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The Morning After:
Bad Hangover or Royal Headache?
The limits of tyrants are prescribed by the endurance of those whom they oppress.
~Frederick Douglass
We the People …are ticked off.
~Humorous tee shirt slogan
Yesterday’s recall vote probably left everyone with a royal hangover. This is the third time that the people of The National “went to the polls” and voted for fiscal responsibility. It is the fourth time if we count the results of the Golf survey. First of all, there was almost a zero chance that this foolish recall venture was ever going to take wings with the high bar of 450+ votes required to repeal any duly elected Golf Board member. So, why should we be glad that it happened anyway?
In retrospect, while we must remain concerned about even more money from this fiscally strapped community being wasted on such an imprudent endeavor, let’s pray it will finally settle this question once and for all:
What do the majority of the people in this community really want?
Apparently, they did NOT want to repeal a duly elected Board who won their seats in a fair and square election process. According to the recent Golf survey, they also DO want all sources of legitimate and reasonable revenue to be pursued to keep dues and assessments in check. May I be so bold as to post a short list of other items that most of the community wants? This is compiled from the abundance of feedback and comments that we continually receive from concerned National homeowners.
In the Spirit of this nation’s 250th anniversary, let’s take a refresher course on American law by first reviewing the Bill of Rights. Amazingly, it’s 100% apropos even when applied to this little “National” community! Ironically, it was written after overthrowing the “royalty” thinking that was the bane of the American patriots in 1776.
Interestingly, these timeless concepts are STILL what we want today!
We the People of The National want…
Amendment 1: Freedom of speech, religion, peaceful assembly and freedom of the press.
Religious and Political messages (like this one) are protected by our laws. It is not “spam” to reach out to your neighbors when issues arise that concern the entire community. Newsletters are another important part of keeping a community informed. You have the right to “unsubscribe” at any time if you do not wish to receive these messages.
Along with freedom of speech, we have the right to peaceably assemble. This right gets violated when other people scream, chant, swear and disrupt our Board meetings by not following the rules of decorum and public speaking that were put in place. Therefore, “we the People” want the Board to retain and promote “peaceable assembly.” They must also remove or sanction (or both), people that repeatedly refuse to obey these rules. We don’t want Board meetings held “behind closed doors” with bad acoustics unless we risk becoming the “royal snootiness” that we just voted out. If people insist on being unruly…throw THEM out. Do not lock out the good people who want to engage openly in the public meetings.
Amendment 2: The Right to Bear Arms.
We the People expect that all reasonable options are considered and put in place to keep the citizens of the National safe and secure. There are obvious lapses in our current security system. Now that there is a strong security committee in place, with highly experienced law enforcement veterans, I hope these gaps will be filled.
Amendment 3 &4: No house entry without consent of the Owner, No unreasonable and/or illegal searches and seizures.
While we expect security, we don’t want to live in a “Nazi” and “Karen” regulated community. Unreasonable requests to “show your papers” and getting harassed at pool outings and gym visits exceeds granted authority. Calling the police on your neighbors who are simply enjoying a friendly pool BBQ get together is completely out of line. Illegal “seizures” and “searches” must be put to a stop. We have had complaints that people had their driver’s license improperly seized at the gym while inappropriately questioning their right to be there. Asking tenant applicants “What is your familial status?” is not only TMI, it is quite possibly a Federal and State Fair Housing violation. We may also be risking a serious and expensive HOA lawsuit.
Amendment 5: No one shall be deprived of liberty or property without due process, nor shall private property be taken for public use, without just compensation.
This goes for robbing people of their right to transfer their golf membership justly and fairly. This was the initial “shot” fired which started the entire commotion within The National. It still needs redress! We must “homogenize” the fees for members AND member-transferees (who should enjoy the same rights once a reasonable transfer fee is established and paid). Tenants have been unfairly locked out of golf events and treated as second class citizens. This is no different than the “non-landowners” uprising when the Magna Carta was written. While initially written for the nobility, the Magna Carta profoundly influenced how non-landowners eventually gained their rights and was the precursor to the American Constitution. They also have “skin in the game” and deserve the same equal rights.
Amendment 6: Right to a public trial with an impartial jury.
We cannot tolerate people in positions of power who only have their own self-interests at heart and operate clandestinely. Administratively taking rights away from people simply “because we can” is not appropriate or moral. Impartiality is embedded and enshrined in American jurisprudence.
Amendment 7&8: Right to a jury of your peers. No Excessive fines and penalties. No cruel and unusual punishments.
Let’s not go down the road of some other dictatorial HOA communities. Sending someone’s file to the attorneys to start a foreclosure action should not be the first order of business on delinquencies. While we must follow the documents that govern us all, there is no reason why friendly phone calls and emails cannot precede legal action. I have personally witnessed several well-heeled clients (easily able to pay their HOA dues!) who simply did not understand how to register for auto-pays or had their auto-pays accidentally shut off get a foreclosure notice from our legal counsel. This should not happen and can be corrected by a simple phone call!
Amendment 9: Any rights not specifically listed here do not abridge or deny any other rights retained by the people.
The 9th Amendment forbids courts from creating new governmental powers through their own interpretation of the law. I think this is the exact thing that has happened in other Lennar bundled golf communities as well. For some bizarre reason, it has become the norm to create a “Ponzi scheme” method that steals the golf rights from member-transferees through expensive transfer fees and disparate golf cart fees which don’t actually “transfer” anything resembling the golf members original existing rights! People's property rights should come first, not shutting people out.
And lastly, maybe most importantly:
Amendment 10: Powers not specifically delegated are reserved to the PEOPLE.
This includes the right to remove out of control authoritarians. No one is untouchable. If you let your position go to your head, you may find it on the next election chopping block. Be accessible, open and transparent. Respond to member concerns and emails. Treat people cordially and respectfully. Represent the ENTIRE membership, not just your close circle of friends.
If I might be so bold as to add a few others, it would be these:
1) We the People want more and better communication. While the ICON team does a fine job of putting out many communiques, when there are serious issues at hand, these items deserve their own, separate communication with a title such as: URGENT…DO NOT DISCARD THIS EMAIL—OPEN IMMEDIATELY—YOUR ACTION IS REQUIRED and/or NECESSARY. This is particularly important on voting and survey issues. We have had so many people tell us that they did not receive and/or recognize extremely important emails. We highly recommend that ICON undertakes an annual effort to periodically update members information. Addresses, phone numbers, and emails constantly change. We need to get a handle on how to reach out more accurately and consistently to membership.
2) We the People don’t like being sidelined. We don’t want words like “landlord” and “tenant” and “investor” or “condo owner” to be said with a sneer. We hold these truths to be self-evident: ALL MEMBERS ARE CREATED EQUAL. I think it is pretty "self-evident" that I personally do not care what people say about me, but it pains me to see an entire noble profession, with its own very well-defined rule of Ethics, slandered as if “realtor” was some sort of dirty word. They are your neighbors and also homeowners themselves. More often than not, their interests are closely aligned with those of the community.
3) We the People want the Golf and POA Board to work together amiably to enact changes (such as more open policies on restaurant usage and golf parking) to be put in place. We expect this little “nation” to be constantly improving. Change is not bad when the majority of the community is in agreement and unity. If the Constitution can be amended, so can the original Lennar documents.
Remember, when the original Constitution and Bill of Rights was written, slavery was still legal and women did not have the right to vote! Simply because “that’s the way it has always been done” doesn’t make it morally right. "Consent of the governed" is another very important hallowed precept.
I’m excited to see what the Golf and POA Boards will be working on in the near future. Remember…
We the People will be watching.
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