HOA Revised

Bringing Units 6 and 11 into the Amended, Restated, and Combined Deeds of Restriction (ARCDOR) covering Units 3, 4, 5, 7, 8, 9, 12, & 13

The front-page article in the May 2021 issue of this newsletter (available here) was titled “Bringing Town & River into One Community”.  An excerpt from the article reads:

In the month of May 2021, your Board will offer an opportunity for the 64 owners in Unit 6 and 47 owners in Unit 11 to join most of the community and adopt ARCDOR. Certain provisions in their respective deeds of restrictions would be grandfathered, e.g., setbacks. For either Unit 6 or Unit 11 to adopt ARCDOR, a majority vote of owners is required. Each unit votes separately.

Although well intended (particularly since it was on the “to do” list for 2020 but Covid-19 got in the way), the timeframe was too ambitious. The “opportunity” will not occur in May.  The amendments need to be drafted. The board needs to set a time, date, and address for separate meetings of Unit 6 and 11 owners (but likely will occur on the same day/place but different times). Fourteen days’ notice is required.  Notice will include the proxy and the proposed amendments (both to be drafted by the association’s legal counsel).  The board does not have regularly scheduled meetings in the summer.  Given vacations, seasonal residents, and Covid-19 the meetings of Unit 6 and Unit 11 owners will not occur until fall.

When meetings are scheduled, a quorum will be established for each Unit.  The votes will be counted (owners voting in person and by proxy). If there are not sufficient votes, the voting will be continued for up to 90 days following the first voting.  This is exactly how it was done for the Amended, Restated, and Combined Deeds of Restriction (ARCDOR) in 2004 and for the rental amendments in 2018.

Page 4 June 2020 newsletter has an abbreviated comparison of the three active DORs.  Go to www.townandriverfl.com.

Below is a summary of the deeds of restriction situation in Town & River.