Rigged Elections

Our Board and Next Gen maintain control by deceit, blocking eligible nominees, ignoring Roberts’ Rules at meetings, jiggering accounts, and failing to properly advertise our annual elections to members.

Click Here for Links to some interesting legal sites and homeowner’s advocacy sites.

 

Track Board’s record in maintaining Association landscaping and providing lawn service to our homes.

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2019 Holly Lake Pembroke Pines Board Meetings

Nov. 11th Board Meeting

• After prior confusion by its assigned spokeswoman on unofficial blogs, the Board held its monthly November meeting on Veterans Day, 7 pm Monday Nov. 11th at the rec hall. Future monthly Board meetings will no longer be on first Thursdays. The time and place for the Association’s budget planning session with Management, normally held in September and open to all members, was not announced by our new CAM Property Keepers, which is now in breach of contract for failing to present a 2020 budget to membership at least 60 days before end of 2019. Property Keepers assumed control of accounting as of September. LCAM Jose Fabregas refuses to post its first income statement and 9/30/2019 balance sheet at mail room for review by members, so that we can participate in the budget process.
• Nominations at monthly November membership meeting and instructions for elections at December Annual meeting still have not been legally noticed at clubhouse nor by mail. Members who subscribe to Nextdoor and Facebook have seen posts for Friday Nominations Nov 22nd. The 70% who don’t are left in the dark. For the past 4 years, Benchmark and then Next Gen provided detailed guidance by mail at least 14 days before Nominations. So far, Property Keepers has declined.

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Oct. 3rd Board Meeting

• The Board cancelled its scheduled monthly meeting, because 3 directors refused to attend, even via speakerphone:Trisha Cogan, Maricarmen Bandin, and Tony Migliori. They all have missed at least 3 meetings in 2019.
• There was no open discussion nor motion to postpone the session until quorum could be achieved. New LCAM Fabregas and 9 members attended. Next lawn service was announced for Oct 8th, later completed after 1-day rain delay, with another scheduled for Oct 22nd.
• The Board must still advertise its October Budget meeting. Property Keepers continues to withhold from membership our full financial statements needed to study any 2020 budget proposal, insisting that we travel 35 miles to its office, after appointment arranged by certified mail, just to read them. Treasurer Tammy Wyant assured that our Rules & Regulations (last version 9/2014), removed to accomodate more Board warning’s of fines and fraud, would be reposted to the mailroom, so that new residents could learn them. After 5 weeks, the 4-page Rules & Regs were replaced outside in display case.

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Sept. 12th Board Meeting

• The owner of Property Keepers revealed that Next Gen was refusing to transfer data files
• He proposed replacing our banks and installing a new wireless fob entry system for the clubhouse and family pool
• After the Board spent many thousands of dollars during 2018-19 on extra security and Maglock repairs, the 2 pools are still open to outsiders.

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Aug. 8th Board Meeting

• Reports by Beautification and Landscaping to repair curbing, replace mulch & shrubs
• Board hired Matteo’s as a new lawn service after last three lawn services quit.
• The August 5th Governing Documents Committee report raised concerns that can be accessed here.

Click to read minutes of the documents reform committee

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July 25th Special Board Meeting

• The Board voted to hire a new management company, Property Keepers at 1350 NE 56 ST, Fort Lauderdale 33334, replacing Next Gen as of Labor Day.
• Drive time to Property Keepers is equal to the old Benchmark, 50 minutes one-way via the Sawgrass or I-95, then east on Commercial Blvd. In other words, a 2-hour trip to pay your bills or deliver documents.
• Owner Brett Barnes can answer your questions at 954-586-5111 or info@property-keepers.com.

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July 18th Board Meeting

• Board takes steps to legalize its restrictive screening policy for new residents.
• This Board’s unprecedented screening policy is pointless, causing harm to all Holly Lakers who need to sell or lease their homes or even transfer titles among family members. As detailed above on this page, we are now forced to pay $1,000 fines and waive constitutional rights to appeal, if any title transfer is recorded before the Board grants its approval, an act that itself damages nobody.
• Treasurer Wyant has booked $38,000 in fines, just in the month of July.
• The Association’s attorney, Charlie Otto, held a Q & A session at the clubhouse, July 31st with 20 members attending. His proposed Covenant changes fortify Board power to control use of our homes to a degree not seen in neighboring HOA’s nor in Holly Lake’s history.
• Eager to avoid legal challenges, the 2019 Board will decide in secret as to what proposals Holly Lakers will be allowed to consider.

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July 2nd Special Board Meeting

• Members protested at the July 2nd Special meeting. Rule # 11 was quickly tabled, and the “annoy, pester, harass” language of the Rule to restrict backyard cuts was seen as another attempt to castigate members who must beg for information from lawn crews as to when their units will be serviced.
• Of the 20 attendees, a dozen commented on how the 2019 Board seems intent on controlling, rather than serving, our community.

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June 6th Board Meeting

• Pool gates were still without spring closures to prevent risk to small unsupervised children wandering in.
• Board announced third lawn service quit in 12 months.
• The Board planned to add another Rule # 11 to “levy fines and/or suspension of services and/or amenities” against any “lot owner, tenant or resident or their “guests, visitors and agents” for any behavior or act intended to “annoy, pester, harrass, abuse, mistreat or interfere with any Board director” or Association contractor/vendor/agent. This Rule is aimed to curb protected free speech and legitimate demands for required services by us homeowners. A fine can always lead to a lien on our properties.
• Board voted 3-0 to spend $16,300 plus permit costs for “A&A Playground”to replace play equipment at the tot lot instead of repairing it for $10,000. Sidewalk repairs were approved for another $4,257 to “Florida Sidewalk Solutions.” Manager Sajdak urged that we replace rather than repair our two pool heaters, now 11 years old, a likely $12,000 project.
• The proposed mailbox cluster at the baseball field may cost $30,000.
• Treasurer Wyant suggested $8/month increase in our maintenance fees to pay for these projects.

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May 2nd Board Meeting

• Mailroom shutdown within 3 months was threatened at the May 02 Board meeting. After talks going back 6 years, USPS now demands that Holly Lake close its substation, because it cannot comply with ADA access standards.
• We may need to pick up our mail across US 27, unless a pavillion with outside boxes can be permitted and built at our ballpark.
• Despite Board concern, the two pools remain open to outsiders, a liability issue if a small child wanders into pool area.
• Manager Kathryn Sajdak spent 7 minutes again threatening the Voice’s publisher with legal action for disputing her fantasy version of last November’s Nominations debacle.

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April 18th Board Meeting

April’s Board meeting was rescheduled for the 18th, Thursday before Easter week-end, when many Holly Lakers were out of town. Only 12 members attended. The Board moved to buy 12 pool chairs but tabled bids for new playground equipment. Mail room issues were discussed. The Board then approved fines for 40 homeowners without any inquiry into the merits of each case. These included property violations prohibited by City Code, but also heavy fines for unapproved tenants and use of LLC’s to avoid excess liability and probate risks.

March 7th Board Meeting

At the March 07 Board meeting, fee to replace magnetic cards for access to clubhouse gym and pool was set at $10; the first card per unit will be free. Fee to replace mailbox key is now $15. The rec hall rental fee is now $100 for private parties. No fee to reserve picnic pavillion at family park. Both facilities require added $50 deposits. The picnic tables west of clubhouse still lack one pole BBQ pit and a gazebo, approved and purchased in 2017.

Jan. 17th Board Meeting

All 5 officers were present at the January 17 meeting to begin their reign as 2019 roll-over Board. Tony Migliore wanted to remove all volunteers from the Advisory Committees and “start all over,” ignoring the many registered volunteers in 2018 who were never called to serve. New business included issues with PPines detail police, the new violations policy, and the need for posting new pricing for private use of the rec hall.

Only ten members attended the Board meeting. Of these, two were protesting demands by the Association’s attorney to pay $1,000 and sign a waiver to their constitutional rights under FS 720.305 (2b) to a hearing before our impartial Covenant Enforcement Committee, just for buying a house without prior Board approval. No damages to the community were even alleged. The buyer, a single mom, had paid $200 screening fee and presented her application to Next Gen, then waited weeks in vain for the Board’s decision to accept or reject under its 2018 Rules. Failure to pay the $1,000 fine and the attorney’s fees immediately becomes a special assessment and potential lien on the house. Buying, selling or renting our homes is always time sensitive. Subjecting applicants to the duress of unreasonable delays causes economic harm. President Moody announced that many others had been fined $1,000 plus attorney fees for such minor failures of process.

Recently, the Voice has learned that potential buyers or renters are being told that they cannot pre-qualify to be accepted as future residents under criteria detailed in the Board’s new Corporate Resolution. Instead, they must first contract to buy or rent in Holly Lake, a process that often requires weeks of searching, negotiations with us homeowners, and perhaps services of a broker, all wasted, if they are later denied the right to occupy their home.  Bankers routinely pre-qualify home buyers for mortgages, so that sellers can accept initial offers, knowing that the buyer has funding secured.  Any Board rule that makes buying a home more difficult in Holly Lake seriously degrades the market value of our property, usually the major life investment for many of us. Brokers won’t show our homes, when their clients may face weeks of delays from Next Gen’s approval process and then be denied the right to live here.  The better families can avoid our grief and go elsewhere. What other west Broward HOA’s screen prospective residents so thoroughly, while denying them the ability to pre-qualify? The goal of screening, to secure better residents, is defeated.

The Board needs to explain this counter-productive policy. Its only visible purpose is to squeeze us homeowners and their buyers for $1,000 fines plus attorney fees, when the buyers are forced to occupy before Board approval can be obtained, which is forbidden, even when no damages to community welfare are evident. Except for investors, any buyer who wants to reside here first had to vacate a prior home or apartment. A later Board denial or delay can result in being homeless.

How is this policy in our “best interests”? You can read the 2018 Corporate Resolution under the “News” drop-down here or at the Association’s website. Its stated purpose is to gather information before offering a right of first refusal, limited to appointing a committee for 60 days. Before 2006, waivers of the “first refusal” right were routine. Our Association has no legitimate interest in buying houses. So why is it used now to screen and deny prospective residents?

Since January 17, when the roll-over Board’s new fining policy was first revealed in public, its illegal persecution for violations of its procedures has multiplied. These $1,000 fines are demanded only for minor and often accidental failures to secure Board approval to transfer home titles, which itself damages nobody. Enforcement is selective. Some citations are for failures that predate the Board’s May 2018 Rules & Regs by several years, without any complaints from neighbors.

Victimized homeowners have emailed dozens of protests to the Voice. If you have been cited unfairly for violating procedures, then you are invited to join others in securing legal resources, emailing the Voice at:  michener@bellsouth.net. This offer is not for failure to pay dues, nor failure to keep a “neat & clean” home site, nor for misbehavior in common areas nor violations of PPines Code.

Click BELOW for details of a SPECIFIC 2018 meeting.

Sept 6 Meeting President Terri Moody said having back yards included in lawn service cutting resulted in too many complaints for her to deal with. This would force homeowners to cut their own back yards. The other board members thought it was a bad idea and discussion ended with no action taken.

Oct 4 Meeting Brightview Lawn Service quit after only one cut stretched over 12 calendar days, the Board president again blamed desperate homeowners for delaying lawn crews.

Nov 1 Meeting Terry Moody moved to give Tropic Star a $2,800 hardship bonus. Previously the Board voted to hire L & J Property for 3 days/week at $850/month for clean-up. Contract was rescinded at Nov 01 Board meeting in order to give maintenance job instead to Terry Moody’s most vocal political supporter.

Nov 1 Nominating Meeting President Moody tried to roll over her 2018 Board by declaring lack of quorum. When Ed Batten presented 33 eligible limited proxies to achieve quorum, she claimed that they were “presented late.” Next Gen accepted and vetted them, so that nominations continued. Treasurer Wyant checked her books to determine if any nominees were past-due on any fees to the Association, so that they could pay before Nominations Meeting was adjourned, in order to qualify per FS 720.306 (9-b). Candidates Batten, Rivera, and Brito were told that each owed modest fee balances.

However, when all 3 offered to pay immediately, Next Gen refused to accept their payments, contrary to the Board officers’ fiduciary responsibility, simply because its staff is “not insured to accept cash.” The decision eliminated campaign competitors for current officers Moody, Wyant, and Badin. Last year, for far larger debts, then treasurer Moody demanded that Trisha Cogan be given 5 extra days to pay. Trisha was seated unopposed for 2019. Except for vice-president, the other 4 officers were ready to enjoy an engineered roll over.

December Meetings The December 06 Board meeting that was announced in E-blast, on website calendar, and street billboards for after the Annual Meeting was never convened. As Tony Migiliore declared, “I’m finished for the year!”. However all board members (including vice-president Migliore) were forced to convene an emergency meeting on Dec. 19th. to deal with issues that should have been addressed at the Dec. 6th meeting.