What the STWHOA board needs.
from Summer Trees
1. new directors
2. an approach to inform everyone, not select lackeys of what is going on in the board.
3. more communication and dialogue with hoa members via modern technology. Web site. E mail address is a joke, because e mail is often not answered by the board.
4. answer any communication from an associate member, even if it contains criticism.
5. answer all questions.
6. chariman should stop banging the gavel when he hears a member asking questions he does not like.
7. no candidate for director of the board should apply if he or she had known about the illegal clubhouse before 2016, and did nothing about it.
8. answer mail, no matter how it is sent to the board.
9. Eliminate the requirement that association members have to communicate by certified, return receipt mail.
10. Mail that does come certified, return receipt, should not be refused by board members.
11. Stop the nonsense that board directors can tell association member which neighbors they can visit or need to stay away from.
12. Fire FWB.
13. Change the rule that a member of the board of directors or a member of the association is allowed to see only one hoa document a month.
14. No person on the board of directors should use the board’s lawyers to get back at a neighbor that he is at odds with.
15. Stop pitting neighbor against neighbor by rumors, using lawyers, misinformation, inuendos, personality attacks, and all the diabolical methods imagined up by the board or former members of the board of directors.
16. Board member should sign their name to any board document they author.
17. My name is Henry F. Springer, 33 Summer Trees Rd., Port Orange, Fl., 32128. 386 852 3178. email@example.com — I have a web site, two facebook accounts, next door neighbor account, and a twitter account. If you ask me a question or speak negatively about me, I will accept that is your opinion and perogative. I still support the first amendment, even in a HOA. The board of directors should too, or perhaps they should not volunteer for the job.
An open question to Bob Rhein posted on NextDoor.com
It’s a simple question. Do we have proper insurance?
HOA Directors’ Duties Relating to Association Insurance Coverage
Homeowners association directors have specific duties that are related to the insurance coverage that is purchased for the association. Those duties include: (i) purchasing and maintaining proper insurance coverage; (ii) keeping association members informed about the association’s insurance coverage; (iii) consulting appropriate insurance agents / brokers regarding the available coverage; and (iv)notification and tendering claims to insurance carriers when appropriate.
Purchasing and Maintaining Proper Coverage.
Determining the proper insurance coverage for a homeowners association necessitates knowing whether or not there are any specific insurance requirements that are imposed by state laws and what insurance requirements are imposed by the association’s governing documents. Thus, it is imperative that applicable state statutes and the insurance provisions contained in an association’s governing documents (generally found in the declaration/CC&Rs and/or the bylaws) be reviewed to determine any required types of coverage and other mandated requirements such as the amount of a particular coverage and deductibles. Insurance that is typically purchased by homeowners associations include:
a. Liability Coverage for Officers & Directors. This coverage provides protection for the association’s volunteer officers and directors against personal liability based on claims due to negligence or breach of fiduciary duties.
b. Commercial General Liability Insurance. This insurance protects the association and its members against liability for claims which seek damages resulting from incidents that occur on the association’s common area property such as slip and fall accidents.
c. Property Insurance. This insurance protects the association against losses that result from damage to association property that is caused by various specified risks such as fire
d. Fidelity Bond. This coverage protects against losses resulting from dishonest acts by an association’s officers, directors and employees
e. Umbrella. Umbrella insurance coverage is obtained through an additional policy that provides excess coverage over and above the limits of the primary underlying policy. For example, if there is a primary liability policy that provides $1,000,000.00 in coverage and there is a claim that is in excess of $1,000,000.00, the umbrella coverage would cover the amount over the $1,000,000.00 up to the maximum amount of the umbrella coverage.
Chapter 1: Blacklisting
Editorial by Hank Springer
My HOA had a board of directors’ meeting on 10 18 16. Twenty Four association members attended as well as four of the 7 person board of directors.
All attending were provided with the letter sent by the HOA’s attorney to Henry F. Springer, 33 Summer Trees Rd., Port Orange expressing concern about two web sites edited and published by Hank Springer. Some refer to such web sites as blogs.
In the letter, the attorney put Mr. Springer on notice that he was violating copyright provisions by publishing sections of his HOA documents and could be heavily fined in a court of law.
Chapter 2: The Treacherous Secret in the Little Clubhouse
Editoral Hank Springer
For twenty-two years I successfully managed to ignore the activities of my HOA board of directors and in another chapter I will explain why I have not attended a Board of Directors meeting until 2016.
STW HOA chairman gavels down dissent
Editorial by John Springer 32 Summer Trees Road firstname.lastname@example.org
The October meeting of the Summer Trees West HOA board was a true eye opener for me. Although I wasn’t able to say much or ask many questions because Chairman Joe Richotte banged his gavel non-stop to shut down my interrogation, we did gain a new perspective on how “The Board” operates in the shadows.
“The Board” confirmed that it had least three secret votes since the September meeting, but did not produce a single scrap of paper documenting the votes and could not even confirm the date of secret motions to bestow board president John Lyons with Power of Attorney in the Shaffer matter; to direct the HOA lawyer to send a threatening letter to Hank Springer concerning his since-shuttered websites; and, to spend $6,000 for storm debris removal.
Is Summer Trees West a Nice Place to Live?
Editorial by Hank Springer
Summer Trees West is a beautiful community to live in, albeit personality issues between some neighbors have become the mistaken official business of the Board of Directors.
Summer Trees West is in the beautiful city of Port Orange, FL., 6 miles from the Atlantic Ocean. About 1 mile from Summer Trees is Publix, and about 3 miles is the elegant Pavilion Plaza, Texas Road House, and large Hollywood Movie Theater. I 95 is about 2 miles east of Summer Trees.
There has been discussion by the STW-HOA to start a Block Captain program. Such a program should come with a HUGE Caution Sign.
If the goal is to improve community communication and engagement it could prove to be very helpful.
But, it’s really bad if the objective is solely to be used by the board to get “reports” back from Block Captains about who is visiting the “blacklist” HOA members. (A board member was openly criticized for talking to someone on the “blacklist”). Why should anyone have to defend visiting a neighbor?
Considering the tone and tenor of creating division from the STW-HOA Board, it might be wise to hold off until we have a more “stable” and “inclusive” board, before considering such a program.
Despite how the board perceives it’s power, we still have fundamental rights as Americans!!
An open letter to the STW HOA Board
By John Springer
32 Summer Trees Road
I hope everyone attends the Oct. 18 meeting of the Summer Trees West HOA. One of the items on the agenda is a review of the board’s 2016 goal of improved communication. It’s clear “The Board” has a long way to go. For example (just one of many). “The Board” demands that you correspond with the HOA via certified mail with return receipt requested.
This requires you to drive across town to the post office. They have you send it to an address that does not legally exist (the “clubhouse” that has no Certificate of Occupancy and from which official HOA records required by law to be kept mysteriously disappear when someone suggests an audit). They have you send it certified mail knowing no one will be there to sign for it. I jumped through the board’s hoops on Oct. 5 to inform the board that I will be videotaping their next meeting and will stand by their silly and arbitrary rule that the device be 15 feet away from the ruling junta.
Today, 10 days later, they still haven’t gone to the post office to pick the letter up. And this from an HOA board that declared that its goal for 2016 was to improve communication. Why does the board play these petty games? Answer: Because the board doesn’t like dissent and doesn’t really want to improve communication with anyone who dares to question the spending without board approval; the way “The Board” uses its $300-per-hour lawyer to silence elderly bloggers like Hank Springer; the reckless gambling they are doing with the ill-advised lien on 107 Cypress Pond Road; and, the overall lack of transparency.
DBA – Summer Trees West HOA filed
Summer Tree’s West resident, Hank Springer was threatened by an STW HOA attorney for alleged “copyright” violations. Part of the complaint has to do with using the name Summer Trees West HOA in the titles of some documents. Hank, was careful to be clear his websites were not affiliated with the STW HOA in anyway.
But here is the kicker. The filing for the STW HOA DBA was filed 6 days prior to sending the threatening letter. Clearly, they went out of their way to target him to squelch his questioning of board practices.
If the concern was really about name usage you might think someone would contact Hank and say, “Hank, we have problem.” We are sure it could have been resolved. Instead they jumped right into an action that could result in an expensive legal battle. It’s surprising considering the Board has already spent almost 10K over the budgeted amount for legal fees this year and is embroiled in two protracted court cases concerning 107 Cypress Pond Road and 26 Summer Trees Road.
Police at Summer Trees….again!!
Port Orange Police officers were dispatched to the vicinity of 26 Summer Trees Road on Thursday afternoon (9/29/16) for some sort of trespassing complaint that police concluded was a “civil matter,” according to radio communications. The STWHOA has been embroiled in litigation over unpaid HOA fees. We will continue to monitor this situation and other ongoing legal disputes for future reports and analysis of the legal issues involved and what is at stake in real dollars should either side prevail.
What was that check for??
The story goes like this. A Summer Trees home owner finds out that they overpaid fees to the HOA when they purchased their home.
After they discover that over payment they go back to the board, who writes them a check for some amount, but as a condition of that payment, they have to sign a confidentially agreement not disclosing the payment was made.
Does this sound above board? Shouldn’t home owners’ association members have complete transparency to how their money is being spent? What lawyer would involve themselves in such a transaction? There are more questions than answers…but secret payments are great cause of concern.
More Legal Battles ??!!
It appears that there are lawsuits brewing, possibly all ready filed. It’s hard to understand how things could get so ugly that they need to be resolved in court. One has to wonder what could be the motivation
Regardless of the outcomes, the ONLY people who win are the attorneys. They get paid regardless. Bear in mind, it’s not the HOA that pays these legal bills, we as home owners and members will be paying!!
It’s time for calmer heads to prevail and work together to resolve our difference.
# END 9-22-16
Something you want to share?
Do you have something you want to share with the community? Just email us!! The Good, the bad and the ugly! It’s all important!
Nails & Screws
Town Crier of Sept. 13 2016 Reports that have received that nails and screws have been at the entrances off Summer Trees Rd. A number of residents have had flat tires. A police report has been filed.
Changes in the STW HOA Board
It appears there may been some changes in the board this Sept. 2016 Reports are:
Vice President: FRANK HART (REPORTED: RESIGNED 9/13)
Directors: Dennis Towne (REPORTED: RESIGNED 9/12)
replaced by Leslie Tucker (REPORTED: 9/12)
Questions For the Board of Directors, STWHOA
—– Did a board director state in the 9 13 16 meeting that the board does not have to allow association members to speak at a board of directors’ meeting?
——Do STWHOA members understand the legal position of the association board voting to start foreclosure action on a unit in Summer Trees West?
——Has the owner of the unit which the board has voted to start foreclosure action, been afforded “due process”?
It was announced in Jan. 2016 that the STWHOA financial records for 2012 and 2013 were missing. A Police Report was filed.
Overpayment HOA Fees?
The minutes of the August 10th, 2016 reflects that the HOA sent letters to 237 home owners and of those less than 50 applicants applied for a refund. A total of $ 4,500 are due back to residents. The HOA decided that residents had until August 10th, 2016 to file a claim.