During 2006 and 2007, the Sanctuary board spent at least $20,000 from reserves on fencing to the community. This fencing addition and the use of the reserves should have been a homeowner (member) vote.
The Sanctuary CC&R's state that homeowners are limited to four (4) common household pets. The owners of 9038 (Goldfarb and Oertel), have been allowed to have more than four pets and have not been sued. There probably aren't any violation letters or fines against them either. This isn't a gray area. There is no approval to be had, and no exceptions. This may not even be a good rule, but why does following rules result in a lawsuit, but breaking rules does not? Goldfarb is a current board member, Oertel is a past board member. Are board and committee members given preferential treatment?
Kelly Ann Coglianese, was reimbursed to fly down to Tampa from Virginia to attend mediation for the lawsuit. Coglianese had been attending board meetings by telephone years before and years after. Why did the board feel she should have been at mediation in person?
Yearly financial statements were not provided to the homeowners as required by the Florida laws. Sanctuary budgets were also not prepared according to Florida laws. Ask long time treasurer, Joann Ward, why the reserve accounts were not included on the budgets and financial statements. Why haven't the 2013 year end financials been uploaded to the Meritus Association website? If the treasurer and the board are being fiscally responsible, they should have no reason to keep financial statements from homeowners.
No board meeting minutes exist for the entire 2010 year. This is the year that 9070 was first sued for their landscaping. How could the board vote to sue the homeowners when there is no proof of the vote? Melrose Management also stated they had no copies of the minutes.
A special assessment (although the board called it an "optional" assessment) was voted upon by board members without giving the proper notice to the homeowners. The board held a board meeting without telling owners they were going to vote on a "optional" assessment. A property manager from Melrose Management was also at this meeting. Check out the board members who voted for the "optional" assessment. At the time of this meeting, the 2006 Florida statute detailed the procedure necessary for special assessments (720.303 (2).c.2.). It's a bit too long to include here, but here is a link to the Chapter: 720.
Long time board member Kelly Ann Coglianese is not on the deed to 9047 Pinebreeze Drive. She has not lived in the Sanctuary for at least 5 years. In fact, she has been living full time in Virginia and out of the country in Germany, since 2011. Recently, Kelly Ann's husband Chris, sold their home in the Sanctuary. Why would a person who is not even an owner or no longer in the commmunity want to be a board member?
The easement area (the area between the sidewalk and the street) in Pinebreeze Drive is HOA common property. The HOA should have been maintaining, watering, mowing, and fertilizing that area when the HOA became owner-controlled. Board members have had access to this information and did nothing about it until the HOA attorney was notified in July 2012. Pinebreeze Drive owners have been maintaining HOA property for over 10 years.
The Sanctuary board members are required, by our CC&R's, to schedule board meetings at the yearly organizational meeting. This has rarely, if ever, occurred. Because they did not schedule regular meetings, all board meetings would be considered special meetings. According to Sanctuary CC&R's and Florida laws, homeowners have to be notified in a specific way. Also, for special meetings, a notice must be posted in the neighborhood at least 15 days in advance.
The Sanctuary board would like you to believe that the owners of 9070 are terrible monsters because they have repeatedly broken HOA rules, especially rules concerning landscaping. Rules that may or may not be legal. We believe the real reason is that a few long time board members are upset because the owners of 9070 have an understanding of Sanctuary CC&R's and Florida laws pertaining to HOA's. The 9070 owners know that the board members are not following the CC&R's and Florida laws; the board doesn't like to be told when they aren't following rules.
The Sanctuary board, in our opinion, controls the HOA similar to an evil Queen and her court. The Queen may not even be the president of the board. The Queen is so incensed when her opinions and personal wishes aren't followed, that she is compelled to punish homeowners and teach them a lesson. The best part for the Queen? She's using the HOA money. The worst part for the Sanctuary owners? Your HOA money, to the tune of $60,000, is being used for a lawsuit against one of your neighbors instead of benefiting the entire neighborhood.
One specific board member, Kelly Ann Coglianese, usually approved AC approvals before they were sent to the AC committee. According to Sanctuary CC&R's, the AC committee members are solely responsible for approvals. There is proof that several homeowners were approved by K Coglianese before the AC committee received the applications. This is only one example of the board approving architectural requests and then sending on the application to the AC committee. The AC committee rarely reversed a board decision, even though the board is not entitled to make AC decisions.
This page under construction - check back soon for more emails and documents!
Did You Know?
"There are two ways to be fooled. One is to believe what isn't true; the other is to refuse to believe what is true." Soren Kierkegaard
Copyright @ Sanctuary at Oak Creek. All rights reserved.