On the 3rd of May, 2019, Mallory Creek HOA Board of Directors sent a Special eBlast that read:
email SPECIAL EMAIL BULLETIN, MAY 2019
To all Mallory Creek HOA residents: To assist in clarifying the Town of Jupiter Notice of Public Hearing signs in the community, please review the brief summary below of the subject matter:
● Prior to the developer turnover, the Town and the Developer approved fences in areas that were designated on the Plat of Mallory Creek as an “Open Space Tract”(OST).
● To amicably resolve this issue, and after a resident committee was formed with a board liaison to investigate solutions, the Board ultimately voted to sell the land to the 14 owners along the West side of Wymberly Drive.
● The sale price was determined based on an appraisal of the property by a Florida certified appraiser.
● No structures are being built in the area in question. There will be no impact to or encroachment on the preserve area.
● The Board unanimously approved the plan last year. The Abacoa POA approved the plan to re-plat the OST tract so that it could be conveyed to each of the 14 Lot Owners.
● There is no negative financial impact to the Association. The West Wymberly landowners are responsible for all costs associated with the transaction.
● This matter was addressed at open and noticed board meetings over the past two years.
Mallory Creek HOA Board of Directors
Here are the facts, bullet point by bullet point:
· The Developer did not approve, nor does the Town have the authority to approve, fences to encumber our Open Space Tracts. The Dedication and the Plat demonstrate the opposite. The Open Space Tracts as drawn in Plat 1 are the perpetual maintenance obligation of the Association for the purpose of providing public pedestrian access. There are 28 other Open Space Tracts with the same designation and purpose. There is no proof the Developer of the Town okayed this violation of HOA Covenants.
· To characterize this attempted sale of land that belongs to all Unit Owners, to 14 private homes, as "amicable" shows true colors of the Board. Hostile takeover is more like it. The gang of 14, in their plan to usurp Association land, are offering seven thousand dollars, to gain control of 18,000 square feet of sodded land intended for everyone's enjoyment. That translates to 12 dollars one lump sum to each Association Member. In return 14 private homes get to build sheds, sink bigger pools with more expansive aprons or in-law suites on the newly acquired land—land acquired furtively and in bad faith off the backs of the other 567 Members.
· Seven thousand dollars is piracy. In West Palm Beach-Boca Raton, FL one acre sells for $1.3 million. Forty percent of that is over half a million dollars.
· Sure, there are no structures now. The review process for potential structures and improvements for this once Open Space Tract after any sale would involve the same Board and private home Owners that got us into this mess in the first place. The reader here should, by now, be getting a better picture of the degree of good faith among the potential Grantees.
· The Board approved the plan with the President being one of the 14 private homes. Are we starting to see why this petition is necessary?
· No negative impact on the Association if the members don't mine having their pockets picked.
· If the matter was so openly addressed, why is it under New Business on the agenda in the meeting before the eBlast? Typically in these meetings there are less than a dozen folks in attendance and five of them are on the Board and one is the Management Company. You should now have a nearly full picture of this travesty Mallory Creek HOA is faced with.
Join in dissent against this indecent proposal of the Gang of 14 and Mallory Creek Board of Directors.