to fill that position and she has proven she doesn’t know anything about corporate accounting, particularly as it applies to Florida HOA’s. Director Duever looked into that position and unfortunately, decided to turn it down. Apparently, she was voted in as treasurer because no one else wanted the job. What are the qualifications for the treasurers’ position? Have they even heard of GAAP?
The $50 lot fee is a great deal just for the entertainment purposes alone.
Members@grandinlakeshores.info