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… helping to keep a watchful eye over those in chargeRecent By-Laws Violations
Not very long ago, if you’re a property owner in this community, you most likely received two separate letters, each one mailed about a month apart, explaining the details behind new expenses that were about to be added to residency obligations here in Mainlands Section 6.
The first of those letters explained how the Mainlands Section 6 Board of Directors agreed at the monthly Board/Membership meeting of November 4, 2025 to introduce a one-time Special Assessment of $202 per property to address “maintenance issues” with an estimated total cost of $252,000. The $202 assessment would generate approximately $108,000 once paid by all 538 property owners. The letter stipulates the special assessment was “adopted by the Board of Directors “with the authority granted under the Association’s governing documents and Florida Statute Chapter 720.”
(Do I agree the funds are needed, yes. Do I agree with the manner in which the Board choose to institute this finding, no!)
The second letter explained how the Mainlands Section 6 Board of Directors agreed at the monthly Board/Membership meeting of December 2, 2025 to introduce a a monthly maintenance fee increase of $15.00 (a 50% increase) per property to address “the rising cost of insurance, utilities and required reserve contributions”. This 50% maintenance fee increase will generate an additional $96,000+ each and every year from the community’s 538 property owners. The letter stipulates the maintenance fee increase was adopted by the Board of Directors “with the authority granted under the Association’s governing documents and Florida Statute Chapter 720.”
(Do I agree the funds are needed, yes. Do I agree with the manner in which the Board choose to institute this finding, no!)
After a through examination of both our Declaration of Restrictions, and Florida law (State Statute 720), I can unequivocally state that nothing in my research indicates the Board has ever been granted such independent authority for either of these actions.
However, what I can state with absolute certainty is what can be found stated within our current Association By-Laws, a legal document voted on and approved by 2/3 of the voting Members at a meeting held on December 22, 2020. The applicable By-Laws entry reads as follows:
“Any change in the maintenance fee and/or the imposition of a special assessment may be affected only if approved by a 2/3 affirmative vote of the votes cast by Members voting via a Full Secret Ballot.” (Emphasis added.)
To me that seems rather cut and dried, but apparently the 2025 Board of Directors felt they had the right to violate our By-Laws and simply do as they pleased, and then, to seemingly lie about the authority granted them (in writing) to each and every Association homeowners! It’s hard to imagine any Broward County Court Judge worth their salt would disagree.
Now, don’t get me wrong, … I fully understand the need to beef up the funds for the Association, but that’s not the point here, in fact, I would have voted in favor of a Maintenance Fee increase (though I already had recommended it be bumped to $50.00 per month instead of the $45.00 and avoided the Special Assessment (especially considering we’ve never had an assessment before, not in nearly 58 years, which means it’s no longer a proud achievement for our community!), … the point is the Board violated our By-Laws, … which is why, when I was at the Board/Membership meeting of November 4, 2025 (as this all began), I asked the question of Mr. Morgan, our Board President, “What gives you the right to ignore our Association’s By-Laws and impose such an assessment without a vote of the Membership?”
President Morgan stated that the Board of Directors was told by our Association’s lawyers that it would be perfectly alright. No other explanatory comment was offered.
My dearly departed Irish grandmother would have looked Mr. Morgan straight in the eye and said, “That’s cockamamie!”
I pretty much did the same, but to no avail. I even asked every member of the Board if they had any problem with violating the By-Laws. Not one of them said a word.
Now, what makes this action even more baffling, since it seems they impetus for the Special Assessment was to take care of “overdue maintenance” and “major breakdowns”, … now, what makes that even more baffling is that the Board also decided that homeowners could submit this assessment payment as far out as December 31 of 2026 without it being considered late!
So, the imposition of the assessment was critical enough to be acted upon just recently, it had to be done right then and there this past November, but the actual payment deadline was established by the Board as being well more than a year out into the future?
Something doesn’t smell right, does it?
No, and it didn’t smell right to me either, so a week or so before this past Christmas, I sent a letter to President Morgan requesting (as is the right of all Association Members) to review the Association’s official records. in this case, all written communications (both to and from) between the Association and the Association legal representatives, Kaye Bender Rembaum (KBR).
If you really want to know what I learned, I suggest you re-visit the very funny Dolly Parton & Burt Reynolds movie, “The Best Little whorehouse In Texas” and find the Charles Durning song, “The Sidestep”. That will explain everything!
RFH
opinion(s) of this writer and does not necessarily represent the thoughts,
feelings or opinions of the Mainlands Section 6 Civic Association’s
current Board of Directors, either individually, or as a whole.
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