The Eastpointe Resident’s Committee is submitting the attached petition, signed by more than 240+ lot owners of the community, demanding the following: 

1.     The Eastpointe Residents Committee believes a new properly certified agreement which follows Florida Statues and approved by a majority of the voting membership present at a special meeting, is achievable, desirable, and in the best interest of the entire community. The residents of the community demand input into this agreement. The current agreement/ proposal, as written, will not be accepted by the community.

2.     The HOA Board postpone any actions to finalize the Bi-Party Agreement with the ECC, and any formal signing of the modified Bi-Party Agreement, until a community vote is conducted by a majority of the voting membership present at a special meeting, on the proposed final agreement. This includes:

·  The HOA Board replace current designated HOA negotiators with the ECC with HOA Director Jim McCrudden, RSM Dave Asciutto, and RSM Allan Marconi representing the HOA.

3.     That the HOA Board call a special members meeting, not later than 60 days after the receipt of the petition, to take the petitioned items up on an agenda. At the special members meeting, the HOA will present to the community for approval, amendments to the Governing Documents, provided as Attachment 1, which eliminate any ambiguity that the initiation and process for approval of any special assessments, negotiated final Bi-Party Agreement with the ECC, or legally modified Governing documents that shall only be finally approved by a majority of the voting membership present at a special members meeting. As stated, the amendments to be voted on are listed in Attachment 1. This requires the HOA Board to:

·       Send out the notice to owners in accordance with the 14-day notice requirement.

·       Send out Attachment 1, in the appropriate format, as a ballot to be voted on by the members at the special members meeting.

4.       At the special members meeting, present a ballot to recall and remove the HOA Director and President of the HOA, Ira Berger, and if successful, elect his replacement.  The Written Recall agreement is included as Attachment 2. This requires the HOA to send out to the owners for vote, Attachment 2, the written ballot, for the recall of Ira Berger from the Board of Directors.

5.      Upon receipt of the Petition by the Board, which includes over 2 x times the required number of voting interest within the community calling for recall of a Director, the named Director (Ira Berger) must: 

·       Step down / recuse himself from any actions, activities, or votes that come before the HOA Board until such time as the recall vote by members is conducted and certified.

·        Furthermore, a board member who has been named in a recall petition (in this case Ira) may not be appointed or elected to a position as an officer or a director of any other association within the community and may not have access to the official records of the association, nor access to the resources of the association, except pursuant to a court order. 

·       However, if the recall is unsuccessful the director or officer shall be reinstated for any remainder of his or her term of office. 

The procedures governing the conduct of the recall election as well as the operation of the association during the period after recall and before the recall election are required under Fl Statute 723.078 Bylaws of homeowners’ associations. — (i) Recall of board members, section 6. Currently, our Bylaws are silent on this requirement, but compliant rules have been added in Attachment 1, amendments to the Governing Documents, to be presented to the members at the special meeting.

6.     The HOA Board must understand that the Eastpointe Residents Committee, representing well over 240+ lot owners, believes the process used to date is not transparent, not in the best interest of the community, and has been corrupted. We are prepared to initiate legal actions to invalidate the current Bi Party agreement, if necessary, as well as the previous Bi Party agreement which was, in our opinion, illegally approved by a Board only vote following a process that in our opinion, violated Florida Statutes. We believe that the above actions are warranted because:

·       Our Governing documents require that any modification or amendments must be presented to the membership for approval and must be approved by a majority of the members in attendance, either in person or by proxy, at any annual or special meetings of the members. The Board of Directors retains the power to assess each Lot, as necessary, as part of the ordinary annual budget process, to fulfill its obligations to provide adequate and proper operations and maintenance of the land and facilities. The Board of Directors may not levy a special assessment, i.e., those assessments that are outside of the ordinary budget process, and which include amenity fees (Under section 720.301(1), the terms “assessment” and “amenity fee” are synonymous) for country clubs or other items which were unknown to the Board of Directors during the annual budgeting process, without membership approval.

·       Florida Statutes in numerous sections states the requirement that special assessments and amendments to governing documents must be approved by a majority of the members in attendance, either in person or by proxy, at any annual or special meeting of the members.

·        There is significant case law supporting our position that the HOA Board, by approving this agreement, will be retroactively impairing the substantive contractual rights of the residents of the association, and that the HOA Boards actions, and this proposed Bi-Party agreement, as well as the Bi-Party agreement executed in November 2021, were improperly executed, and should be voided.

·       Having informed the HOA Board of these substantial issues, it is our committee’s position that for the HOA Directors to continue down the path to approve this agreement without allowing the final agreement to be approved by the total voting interest in the association, potentially constitutes gross negligence and/or willful misconduct.

7.     The HOA Board must understand that the Eastpointe Residents Committee, representing well over 240+ lot owners, demands honest, transparent, and legal governance. We prefer engagement and negotiation. However, you have chosen not to engage, and to ignore the residents’ issues.  If necessary, we are prepared to initiate legal action to invalidate any agreement that provides for a material alteration with substantial additions to our membership agreements with the ECC, without approval by the total voting interest in the association.