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Thursday, September 6, 2012

RESIDENT JUDE DAVIS RESPONDS TO "RESPONSE FROM THE BOARD REGARDING CANAL SUB ASSOCIATON LEGAL OPINION"

HERE IS JUDE'S RESPONSE:

Dear Examiner,

I must congratulate you on your ability to solicit answers from the Board. I sent a request to see Moody’s written opinion regarding forming a sub committee on August 20. After the August meeting, Bob told me that he had told Edmund to inform me that Moody’s opinion was NOT in writing. To date, I’m still waiting!


I am amazed that the entire Board is not crying foul with this screw-up. Yes, the Board can legally form a sub-association until someone challenges it in court! I would not want to be a member of any Board that must defend its actions based on a second hand conversation! Adam indicated in his response to you that he can ‘understand’ why Moody didn’t put his opinion in writing. I can’t. Perhaps, through the Examiner, Adam can explain the reason why this Board is considering actions based only on a conversation that they did not hear. What is happening with this Board that the documentation to support their decisions is not available? Has documentation fallen into a hole labeled “Can’t be bothered” or maybe one labeled “Let’s hide this part?”

I challenge Moody’s report that a sub-association is viable. Most of the community, including the majority of the canal lot residents, are unaware of this plan. The polling needed to be done before viability was discussed! Once again, the cart is before the horse.

In addition to asking to see the opinion, I included the following:

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?


Jude