POSTED 7/21/07
Last year I looked up our revised Declaration of Covenants and Bylaws. I was surprised to read that owners are given an opportunity to ratify every material alteration and substantial addition done to our common elements. There’s been a lot of alterations and additions done since I’ve moved here. I’ve never been asked to ratify a thing. I then brought this up to the board at a Coffee with the Directors and was ignored. I brought it up again this year on 6/20/07 and Pat Burke said that our attorney told her they alone only need to approve these things. She gave me her walking dictionary version on word meanings of our Declaration and By-laws. Our Board President said,” If we did this, you wouldn’t need us as a board.”
Could someone patiently explain to her that she was not elected to remodel our park and our By-laws do specify twelve other written board duties, to which none mention the altering or substantially adding anything to our village.

These are some recent comments from our directors after I brought this subject up.
“We weren’t elected to micro-manage“. From what I read they are, unless they wish to empower hired management and be responsible to oversee their operation of our park.
“ The people in this park can‘t agree on anything, much less 75% of any group. Nothing would get done.” I think that’s a real possibility, but what’s really being said here is this. It’s way too difficult to do things the right way, the way our declaration and bylaws clearly dictate, when it’s so easy to continue doing the things the way we‘re doing them now.
“ We board members were elected by the owners to be their voting voice.” I laughed and thought he was joking, but he was very serious.
“Our Declaration of Covenants is antiquated. It was formed years ago when this place was Outdoor Resorts and a trailer park. This place has since evolved into a village of homes.” He’s right. The Declaration and By-laws are getting old and maybe outdated, but so is our Constitution and the Declaration of Independence. Old fashion doesn’t mean dysfunctional.

I see only one reason why the originally desired for ratifying all alterations and big additions. They wanted the park to stay beautiful by putting any future appearance changes in the numerous hands of highly concerned owners instead of to a minimal few that’s temporarily on a board.
Please read Article X of our Declaration, plus Articles IV and VII of our By-laws. These are readily available at our Long Island Village.com website.

Please don’t mistake this as an attack on the board. It’s not. I’m just trying to show mistakes occurring towards our right to vote on the many changes being done. If someone can prove me wrong, I’d immediately apologize in the next board meeting. If not, I would hope the board will start obeying and implement what has been clearly stated in our Declaration and By-laws.

From the Declaration of Covenants ( from Article X- A ), the Directors are empowered to do:
1. Maintenance
2. Repair

From the By-Laws ( from Article IV section 10 sub-section h and i ), the Directors are empowered to do:
1. Maintenance
2. Repair
3. Replacement
4. Operation of condominium property
5. Reconstruction of improvements after casualty and the further
improvement of the property.
Note: None above are defined as alteration or addition except improvement.

Written phrases requiring board approval and a 75% owner ratification

From the Declaration of Covenants ( from Article X-B )
“There shall be no material alterations and substantial additions to the
common elements or limited common elements except.”
* Nowhere did it ever indicate cost. Meant as considerable importance, size, or worth.

From the By-Laws ( from Article VII )
“There shall be no substantial additions or alterations to the common
elements or limited common elements by the association unless.”

Material alterations and substantial additions that were not ratified by owners.
1. Activity Center
New office and mailboxes being constructed that were redesigned and relocated; drop ceilings; 6 rest-rooms remodeled adding new tile walls and showers being removed; windows and doors replacing sliding doors; wood paneling added.
2. Pool Area
Concrete was poured between our pools; a Gazebo and its concrete foundation installed; a
fountain and its concrete foundation; cool deck was applied over all the new concrete
All between the pools, Indoor pool two restrooms ( tile walls.)
3. Recreation Hall
Large concrete patio installed with large awning to match an existing patio/awning,
4. Other
A large parking lot was made by the tennis ct; a new concrete sidewalk installed near laundry; greenhouse constructed and its foundation in maintenance dump area.

There are numerous changes and additions not listed above that may qualify.

It should be noted that all of the above probably would have been ratified, but the point is that owners weren’t given their rightly due chance to vote..
One concerned citizen of L.I.V.