20200707

TREPO Board Meeting Minutes July 7, 2020 (approved August 4, 2020)
Board Members Present: John Bryant, Charlie Arnett, Joan Nano, Linda Hizer, Tom Tramel, Glenn Hunter, Sammy Keen, Sassy Johnson, Charlee Thompson, Mike Wilson
Board Members Absent: Phyl Rea (excused)
Officers Present: Wally Germany, Evelyn Johnson Officers Absent:
Alternates Present: Alternates Absent: Karen Mullins (excused)
Guests: Charles Amick, Karen Faunce, Jackie and Derek Moore, Mike and Darcy Cartwright, Lee and Cheri Kennedy, Elaine Davis, CA Boone, Michele and Chad Padgett, Rick Palm, Sandy Tan, Tommy and Shirley Matthews, Jesse Crane, Rocky Ford, Bruce Wilson, Dan and Vonda Ackerson, H. Lowry, Debbie McClelland, Mary Pergande, Drew and Regina Severance, April and Brent McDaniel, Susan Johnson, Cindy Wisniewski, Cari Arganbright, and 2 others (could not read names)
John Bryant called the meeting to order at approximately 7:00 p.m. John Bryant led the Pledge of Allegiance and Mike Wilson said a prayer. Linda Hizer called the roll.
Linda Hizer reviewed she had sent an e-mail of June’s minutes and handed out a hard copy to the Board members and officers. The minutes were approved by the Board.
Evelyn Johnson presented the treasury report sent by e-mail. The treasury report was accepted by the Board. A motion was made and passed unanimously to accept the treasury report. *****A motion was made and passed unanimously to hire Mary Pergande to audit TREPO’s treasury records.
Newsletter Report:
The Newsletter Report was next on the agenda to accommodate Karen Faunce. The next newsletter will go out in September for the October election and BBQ, October 10th. Karen Faunce suggested a nomination committee. Karen also reminded us that in past years, members running for the Board who lost were used as alternates. She asked if the present Board members up for re-election would be running in October 2020. All Group B Board members will be running again: John Bryant, Glenn Hunter, Sammy Keen, Tom Tramel, and Charlie Arnett. Wally Germany will not be re-running for President. Open offices include: President, Vice President, Secretary, and Treasurer. Four alternate positions are needed in the election, plus 2, 2 year positions (Group A) need to be filled due to resignations. Linda Hizer stated she would run for a 2-year position. Karen Faunce stated she had received a few other applications to run for the Board.
The deadline for mail-in ballots: 10/5 Newsletter mail date: 9/18 Newsletter to printer: 9/14 Copy & info to editor: 9/9
Karen asked for a short autobiography, 50-100 words, from each person running for a office. If a person re-running for office wanted to use a past article they should let her know. The new articles can be sent by e-mail to, karenfaunce@windstream.net <mailto:karenfaunce@windstream.net> or brought by her residence at 202 SW Riverside Drive. She also gave her phone number, 386-497-4935.
Membership Report: Charlie Arnett reported, for Mike Foret, a new total of 805 members for SC and CC. John Bryant stated that Mike Foret would not accept deeds unless they were stamped by the county the property is in.
Park Management CC:
Jesse Crane and Mike Cartwright reported they have moved the signs at Mid-Point Park to make a safer entrance to the park. The grill has been replaced.
John Bryant talked about a key, with the numbers ground off, had been confiscated by Terri Hester. He reported people trying to have our keys duplicated. John defended the gate greeters saying they are not required to open the gate for people. He praised the gate greeters and thanked them for their work and dedication.
Joan Nano reported an email by a nonmember asking if they could park at Hodor Park, get in at the State Park, and get out again at our private Hodor Park.
(2) Rocky Ford informed TREPO that the county would be building a guardrail along the road at Fishing Park. The audience clapped their appreciation. Gates are to be discussed at a later date.
Park Management SC:
Water has come up at the boat ramp and have had to move the picnic table twice.
John Bryant reported the toilets and sinks have been worked on at Boat Ramp Park in SC. He is still woking on the water and electric to the pavilion. He emphasized the importance of not bringing glass bottles into our parks because of the damage it can do to little feet.
Old Business:
John Bryant stated there had been a lot of confusion about refiling our Restrictions and Covenants. It is his understanding, with the new 2019 Florida Statutes, that refiling is a must after 30 years (by October 6, 2020). “Our last filing was in 1990. We are trying to be compliant with the law. We are not changing any of the Restrictions and Covenants at this time. These can be revised at a later date if we want. An HOA and POA are one and the same. Right now we need to get the filing done and notify the property owners. In order to do this, we need to find out the proper way. If the lawyer does this, it will cost about $4,000.00. I think it would be best to let the people who know how to do it, do it.”
Joan Nano asked, “Under what law did we find it had to be renewed after 30 years?”
John Bryant asked Tom Tramel to respond.
Someone in the audience stated, “What happened to the lawyer being at this meeting.” No one answered.
Tom Tramel: When I came on board I said there were two things that we need: an attorney to make sure we as a Board do what is right……and we need to have an audit………I went to Bruce Robinson to review our questions, the Restrictions and Covenants, to see if we were on the right track.
Bruce Robinson comes highly qualified:
Personal injury <www.rkkattorneys.com/practice-areas/personal-injury/> Car accidents <www.rkkattorneys.com/practice-areas/auto-accident/> Semi-truck accidents <www.rkkattorneys.com/practice-areas/semi-truck-accidents/> Wrongful death <www.rkkattorneys.com/practice-areas/wrongful-death/> Family law <www.rkkattorneys.com/practice-areas/family-law/> and domestic violence issues <www.rkkattorneys.com/practice-areas/faq-domestic-violence/> Criminal defense <www.rkkattorneys.com/practice-areas/criminal-law/> DUI <www.rkkattorneys.com/practice-areas/how-to-handle-a-dui-charge/> Commercial litigation <www.rkkattorneys.com/practice-areas/commercial-set-up-and-transactions/> Corporate law Civil litigation Real estate litigation Estate planning, probate, wills and trusts, and guardianships <www.rkkattorneys.com/practice-areas/wills-trusts-estates/> Municipal/government law
What we are dealing with is not Federal law but State law when it comes to corporations, covenants, restrictions, and by-laws. (Federal law deals with us when it comes to discrimination.)
If you act on the advice of council, you have drastically reduced your liability and we have someone who can defend us.
Rachel Butler and Tod Kennon discovered……(uproar from the audience and then the Board)……….that we were about to go over our time limit. Restrictions and Protective Covenants have to be filed every 30 years, contrary to what Joan Nano said previously, due to the Marketable Record Title Act. Chapter 712 of the Florida Statutes provides, that reported covenants and restrictions expire after 30 years whether there is a provision for automatic renewal or not. After the 30 year renewal, they can be automatically renewed for another 30 years, if refiled before the expiration date. In TREPO’s case, the Restrictions and Protective Covenants have to be refiled by early October, 2020. Florida law trumps anything in our covenants. If she had not caught this, they would become defunct. It would be over. There would be no TREPO except for the parks.
Someone from the audience said that we are a POA not an HOA. Tom Tramel stated that they are one and the same. HOA was created by Florida Statutes and the POA was not. However, the courts view them as the same thing. Therefore, where TREPO doesn’t have to comply with the Sunshine Laws, it does have to comply with things related to an HOA. It says if there is a meeting of the Board, the membership has a right to be there.
Another question, does the TREPO Board have authority over TREPO property or just the parks in TREPO? According to the 1990 Restrictions and Protective Covenants, TREPO has authority over all parcels encumbered by the 1990 Restrictions and Protective Covenants. Does the TREPO Board have the authority to restrict, suspend, and or revoke park privileges? Florida Statutes 702.305, section 2A states “an association may suspend, for a reasonable period of time, the right of a member, or a member’s tenant or guest, to use common areas or facilities, for the failure of the owner of a parcel to comply with any provision of the declarations.” Therefore, the Florida Statutes allow to restrict park usage for failure to pay membership dues. Further, the By-laws of TREPO, page 7, state that TREPO may restrict the use of the park for violation of the Covenants and Restrictions for a reasonable time until the individual complies with the Covenants and Restrictions that they violated.
Question: If a TREPO property owner fails or refuses to pay dues, can the TREPO Board place a lien on their property? The answer is yes. We haven’t done it, don’t intend to do it and have tried to use the voluntary system to get people on board. But here is the answer, as to placing liens on real property for nonpayment of dues, TREPO has the authority do do so on parcels encumbered by the 1990 Covenants and Restrictions. A notice of intent to report claims of liens can be sent to the property owner if the property owner is more than 30 days past due. 45 days of the date the notice is mailed, TREPO may file a lien if the amount owed is still not paid.
Next question: Can someone purchase 4 lots, and place rental RV’s/campers on each of the lots for the purpose of renting each RV and camper? Pursuant to the terms of the 1990 Covenants and Restrictions, property owners can only have a single family dwelling on a property and may permanently park their rental RV/camper on the lot. However, if there is no single family dwelling on the lot, the RV/camper can not permanently remain on the lot. It can be there temporarily, for no longer than 4 months each per year.

Linda Hizer said, “You say we don’t place liens on property. What do you call it when someone goes to sell their land and they are charged 3 years dues plus late fees ?”
Glenn Hunter, “When does that happen?”
Linda Hizer, “That happens all the time.” Joan Nano, “Estoppel letter.”
Evelyn Johnson, “I don’t know how it came about but that’s what I was told by the membership secretary and maybe that’s something we need to run by later.”
I (Linda Hizer) was asked if I had recorded in the minutes where the Board had voted on the charge in the past year? My answer, “As far as I know, it has never been voted on.”
John Bryant said that he would look into it.
Glenn Hunter stated that the Board has had no knowledge of this type of lien being filed on anyone.
Joan Nano stated she had no knowledge of this type of lien when she was Chair. Recently, a member notified Joan of being charged an estoppel fee on a second Three Rivers property , after paying dues on another Three Rivers property. A refund was given after her complaint. Joan also reminded the Board that lawyers were consulted during her years as Chairman of the Board.
(The meeting was interrupted by disgruntled land owners and Board members.)
Derek Moore stood up to speak. He stated that there was a misconception based on the current Restrictions and Covenants being automatically extended compared to the 2019 Florida Statutes stating the need to refile after 30 years. He stated everybody thinks the Board is trying to make this an HOA and tell people what they can or can’t do on their property. That is what most of these folks are concerned about. Derek said that he was not going to be told what to do on his property. He stated that he felt much better after hearing this was something that had to be done (refiling restrictions and covenants). “We just want things to stay the same.” He also stated that he would hate to see people that had no money, with no other place to go, people living in campers out here in these woods ….. “ I would hate the Board to try and get rid of them. I sure don’t want to have someone telling me I have to paint my house this color or that color…..”
Debbie McClelland stated there were some questions she would like to ask the lawyer. We were promised time to ask questions of our lawyer.
Someone asked if the information from the lawyer could be placed on the website for everyone. John Bryant said that the lawyer committee could summarize it and send it out to the Board.
Linda Hizer stated that the committee who talked to the lawyer had been asked to share information with all Board members and as of this date the committee had neglected to do this. Tramel stated you have all the information.
Linda Hizer stated that it is important for all members to be knowledgable about what is going on with TREPO whether it be this Board, the last Board, or the next Board.
A lawyer in the audience who lives in Three Rivers re-enforced the need to refile the Restrictions and Protective Covenants according to what he researched on the internet. He also stated that if one wanted to amend any of the Restrictions and Protective Covenants, this could be done at Board meetings.
Michael Cartwright asked if by refiling according to the 2019 statutes, which were not in place in 1990, does this convert us from a POA to an HOA?
It is the consensus that a POA and an HOA is recognized as the same.
Mary Pergande asked if there is a problem with violating the Restrictions and Covenants she has been told that the county needs to be called to enforce them. John Bryant and Glenn Hunter stated that “code enforcement” had to be notified. She also asked, “For things that are not handled on a county level, who is responsible for keeping things in line in those areas?” (I was not clear on this answer.) Mary Pergande asked about the vacation rentals and our Restrictions and Covenants, “Who is responsible for enforcing these?” Glenn Hunter stated that this was a county violation and our problem is not solved but the Board is trying to find a solution.
Mary Pergande read from our Restrictions and Covenants: “These Protective Covenants are to run with the land and shall be binding on all parties and all persons claiming by, through or under them until January 1, 2000, at which time said Protective Covenant shall be automatically extended for successive periods of ten (10) years unless, by a vote of the majority of the owners of the lots, it is agreed to change said covenants in whole or in part.” Mary stated that this is our big stumbling block and the reason there is so much distrust because you are not including the owners of lots. Mary commended the Board for preparing to send out something to all lot owners about the renewal. She stated the Board wants all members to follow the rules but are not following the rules themselves by including and informing all lot owners.
Derek Moore asked for reassurance that in the future if there were to be amendments to the Restrictions and Covenants, this would have to be put before “all lot owners”. He also stated that TREPO should start and stop with the parks and that there should be no say if someone wanted to vacation rent their house.
(Disturbance from the audience.)
Derek Moore continued that vacation rental use of parks would be a different matter which could be handled by the Board.
John Bryant brought the focus back to refiling the Restrictions and Covenants by October 2020. The current ones on file with the county will be the ones which will be refiled by October 2020.
Debbie McClelland stated we are now under the 2019 Florida Statutes.

John Bryant adjourned the meeting at approximately 8:25.
Linda Hizer