Madeline,
I read your article about the Anderson/Garrison solution to the canal
dredging problem and I am highly insulted. Do these two geniuses actually
believe that the 2009 Board did not consider a sub -association as a solution!!
In reviewing old documents, I found several cases where this idea was
discussed. At least one attempt at a sub-association was initiated by the
water front property owners. In the early ‘80’s, individuals owned 20
waterfront lots and the developer owned the rest. When these waterfront owners
approached the developer controlled Board about a sub-association, the answer
from the legal standpoint was that it couldn’t be done.
This idea was again floated by the attorneys in the early and then late
‘90’s. The attorneys’ opinion continued to be no because of legal issues.
I approached Tom Winslow about the same idea of a sub-association. In his
opinion, adding a sub-association would mean a change to the covenants, not the
by-laws. Additionally, the WPA could not force this idea on any existing
property owner as ‘they’ hadn’t bought their property with these
conditions.
For the life of me, I can’t understand Garrison’s resistance to individual
assessments. I know that Carol Zieske has said that individual assessments can
only be used for small projects. She must have a crystal ball because the
by-law doesn’t indicate any amount. I guess individual assessments were only
allowed when she was on the board! To date, no one has challenged this
assessment in court!
I find it interesting that Adam is proposing that the board contribute
about $40-$50 per household as their share. At $50 per household, the amount
comes to $28,850. This amount is supposed to ‘cover’ the 45% of unsecured
waterfront the WPA owns as well as the debris added daily by the drainage
system. If we do some backwards math, $28,850 is 45% of $64,111 leaving
$35,261 for the canal lot residents to contribute or about an additional $452
per property. Where did Adam get his figures? What is the cost of the next
dredge? At $64,111 annually when can we do a maintenance dredge? How much will
be dredged?
I believe that any intelligent property owner would want answers to these
questions before making any decision. Once again, I ask—WHAT IS WRONG WITH
INDIVIDUAL ASSESSMENTS OTHER THAN THE CC LEADER DOESN’T LIKE THEM?
Jude
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