Retreat Blog

I spotted this old Florida monster just minutes away from the Retreat yesterday.
I have notified the authorities and hopefully the beast will be contained before it moves any further south.

Come by Blue Orleans tonight from 6:pm to 8:pm and have a beer on me.

By Jane Sutton

MIAMI (Reuters) - The busiest and costliest Atlantic hurricane season on record finally ends on Wednesday but meteorologists cautioned that it may be years before the tropical Atlantic settles down.

So next hurricane season might not be any better.

"You bet I'm worried about next year, and several years after that," Max Mayfield, director of the U.S. National Hurricane Center, told a news conference.

"We have six months to prepare for the 2006 hurricane season. It's reality. We've got to deal with that."

The House with the old school Christmas lights along the rails and the glittering palm trees. A beacon of Christmas cheer.
We hope you all are getting into the Spirit of the season.

Cheers!

Check it out at:
Walton County Beaches

Hey Neighbors,

Todays driving rain and wind is making me think about the terrible Hurricane season we have had in the last year. starting with IVAN back on (09/04),followed by DENNIS & KATRINA .
2005 racked up more storm deaths and destruction than the previous 10 years - combined.
Let's all pray for a mild season next year.

AND celebrate the END of the 2005 Hurricane season this wednesday Nov. 30 (St. Andrew's Day) at Blue Orleans. Blue Orleans Across the road from Big Daddys bike rentals in Blue. Mt. Beach

I'll be there from 6:pm to 8:pm buying free beers for all my neighbors who have done so much to help those hurt by the storms and just about everyone else who walks in the door.

I hope to see you there.

Great link to a Hurricane chart for masonary performance
Masonary Rocks

The ropes at the Draper Lake Lookout ( the Tree Over the lake) are rotting out.
Small children and pets can fall through into the lake...

PLEASE FIX>

And it acts Elite and it wants to Assess you like an Elite it probably thinks it's Elite....

I was at my WaterColor property this Wednesday. The Rule was that all builders had to be out of WaterColor by 3:pm. And they could not return until Monday.
That's pretty Elite all right. Peace and quiet for the holidays.

I see they are back at work in the Retreat (rhymes with Elite) the morning after Thanksgiving.

WaterColor is a resort with rental property, And they should enjoy the peace and be more Elite than us ? Why, it's an outrage I tell you, an outrage.

I expect better than this from a truly Elite neighborhood.

Here are a few selected sentences describing 3 homes for sale in the Retreat:

"One of a kind home located in pristine subdivision"

"spectacular vistas from 60' above sea level of the Gulf of Mexico or Draper Lake."

" commanding fantastic views of the Gulf, white sand dunes, native scrub oak and palmetto as well as Draper Lake"

Why, it sounds perfect and Elite.


As an owner of a real estate brokerage I personally love the policy that the gates are open so much of the time, like yesterday, but as a resident I do not think it is very elite.

After all, if we can't keep the riff raff out and enjoy our McMansions in peace how can we experience real eliteness ?

That's just my opinion folks, I could be wrong.

Good article. Takes me back. Way back, all the way to the 1560's


Florida experts insist first Thanksgiving here:

By Andrew Marra

Palm Beach Post Staff Writer

Thursday, November 24, 2005

We were first.

Sure, Massachusetts has its pilgrims, its Mayflower, its turkey and corn.
• Our readers tell us why they're thankful


But when it comes to Thanksgiving, Florida historians have been saying the same thing for years: It happened first in the Sunshine State — with salt pork, sea biscuits and garbanzo beans.

In the 1560s, French and Spanish settlers arrived separately on Florida's northern coast, and each celebrated with prayer and a thanksgiving feast. The Spanish gathering at St. Augustine even featured guests from a local American Indian tribe.

"They were thanking God, they had food, they said prayers," said Paul George, a history professor at Miami-Dade College. "They were the first ones to essentially give us a recorded celebration."

It wasn't until 1621, more than 50 years later, that Pilgrims came to Plymouth, Mass., and held the feast that was later dubbed the first Thanksgiving.

But the Florida celebrations didn't become widely known until the second half of the 20h century, long after Abraham Lincoln's 1863 declaration that the last Thursday in November would be the national day of Thanksgiving.

Michael Gannon, a University of Florida professor, upset New Englanders in the 1980s when he started pointing out that a book he wrote decades earlier established that the first Thanksgiving took place in St. Augustine on Sept. 8. 1565.

They called him the Grinch who stole Thanksgiving.

But no one really disputed that Pedro Menendez de Aviles, a Spanish explorer, invited the Timucua Indians to dinner in St. Augustine in 1565 after a thanksgiving Mass celebrating the explorers' safe arrival.

George, the Miami-Dade College professor, says a group of French explorers did more or less the same thing even earlier along the St. Johns River, near what is now Jacksonville.

And historians say other explorers in North America, including Juan Ponce de Leon, undoubtedly held their own thanksgiving celebrations during expeditions years before that.

So how did the earliest South Floridian settlers view the holiday controversy?

They didn't. Like any good Yankee transplant, the first white settlers in South Florida ate their turkey and celebrated Thanksgiving with verve.

Entertainment was scarce. Life was hardscrabble. And no one had told them the shocking truth — that the first Thanksgiving, so to speak, took place not in Massachusetts but here in Florida.

Thanksgiving was not a major event in South Florida in the late 1800s because the region contained so few people. But locals gathered in clusters in their wooden cabins, eating wild turkey and wild boar.

"It was a very simple settler lifestyle," George said. "But a lot of these people were from the north, and they knew the holiday calendar."

And the winners write history — and the holiday calendar.

I know, I know, you did not think I would have something nice to say about everyone in the Retreat...

But I do. We all share a love of this special piece of God's Creation,
and I can appreciate that.
You have chosen wisely.

Have a swell thanksgiving y'all

Shawn

Well this is how our new puppy Jester will look when he gets bigger.
I hope to upload some good puppy pics this holiday.....

Well me and my buds Indy and Sharky want to wish all our retreat neighbors a Happy Thanksgiving.
I think we all deserve one.
Come back right after the holiday though, cause things are just starting to get interesting... ; - >

The highlighted area below indicates that "Salvation" may not the best term to use to describe beach renourishment...


D. Erosion Control Measures

Sandy coastlines and barrier islands in their natural state are constantly moving.[103] During storms, beaches erode and are later rebuilt, while islands disappear and reform throughout various coastal regions.[104] When coastlines and islands became developed for human use, artificial inlets and buildings along the beach interfered with this natural coastal migration, causing a need for coastal armoring to fortify the beach against erosion.[105] However, these structures actually accelerate erosion by intensifying wave action and currents along the shore, and prevent the natural return, or accretion, of sand to the shore.[106] To preserve beachfront development, erosion control measures must continue, along with repeated beach renourishment projects to replace the lost sand.[107] Both of these practices adversely affect nesting sea turtles and their eggs.[108]

Besides causing permanent degradation of nesting habitat through erosion,[109] coastal armoring physically prevents females from reaching suitable nesting sites.[110] When females deposit nests seaward of armoring structures, the nests may be flooded at high tide or washed out by waves.[111] When inadequate amounts of sand cover the armoring structures, females nesting over them may abandon nesting attempts or may construct improperly sized nests.[112] Coastal armoring structures tend to break apart after time, and the resulting debris left on the beach can cause false crawls and trap nesting turtles and hatchlings.[113]

When beach renourishment is conducted during the nesting season, it can bury nests and adversely affect nesting turtles and hatchlings with its increased human activity and artificial lighting at night.[114] Heavy machinery and pipelines associated with beach renourishment projects can also cause false crawls and entrapment of nesting females and hatchlings.[115] An element of beach renourishment is the depositing of new sand on the affected area. However, the sand deposited on the nesting beach may be different from native beach sediments, which could affect females' nest site selection and digging behavior, the nests' incubation temperature,[116] gas-exchange characteristics of the nest,[117] and the nest's moisture content.[118] This difference in sand could also affect the success of hatchling emergence from both egg and nest.[119] Transporting the sand onto the beach and the renourishment itself often result in severe compaction of the beach, significantly reducing nesting success.[120]

Although the necessary repetitive maintenance of beach renourishment projects heightens the threat to sea turtle nesting habitat,[121] beach renourishment is preferable to coastal armoring for nesting habitat protection.[122] Renourishment of extremely eroded beaches, especially where the entire dry beach has been lost, can improve nesting habitat.[123] However, the renourishment process must be conducted carefully to ensure proper timing and sand quality,[124] and where compaction occurs during renourishment, tilling can be used to soften the sand.[125]

Complete article at: COASTAL PROTECTION OF SEA TURTLES IN FLORIDA

KATHERINE R. BUTLER*
Copyright © 1998 Florida State University Journal of Land Use & Environmental Law

I. I

Howdy Neighbor,

I think everyone who sat through yesterday's Annual Retreat Smash and Bash (ouch!) is to be commended irregardless of which direction they thought the neighborhood should take on our current issues. I am very happy to have made several new friends throughout this process. I have discovered that Friends are much harder to come by than neighborhoods.

I think our neighborhood politics somewhat mirror the RED/BLUE state of affairs we in this country find ourselves in today.

I can tell you one thing; these folks (news item) don't care what kind of fancy street lights we need in the Elite Retreat:

House votes to cut $700 mln in food stamps
WASHINGTON (Reuters) - The U.S. House of Representatives voted on Friday to cut $700 million from the food stamp program, despite objections from antihunger groups complaining that estimates show some 235,000 people would lose benefits.

I think it puts our problems into perspective.

There are only two regretable things in life:

1. Not getting everything you want
2. Getting everything you want

A healthy life involves a good amount of compromise!

The Retreat Blog rolls on......... Stay tuned......for pics of our new Puppy !

The question before us today at the annual neighborhood association meeting is:

Is it time for new thinking and leadership ?

I believe that it is.

And I hope you will vote for change that meets the standards I have outlined in the previous post.

We start by calling each other neighbors and not owners.

2:pm - 5:pm in SEASIDE

If you need specific directions call me.

Shawn
225-5944

Howdy Neighbor,
You have probably seen my statement about change:

Vote for Change
Or don't complain
when you get more
of the same

Here is what it means to me in the context of the Retreat:

C (CLARITY) Clarity and a renewed dedication to our visioning process for this community, this association, that will guide our actions toward those shared Goals.

H (Honesty) Honest and open access and distribution of and to all information that is public association record in a non-confrontational and organized way.

A (Attitude) Attitude of service to the Members of this neighborhood that involves participation by example and leadership of our elected Directors and officers.

N (Neighborhood) Neighborhood values that foster genuine "Placemaking" that becomes a reality and not just an advertising slogan.

G (Government) The study of best practices to manage the ongoing needs of our neighborhood and to forecast these future needs while keeping in mind the greater community to which we are a part.

E (Efficency) Efficency of direct and transparent communication with all neighbors without unnecessary bureaucracy.



Please vote for Change.
Shawn

Based on the last two days dealing with Excuses, Caustic Avoidance & Misdirection regarding the official request to see these association records.

From: Shawn ONeal
To: lgelder@ecam.net
Cc: wintrode@destin-law.com, gulfoasis@earthlink.net
Subject: Bank statements
Date: Nov 17, 2005 4:27 PM

Hello Lisa,
You have failed to provide me with the Bank statements as I asked.
You only provided Partial copies on the Association checking account In Norcross,
Ga.
You did not provide the statement copies that include the Cancelled check copies.
I called the Bank and they confirmed that the complete bank statement includes these
addittional copies.
You also did not provide any copies of the Bank Account that contains the Special
Assessment Funds you say that you have collected.
Jay Gelder stated at our recent Association meeting in Sandestin that you had over
$1,000,000 Dollars in an association Bank account.
You did not have these available yesterday after you asked for me to delay the meeting
to this week .
You have not dealt with me in good faith.
Your actions draw suspicion and further inquiry on yourselves and those who employ
you.
When will you make these documents available ?


Shawn O'Neal
850-225-5944


And the Response from ECAM'S V.P. Lisa Gelder: With my answers point by point, on my Blog ( Inserted into her response in BOLD text Between these marks >>>> <<<< ) since Ms. Gelder ends her email with a request for me not to contact Her directly.


From: Lisa Gelder [Add to Address Book]
[This is spam]
To: 'Shawn ONeal'
Cc: wintrode@destin-law.com
Subject: RE: Bank statements
Date: Nov 17, 2005 5:32 PM

Mr. O'Neal,

1. I am offended at your attempt to slander my actions and my company's
reputation!

We did not ask you to delay your "review" until the 16th, that was the
date
your attorney informed the association you would be in.
>>> Folks, Below is the email exchange between Me and Jennifer Wintrode (attorney)
Ms. Gelder's statement is simply not true.<<<

-----Original Message-----
From: Jennifer Wintrode
Sent: Nov 8, 2005 3:46 PM
To: 'Shawn ONeal'
Subject: records request

Shawn,

Apparently, the records you requested won't be ready yet this week.
Technically they have until next Wednesday to produce them for inspection.
Can you go look at them next Wednesday sometimes? Let me know.

Thanks.

Jennifer A. Wintrode, Esq. Law Office of Lamar A. Conerly, P.A.

P. O. Box 6944 Destin, Florida 32550

(850) 837-5118 Telephone (850) 837-5187 Facsimile

wintrode@destin-law.com

-----Original Message-----
From: Shawn ONeal [mailto:gulfoasis@earthlink.net]
Sent: Tuesday, November 08, 2005 4:41 PM
To: Jennifer Wintrode
Subject: Re: records request

Yes, Next Wednesday.


2. You did not specifically state you needed copies of cancelled checks.
>>>I told Ms. Gelder I needed copies of the association bank accounts. The Cancelled checks are part and parcel of the bank statement<<<

3. Had you done so, we would have provided them to you today as well.
>>> Remember The first day they did not have any of the Bank statements ready-only excuses, this is aleady the second day<<<

4. We will obtain them and will make copies for you, along with the other documents you
marked for copies during your "review" yesterday. >>>the stall comes below. As you can see they will avoid giving any actual pick-up time to provide me with the other docs<<<

5. Today I provided you with copies of the bank statements you requested, although I was not obligated to do so according to the Florida Statute you are so fond of quoting.You received your 25 copies required by statute yesterday.
>>> Ms Gelder neglects to mention that after she told me I could make copies with my own copier she then changed her mind minutes later, came back and told me I could not make any copies at all on advise from her attorney. I had to call Jennifer Wintrode (attorney) and she called ECAM and Then Lisa changed her mind yet Again and I got 25 copies and was told I would have to come back the next day for the bank statements<<<

6.The account where the special assessment money is kept is a new account and
I am not sure we have even received a bank statement for that account yet,
but I will certainly check. There are no cancelled checks for that account
as no money has been spent out of that account, only deposits have been
made. As you recall, I told you I do not handle the accounting.
>>> Can you spell back-peddle ? Folks I am tired of trying to figure out if these people really are just used to getting away with giving this kind of service <<<

7. I have been nothing but helpful to you, despite your attitude toward me and
my staff. The association and ECAM have absolutely nothing to hide and for
you to insinuate otherwise is very disturbing and unprofessional.
>>> Since when is asking to see the records of my Neighborhood association, which I have every right to see by law Unprofessional ? Ms. Gelder shows the kind of brazen arrogant treatment that ECAM expects us to PAY them for. Ms. Gelder did not give me all the bank statements and is still trying to delay me from getting them but claims she is being Helpful. Helpful To whom?.<<<

8.You may pick up the rest of your copies (the documents you have previously
marked, the copies of the cancelled checks for the entire year and the bank
stement for the bank where the SA money is -if we have one yet)>>>> Folks ,when did you start sending your money in? And they don't know if they have a statement? The Last time I had over $1,000,000 in a bank account I knew if I had a bank statement or not<<<

9.as soon as we have an opportunity to copy them for you. I will email you when they are
ready for pick up. If you'd like to schedule another "review" date, we will
check our calendar to see when we can accommodate you.
>>> when they have "an Opportunity" they will "check" their calendar to see when they can "accommodate" me. The ECAM stall. THE BOTTOM LINE:YOU WONT GET ANY MORE INFORMATION ABOUT THOSE BANK ACCOUNTS, STATEMENTS OR CHECKS BEFORE THIS SATURDAY'S ANNUAL BOARD MEETING ...

WHY? Because they have nothing to hide. Well maybe THEY dont...<<<



10. Please do not contact me directly in the future. All requests MUST be made
through your attorney to the Association's attorney.>>> again, the street only runs one way at ECAM. Lisa will email me when she is ready but I am not to email her.<<<


Lisa Gelder
Vice President
ECAM

// posted by Shawn O'Neal @ 10:09 PM 0 comments

Howdy neighbor,

Last night Retreat Residents Dorthy (DOT) Grigsby, Shawn (yours Truly) O'Neal (who are both running for seats on the Retreat board of Directors),Don & Kris Rymer,and Mrs. Kathy Linder (who is building a home in the Retreat with her husband Bill) attended the Presentation by Mr. Johnny Earls regarding the new proposed development between us and 30A to the Northwest and which borders Draper Lake.

They Said there is deeded cross access to a driveway entry for them part way down Retreat drive but that they have other alternatives as well on 30A.

They presented a community with no-direct beach access, only 3 nearby public ones, a destination Spa, clubhouse, and boat dock.

Most of the initial concerns and questions centered around traffic issues and project density a related issue.

They say that they have a year's worth of Planning to do.

We will need to ask many many more questions and stay informed as they move forward.

Rocket Science is much easier to understand...


To: Retreat Homeowners
From: Bill Linder and Shawn O’Neal
Date: Thursday, November 4, 2005
Subject: Walton County Board of Commissioners Meeting
Purpose: Workshop on Incidental Take Permit (ITP)
Thursday, November 3, 2005

Bill Linder and Shawn O’Neal attended the meeting and agreed to co-author a summary of the meeting and forward their observations to all fellow homeowners for the purpose of information. Our summary may not be totally correct and I’m sure we missed some key points. This is our best effort.

Incidental Takings Permits

First, a lady from FWL (Florida Wildlife) gave a slide presentation highlighting key portions of the Endangered Species Act of 1973, as it relates to armoring beachfront homes.

Four endangered species were listed for our areas. Loggerhead turtles, green sea turtle, beach mouse, and piping plover (a bird).
She defined what it meant to Take, Harm, and or Harass these species
Beach armoring falls in the category of Harming habitat

Considerable discussion ensued as to the County’s degree of liability should litigation result from the issuance of the temporary armoring permits which the county has issued.

The county seemed not to know of this “shared” liability
FWL seemed to suggest that county should not issue the permits but rather help homeowners seek such permits
Some Commissioners seemed to agree that this is not a big deal, because all temporary armoring permits are just that – temporary – and there should be no long term liability.

The FWL lady then discussed ways to address armoring on a permanent basis

Suggested consultation with a federal agency (FEMA, Corps of Engineers)
Seemed to support a county wide effort for a Incidental Takings Permit
County needs to determine best way to handle this
In such a manner, the county can capture all authority
Such direction was considered the “next step” for the county

Some county facts were stated

There are 26 miles of Walton County beach
Some 170 temporary armoring permits have been issued covering some 220 individual properties
Work has begun on about 50% of the total applications
No more temporary permits will be issued past the Oct. 28th deadline
Once temporary armoring is in place, a permanent application must be submitted within 60 days (no definition of completed!)
The state must then respond within 90 days in some manner

A DEP representative (Michael Barnett) then spoke on the permitting status and process

Individuals must provide their own habitat conservation plan if there is no county-wide Incidental Take Permit granted.
DEP did not favor the temporary permits
County was not aware of “future” requirements of DEP once temporary permits were issued – The County gave us the impression that they did not ask!!
Here, the county reminded themselves of all the qualifiers in the temporary permits and that they indeed are temporary.
DEP only knows of 145 temporary permits. The county informed him of some 170 total to come his way.
Of the 145 temporary permits, less than half have even started the armoring process
DEP has only received 20 permanent applications
They are in the county at least twice a week checking on the status of temporary permit locations to inspect for vulnerability and eligibility
The Retreat is not eligible under current guidelines
Also working to determine the intentions of the permit holder
Suggested that some of the temporary permits are for structures that are neither eligible nor vulnerable
DEP commented that property owners will need the help of the county in the permanent permitting process
When asked when DEP will be done categorizing properties, DEP thought maybe two weeks after receipt of last permits. Some properties they don’t even know where they are.
DEP said permanent applications are being held up because each property owner must file a Takings Permit

There was then some discussion as to the feasibility or advisability of the county applying for a blanket Takings Permit on behalf of all property owners. There was no resolution.

The floor was then open to the public with some 5-6 individuals asking questions and/or offering comments

1st party had a temporary permit and no idea he needed a Takings Permit
2nd party commented that there is currently action in the State Senate to either circumvent or at least ameliorate some of the difficult restrictions on homeowners
3rd party commented that the geo-tube concept is the only armoring method that the “feds” would allow, that it had been approved by the Corp of Engineers
4th party, The Engineer representing SEASIDE a Mr. David McGuhee, Said that SEASIDE had decided not to pursue and Temporary Measures but instead to undertake a more through study and look for a permanent solution.
And it was likely that had tubes been installed under the current
Rules, they would then have to be removed before next Hurricane Season! David also asked several technical questions as to definition of MHW etc.
5th party was frustrated that in seeking a temporary permit she was never told that she had to come up with a plan to protect the turtles. She asked “what must I do” – no response.
6th party reiterated that there was no discussion of the need for a Takings Permit
7th party said it best. To paraphrase, “Would the FWL acknowledge that Dennis, not the property owner, harmed, indeed took away, the habitat and that property owner's are simply trying to restore it?” He continued “no matter the armoring, it will all be covered up, turtle habitat will be restored and this is a good thing”.

The meeting was adjourned following a round of applause for the last speaker, an emotional, well spoken, senior citizen.

Some observations by Bill and Shawn:

The issuance of temporary armoring permits is risky business, both on the part of the county and the property owner.
The county sees its limit to liability as simply requiring that the property owner remove the temporary armoring.
The permanent permitting procedure is not as clear to any authority, County, FWL, DEP, to say nothing of the homeowner as we would all like it to be.
The county should help generate a county-wide Takings Permit.
A permanent permit for our proposed geo-tubes (which are defined as temporary structures) will be difficult.

There is a meeting at 6:30 pm tonight at Criolla's Restaurant in Grayton Beach (on 30A) about a new proposed development flanking the Retreat on Draper Lake.
They want us all to know what they are planning to do BEFORE they do it (great Idea) so that we do not oppose them.
You will be treated well.
Johnny Earles $ Co. of Criolla's fame and now a Real estate broker as well will be hosting this get-together.
I urge all of you who can, to come out and find out what this development means to the Retreat. If you can make it by 7:pm you will catch the actual presentation.


Shawn

Howdy neighbor,

If you have enjoyed the return of the Jenn-i parts I - IV then you might want to read the full document. The Jenn-i is Jennifer Wintrode, the attorney for the plaintiff(s).

IN THE CIRCUIT COURT IN AND FOR WALTON COUNTY, FLORIDA

JACK ARONSON, NICKI ARONSON,
LAWRENCE BURLEIGH, CHERYL FOSS,
WILLIAM FOSS, DOROTHY GRIGSBY,
JOHN HOGAN, NANCY HOGAN,
JEFFREY HUGHES, STACEY HUGHES,
SHAWN O’NEAL, CRAIG PATTERSON,

Plaintiff(s), CASE NO: 050A000437

v.

THE RETREAT OF SOUTH WALTON COUNTY
HOMEOWNERS ASSOCIATION, INC.

Defendant.

__________________________________________/

RESPONSE TO DEFENDANT’S MOTION TO DISMISS


Plaintiffs JACK ARONSON, NICKI ARONSON, LAWRENCE BURLEIGH, CHERYL FOSS, WILLIAM FOSS, DOROTHY GRIGSBY, JOHN HOGAN, NANCY HOGAN, JEFFREY HUGHES, STACEY HUGHES, SHAWN O’NEAL and CRAIG PATTERSON (“HOMEOWNERS”), by and their undersigned counsel, hereby request that this Court deny Defendant, THE RETREAT OF SOUTH WALTON COUNTY HOMEOWNERS ASSOCIATION, INC. (“ASSOCIATION”)’s Motion to Dismiss, and state as follows:
I. THE HOMEOWNER’S INTERPRETATION OF ARTICLE VIII IS SUPPORTED BY A THOROUGH READING OF THE ASSOCIATION’S GOVERNING DOCUMENTS

Chapter 86 of the Florida Statutes gives circuit and county courts jurisdiction to declare “the rights, status, and other equitable and legal relations” between parties. In particular, F.S. 86.021 gives “any person claiming to be interested or who may be in doubt about his or her rights under…an instrument in writing…” the power to ask a court for a declaratory ruling to determine “any question of construction or validity arising under...the instrument in writing.” In accordance with this chapter of Florida Statutes, HOMEOWNERS have asked for this court’s construction of their homeowners association governing documents.
Article VIII of the ASSOCIATION’s Declaration provides for amendments, “by approval at a meeting of Owners holding not less than 66 2/3rds vote of the entire membership in the Association (as opposed to only those Members represented at a meeting of the Association…”
The ASSOCIATION argues that Count I fails to state a cause of action because the language of this provision of the Declaration is clear on its face. The ASSOCIATION has interpreted this language to require a vote by a majority of members holding two-thirds Member voting interests. An honest examination of the language demonstrates that it is capable of another interpretation – that being that an amendment requires an affirmative vote of two-thirds of all Member voting interests.
The HOMEOWNER’s interpretation of Article VIII is supported by a thorough reading of the ASSOCIATION’S governing documents. According to Section 12.2(a) of the ASSOCIATION’s Bylaws, an amendment to the Bylaws (as opposed to the Declaration) must be approved:
by not less than a majority of the votes of all Members of the Association (as opposed to only those represented at a meeting at which a quorum has been attained) and by not less than 66-2/3rds of the entire Board of Directors….

If the ASSOCIATION’s interpretation of the language for amending the Declaration is accepted, theoretically it could take more votes to amend the Bylaws than the Declaration. For example, according to the ASSOCIATION, it would take 31 votes at a meeting of two-thirds of the Members (i.e. 60) to amend the Declaration and 46 votes at the same meeting (a majority of all Members) to amend the Bylaws. This makes no sense because the Declaration is controlling over the Bylaws as a governing document. This is stated in Article XIII, Section 7 of the Declaration, which says, “This Declaration shall take precedence over conflicting provisions in the Articles of Incorporation and Bylaws…”
It is illogical to require a lesser vote requirement to amend the Declaration than to amend the Bylaws. However, if the HOMEOWNERS are correct in their interpretation, there is no conflict because the vote requirements are in keeping with the relative importance of each governing document.
Not only does an examination of the governing documents support the HOMEOWNERS’ interpretation, it is common for homeowners associations, in general, to require a two-thirds vote of all membership interests in order to amend the Declaration. One reason for such a high percentage could be because of the importance of the governing documents in providing notice to homeowners of their rights and responsibilities. Requiring a two-thirds membership vote is most likely derived from Florida Statute 720.306(1)(b), which states: “Unless otherwise provided in the governing documents or required by law…any governing document of an association may be amended by the affirmative vote of two-thirds of the voting interests of the association.”
The purpose of this statute is to provide a default in case governing documents fail to specify what percentage requirement is needed for amendment of the documents. The HOMEOWNERS acknowledge that this statute does allow homeowners associations to specify a lesser percentage vote requirement. However, the question presented to this court is whether providing a less than two-thirds vote requirement of all Members is the true intent of the ASSOCIATION’s Declaration. Given the language of the Declaration itself, and an overall analysis of the ASSOCATION’s governing documents and the statutes governing this issue, it is logical to interpret the Declaration as requiring an affirmative vote of two-thirds of all the ASSOCIATION’s Member interests.
The HOMEOWNERS have raised a legitimate question as to the correct interpretation of the ASSOCIATION’s governing documents and this question is properly before this court in a request for declaratory judgment. Therefore, the ASSOCATION’s Motion to Dismiss Count I should be denied.
THE HOMEOWNERS HAVE RAISED LEGITIMATE QUESTIONS ABOUT INTERPRETATION OF THEIR GOVERNING DOCUMENTS AND ABOUT WHETHER THE PROPOSED ASSESSMENT VIOLATES F.S. 720.308

The ASSOCIATION relies on F.S. 720.308 to argue that the disputed assessment is legal on its face and that Count II should be dismissed: 1) as a matter of law; and 2) because it fails to state a cause of action. The HOMEOWNERS acknowledge the statute cited by Defendant, which provides that special assessments “must be in the member’s proportional share of expenses” and that shares may vary by member based on certain factors. This statute goes to the heart of the HOMEOWNERS challenge to the disputed assessment.
The HOMEOWNERS have requested, but have never received, a substantive analysis to support the ASSOCIATION’s supposed calculation of each parcel’s proportionate share of the disputed assessment. This assessment derives from adoption of an amendment to the Declaration, which states:
Lots 1 through 24, including but not limited to the area of the Common Recreation Use Easement, and the Common Area, may be made a part of a remediation plan and subject to a remediation plan to the extent necessary to achieve remediation of beach and dune areas. It is recognized that beach and dune areas benefit all Owners in the Retreat.

Upon approval of the plan by the Board of Directors, and a duly approved assessment, the Association shall enter into such agreements as are necessary to achieve remediation of the beach and dune areas, including those portions of Lots 1 through 24 that are a part of the beach and dune areas, whether within the Common Recreation Use Easement or not. The Association must put the plan out for bid and choose the proposal that best addresses the remediation…

Assessments for the remediation of the beach and dune areas shall be as for Capital Improvements pursuant to Article V, Section 4 of the Declaration, and shall be levied by the Association as assessments only upon approval of a majority of the Board of Directors of the Association and upon approval by two-thirds (2/3) favorable vote of Members of the Association voting at a meeting or by ballot as may be provided in the By-laws of the Association.

Assessments shall be levied based on a four to one ratio (4:1) with three zones…
This amendment allows the ASSOCIATION to assess all Members and use the assessment to perform dune remediation on both private property and Common Area. The first problem with this amendment is that it is placed in an Article of the Declaration that deals with maintenance of private lots. The amendment therefore, appears to conflict with another section of the Declaration that specifies that Capital Improvements and assessments are for work performed on Common Areas. The ASSOCIATION responds to this conflict by arguing that it is economical and prudent to combine all planned dune remediation. This may be a fair argument but the question presented to this court is whether the ASSOCIATION properly amended its Declaration to allow assessments to be used for improvements to private property.
The next question presented to this court is whether the ASSOCIATION has fairly allocated each Member’s proportionate share in accordance with F.S. 720.308. The ASSOCIATION has repeatedly assured the HOMEOWNERS that Lots 1-24 will pay for all of the work performed on their private property and that there will be no “common” monies used to improve private property. However, when the HOMEOWNERS requested an analysis from the ASSOCIATION as to how it quantified work proposed on private versus common land, the ASSOCIATION responded by stating that this was too hard to calculate. Therefore, it appears that the ASSOCIATION in effect “guessed” as to an equitable formula by which to calculate each member’s proportional share. The HOMEOWNERS suggest that a proportionate analysis could be performed, and that it could be based an analysis of the plat, land descriptions and by a survey of the contemplated work area.
The HOMEOWNERS are not arguing that dunes aren’t important or that they are unwilling to pay a proportionate share of dune remediation on and in front of Common Area. However, it is questionable at this point whether work on Common Area can even be performed. The ASSOCIATION has been advised by its own engineer that it may not be able to obtain permits for any of the remediation. Furthermore, when the ASSOCIATON’s contractor applied to Walton County for permits for dune remediation, the County only granted permits for work on private Lots where structures were threatened. This raises the question of whether remediation on Common Areas would ever be permitted and whether the true purpose of the proposed remediation is motivated by a desire to protect structures on private Lots.
The HOMEOWNERS have raised legitimate questions about interpretation of their governing documents and about whether the proposed assessment violates F.S. 720.308. These questions are properly before this Court in the HOMEOWNERS request for a declaratory ruling. Therefore, the ASSOCIATION’s Motion to Dismiss Count II should be denied.
THE HOMEOWNERS WILL DISMISS COUNT III IF THE ASSOCITION HOLDS A PROPER VOTE TO APPROVE THE LOAN

It appears that in response to the HOMEOWNERS Complaint, the ASSOCIATION has decided to hold the vote required by the governing documents in order for the Board of Directors to obtain a loan. Although the ASSOCIATION may argue that it intended all along to obtain the required Member approval, this was not apparent from the minutes of the Board of Directors meeting on August 22, 2005. The minutes merely state that the Board of Directors authorized the ASSOCIATION’S management agency to secure a loan for the ASSOCIATION in the amount of $800,000.00, for use prior to collection of the special assessment – there was no mention of holding any Member vote. See Minutes of 8/22/05 Board of Directors meeting attached to Plaintiff’s Complaint as Exhibit C.
The intended vote will likely take place before this Motion to Dismiss is heard by the court. If the vote is properly taken in accordance with the governing documents, the HOMEOWNERS will dismiss Count III.

THE ONLY THING FRIVILOUS ABOUT THIS CASE IS THE ASSOCIATION’S REQUEST FOR SANCTIONS

In its Motion to Dismiss, the ASSOCIATION argues that it is entitled to an award of attorney’s fees in accordance with F.S. 57.105, or alternatively F.S. 720.305, because the HOMEOWNERS have filed a “baseless and frivolous claim.” The HOMEOWNERS agree that the Condominium Act provides attorney’s fees to the prevailing party in this type of litigation but such an award in accordance with 720.305 is premature. Furthermore, the HOMEOWNERS have clearly demonstrated in both their Complaint and this Response that their claims are, at the very least, legitimate.
F.S. 57.105 allows for an award of sanctions if a claim presented to the court is either not supported by the material facts necessary to establish the claim or would not be supported by the law. The parties in this case have a fair dispute as to interpretation of the ASSOCIATION’s governing documents and Florida statute. It is very difficult to meet the test for sanctions under 57.105. Attorney’s fees will not be awarded, “unless the court finds a total or absolute lack of a justiciable issue, which is tantamount to a finding that the action is frivolous…and so clearly devoid of merit both on the facts and law as to be completely untenable.” Muckenfuss v. Deltona Corp., 508 So.2d 340, 341 (Fla.1987).
Not only is the ASSOCIATION’s call for sanctions unwarranted, it smacks of sour grapes.
For the reasons stated herein, the HOMEOWNERS respectfully request that this court deny Defendant’s Motion to Dismiss and its request for sanctions.



____________________________________
JENNIFER A. WINTRODE
Florida Bar No: 0728810
Law Offices of Lamar A. Conerly, P.A.
P.O. Box 6944
Destin, FL 32550
(850) 837-5118
(850) 837-5187 - facsimile
Attorney for Plaintiffs

I HEREBY CERTIFY that a copy of the foregoing has been served on George R. Mead, II, 220 W. Garden St., 9th Floor, Pensacola, FL 32501 by first class mail this ___day of November, 2005.
____________________________________
JENNIFER A. WINTRODE










PAGE


PAGE 1

And you received the letter as well we hope.

From the Board of Directors letter to the Retreat Owners Dated Nov. 8th:

RE: Missing Stop Signs and Lights

The Board is already under contract with an outfit called GPS for street signs, Street lights and stop signs.
BUT >>>>> They will make a presentation so members can decide.
D e c i d e...
Excuse me they already have a contract.
What are we deciding?
They did not say we will Vote.
Ms. Smith informed me weeks ago that the street lights look good and were made by an oufit in New Orleans or somewhere in Louisiana.

They have all the parts, they just can't quite get the order right. like this:
1.Presentation
2.Imput from owners
3.Contract decision


RE: The Center Island (Mystery Island)

Here they say Jake Ingram instructed the landscaping company to do the process. (Barbara Lovell had Jakes house listed since Oct. 19th and it closed on 11/04/05 and so Jake has moved on but his design project got started muy pronto).
So who on the Board approved Jake to instruct the Landscape company?

The folks at ECS told me two weeks ago or so that they did not have a contract to plant anything in the center island. That's why I call it Mystery Island.
They say they were in the process when an early storm season put this project on the back burner.

Factoid: Hurricane season started June 1, 2005 like it does every year and Arlene showed up arround June 10, if memory serves.
But get this: It's being rushed to completion before a more active than normal Hurricane season ends which is November 30- every year.
So... it was interupted cause Hurricane season started early (NOT) but it has to be finished BEFORE hurricane season ends....Huh?
Tropical depression #27 popped up while they were hauling in the palms......
27 MOVING INTO CENTRAL CARIBBEAN (see below)

The AccuWeather.com Hurricane Center reports Tropical Depression 27 remains poorly organized as it moves into the central Caribbean. As of 10:00 AM EST the center of 27 was located about 305 miles south-southwest of San Juan, Puerto Rico, moving west at a speed of 12 mph.

The storm has maximum sustained winds near 35 mph, with higher gusts, but the system is expected to gain strength over the next 24 hours.

Tropical Depression 27 is forecast to move west to west-northwest course over the next 3-5 days. As the system tracks toward Central America, it will enter an environment favorable for it to reach hurricane strength at the end of the week.

AccuWeather.com Hurricane Expert Joe Bastardi says "I have no reservations about Tropical Depression #27 growing into a Cat 2 or 3 Hurricane Gamma."

Re: The gate

Here's the correct information:

From a few weeks ago till the end of this year we are getting a security guard on duty from 7:am till 6:pm 5 days a week and 5 drive through patrols on weekends.

Then from January 2006 till Spring break we will have no guard service (NADA) but will have 5 drive through patrols a day.

In May and early June and September we have guard service from 7:am till 6:pm

From mid June till the end of August we have guard service from 7:am till 8:pm

It only took me a few minutes on the phone to find out the correct information.

WHY CAN'T THEY GET IT RIGHT ?

Vote for CHANGE
Or don't complain
When you get more
Of the Same

A passage or three from the RESPONSE TO DEFENDANT'S MOTION TO DISMISS:

THE ONLY THING FRIVILOUS ABOUT THIS CASE IS THE ASSOCIATION'S REQUEST FOR SANCTIONS

Furthermore, the HOMEOWNERS have clearly demonstrated in both their Complaint and this Response that their claims are, at the very least, legitimate.


Not only is the ASSOCIATION'S call for sanctions unwarranted, it smacks of sour grapes.
For the reasons stated herein, the HOMEOWNERS respectfully request that this court deny Defendant's Motion to Dismiss and its request for sanctions.

Well the Palms have showed up and are planted at Mystery Island.
That's the center blvd. strip in ft. of the beach Club.
I like palms trees and I bet you do as well.
The boat dock area paths ,etc. are also being trimmed up.
It's just so easy to get things done now before the election.
Just like Politics.

It would be so easy to forget how things have been run the 50 weeks before the last two.
Those darn Hurricanes can be a handy excuse though for not getting more done around here.

But we Members have to take part of the blame for this because to some degree we put up with the level of service we have been getting.
Yes folks it's always a two way street.
It's not enough to pay for good service you have to demand it as well.

By the by, there are two other issues in the Retreat that the management co. has missed so far.
I want to see if they can figure them out on their own Before the meeting.

I think the Retreat should be run much like a cruise ship or a fine resort in this regard.
No one working on that ship ever forgets that they are there to serve the passengers.
The Budget comes from the Members and is for the benefit of the Members.

A Passage from the RESPONSE TO DEFENDANT'S MOTION TO DISMISS

It appears that in response to the HOMEOWNERS Complaint, the ASSOCIATION has decided to hold the vote required by the governing documents in order for the Board of Directors to obtain a loan. Although the ASSOCIATION may argue that it intended all along to obtain the required Member approval, this was not apparent from the minutes of the Board of Directors meeting on August 22, 2005. The minutes merely state that the Board of Directors authorized the ASSOCIATION'S management agency to secure a loan for the ASSOCIATION in the amount of $800,000.00, for use prior to collection of the special assessment-there was no mention of holding any Member vote.

The Retreat:
Way more dune in front of us than most developments in S. Walton.
I have read that a typical setback from the Gulf/Ocean would be based on a 30 year average of erosion. So if we lose 6 feet a year on average then the setback would be 180 feet. A typical structure's lifetime is also factored in. The number I keep seeing is approx 70 years. This time period works for most folks.
In other words , It's not a matter of if the Gulf is going to take your Gulf front property, It's simply a matter of when.
This view is at the very least a realistic expectation.

Recently, people laughed when it was said that if we have 10 years without a major Hurricane then the dunes will come back. Of course this is exactly what happened after Opal in 1995. On the other hand if we are truly entering into a decade or more of increased storm intensity then we had better start studying up on the concept called "managed retreat". This is where you actually retreat or gradually pull back from the coastline over time rather than trying to stop the force of nature.
If the Government and or the Insurance companies adopt this logic to cut their losses then a tremendous amount of wealth will be lost.
The Government could also increase the required set back to say 300 feet.
That would give new meaning to the term "Gulf Front Home".
What is the cost of a lot that needs 100 yards in front of it that cannot be built on?

Gulf Dunes: It appears that the last 180 feet or so of the Geo-Tubes on the east side remain exposed.
It seems that the Gulf itself has blocked access to the Geo-Men and their equipment.
And it's a long way around to come from the east....It does look like they are trying to get back on the job.

Vizcaya: The Geo-Men have now begun digging a trench in front of this beach.

Old Florida Beach: Tons of sand in front of this neighborhood.
Also: The Public Beach Walkover down from Goatfeathers is back in action.

Here is a Passage or three making point #2 regarding the proposed assessment formula.

The HOMEOWNERS have requested, but have never received, a substantive analysis to support the ASSOCIATION's supposed calculation of each parcel's proportionate share of the disputed assessment.

However, when the HOMEOWNERS requested an analysis from the ASSOCIATION as to how it quantified work proposed on private versus common land, the ASSOCIATION responded by stating that this was too hard to calculate.

Therefore, it appears that the ASSOCIATION in effect "guessed" as to an equitable formula by which to calculate each member's proportional share.

Here is a passage from the RESPONSE TO DEFENDANT'S MOTION TO DISMISS
by Jennifer A. Wintrode, Attorney for the Plaintiff(s)

If the ASSOCIATION’s interpretation of the language for amending the Declaration is accepted, theoretically it could take more votes to amend the Bylaws than the Declaration. For example, according to the ASSOCIATION, it would take 31 votes at a meeting of two-thirds of the Members (i.e. 60) to amend the Declaration and 46 votes at the same meeting (a majority of all Members) to amend the Bylaws. This makes no sense because the Declaration is controlling over the Bylaws as a governing document. This is stated in Article XIII, Section 7 of the Declaration, which says, “This Declaration shall take precedence over conflicting provisions in the Articles of Incorporation and Bylaws…”
It is illogical to require a lesser vote requirement to amend the Declaration than to amend the Bylaws. However, if the HOMEOWNERS are correct in their interpretation, there is no conflict because the vote requirements are in keeping with the relative importance of each governing document.
Not only does an examination of the governing documents support the HOMEOWNERS’ interpretation, it is common for homeowners associations, in general, to require a two-thirds vote of all membership interests in order to amend the Declaration.

And a reminder:

New people running for the Board.

Dorothy (Dot) Grigsby
Shawn O'Neal ( full time resident and retreat blog creator)
Jeff Hughes
Bill Foss
Bill LaCorte

Current people running again

Bill Potter
James (Jim) Restor
Adrian Dave) Lovell
Dennis Estis
Clyde Patton Jr.

Current people not running:
Donny Bohn
Scott Justis

That grass is so thick it qualifies as a hedge.
Still I think it is a better solution to ward off big trucks from putting ruts in your yard vs. square posts .
Yard work can be fun when you Want to do it.
I'm thinking electric chainsaw this winter on some of those larger grass clumps.
Home Depot or Lowes has these really great $30 to $40 electrics that work a long time.
And they don't run on Gasoline!

Signs of life people. $2 Million dollar sale for this cozy cabin in the Retreat.

Never have we witnessed so many people labor for so long for so little result in the Retreat.

At least not in the time since we moved in back in May of 2004.
The center Landscape Island (Mystery Island) is now, after 5 days of Men and big and small Machines, approx. 12' shorter on each end. We now have an approx. 6' x 12' area of solid grey stone pavers near street level on each end were the landscape area was.

It was around the middle of last week when I thought I would call ECS (company doing the above work) and ask them when the center Island would be landscaped.
I was told that they had no contract to do any work in that center island.

And then Mystery Island ended up on the to-do list at the next Board meeting.
And Lo and Behold, The construction began with orders (I suspect) to begin and finish by the annual owners meeting.

I bet those of you living or staying in the east end of the neighborhood wish they had seen fit to spend the time and money repairing your beach walkover.

Perhaps the board wants to show that they can get something,anything,done.
Mabye we should have 4 owners meetings a year.
It's like company's coming over and the house is a mess.

People are hopping around here.
The mowers are cutting the weeds by the curbs.
The Katrina sand is cleaned out of the Hot Tub!
Common area works Projects are started (Mystery Island)
Contractors clean up around your sites!
My question is,
Why can't it be like that the other 50 weeks of the year?

Charlene of ECAM told the webmaster of our community website to Take DOWN the minuets of BOARD MEETINGS?
SEE the email below.....



From: Scott Jordan
To: JRHHTK@aol.com
Subject: FW: Minutes of Previous Board Meetings
Mr. Hughes,

I took down the old BOD minutes per Charlene’s request.


_______________________________________________
Scott Jordan
scott@pinnaclewebservices.com
Office: 501-821-9900
Fax: 501-821-9901

// posted by Shawn O'Neal @ 4:28 PM 0 comments

A good source for HOA best practices and trends in HOA law.

http://www.regenesis.net/

Neighbor,

Previous Board Minutes are evaporating from the Retreat Homeowners website faster than dew drops on Georgia Asphalt when the Sun comes up. And only 11 days before the annual owners meeting......
Is it a mysterious new computer worm or just a common computer Rat?

Howdy Neighbor,

Well, we are going to be voting on a new board of directors at the annual meeting on November 19th.
I hope you have a willingness to vote for change this year instead of more of the same.
If you agree that we need to move forward with a much more transparent style and with new ideas and you cannot make it to the meeting on the 19th........

Wait a Minute, NOVEMBER 19th ??? One more thing that limits owner participation that needs to be changed.
SO close to Thanksgiving ? We can do better than this people.

Please consider placing your Proxy with
Dot Grigsby email: dotgrigsby@yahoo.com or
Jeff Hughes email: Jrhhtk@aol.com or
Shawn O'Neal email: gulfoasis@earthlink.net

If you don't vote and just sign the orange form and send it back You will be letting Jim Rester, The current Secretary, do your thinking for you. I don't think you got to where you are today by letting other people think for you.
Also, If you already sent in the form you can ask for another form and if you show up at the meeting you can cancel your proxy and vote at the meeting.


We are all new people running for the Board along with Bill Foss and Dr. Bill LaCorte

Vote for Change
Or Don't Complain
When you get more
Of the same


Thank You,

Shawn
850-225-5944

Mr. Dennis Estis, a current Board member who is also running for the Board for another term has listed his Gulf-Front home for sale.
$6.975 Million, 4,200 Sq.Ft.,under construction, est. complete date May 2006.

Mr. Bohn, two doors down has also listed his home for $9.9 Million

The Retreat: The Beach is Very Very wide from the west walkover to Draper lake.
If you sit in a Kayak (3' above the surface) in Draper Lake you can only see the heads of people walking along the Gulf shore.

Gulf Dunes: The Geo men are still covering the tubes.

Vizcaya: still no sign of the Geo men or their equipment.
On the west end of Vizcaya I estimated there was about 5' of primary dune in front of the home. Thank your lucky stars the retreat has 9X's that or more per my stepping off calculations.

Old Florida Beach (our neighbor to the West)is Looking pretty fair.
They did several sand scrapes in the past year and the plantings make the dunes look very pleasing. HINT>

If you want to know the difference between Beach Nourishment and Beach Restoration click here:Beach Terms

What is the Coastal Building Zone?
Click here: Coastal Terms

And Florida also wants Coastal residents to know this:
Disclosure Statement

The Causes of and Solutions to Beach Erosion (Advanced Series on Ocean Engineering)

Click the link for more info:

Saving America's Beaches

Since Hurricane IVAN in September 2004:
ALL THE WAY TO TODAY >>>>>>

Based on all of the current information available to me:

The CURRENT BOARD

Has NEVER had a signed contract to do any work on protection, mitigation or remediation on the beach/dune area .
Has NEVER had a permit to place Tubes along the entire beach front which is
what they sold everyone on .
Has NO IDEA when they will obtain a permanent permit from DEP.
They say it could take a year or more and that they may NEVER obtain that DEP permit.
They say they have collected over $1,000,000 to do the above but have NO PLANS to give people their money back.

Vote for CHANGE or don't complain when you get more of the same.

When do you think the last operating street Light in the Retreat will burn out leaving our streets in total AIR RAID NIGHT MODE ?

I'll go first and guess Spring Break March 15 unless we get those new lights.
Has anyone seen pictures of what the new lights will look like?

I remember many months ago when Dot and Her Husband replaced the bulbs on as many of the street Lights as they could although some fixtures were already broken.

In the Meantime, Flashlights are looking like the "no-brainer" holiday gift item around here.

After the special homeowners meeting was held, the Board of Directors of the ASSOCIATION held a Board meeting on August 22, 2005. In this meeting, the Board of Directors authorized the ASSOCIATION’S management agency (ECAM) to secure a loan for the ASSOCIATION in the amount of $800,000.00, for use prior to collection of the special assessment. See Minutes of 8/22/05 Board of Directors meeting for more info.

Section 5(o) of the ASSOCIATION’s By-Laws gives the Board of Directors the power to borrow money in excess of $10,000.00 upon “…the consent of the Owners of at least two-thirds (2/3rds) of the Lots represented at a meeting at which a quorum has been obtained…”
The member Owners never voted to authorize the Board to secure an $800,000.00 loan.

The Association has made a Motion to Dismiss the
Complaint we filed. The rules of civil procedure allow a Defendant to file a Motion to Dismiss instead of an answer. Its pretty standard to try to get complaints dismissed.

Howdy Neighbor,

I went Kayaking around Draper Lake This morning and the surface of the lake is larger than usual and almost all of the docks are under water except a few on the North end near 30A. A portion of the Retreat Dock is useable.
The portion of our dock that's underwater is very slimy and slipery so be careful when
launching and returning in your Kayak.
Saw a bunch of ducks, a Heron and sunlight filtering through mist rising off the lake at the east end.
From the Gulf you have to walk uphill several feet to get to the southernmost edge of the lake, so there is not much pressure for a "break out" at this time.
The village of Draper lake has removed the two yellow "water Calming" curtains they had
near the bridge they built across the lake connecting parts of their neighborhood.
You can also see this bridge from the 30A bridge on the bike path which is getting a roof.

Howdy Neighbor,

Sometimes the citizens have to sue their Government when they feel that Government is not a Government By the people and For the people.

So a group of your neighbors (including yours truly) have sued to rectify and clarify the law governing our HOA


The Board has:

1. No contract
2. No Permit
3. No Idea if or when they will have a permit or contract.
4. No Plans to give you your hard earned money back.

I am running for the Board of Directors.
I want to get a natural sand based solution started as Rosemary Beach is pursuing as soon as possible while we continue to work toward a more permanent solution as SEASIDE is doing.
I want you to see the results of paying for a Management company , not the excuses and delays we are getting.
A company that takes care of our property and does not get involved in the politics of the association.
I want you to have PLENTY of notice and time to contribute your experience and place concerns on the table.
I will not always get it right 100% of the time, but when I'm wrong I will admit it quickly and with a good attitude.


I believe that there are three kinds of people:

1. The Kind of people that Make things Happen
2. The kind of people that Watch things happen
And...
3. The Kind of people that wonder what happened

Howdy Neighbor,

I attended the workshop today at the south walton Court Complex.
The City Council was in attendence .
Michael Barnett from DEP was There.
Ms. Patrick from US Fish and wildlife Service was there.
L.T. COL. Louie Roberson Florida Fish and Wildlife Conservation Commission was there.
William Linder our neighbor was there so we sat together and compared notes..
I did not see anyone else from our Association there.

I hate to tell you guys this but in some ways it has gotten more confusing for folks (if that's possible) as far as the beaches go in old SOWAL. Call me if you want the Gorey details.


Couple of highlights though:

1. The Engineer representing SEASIDE a Mr. David McGuhee, Said that SEASIDE had decided not to pursue and Temporary Measures but instead to undertake a more through study and look for a permanent solution.
David had some good insight into my questions regarding Dune Re-Contouring , a method which combined with other Natural solutions such as Adding SAND along with Dune Fences And the planting of Sea Oats had demonstrated good results according to some UK studies I have researched. And it was likely that had tubes been installed under the current
Rules, they would then have to be removed before next Hurricane Season!

2. Rosemary Beach which was also represented, Has decided to go with the Natural Sand solution and add sand back to their beach.

And please don't recite that if a Hurricane Dennis comes along it will take the sand away in a matter of Hours...
If we have a Major 50 year storm event all bets are off no matter what you have put down on that beach.

3. At the time a Permanent permit application is made to DEP, the Provisions of the US Fish & Wildlife Agency come in to play.
And they can take up to 90 days to review under their guidelines as well.

Our threatened Creatures are:

1. Loggerhead Sea Turtle
2. Green SEA TURTLE
3. PLOVER (A BIRD)
4. LAST BUT NOT LEAST THE CHOCTAWHATCHEE BEACH MOUSE

Have you all read "THE LETTER " ?
Here's the bottom line_______________________

The Board Has:

1. No Contract in Place
2. No Permit in place
3. No idea when or if 1. or 2. above will happen
4. No plan to give people their Money back

Howdy Neighbor,

I hope I see you tomorrow at the South Walton County Complex on Hwy. 331 just North of Hwy 98 at 10:AM to hear from The TDC (Tourist Development Council) and The US Fish and Wildlife folks .
Subject: THE LATEST ON THE BEACH ISSUES here In SOWAL>
SEE YA.

This is a Blog Folks,
Just my opinions, I could be wrong.
But we have to stop Political Correctness in our Lifetime (before it Kills someone).
So I'm doing my Part.
Also, Like they say in Congress " I reserve the right to revise and/or extend my comments".

Howdy Neighbor,

We heard from our fellow homeowner Vizcaya Ed at the Retreat meeting on Oct.14 in Sandestin that The GEo TuBe installation at Vizcaya was due to begin on Nov. 1
Well I went by there today and guess what?
No sign of anything. And this is so typical.
On Sunday the Geo Men were still down at Gulf Dunes trying to cover their tubes.
( it sounds worse than it looks )

Folks, There is only a one lane drive (mabye two lanes if both people are in Golf Carts)Between BEACH Front and Non-Beach Front homes in Vizcaya.

So if Your beach front neighbors house gets wacked you have mabye enough time to say OH
_ _ _ _! (Insert your favorite 4 letter word)before your house is next.

There are of course a lot of differences between Vizcaya and the Retreat.


Have A small Orange and a Big Apple ever been farther apart?

Howdy Neighbor,

If all of this HOA stuff has got you Dazed and Confused....
And your questions are not being answered....
And your Homeowners Association has turned into a Homeowners Molestation...
Click this Link for Relief: http://www.ccfj.net/courtdecdocsFL.html