Oct 21 2016
A board member indicated to the whole community, that I was wrong, and then the post was deleted. If they were speaking for the board, they sure have it wrong and did mislead the community. That is a shame. The last quarter’s CTOA statement indicated there was a rule change coming and all owners would be notified. At the last meeting, not one board member present was aware the 10-page document was not mailed out. I received a violation notice before implementation. My violation said I must company with my Neighbored rules and I did so. Yet the cure is in limbo by AMG management.
Board member states:
I have investigated the matter and you did receive the correct letter. It
gives you 30 days to correct the violation and/or to contact the
management company and then another 14 days before fining would
This statement is totally false! It clearly states that the fine would begin starting the next day after the date to complete in the letter. “It would then have to come to the Board for a vote on the fine”. So by the time it gets to the board it is an automaticity fine of $100 a day for 10 days. Or appearance before the board with $1,000 over the owners’ head. That’s how it reads, no other way.
My letter, from CTOA, further stated “If you fail to comply, in addition to the above, further legal action may ensue without further action or demand.”
Board Member states:
That is a minimum of 44 days or up to 74 days based on when the next
Board meeting is scheduled before a fine would be imposed. You
would then be invited to a hearing on the fine, another month later. So
quick math, you would have between 74 and 105 days to get the
matter corrected. “It is within the revised procedure, the State Statue
and has been approved by the attorney”.
What does that mean? Did the Attorney advise to go straight to the maximum fine of $100 a day for a subjective violation? Subjective observations without specific references is selective enforcement. Plus, any fines that might have been implement since July 1, 2015 need to be returned and any related legal fees returned. It is that simple, as I noted last year while on the board.
Board Member states:
The procedure was deemed to not be a change of our by-laws or documents and therefore the attorney said it did not need to be mailed out. The majority of the Board felt it should be mailed out and that will now be happening. We do not want to impose fines and it is done as the only way to keep up the neighborhood appearances. That is why we have given the maximum time we can before a fine is imposed.
The fine is imposed the day after the date to cure the violation. That too, is totally wrong. If the CTOA is invited by a Neighborhood Member to enforce documents, the Neighborhood pays. If CTOA feels the Neighborhood is not adhering to both Neighborhood and CTOA Governing Documents, the whole of Chapel Trail should not have to pay for other Neighborhood enforcement.
Again here is the link to the new rule. Decide for yourself!
Oct 18, 2016
This post is no longer available!!
Censorship in Chapel Trail is alive and well. Owners hooked up with a web site called Nextdoor so they could communicate with each other on matters of common concern. The Master Association, CTOA, at one time had a message board that was monitored, but the board lost control of its own site. Unfortunately Nextdoor is monitored, in the various CTOA Neighborhoods, by a “Lead”. Each of the Leads have the authority to delete items if they disagree with the poster. Ergo trying to inform members of the insidious new fining rules, process or amendment, was not well received, so the comments and in fact the total thread was deleted by a lead. I tired to let the 3,676 members know of the new document by posting it on next door.
Please click on this link to download and read.
The management company of Chapel Trail has decided that your roof is dirty (or other violations) and not in accordance with the rules and regulations of Chapel Trail. You will have just 14 days to clean it or you will be fined for your violation. If you do not correct it withing the 14 days you will be fined and you will be given the opportunity to appear before a fining committee composed of your neighbors. They will uphold the fine or deny the fine. If the fine is up to $1,000 or more and you do not pay it, your house may be subject to foreclosure and you will lose your home. Be careful if you receive a violation notice. Make sure you comply with the notice. Here is a link to the new process. Click on it to take you to the pdf.file.
Oct 9, 2016
Questions about the legality of the new fining process are being asked and statements are being made by board members that they knew what they were doing. Here are the facts
Here is a summary of my understanding after many years involved with CTOA and HOAs. First our fining process, including the violations, is a part of the General Declarations and Covenants. The restrictions start with Article X, Amended by the 5th Amendment and the 10 Amendment. That puts any of the areas as defined in Florida Statutes, 720.305,(2) under the purview of Covenants. Any change in the Covenants requires a 75% vote of the membership. Of course that membership is the Neighborhood Members. That means a change in conformance with the provisions of the deed restrictions (covenants). If approved that then requires a recording of that Amendment in the public records and not until then can it be implemented. That being said, even if it were and implementation of the rules (as opposed to an amendment) to conform with FS 720.305,(2), the bylaws call for a notice to the members of a rule implementation of the board and notice sent to all 3,676 owners. A statement that the draft was placed on the web site is a ridiculous statement. It means nothing! There was no notice given. The only Neighborhood Representatives, who were noticed this was coming, are the reps on the board. There seems to be no one on the board who has the where-with-all to study, research and vet this stuff. It is a fiduciary responsibility for board members to due their due diligence on this issue.