Fellow Residents,

We have re-submitted our petition to the HOA demanding a Special Meeting of the Members to approve modifications to the Governing documents (See attachment 1).

 Our petition also complies with the procedures set forth in Fl Statue 720.303, section (10) RECALL OF DIRECTORS, to trigger a call for a Special Meeting of the Members for the purpose of recalling a director. The resident’s committee reserves the right to submit this item of the petition at a different time in the near future. Here is what has happened over the last couple of months.

We have continued to collect and validate homeowner’s names for our petition. As we stated in earlier updates, our first submittal was rejected by the HOA and their legal counsel, because they challenged the actual number of valid homeowners on our petition as being insufficient to trigger the requirement for the HOA to schedule a Special Members Meeting to address our demands. In the 200+ names we submitted 37 instances where both husband and wife signed the petition (only one homeowner can be submitted) and several duplicate names were included. We have diligently validated our current list to ensure the property owners were clearly identified and that we meet the trigger requirements for calling a special members meeting.

Additionally, I have sought out and received legal opinions from one of the top trial lawyers in the State of Florida to determine if the process to negotiate and approve the last Bi-Party agreement was proper and legal. The legal opinions received clearly show that the process used by the HOA and ECC to negotiate and approve the last Bi-Party Agreement was significantly flawed, non-transparent, was improperly noticed, was not done with the voting consent of the members, violated several state laws, had grotesque conflicts of interest, and the conduct of several HOA and ECC Board members and key committee leads constitute clear departures from their duties to act within the limits of their authority under statute and by-laws. These actions, as stated in the legal opinion, constitute breaches of contractual and fiduciary duties owed to the residents of the Eastpointe Community. As such, it is the position of our legal counsel that the passage of the Bi-Party Agreement itself is invalid and voidable under Florida Law.

To ensure that the residents of Eastpointe are never again subjected to an improper process for forcing changes to governing documents, new assessments, or new Bi-Party agreements we must change our Governing Documents, as detailed in Attachment 1. This petition submitted to the HOA is the first step we must take. The next step is to rally support throughout the community to vote for the 7 changes to the governing documents listed in Attachment 1.

The next question is what to do with the current Bi-Party Agreement recently improperly approved by the HOA and ECC Boards. I have attached a survey requesting your input. Voiding the current Bi-Party agreement is not something to be done quickly or without serious thought. Please click on the link below to take this very quick survey. Only Eastpointe residents should respond to the survey.

https://www.surveymonkey.com/r/EPBiPartysurvey

More information will be provided shortly. The HOA has a limited amount of time to respond to our petition. Should the HOA ignore our petition and fail to schedule the Special Members meeting to vote on the modifications and amendments to our governing documents, we may have to resort to legal action.

 I am sending this update via the Change. Org web site and also thru a controlled email list of those residents who have signed the petition. If you only receive the change.org notice, that means I do not have the correct email address for you to receive private messages regarding this topic. Please send me a private email letting me know so I can update the contact information for you. Thank you for your continued support to improve our community.

You can find the attachment 1 list of requested modifications at the following link:

https://eastpointerealinfo.com

Bob Johnson

703-328-0052

Bobbyjva06@gmail.com