IMPORTANT: a recent suggestion to arbitrarly
eliminate the "Designated Voter" requirement in our documents is in violation of our Bylaws Section 2 c (1). It
may be easier for the management company to avoid keeping track of "the" voter among the owners of the lot, but legally for
this association, it is not allowed.
In addition, there can be important legal issues with eliminating
a "designated voter" for each lot. For instance, if more than one person owns a lot (let's say three names are on the
deed) who's decision is the one that counts? Who works with the management company in terms of compliance? Who
votes? Who receives important meeting information? There are many issues that are eliminated with a designated
voter for a homeowners association. All owners must sign to agree on who "speaks" for them and this may be changed
at any time the owners wish.
It may mean a folder and column on the spreadsheet for the management
company, but that was the way it was when APM was hired by Sunset Lakes and we know that is the best way for it to stay.
REVISION OF HOA DOCUMENTS: Regarding revising our HOA Documents
to remove the developer and other inappropriate items: We (a committee of dedicated volunteers appointed by the 2004
BOD) completed the arduous process of revising our governing documents in 2005 and they were provided to that BOD and
the membership at a noticed Board meeting. Each item was explained, compared to the current language and all questions
were answered thoroughly. Unfortunately, no action was taken by that board or the subsequent three boards (2006, 2007
or 2008). Today, we await our 2009 BOD to see if they will take action on this basic item.
"Taking action" means that (1) the board approves the revisions
that have already been approved by the association attorney and a prevous board, (2) notifys the members that a line item
vote (meaning they will need to vote on each item, not just "yes" or "No" to the entire set of revisions) will be needed
to accept these revisions, (3) sets up a membership meeting to vote i.e., notification regarding the date, time and location
for the vote, (4) sends proxies and copies of the revisions to the membership within the proper time frames and (5) is
willing to respond to the membership and answer questions about these revisions.
As soon as those proposed revisions are provided to the membership
for a line item vote and are approved, we will legally file these revised documents and be able to have our
documents reflect our true community, as it is today.
Until then, the following remain our legal governing documents
and must be followed in accordance with the current Florida State Statutes:
