
Declaration of Covenants and Restrictions Advisory Committee Overview
Explore the objectives and processes of the Wedgewood Homeowners Association's Advisory Committee tasked with reviewing and advising on covenant modifications. Learn about the committee members, goals, review process, and timeline for success events.
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Wedgewood Homeowners Wedgewood Homeowners Association, Inc. Association, Inc. Declaration of Covenants and Restrictions Advisory Committee Status January 24, 2018 1
Updated 01-24-2018 Committee Members Bob Vellante, Chairman, r.vellante@verizon.net, 813-634-2197 Bob Bauer, bauersteenr@gmail.com, 813-634-7284 Rick Chilson, rrchilson49@gmail.com, Dave Gilberg, david.gilberg@yahoo.com, 813-922-4140 Gloria Smith, glomike1805@hotmail.com, 813-633-3390 Laurie Stevenson, womanblock@bellsouth.net, 954-401-5957 Ken Thoman, kethoman@verizon.net, 813-633-1481 Committee is comprised of fair, reasonable, and dedicated members that have the well-being of the community in mind. 2
Committee Goals Review entire Declaration of Covenants and Restrictions, Article by Article, and advise the Board of Directors whether each is/should be: OK, as is Deleted in it s entirety Deleted in part Modified. Recommend new, added Articles/Sections, if appropriate Upon completion of our review, recommend whether to amend the Declarations or to Repeal and Replace Educate/inform the Community of any recommended deletions, modifications, and/or additions Any and all revisions/modifications of language will be left to our lawyers. We need to communicate our intent. 3
Process Review the existing Declarations in its entirety Regularly brief the Board on the committee s progress Periodically compare our status to LEW s mark-up of Wedgewood Covenants as well as Verona Covenants Communicate committee meetings & progress via our website/email Upon completion of our review, apprise the Homeowners via an informational meeting Determine, via straw vote, whether the homeowners agree or disagree with our recommendations Once homeowner concurrence is apparent, request our lawyers to draft new language, as appropriate. Request legal advice relative to conflicts with Florida Law, if any Ensure the lawyer s language meets with the intent of the Homeowners, Committee, and Board Prepare formal document for Community vote 4
Updated 01-24-2018 Time Line for Success Event Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Advisory Committee Kick-off Create Website Page for Covenant Activities Review & Modify Covenants as Appropriate Update Board on Committee Status/Progress Homeowners Informational Meeting Submit Intent of Covenant Changes to the Lawyer Verify Lawyer's Language meets our intent Complete Formal Documents for Annual Packet Annual Meeting 5
Updated 01-24-2018 Next Steps Solicit 6 Committee Members Diversified backgrounds Mix of older/newer community members Mix of full-time and part-time residents Establish Committee meeting dates and time Wednesdays, beginning January 10, 2018 at 6:30 PM in the Armstrong Room Frequency of meetings (weekly/bi-weekly) TBD based on progress Determine time-line of events Create separate page on our Website (Wedgewood1.com) for Committee minutes, updates, status, etc. Review the Covenants and have prepared comments/recommendations prior to each meeting. This preparation will speed things along. Regularly brief the Board on the committee s progress ongoing ongoing 6
Updated 01-24-2018 Action Items 12/13/2017 Get copies of Wedgewood 2 Covenants for comparison purposes Get copies of Wedgewood 3 Covenants for comparison purposes Get a copy of Greenbriar s Covenants. (POC identified by Rick Chilson) Schedule a CA facility to hold our meetings (Atrium Armstrong Room*) 01/10/2018 Add a Table of Contents to the recommended Declaration Ensure Declaration s text is consistent with any revised definitions Get 2 copies of Red Book for committee members Reference the Plat # for common property 01/24/2018 Add a definition for Tenant(s) Confirm the chapter & section that governs our HOA *Every Wednesday, 6:30 -8:30 PM, from 1/10/18 thru 3/28/18. Exception: On 3/14/18, we re in the Palm Room 7
Updated 01-24-2018 Questions - Answers (Q) What are the logistic ramifications of correcting the spelling of Wedgewood to Wedgwood ? (A) Wedgewood is spelled as intended, and is used throughout the USA. Changing the spelling would require legal research to ensure Wedgwood is legally useable. If it is, it would require changing all our governing documents, refilling of same, changing our bank accounts, IRS filings, etc. This would be a very costly endeavor. (thanks to Gerri Garretson for her inputs) (Q) What are the legal ramifications of changing Wedgewood from Inc. to a LLC ? (This question was raised by resident Arne Goldklang) (A) It is a legal opinion from a friend of a committee member that HOA s need to be a Florida Corporation and no other legal entity. Section 720.301 (9) provides that a Homeowners association or association means a Florida corporation responsible for the operation . The statute specifically says corporation and doesn t mention other kinds of legal entities. Section 720.302 (1) provides that The purposes of this chapter are to give statutory recognition to corporations not for profit (which we are) that operate residential communities in this state, to provide procedures for operating homeowner associations, and to protect the rights of association members without unduly impairing the ability of such associations to perform their functions. Finally, Section 720.303 (1) provides that An association which operates a community as defined in s,720.301 must be operated by an association that is a Florida corporation. Nothing in the statutes provides any wiggle room on the type of entity appropriate for an HOA; it must be a Florida corporation. 8
Updated 01-24-2018 Questions Answers (continued) (Q) Is the Statute relative to Article I, Section 2 Statute 3.01? (A) This question is still being researched. (Q) Is common property taxed by Hillsborough County? (A) It is, but since the appraised value of our common property is zero, there are no taxes assessed. (Q) Is the property behind Berry Roberts lake common property? (A) It is. Unsaleable areas of Wedgewood were deeded to the association as taxable common property. This property is designated as Tract A , which includes the dry lake (has never held water, is overgrown with natural brush, is part of the county storm drainage system, and must remain in its natural state), the Berry Roberts Lake and the Wetland Conservation Area extending back to the creek, plus the area around the pumping station and the Wedgewood sign. (Q) Does the CA have limits relative to the number of people residing in a home (ref. Article I, Section 12)? (A) This is yet to be determined and remains unanswered. 9
Updated 01-24-2018 Questions Answers (continued) (Q) Can Wedgewood legally limit the number of permanent occupants within a home? (A) Article I, Section 12 defines Family as one or more persons each related to the other by blood, marriage, or legal adoption, or a group of not more than three (3) persons not all so related, together with domestic servants if any, maintaining a common household in a Unit. There currently does not appear to be a limit. A recommendation to limit permanent occupants to two (2) per bedroom is being considered by this committee. (Q) What does artificial entity mean as contained in the definition of Person (ref. Article I, Section 17)? (A) According to Quinbee slegal definition, an artificial entity is An organization, such as a corporation or limited liability company, that is created by statute, in contrast to a natural person. (Q) What is an appropriate grace period for delinquent payments? LEW had recommended 60-90 days. What would our lawyer recommend (ref. Article III, Section 3 (a) (ii))? (A) Rather than consult our lawyer, the Advisory Committee will recommend a 60 day grace period at which time a reminder notice will be sent. Following a 90 day period, the Board may take legal action as deemed necessary. 10
Updated 01-24-2018 Community Inputs David Hanson (01-06-18)- Pointed out a FCC compliance concern relative to outdoor television antennas (ref Article III, Section 4, paragraph a, xii). Arne Goldklang (01-10-18) Suggested that Wedgewood Owners Association, Inc. become an LLC to protect residents against law suits. Sharon Buckels (01-22-18) Questioned changing homeowner to resident in Article III, Sections 3, 3(a),3(a)(i), and 3(a)(ii). Also suggested defining Tenant(s) . 11
Updated 01-24-2018 Meeting Attendance Record Kick-off 12/13/17 1/10/18 1/24/18 1/31/18 Committee Members: Bob Bauer Rick Chilson Dave Gilberg Gloria Smith Laurie Stevenson Ken Thoman Bob Vellante Residents: Arne Goldklang Winnie Goldklang 12