July 5, 2010
No - I do not think the Riverview Club pool should be available to all Shores homeowners.
- Helen Darge -
EDITORIAL
If you are not in favor of opening the pool to all Shores' homeowners then are you stating that you support the selective enforcement of the recorded Deed Restrictions for the Shores?
How can a governing Board fine or take legal action against a homeowner for violating the same documents that the various Boards of Directors have violated for years? Do you see a double standard?
Below is the last paragraph contained within Section one (1) USE RESTRICTIONS in the Deed Restrictions for the parcel that contains the community pool. The link to the Restrictions can be found HERE
"The property and all portions thereof, is restricted to the sole uses herein above set forth and, without enlarging upon the said permitted uses and further intending to restrict and confine the property to the uses set forth, the said permitted use set forth shall not be deemed to include directly or indirectly any residential or commercial use."
Leasing out the common areas of a homeowner's association is considered "Commercial Use" of the property, which is a violation of the original PUD, the Deed Restrictions and a breach of the Fiduciary Duties that all Board members are elected to uphold, pursuant to Florida Statutes 617 and 720. It is strongly suggested that all Board members familiarize themselves with the governing documents of the Corporation before taking the word of any other Board member or manager as truth.
It is well documented that all Board members are responsible for their own personal votes and their own careful research and understanding of all information available, prior to voting on any matter, especially that which could adversely affect any homeowner(s) in the Association. The exact responsibilities in order to avoid person liability can be found within the Florida Business Judgment Rule and Florida Statutes 617, Fiduciary Duties.
This also applies to the areas of homeowner rights and responsibilities, ie; voting to foreclose against homeowners that may or may not owe association fees without asking questions and having any personal knowledge of if the homeowner owes association fees, or how much they owe. Relying on what an attorney may think and/or another Board member's point of view does not satisfy the Business Judgment Rule or a Board members personal Fiduciary Duties. In fact, such decisions have cost many Florida homeowner associations a lot of money and its individual board members have had to reach into their own pockets due to their own personal decisions.
It is always best to totally research all topics that could potentially affect any homeowner(s) in a homeowner's Association and be prepared to vote in such a manner that you know that your vote can be defended, by you, with relative confidence, in a Court of Law.
A Board member that follows the above suggestions will almost always be on the right side of the law and is truly working for the community, as he or she was elected to do.
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