Shores Homeowner vs. Saint Augustine Shores Service Corp Board

SHORES' HOMEOWNER HAS HIS DAY IN COURT

June 19, 2009

ST. AUGUSTINE, FL - After legal wrangling by the defendant and motions made to either transfer due to subject matter or dismiss in its entirety, a court case was heard earlier today in St. John's County Circuit Court, before the Honorable Patti Christensen, in which Mr. Kevin Dunne (the plaintiff), a homeowner residing in St. Augustine Shores Unit 2, alleges that since the purchase of his home on June 1, 2004, he has been overcharged association fees by the St. Augustine Shores Service Corporation (the defendant).

In the suit (Case# SP09-0423) filed on February 23, 2009 against Joseph H Smith III, Registered Agent, St. Augustine Shores Service Corporation, Mr. Dunne alleges that upon the purchase of his home in 2004, he was presented with a copy of the deed restrictions related to the lot and unit in which he resides, stating that his association fees are not to exceed the doubling of $10.00. (see related deed restrictions, section 11.03) Dunne's argument centers around the fact that he is currently being assessed association fees of $27.50 per month, contradicting the language contained within his deed restrictions and the governing documents received by him at closing and as currently listed on the St. Augustine Shores' Website, under Governing Documents.

In written and verbal arguments presented by the Shores' attorney, Tod B Eikner, the St. Augustine Shores Service Corporation contends that a proper vote was held in 1999 to raise the fee cap to $30.00. At question is whether the 1999 cap vote constitutes an amendment to the deed restrictions regarding an increase in fees or if additional action beyond the 1999 vote would have been required to actually collect that amount. Dunne contends that a vote to amend the deed restrictions is required in order to enforce the $30.00 cap.

Mr. Dunne further claims that language within the Bylaws of the corporation (Article II, Section 2, Paragraph A) is specific with regards to fees being collected pursuant to section 11.03 of his Unit 2 Deed Restrictions and that Shores association fee caps were raised twice prior to the 1999 vote. On both occasions Dunne claims that fee caps were raised as a result of amendments to the deed restrictions.

Judge Patti Christensen has advised both the plaintiff and defendant that she would be rendering a written decision with regards to this case within the next 2 weeks. We will post the decision once it is reached.

WRITTEN BY: KEITH GOLDSTEIN
Contributing Writer

Let's See...let's make ANOTHER committee so as not to infringe on the Recreation Association

After another 'amusing' albeit long Service Corp. meeting last week, I had time to review my videotape of the meeting and really think about just how unclean the majority of the Board Members are and how self-serving and ignorant to the community they continue to be. 

Case in point: So as not to 'infringe' on the current membership of the Shores Recreation Association with the inclusion of young people and families, a committee was appointed to spearhead a "Recreation Committee" charged with handling events and activities for the younger homeowners and families, as admitted by the Rec Assn.'s President Nancy Willis, her association was not structured to handle events for younger persons and she herself doesn't have the opportunity to interact with younger families. Oh yeah, I did forget something...Nancy Willis is the CHAIRPERSON for this new committee. What is wrong with this picture????

I do have to say that after the meeting, Ms. Willis did approach me and asked if I would be on the committee and if I knew of anyone else around 'my age' who would be interested in helping out or serving on the new committee. Now, knowing FULL WELL exactly how Ms. Willis feels about children, I hesitated in my response for a moment. I then cautiously agreed with one thing on my mind...if I don't step up for people and families 'my age' then we will be saddled with a committee of persons from the Rec Assn., led by Ms. Willis, who knows not of whom she will plan activities for. In case you didn't know or forgot, in a past meeting prior to elections, Ms. Willis spoke her disdain  for children aloud. Yes, this is really someone I want planning activities for me and families in our community! I think not.

In case all of you miss it, don't hear, or are not told our ENTIRE COMMUNITY in the Shores will have FREE USE OF THE POOL on July 18th AND a family fun day in August...although I don't know just how 'fun' it will be given the short amount of time there is to raise sponsorship monies or plan...it will be held. AND, so as not to keep you all in the dark YOUR Service Corp. President, Jerry Zinn, has graciously given seed money of $2,000 for the Family Fun Day. Wow. In this economy, coupled with the Shores 'budget shortfalls' (I use the word 'budget' loosely) I for one would have rather had more time to plan the Family Fun Day and get sponsorships...not using a single DIME of YOUR MONEY from the 'budget'.

Well, it is what it is. It is my intention to hit up a few of our Shores' vendors for sponsorship in order to give back to the community...our attorney's, our lawn service company, pest control service...and let's not forget The Current Recreation Association itself and SASCA. I will be sure to hit up everyone I can for sponsorship donations so they all can have the opportunity to "give back to the community they serve."

CALLING ALL PERSONS 'MY AGE' (let's use the demographics of 25-62):

If you would like to be a volunteer, committee member, or anyone with a business of entertainment or planning, please contact me at: theshoreswatchdog@yahoo.com or call 377-6755. 

My thanks in advance for your help.

Regards,

Kristin Thomas

Shores Resident