Wedgewood Homeowners’ Association, Inc.

Wedgewood Homeowners’ Association, Inc.
Declaration of Covenants and RestrictionsAdvisory Committee StatusRev 3, Dated February 7, 2018
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Committee Members
Bob Vellante, Chairman,[email protected], 813-634-2197Bob Bauer,[email protected],813-634-7284RickChilson,[email protected],DaveGilberg,[email protected],813-922-4140Gloria Smith,[email protected], 813-633-3390Laurie Stevenson,[email protected],954-401-5957KenThoman,[email protected], 813-633-1481
Committee is comprised of fair, reasonable, and dedicated members that have the well-being of the community in mind.
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Committee Goals
Review entire Declaration of Covenants and Restrictions, Article by Article, and advise the Board of Directors whether each is/should be:OK, as isDeleted in it’s entiretyDeleted in partModified.Recommend new, added Articles/Sections, if appropriateUpon completion of our review, recommend whether to amend the Declarations or to “Repeal and Replace”Educate/inform the Community of any recommended deletions, modifications, and/or additions
Any and all revisions/modifications oflanguagewill be left to our lawyers. We need to communicate ourintent.
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Process
Review the existing Declarations in its entiretyRegularly brief the Board on the committee’s progressPeriodically compare our status to LEW’s mark-up of Wedgewood Covenants as well as Verona CovenantsCommunicate committee meetings & progress via our website/emailUpon completion of our review, apprise the Homeowners via an informational meetingDetermine, via straw vote, whether the homeowners agree or disagree with our recommendationsOnce homeowner concurrence is apparent, request our lawyers to draft new language, as appropriate.Request legal advice relative to conflicts with Florida Law, if anyEnsure the lawyer’s language meets with the intent of the Homeowners, Committee, and BoardPrepare formal document for Community vote
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Time Line for Success
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Progress Report
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Progress Report(continued)
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Progress Report(continued)
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Next Steps
Solicit 6 Committee MembersDiversified backgroundsMix of older/newer community membersMix of full-time and part-time residentsEstablish Committee meeting dates and timeWednesdays, beginning January 10, 2018 at 6:30 PM in the Armstrong RoomFrequency of meetings (weekly/bi-weekly) TBD based on progressDetermine time-line of eventsCreate separate page on our Website (Wedgewood1.com) for Committee minutes, updates, status, etc.Review the Covenants and have prepared comments/recommendations prior to each meeting. This preparation will speed things along.Regularly brief the Board on the committee’s progress
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Next Steps(cont)
Homeowners’ Informational Meeting RequirementsPrepare Presentation MaterialPrepare Meeting Notification LetterDetermine Time(s), Date(s), and Place(s) for MeetingNotify HOA via US Mail ($50.40)84 copies of letter @ 10 cents/page = $8.4084 envelopes/postage @ 50 cents = $42.00Print Copies for Meeting ($1,008.00)Presentation Material – roughly 50 slides w/color @ .15/page = $630.00Mark up of Covenants showing recommended changes – roughly 30 pages w/color @ .15/page = $378.00Solicit Unanimous BoardSupport for Proposed Recommendations
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Action Items
12/13/2017Get copies of Wedgewood 2 Covenants for comparison purposesGet copies of Wedgewood3Covenants for comparisonpurposesGet a copy ofGreenbriar’sCovenants. (POC identified by RickChilson)Schedule a CA facility to hold our meetings (Atrium Armstrong Room*)01/10/2018Add a Table of Contents to the recommended DeclarationEnsure Declaration’s text is consistent with any revised definitionsGet 2 copies of Red Book for committee membersReference the Plat # for common property01/24/2018Add a definition for “Tenant(s)”Confirm the chapter & section that governs our HOA
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*Every Wednesday, 6:30 -8:30 PM, from 1/10/18 thru 3/28/18. Exception: On 3/14/18, we’re in the Palm Room
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Questions -Answers
(Q) Whatare the logistic ramifications of correcting the spelling of “Wedgewood” to “Wedgwood”?(A) “Wedgewood” is spelled as intended, and is used throughout the USA. Changing the spelling would require legal research to ensure “Wedgwood” is legally useable. If it is, it would require changing all our governing documents, refilling of same, changing our bank accounts, IRS filings, etc. This would be a very costly endeavor. (thanks to Gerri Garretson for her inputs)(Q) What are the legal ramifications of changing Wedgewood from “Inc.” to a “LLC”? (This question was raised by resident ArneGoldklang) (A) It is a legal opinion from a friend of a committee member that HOA’s need to be a Florida Corporation and no other legal entity. Section 720.301 (9) provides that a “Homeowners’ association” or “association” means a Floridacorporationresponsible for the operation…. The statute specifically says “corporation” and doesn’t mention other kinds of legal entities. Section 720.302 (1) provides that “The purposes of this chapter are to give statutory recognition tocorporations not for profit(which we are) that operate residential communities in this state, to provide procedures for operating homeowner’ associations, and to protect the rights of association members without unduly impairing the ability of such associations to perform their functions. Finally, Section 720.303 (1) provides that “An association which operates a community as defined in s,720.301must be operated by an association that is a Florida corporation.”Nothing in the statutes provides any wiggle room on the type of entity appropriate for an HOA; it must be a Florida corporation.
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Questions –Answers(continued)
(Q) Is the Statute relative to Article I, Section 2 Statute 3.01?(A) This question is still being researched.(Q) Is common property taxed by Hillsborough County?(A) It is, but since the appraised value of our common property is zero, there are no taxes assessed.(Q) Is the property behind Berry Roberts lake common property?(A) It is. Unsaleable areas of Wedgewood were deeded to the association as taxable common property. This property is designated as “Tract A”, which includes the dry lake (has never held water, is overgrown with natural brush, is part of the county storm drainage system, and must remain in its’ natural state), the Berry Roberts Lake and the Wetland Conservation Area extending back to the creek, plus the area around the pumping station and the Wedgewood sign.(Q) Does the CA have limits relative to the number of people residing in a home (ref. Article I, Section 12)?(A) This is yet to be determined and remains unanswered.
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Questions –Answers(continued)
(Q) Can Wedgewood legally limit the number of permanent occupants within a home?(A) Article I, Section 12 defines “Family” as “one or more persons each related to the other by blood, marriage, or legal adoption, or a group of not more than three (3) persons not all so related, together with domestic servants if any, maintaining a common household in a Unit.” There currently does not appear to be a limit. A recommendation to limit permanent occupants to two (2) per bedroom is being considered by this committee.(Q) What does “artificial entity” mean as contained in the definition of “Person” (ref. Article I, Section 17)?(A) According toQuinbee’slegal definition, an “artificial entity” is “An organization, such as a corporation or limited liability company, that is created by statute, in contrast to a natural person.”(Q) What is an appropriate grace period for delinquent payments? LEW had recommended 60-90 days. What would our lawyer recommend (ref. Article III, Section 3 (a) (ii))?(A) Rather than consult our lawyer, the Advisory Committee will recommend a 60 day grace period at which time a reminder notice will be sent. Following a 90 day period, the Board may take legal action as deemed necessary.
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Community Inputs
David Hanson (01-06-18)- Pointed out a FCC compliance concern relative to outdoor television antennas (ref Article III, Section 4, paragraph a, xii).ArneGoldklang(01-10-18) – Suggested that Wedgewood Owners’ Association, Inc. become an LLC to protect residents against law suits.SharonBuckels(01-22-18) – Questioned changing “homeowner” to “resident” in Article III, Sections 3, 3(a),3(a)(i), and 3(a)(ii). Also suggested defining “Tenant(s)”.
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Meeting Attendance Record
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