Flim-Flam Alive & Well at Delaire
Board Crafts New Rules in Attempt to Weasel Out of Their Dilemma
Costs Current Members Unnecessary $500,000 per year
Violates Deed Restrictions
Falsifies Certificates of Compliance
Misleads Prospective Home Buyers
Delaire POA Vulnerable to Lawsuit for Dereliction of Duty
Recently you were mailed a copy of the minutes of Special Board Meeting #3, held on July 10, 2018. In that meeting the Board is attempting to right the wrongs of at least the last 6 years by creating a new membership category. It is, at its core, an admission of their misdeeds with Builder Agreements, which we have detailed previously. We have told you of the Bogus Builder Agreements, the Conflicts & Corruption and also the massive losses suffered from Builder Agreements Gone Bad. Now under threat of a lawsuit, they are scrambling around trying to get their house in order. The POA has to be concerned also, since they have provided falsified Certificates of Compliance to home buyers at Delaire. The POA has also failed to monitor and enforce that each parcel maintains a membership in good standing as detailed in Article VII, R, below.
R. Membership in Del-Aire Country Club, Inc. (“Club”).
1. A person or a corporation, partnership, trust or other entity obtaining title to or a Lot or Parcel is required, as a use restriction incident to ownership in Delaire Country Club, to become a member of the Club and is further required to maintain said membership in good standing at all times during the period of such ownership. The terms of membership in the Club shall be as set forth in the Club’s governing documents.
There is no mention of Builder/Investor category in the Club’s governing documents, nor can there be without a vote of the Club members. The fact that they expect this new category to be retroactively applied going back 6 years adds insult to injury. It’s bad enough that the Delaire grifters have been picking our pockets for years. Now they want us to remain silent, while they try to foist their new rules on us while some members are being unjustly enriched by this scheme. No doubt, we are sure there is a study showing us how much this benefits each member. It’s probably right there with Karpel’s “specific hole by hole plan” and Hovanec’s analysis of the benefits of the non-resident membership program, which we have asked for and never received. Really, can you believe anything a Board member tells you? What is so amazing is that even as new Board members get elected, they fall into lockstep with the rest and continue the charade. You'd like to think there was one honest person who would speak up and say "enough is enough".
This builder program is costing members approximately $500,000 a year. Additionally, there are hundreds of thousands more lost on failed builders. why should Delaire members support builders and the sellers who want to get out. Each builder benefits with an approximate subsidy of $50,000 over two years.
It's very simple to fix this. Stop the builder program immediately. Sellers will simply have to suck it up and sell their homes at a price that makes it worth a builder's while to become involved. The builder then becomes liable for the full Resident Member dues as specified in the POA restrictions. This will do two things. It will encourage current members to maintain and refresh their properties if they hope to garner a good price for their property. It will also incentivize builders to finish projects faster, as their profits will increase the quicker they can sell their new/renovated property. No one will have to try and game the system by inventing a membership category that offers absolutely no privileges associated with this club. What all this tells you is that Delaire is a community in decline. Builders will only invest if they are given huge subsidies and non-resident members will only pay FIRE SALE prices to join a club that botched it's course renovation. The construction, renovation and marketing of homes should be done on a "free market" basis.