OUR DOCUMENTS, OUR BY-LAWS WHO IS RESPONSIBLE FOR THE LACK OF LANGUAGE THAT PROTECTS THE HOMEOWNER AND HOLDS BOARD MEMBERS RESPONSIBLE? May 28, 2012
Posted by turlerun in Uncategorized.trackback
How many of you Homeowner ever read the Documents and By-Laws which dictate and govern the way our Board operates? The way this Assn. operates?. May i recommend that you do this as soon as possible. The reason this Board could careless about us is because they know thats the intent of the language in our Documents and By-Laws. Forget what you have heard in the past, forget what the guy next to you is telling you, just get a copy and read it, and you will know what i know. These Documents and By-laws strip you of having any say so but one (1). That say so is your right to vote, NOW you know why this Board has always went out of their way to confuse, mislead and make it very uncomfortable for us to have and vote in an honest election. The only right we have, is the only chance we have to take back our property and run our own lives is to vote. This Board knows that, and they will do what ever than can to discourage your right to have a fair and opened election.
It is because the Documents AND BY-LAWS give the Board unlimited flexibility to violate and abuse all the members of this Homeowners Assn. AT THEIR PLEASURE. IF there happens to be language that instructs The Board to reveal Information to us the homeowners, THEY, THIS BOARD COMPLETELY IGNORE THIS LANGUAGE. EXAMPLE, This Board refusal to inform homeowners of the agenda for a scheduled meeting. How did this destructive language or lack of proper language get into, or be left out of our documents in the first place happen. A little History……Since the beginning two (2) people have been there as they are this very same day. Mr. Sugarman himself and Chris Kapish. Between the two (2) of them they orchestrated language that allowed our Member Directors not to be accountable to the best interest of the very people they are supposed to represent, it’s homeowner membership. Thats right folks, these people allowed this language to be our by-laws. These people wanted to control every aspect of our lives while being a homeowner here in the Estates of Turtle Run. How do we change these by-laws and hold the elected Board accountable to we homeowners. Thats simple, we must replace this Board at election time and put homeowners in office that will be responsible to us homeowners AND WILL ADD THAT NECESSARY LANGUAGE.
We have the opportunity to change the way things are done here in the Estates of Turtle Run, we can elect homeowners who will amend and add language that will make sure no Board will ever abuse their power again. Vote these people out of office. You now have a chance to make things right for yourselves, take this opportunity. The American Revolution started with taxation without representation. YES, we realize people have to do things to better this community, but i demand to have a voice in whatever it is. I pay taxes and fees and i want a say so. Right now, this Board can schedule a meeting and do not tell you what it’s for let alone see to it that it is held in a suitable place, This is a direct violation of State Law. My goodness, just how many rights do we people need to lose before we get upset enough to push back……..just to vote!. is now an issue……This Board won’t even let us vote in peace, and do you know why?……AGAIN, the language in the BY-Laws which these two (2) characters saw to have put into and made part of our Documents. This Board is responsible to none but themselves, read the BY-LAWS, this Board serve their own cause. Listen folks, if you wanna live like this, thats your business, but i demand a fair and opened vote first, then, if enough homeowners vote for these people, then so be it. BUT RIGHT NOW WE CAN NOT GET AN HONEST OPENED FAIRLY HELD ELECTION AND I WILL NOT STOP UNTIL I SECURE THIS ABSOLUTE RIGHT OF ALL OF OURS.
NOT ONE MORE PENNY WILL I TURN OVER TO THIS ASSN. UNLESS WE GET FAIR OPENED ELECTIONS. HOW DO YOU FEEL? EMAIL HOWARD KAHN H131313ME@AOL.COM
Turtle Run Neighbors 
Article II paragraph 3 of By-Laws state…. notice of all members’ meetings must state the time and place and the objects for which the meeting is called, shall be given by the President, Vice President or Secretary. The Board must tell us the purpose of the meeting. Perry Nagle of Benchmark has made it very clear that agendas and/or description of meeting topics prior to the meeting will not be given to those that ask for it. At the last meeting the Board did not follow the agenda they handed out at the meeting, nor did they make a motion to amend the agenda. When you don’t follow the Sunshine Laws there is no accountability. When you don’t keep proper records, such as agendas and meeting minutes you are violating the law. Nobody can trace back how you voted to spend our money if the minutes don’t reflect any votes. So basically the Board collects our money and spends it as they fit with no accountability.
This Board’s term was over a long time ago and they have no right to be spending our money.
Agreed the By-Laws were written in 1987 and need updating to bring them in compliance with current FL Statute.
They don’t care about the By-Laws. We need a Board that will follow the By-Laws. i really don’t think they are planning to have any elections. I won’t turn over another cent of my money to this HOA unless there is a fair election.
Yes we know BSO are county cops but when a city has their own PD it is very unusual for another agency to patrol their town to earn their OT money and provide extra income to their friends.
You don’t see CSPD patrolling pompano or Deer field. Who sent you this Howard, they sound like their part of the cover-up group. . TRCCD should be hiring CSPD if they want “extra” coverage here but they won’t that is the point, it has nothing to do with actual crime. The BSO is driving agound the neighbor hood here and making free money and they know it. ……..the whole thing is sickening
You are correct again Mr Kahn.
The question that we should demand to be answered before we move onto anything else at this June meeting is, When are we having our elections and how are they to be run. If i do not get a solid answer i am with you, i also will not turn over any more money to these people.
My wife and i have been residence in Turtle Run for the past 8 years and i have seen my neighbors hassled over nonsense. It seems this Board is invisible except when it comes to collecting money, i too have had it. No fair opened elections then i will not turn over any money, let the whole issue go to litigation. If this Board uses our Fund to fight us then a word to the wise, i wouldn’t even consider a move like that if i were them. James
The Balls of these people, just who the hell do they think they are. Our election is 6 months over due and these people think they are still running the show, bull. these people seem to know how to do everything except run a fair orderly election which is my legal right and now i am pissed and don’t mind telling people. One other thing, i noticed one loud mouth who apparently was a supporter of this Board at the April10th meeting shouting off his mouth about if you get a letter of a violation just fix it. To you who ever you are, many of these so called violations are in the mind of that person and second one can never get a responsible response from either Benchmark or a Board member. Mainly because you can not find one! Tim
I think it is great that everyone’s expressing themselves, now if only all you people will not only find the time but your way over to the meeting on June 13th and open your mouths like you write here on this blog then our battle will be won. My wife and i have been residence of Turtle Run for more than 14 years and all we have ever heard was talk, talk and more talk, lets try doing it where it counts neighbors. So far. only one person that i know of has ever stood up and spoke to this Board face to face and said things that others would lose their water over even thinking, and we all know who that person is. They have spread lies about him with the help of their low life supporters, they have attacked his personal property and damaged it, they have sent him threatening letters filled with curses etc. etc. etc. and yet he is still not backing down, just can not help supporting a person like this.
Forget these people doing the right thing, they know they have to set up an election its the law. The reason they are not doing it is because they feel that no way are they going to get elected so they say, the hell with it, force me. I am afraid that we are going to have to go outside to get help if we want an election.
Read the Estates of Turtle Run Homeowners Covenants, which is the source document that governs the way our Board should operate? The Florida Statutes Chapter 720 HOMEOWNERS’ ASSOCIATIONS establishes the rules and guidelines for all homeowners’ associations that operate in the state of Florida. I recommend that you read both as soon as possible.
IT is important that we as homeowners become familiar with both documents to insure that our Board is following the rules and regulations set down in the State Statutes. While Florida Statutes Chapter 720,there is considerable flexibility given to HOA Board of Directors to adopt and enact bylaws based on Association goals and objectives. This situation poses some areas of concern for our HOA due to a lack of clearly defined responsibilities and authority between the HOA and the CDD. The officers of both organizations are virtually the same, which leads to confusion and a lack of understanding of key issues. This concentration of power and authority is not healthy for our HOA in the long run. All to often, our Board takes credit for expenditures and improvement that are funded by the CDD. We are told this is good for us because it keeps our annual dues low. If that is the case, we must question why our annual dues continue to rise. Could it be excessive legal expenses and mis-management? Could it be that the current Board Officers want to keep their positions by trying to convince us that they serve our best interest?
Florida Statutes Chapter 720 gives the Board authority and flexibility to make changes, it in our best interest to be made aware of these changes and provide input before they are incorporated in the HOA bylaws. Most recently, the Board amended the covenants to reflect that they could have an annual meeting at their convenience. Florida Statutes Chapter 720 requires that all HOA must have an annual meeting. As we approach mid year, there is still no annual meeting scheduled that we know of. We have the opportunity to change the way things are done here in the Estates of Turtle Run. We must replace this non-responsive Board at election time and elect homeowners that will be accountable and responsible to us homeowners.
These people stripped us of a right to vote by making a change behind our backs. What more do we need to cast them out! I am going to bring this issue to this Boards attention at the June meeting, right now i feel as others do,no more money will i give to this Board, none, zero and what happens happens. The idea that people who live next door to you would pull a low life stunt like this.
Denying us the right to vote on our representatives is UN AMERICAN, just who do these people think they are?
Behind our backs these people changed our election rules which govern the conduct of elections. Just who do they think they are to do this?. As far as l am concerned they are finished as Board Members. I am just lost for words to express myself at the crime these people committed against me and the rest of us. The very idea to change things so we could be denied to vote at an election. People died to make sure we wouldn’t lose that right and i served to continue having the vote and nobody is going to take it away from me. These peoples term ended months ago, to hell with them.
It looks like this Board is running around and passing out violations to homeowners and not being responsive to the homeowners efforts in remedying the situation and allowing the problem to escalate to the point where the Board’s attorney’s get involved and issues letters, then in response the homeowner needs to go out and hire an attorney to represent them . Now two (2) law firms are involved and letters are passing between them, nothing gets accomplished. Cases are backed up in the court system waiting to be heard but so far there is no movement. Since these cases are not heard it gives the appearance that the plaintiff, which is the Board has abandoned their position in this matter, however this is costing our Assn. much money, also the homeowner has put additional money out. Looks to me that this Board is creating work for their attorneys at our expense. These homeowners who are getting targeted are homeowners who have issues with the way this Board has been running our Assn. Looks like pay back to me. 2011 budget for legal was $8,300 but they spent over $34,000, 2012 Budget if well over $30,000 but they expect legal to surpass 40,000 dollars, these are undisputed facts I thought the loser paid all legal fees, if this is so, why is legal costing us so much unless this Board is actually losing the cases that are being heard. All in all doesn’t look good. George of Turtle Run
It is hard to believe that there are law enforcement officers actually denying people their legal rights, but then again stranger things have happened. Having secret meetings are clear violations of Florida Sunshine Laws. Taking voting rights away from people, just what are these people thinking? where are their minds? where is their self respect? William (Bill)
I think we have gone far enough with these people, time to call in THE REAL LAW.
This Board got their hands caught in the cookie jar, they have disgraced themselves and us by their actions. Benchmark Properties is no better, aren’t they the management Company which told homeowners in another Association that they couldn’t fly the American flag and only after it was all over the TV did they run for cover? Right, thats them, we need to get rid of this group also.
I do not mean to change the subject, but whats happening with this Associations website, it has been under contraction for months and now it isn’t even functioning, all those email addresses they have posted to contact them are disabled. Whats the story.
We know that lance morgan postponed our Annual meeting and election back on August 23, 2011 of last year and that motion was seconded by chris kapish, this meeting i do not remember ever being told was scheduled. I would like to know when these people behind our back changed the By-Laws which state that they have the right to suspend our Annual meeting and election until it suites their purpose? This meeting also was in violation of the Sunshine Laws. These people can not legally suspend our rights to an election. Why we are even bothering with these people is beyond me. The sooner we confront them on these issues the sooner this situation and they become past history.