Dear Mandatory Members, March 4, 2017
Karpel’s letter reporting the settlement of my law suit cannot be considered as any kind of victory for the club. I was very pleased with the outcome of the litigation as:
I was able to maintain the views from my home
I uncovered that the voting procedure is deeply flawed
I was not required to pay Delaire a single dollar
The club was forced to walk away due to an agreement of my lawyer and the carrier, no input by the board.
The loss was only that the argument raised as to the interpretation of ARTICLE III, Section 8 A-D can no longer be challenged. Karpel states the court gave the board a favorable resolution of their voting procedure; however, the court only gave the board a favorable resolution as to one specific issue relating to the voting procedure. The court did not give the board carte blanche to do whatever it pleases moving forward. We must continue to scrutinize what the board monitors as it relates to the voting process. It has become clear that the voting system in use is not in the best interest of the mandatory membership as demonstrated by Governor Alan Kilik forging another member’s signature. Kilik’s justification for his action at the town hall meeting is not a compelling defense. We have a Proxy system that the person not being able to vote needs to make use of. Delaire’s statement answering our complaint during a court hearing is quite revealing: “The club has always followed the procedure of not having to check signatures. The club has never lost a vote”. That reply tells the story with the evidence of Kilik’s election offense! Question: And who else? Mandatory Members collectively must insist on drastic changes in the voter proceedings going forward. Our discovery of the inner traits of the board turned out to be mind boggling!
Liz Shaw on a regular basis bundles the ballots and keeps track of who did not vote. Just before the counting Liz Shaw compiles a list of members that have not voted and hands over the list to the board members. The board members then choose from the list and contact the members who have not cast ballots to encourage their vote. Having that knowledge is how Kilik was able to put himself in a position to sign the name for a member who had not yet voted. Question: How many times and who else? Having described how the present system of voting creates great opportunities for possible election infractions, it’s time to choose a new and more protected voting process. The way it currently stands, the board has clear sailing as if the words “ club identification and signature properly signed “had never been written into the by-laws by our founders of the club to protect the sanctity of our votes. Kilik and who else? have trashed our only avenue of restraint, if management gets out of control.
It will take an effort to accomplish what is needed. Most folks have second thoughts about becoming involved, fearing the retribution of the board. However, Board members falsifying ballots and not being immediately dismissed shows intolerance of the rule of law which must not be permitted. I stand ready to help YOU to invoke Article III Section 3 Special meeting which is the path to a new voting procedure. A must do if Delaire is to exist for the benefit of the Home Owner Equity members now and in the future!
Over the next few weeks and months, I will continue to work on changing the bylaws to strengthen our voting procedure. This may be done by member initiative. It can also be submitted to a vote of the members by our board. Perhaps in the interest of good Delaire governance, the board will take action of their own accord.
Delaire Country Club in Delray Beach, Florida was designed with 326 building lots and 27 holes of golf, designed by Joe Lee. His trademark is dramatically raised tees and beautifully shaped greens. The club sits on 340 acres and in 2011 a totally new $21MM clubhouse was constructed. The new clubhouse is spacious and beautiful. Pass through the gates and the Joe Lee designed championship golf course ushers you through residences at once impeccable and impressive. Arrive at the clubhouse and you are greeted warmly by the friendly staff and always sociable membership. It’s leisurely luxury at its very best. The expanded clubhouse is now 47,000 square feet. Recent renovations at Delaire include the new entrance, gatehouse, Fitness and Tennis Center. The Tennis Center has 2 teaching pros, 8 manicured Har-Tru tennis courts with 2 lighted, complimentary computerized ball machine and arranged game service. New pool area and new children's play area. Step up to the tees any time, no waiting to play. “Walk on golf – no tee times.” Family members can play. Mandatory dues and fees. All three Delaire Country Club golf courses were just reopened in late 2016 after an extensive 4.5 million dollar renovation. Delaire Country Club 4645 White Cedar Ln, Delray Beach, FL 33445