Below are all the reasons in great detail WHY
YOU should VOTE NO on the Bylaws Amendments.
To save you a lot of time, I am going to give you the bottom line at the top of the page.
JUST VOTE NO!! This is nothing more than a power grab by an incompetent and bumbling board. They tell you this is to help you, but it’s really to help them tighten the grip around your throat. As a Mandatory Member, you are already a captive with little recourse to stop the abuse, mismanagement and financial shell game that now exists.
It’s simple …………..JUST VOTE NO
SHORT LIST FOR VOTING NO ON BYLAW REVISIONS
THE FOLLOWING ARE THE BYLAW REVISIONS NOT FAVORING THE MANDATORY MEMBERS! VOTE NO. WE ARE THE CAPTIVES THAT BANKROLED THE BOARDS FAILURES OF 2017 COSTING US $1,280,000 EXTRA TO STAY SOLVENT!
THE AD HOC REVISIONS ARE FIXED AGAINST YOU! READ WHY YOU MUST VOTE NO!
DEMAND A .................. “MEMBERS BILL OF RIGHTS”
HERE ARE THE REASONS!
Article II Membership Voting: Vote NO: Reason:
Outside Service is costly, complicated, not secure the Board has complete control. A tamper proof ballot box in house is safer, cheaper, simpler no Board control. Question to be asked: Why spend money on complicated programs which require 4 pages of confusing details to explain? Killik’s forgery on non-voters ballot was approved by the board. Outside service reporting to the Board is a continuation of potential voter frauds as before! A secure tamper proof ballot box stops this in the simplest way that is why the Board refuses to make it happen!
Article III Board of Governors and Nominating Committee: VOTE NO: Reason: Item 6. Is a self-serving repugnant, arrogant act of deception! A Board member has no right to be on the board unless he is a home owner, he must always demonstrate home ownership! Allowing him to be a board member without being a Home Equity member is UNACCEPTABLE! Are we CRAZY?
Item 8. Board must not have control to stop self-nominated candidate not to be placed on ballot. Another pretense for a power grab!
2. Nominating Committee: Vote NO: Reason:
1. No Board memberS on Nominating committee, from membership only.
4. Nominating committee has no business nominating candidates for next session. Only members have that power. That prevents re-inventing Board members over again.
Each candidate must be voted on separately! “NO” vote for 3 candidates for Board of Governors. “NO” vote 5 candidates for nominating Committee. Members must have the right to choose individuals of their choice, thereby preventing the Board from re-inventing themselves. Power grabs of the Board must be prevented by the equity owners of Delaire. May the best man win!
Article V Power of the Board of Governors: VOTE NO: Reason:
B. Leaving the power to the Board to set fee structures for Bonds, dues, initiation fees has caused “major “decline of the club and home property values. This practice must end! The Board selling non-resident memberships dues at a 50% discount with no initiation fees, has been proven a disaster! A $79,000 100% increased initiation fee for new resident-equity members caused our property values to deteriorate. Non- Resident membership plans at bargain pricing and a 100% increase for new Equity Mandatory memberships detract from buying homes at Delaire. This must be done with a membership approval!
F. Fees must be approved by membership vote in a mandatory membership club since the mandatory members are the Bank roll of the club.
K. Code of conduct rules for Board members and club members must be carried out by a membership vote only, not by Board rules.
3.Issuance of Membership Certificates and Membership Bonds: VOTE NO: Reason
Issuing, cancel and/re-purchase Bonds must be done by a vote of the membership.
4. Compensation: VOTE NO: Reason:
Out-of-pocket expenses reasonably incurred in performing official duties pursuant to bylaws is an open-ended field for potential misuse, unacceptable and of recent vintage.
5. Interpretations of By-Laws: VOTE NO: Reason
By-Laws, or any part thereof which may be in conflict or of doubtful meaning and their discretion shall be final and conclusive is: Uncontrollable, unreasonable, a stretch, open to expensive litigation and most of all a POWER GRAB EXTRODINARY!
ARTICLES VII Committees: VOTE NO on following Committees: Reason
9. Grievance committee: The committee shall perform the responsibilities and be subjected to the procedures in the By-Law’s and the Rules and Regulations. It fails to state that the rules must not be in controversy with the State and Federal Laws and Statutes. This creates major litigations is a power grab extraordinary and is what Brecker v. Delaire is all about!
3. General: VOTE NO: Reason
That provision excludes Fraud which is not covered under D&O and can be costly this is something that is a power grab for unscrupulous committee members which may be involved in litigations of the future. Brecker v. Delaire may showcase such issues.
ARTICLE VII Membership: VOTE NO: Reason
WE are generally unimpressed with the sections mostly written in a complicated way therefore not in the best interest of the membership.
L. THE BOARD CANNOT MUST NOT HAVE THE POWER TO DETERMINE NUMBER OF NON-EQUITY MEMBERSHIPS ALLOWED. ALL EQUITY RESIDENT MEMBERS MUST VOTE NO ON THIS ISSUE. They will make this into a public Golf Course if that is passed. WE now know that non-resident members at 50% discount are causing us operating losses. THE MORE WE TAKE IN THE MORE THE LOSS.
VOTE NO IF VOTE PASSES WE WILL BE THE NEXT CANDIDATE FOR A HOME BUILDER. READ WHAT A BAD BOARD HAS DONE AT THE “FALLS COUNTRY CLUB” NOW IN THE HANDS OF A HOME BUILDER.
THE MOST IMPORTANT BYLAWS! THE DISCIPLINE BYLAWS AS WRITTEN AND REVISED KEEP THE MEMBERSHIP IN FEAR AND UNDER THE THUMB OF THE BOARD. THE CATALYST OF THE “BRECKER v. DELAIRE LITIGATION” THAT WILL CHANGE THE CLUB FOREVER!
ARTICLE XII Discipline: VOTE NO: Reason
In the OPINION of the grievance committee only; Misconduct, safety, harmony decorum, good reputation, congenial, social relationship between members, welfare will be defined. That is not acceptable or legal within the Florida Statute’s. The requirement is that the Bylaw has to give the definitions of all of the issues that the club wants its members to adhere to. Without knowledge of what the definition is, members do not know their responsibility. Grievance members change so there is no definite ruling as to how members are held to the standards. Sentencing structures must be written so that every standard violated gets the same sentencing not arbitrary by the Grievance Committee.
Any and all members of the grievance committee are considered present as long as they can speak to each other in person or via telephone, via video conference or via any other means of communication: Totally unacceptable and illegal under Florida Statute chapter 120, and the SLAPP LAWS. Not fair and reasonable. No longer has the confidentiality required as per the Bylaws. Who knows who is listening or are they listening? This is a total power grab of a childish prank not an Adjudicating process! Suspensions handed down are big monetary fines unjustly given without sentencing structures and definitions of violations. Grievance Committees are play acting Law & Order for their power enjoyments. Mandatory members are captive to such nonsense and bring forth costly litigations.
Brecker v. Delaire is an example of failure of Article XIV or XII.
1. Complaints by a member, Standing Committee or Club Staff VOTE NO: Reason
C. The grievance shall not be recorded. The hearing will be conducted in the manner determined by the grievance committee. Not acceptable! The meeting must be conducted within the Florida Statutes 617.0202, 617.0607, Chapter 120, SLAPP laws and must be recorded so that there is evidence as to how the hearing is conducted. Kangaroo Courts at the discretion of the Grievance Committee is outlawed. There has to be evidence by transcript or recording of the hearing. The hearing requirements are to be FAIR and REASONABLE not inconsistent with the Law. The grievance committee must have the following to determine the guiult or innocence of the respondent.
1. Sentencing structures that have standards for everyone
2. Defining standards for everyone as to the meaning of Misconduct, harmony, decorum, good reputation, congeniality, social relationships, any and all standards the Committee uses for punishment phases.
It must be realized that a I day suspension is $92.00, I month $2760, I year $33,120 dollars. There is no violation that is worth such fines without sentencing structures, left entirely to the grievance committee. Misdemeanors or Felonies are adjudicated by the establishment. Not by grievance hearings which only handle club violations, not crimes, requiring such onerous sentences by novices.
3. Suspension: VOTE NO: Reason
Members must not accept payment of dues, assessments and all charges and at the sole digression of the grievance committee, without sentencing structures or definitions of the charges. We are a membership club for pleasure not a Jailhouse or concentration camp. If suspension of membership for any length of time would be without payments the system would be much fairer and reasonable. Forcing payments down people’s throats is a double jeopardy and encourages long suspensions by novices playing at Law & Order.
Conclusions on entire By Laws and Revisions:
Members must be treated as honored guests as in an exclusive resort. Denying members the right to object of management faults or failures is a mandatory members right not to be considered a favor. Board members being elected officials of the membership cannot be allowed to bring any member to a grievance hearing! Exclusively a member to member issue. Elected officials have a Fiduciary responsibility toward all members weather they like them or not. The board members are to be considered employees of the membership, not KINGS, ruling us as servants. That is what the Ad Hoc committee's by law revisions and the past bylaws are all about. Member’s behavior set down by the Board for the Board not for the members. Did anyone notice that any by- laws are beneficial to a member other than the boards or the USUAL SUSPECTS?
“VOTE FOR MEMBERS BILL OF RIGHTS”
VOTE “NO” FOR THE REVISIONS!
WE GAVE YOU OUR BEST REASONS FOR “NO”. TIME TO SHOW THE BOARD THAT THEIR DAYS OF HARASSMENTS AND FAILURES ARE OVER!!