Fourth attempt at annual meeting and election results in one new board member.


Under the direction of the new legal counsel, Bush-Ross, the annual meeting and election was finally held on Monday, November 3, 2014.  The members were given the minimum amount of notice required and homeowners who did not attend the meeting were not permitted to vote a secret ballot.


Kelly Coglianese, a non-owner (and therefore non-member) attended the meeting by telephone. Other homeowners or proxy holders were not extended the opportunity to also attend by telephone.


The elected officers are: Charlotte Bright (secretary), Angelo Cappucci (director), Kelly Coglianese (treasurer), Lana Goldfarb (president), and Brian O'Conner (vice-president).  Information on directors and officers received from 2014 amended annual report as filed with the State of Florida.


Secret ballots aren't secret if you have to sign them!

  • Do not send in the proxies that were mailed to you by Meritus Associations.  They have a limited proxy and a ballot on the same page!!!   A secret ballot is only secret if no one knows who cast the ballot. Call Meritus Associations and ask for your secret ballot.  Send it in an inner sealed envelope.  View instructions for secret ballots here.

  • Again, the board and the management association are not following the Florida statutes.

Sanctuary at Oak Creek

9070 demands secret ballots for election.

  1. The attorney for 9070 sent a letter to Clinton Paris, HOA attorney, to demand written secret ballots for the upcoming election. 9070 believes this will insure a fair election.

  2. The association documents bylaws, Section 3.7, provide for secret ballots.

  3. The requirements for secret ballots are found in Florida statute 720.306(8)b   and should be followed for the upcoming election.

Note: On April 7, 2009, at a board meeting, Kelly Coglianese motioned, and Joann Ward seconded to have an amendment to the Bylaws that "an officer of board must be a homeowner".  There were several issues with this motion: homeowners were not given proper notification of the meeting, the homeowners weren't told amendments were being considered, and finally, any amendment to the Bylaws without the corresponding amendment to the Articles of Incorporation would have made the amendment useless.  Subsequently, Kelly Coglianese moved out the neighborhood to South Florida.  It the amendment had passed, Coglianese would not have been qualified to be a board director/member.

Who can be nominated or volunteer to be a Sanctuary at Oak Creek Homeowners Association director/officer?

  1. The Sanctuary CC&R's,  specifically the Articles of Incorporation, Article 6.1 says "Directors need not be Members of the Association nor residents of the Lots.".  This means that anyone and everyone can nominate themselves for a director position.  It could be the landscaper who mows your lawn, one of your co-workers, a relative that lives in Europe, or your 8 year old daughter.
  2. If the director is not a member, he or she cannot vote at annual member meetings or at any meeting requiring a member vote.

Who is an "owner" of the Sanctuary at Oak Creek Homeowners Association for membership and voting purposes?

  1. The Sanctuary CC&R's define members as lot owners.  A lot owner is a person, persons, trust, or corporation that is named on the deed. Article I, Sections 12 and 17 provide the legal definitions for "owner" and "lot".
  2. Voting requirements of members are detailed in Article IV, Membership and Voting Rights, Section 1, Membership.  "Ownership of a Lot shall be the sole qualification for membership." Only members can vote at member meetings and for amendments requiring member votes.

Why was an election/nominating committee appointed at the last board meeting?

  1. The Sanctuary CC&R's do allow for a nominating committee to be appointed. We believe the board decided to appoint members to a nominating committee to try and control what information was included in the annual meeting packet.  Also to bestow only the nominating committee with permission to collect proxies for the election.  However, no one was told who was on the nominating committee. It's shameful how the board picks and chooses sections of the CC&R's to follow.
  2. Several homeowners, who have not been to a meeting in years, show up and volunteer to be appointed to the committee. Apparently, they had prior knowledge of the meeting agenda. How many other homeowners in the neighborhood knew what was on the agenda for the board meeting?  A board meeting, by the way, which was held without lawful notice.

Why are there now 5 board positions available?

  1. Our first notice for the annual election had only 3 board positions available.  The second and third notices increased the available positions to 5.  We have asked the question to Meritus Associations and our board members and no one has replied.  Why is there so much secrecy?

Sanctuary Election News

"You are entitled to your informed opinion. No one is entitled to be ignorant."  Harlan Ellison

Why was the annual election canceled for the third time?

  1. The homeowners were not given the timely notices as required by law. The board, the board attorney (Clinton Paris), and the management companies (Melrose Management and Meritus Associations) had all been previously notified of the proper procedures after the mailing of the scheduled February 2014 election.  They couldn't even get it correct the third time.
  2. Mr. DeFord's notification of board candidacy was altered in the mailing to the owners and Mr. DeFord was required by the management company to submit a resume. Yet none of the other candidates submitted a resume that was including in the mailing.


Click here  to view emails and letters sent to the HOA attorney, Meritus Associations, and board members concerning the annual meeting and election.

Three elections were scheduled and cancelled.  The homeowners were not given any explanations.  The annual meeting letters go out and the teeny tiny signs go up at the gates to cancel the meetings.  None of the meetings were scheduled according to Florida state law, but the board didn't want you to know that. 


How much money would it cost to actually communicate with the homeowners?  How difficult would it be to post actual minutes, agendas, notifications in a waterproof sign case? How much would it cost to send an extra page in the annual meeting packet?  


We all need to continue to share information and expose the lies and deceptions.