A PLACE TO BE

A PLACE TO BE

Thursday, December 26, 2013

CRUX OF THE MATTER

In my twelve years living here nary a Director found it fitting to have owners ratify a Board decision on material alterations or substantial additions. Why is that? Our Declaration of Covenants demands it. Our Restated Bylaws demands it. Instead of ignoring it, why don’t Directors demand it?
This set-in-stone twice spelled-out law declares that any decision made to materially alter or substantially add things to the Common Grounds must be ratified by a majority of three fourths of owners who attend a ratification meeting instead of a majority of three fourths of the membership (768 owners). How hard is that?
The only times I hear a Director talked about ratification is when confronted and just recently when it was totally distorted as somehow being associated with the Cowen lawsuit. If Directors need a guideline in defining substantial as it relates to money spent, all they have to do is to remember their regulation that $7500 is their substantial amount requiring three bids. If they need a guideline to define substantial as to the magnitude, all they have to remember is their recently passed building code where they define substantial as being fifty percent of an existing structure.
So why don’t they get their defining heads around this, any new additions to Common Grounds needs ratification if either costs exceed $7500 or the extent is fifty percent larger than a current to no addition.
It’s time to obey LIV laws and allow concerned members of the Association their right to ratify the altering or adding decisions to our Park.
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Tuesday, December 3, 2013

RATIFICATION AMBIGUITY

It seems that most owners, board members, and even the association’s attorney fail to see little or no difference when comparing Article IV (amending the Declaration of Covenants) to Article X (ratifying material alterations/substantial additions to common grounds).
To me these two Articles found in the Declaration of Covenants read totally different. 
Article IV, to amend the Declaration you need the affirmative vote of polling members, casting not less than three-fourths of the total votes of LIV’s membership.
Article X, to ratify a board motion you need the affirmative vote of polling members, casting not less than three-fourths of the membership PRESENT AT A CALLED MEETING
Both need a yes vote majority, but the big difference is that one needs three fourths of total membership while the other  needs just three fourths of the membership PRESENT AT A MEETING.
I believe the sole purpose of ratifying is to give concerned owners the power to keep in check nine directors who might wish to radically change the common grounds.
Example, a fourteen day notice of a special ratification meeting to pass a Board approved motion wanting a material alteration of the Rec. Hall floor (changing the white tile to a hard wood flooring throughout). If three fourths who attend this meeting don’t cast a vote, ratification fails and the motion may not go forward. If three fourths or more who attend this meeting do vote and the majority disapproves, ratification fails and the motion may not go forward. If three fourths or more who attend this meeting do vote and the majority approves the motion, the motion is then ratified and may go forward.
This consistent disregard of Article X (Declaration) and Article VII (Bylaw that repeats Article X) has to stop.
Director Vasquez vehemently talks about enforcing all the rules, so why not begin with this one.
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THE FAILURES TO RATIFY

Here are common ground material alterations and substantial additions boards past and present have failed to ratify. Please correct me if I am wrong.  
Altering golf course paths to concrete. 
Addition of a new pool gazebo.  
Removing concrete putt-putt course and replacing it with a wood putt-putt course at different common ground location.
Material alteration from carpet to tile in Owners Lounge, kitchen area, and poker rooms.  
Major new construction of the Activity Center, material change of tile, walls, ceiling, and office/mail boxes, both office and mail boxes being relocated within Center. 
Two sidewalks, one by laundry and one that runs from stop sign to security building.
Replacing security building with a new security building at a different common ground location.  
Major construction of a large asphalt parking lot next to the tennis courts.
Construction of a new shuffle board court and horseshoe pits on common ground.
New patio and awning construction by restaurant.
Major construction of a new maintenance building on common ground.
Adding a new fence on both sides of the Swing Bridge and material alteration of pool area fence (wood to vinyl). 
Material Alteration east side of Activity Center, replacing the arch windows with a wall.
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