We are homeowners and residents in a Neal community called Skysail in Naples Florida. The community is within the Hyde Park Community Development District in Collier County. The community has a large system of retention lakes that are maintained by the CDD. These lakes are a major attraction for local fisherman. Although the CDD prohibits fishing in the lakes, it does not enforce the no fishing rule. The community has a gated entrance; however, the gates are open daily by order of the Neal Real-estate Sales team. The CDD and Community is governed by a Declaration of Covenants, Conditions and Restrictions which grants Neal (The Declarant) full control over the community and its access points. There is a separate entrance for trucks and contractors. The truck access point is also open most of the time. Truck drivers prefer the main entrance, and they enter and exit unimpeded daily.  Trespassing by non-residents through both access points during the daytime is routine. Trespassing occurs during the week and mostly on weekends. In addition to public safety, relentless dust clouds from heavy trucks threaten the health of the residents, dust covers outdoor patio furniture, recreational areas, lanai screens, walkways and vehicles. Water trucks to mitigate dust have been sporadic and rare. Dust clouds have become part of living here at Skysail. Despite all these problems, Neal takes no action in direct contradiction to their mission statement, “customer satisfaction matters most”.

Since the community is only about 30% complete, the Neal HOA Board maintains 100% control as the “Declarant” and refuses to act without explanation. With the gates open all day, it is likely the residents will continue to confront trespassers in their backyards and throughout the community.  The HOA’s refusal to address security violates its fiduciary duty to act in the best interest of the residents and undermines Section 12.13 of the Declaration, which governs dispute resolution. 

We, the Skysail residents respectfully request the Neal Board of Directors ensure that:

·        The HOA enforces its own covenants and restrictions.

·        Security and safety concerns are formally addressed.

·        Security Gates are closed 24/7, especially on weekends, to prevent trespassing.

·        Dust mitigation measures are implemented regularly to protect resident health.