SPECIAL VOTE FOR DEED CHANGE

[cmgraves]

The Board is going to do a special vote to change the Deed restrictions.

I would be very suspicious and skeptical of it.

They just voted on the deed 3 months ago and lost.

There is no reason to change the Deed until the State shows their interest.

[robin]

Can you validate the State has shown no interest? Just curious...

[whistlingdixie]

I am curious how you know the Board is going to do a special vote to change the Deed restrictions.....just asking.....

[parrothead]

Her husband is on the board!

I agree with Robin....what makes you think the State isn't interested???

[cmgraves]

Robin, The real question is what do you know, that you aren't telling?

The POA newsletter states, "We have been given a contact individual by the Governor and we will pursue talks forthwith. But whether we do this or any similar deal, we need to amend our constitution, deed, and maybe our zoning."

Robin, have you or any other POA Board of Director been in contact with the State?

What is the similar deal? Who wrote the POA newsletter? Did you?

Has the State said that POA Board needs to amend the Constitution and Deed and the Zoning? Why would the Deed or the zoning need to be changed if the State is considering it for a State Park?

The POA newsletter states, "a letter from the POA indicating our interest in discussing the possibility of transforming our golf course –and our other adjacent facilities (not our pocket parks) if need be— into a State Park."

What is the "adjacent facilities"? Isn't that the same wording in the town/developers documents about the AFRC Military Complex to be built on the island? Also, is the AFRC interested in building on POA adjacent facilities and/or the Park and Beach Board property?

In his resent email to an owner, Bill Harper stated, "By the way the ARRC is leaning towards buying the bankrupt Holiday Isle or building nearby." Robin, since your ACP real estate and/or your Husband's ACP real estate company is managing and selling the condo in the Holiday Isle, IS THIS TRUE?

A while back, I wrote in an email to the Owners about the Military Complex, AFRC going on the island, which mentioned the Holiday Isle. Your Husband, Kelby Linn, sent me a copy of a letter that he wrote to Rod Grimm, Mayor Jeff Collier, and Bruce Jones, complaining about the email addresses and stated that I "directly mentions the Holiday Isle Condominiums and apparently is aware of some visit here by Mr. Gorman, etc. While that in itself is not a problem because I believe it did indeed occur,". Why did Mr. Linn send the letter to Rod Grimm? What connection does your husband and ACP Real Estate have with Rod Grimm, the Town Lobbyist that is correlating the Military Complex on the Island with the Navy? Why would your husband send the letter to the Mayor?

Since Charles Gaba and you are on the POA architectural Committee that investigates the covenants and the restrictions of the POA Deed, would you please inform all owners, about the Zoning issue on the island and how all of the properties on the Island will be affected and the POA Deed are connected together?

Robin, please tell us what you know about POA changing the deed and the Town statements in the Strategic Plan about Rezoning the Island.

Please, in your response to me please use the facts that support your statements.

[cmgraves]

Whistlingdixie,

From the statement in the POA newsletter "will likely vote at the September meeting to present it to the membership in the near future." Under the Constitution the Board has to call a special meeting of the members to vote on anything, if it is not at the Annual Meeting. I wonder if the Board will plan to do the special meeting in November or December when they know that the owners are busy and don't read the mail?

Another thing in the newsletter states is "This restriction includes all of the POA property"

This is a very important statement. This would include all of the 10 foot Easements between houses all over the Island and anything else involved.

I personally think that the owners on the Island should hire their own attorney to look over the changes to anything concerning the Deed to make sure that it does not affect their property.

I think if you read your deed to your own property, I think it states something like your property is subject to all of the restrictions and covenants of the POA Deed. Check your deed and see. If it does, I think that if the Board changes POA Deed, what ever changes are made, will affect your deed to your property. Check the quotes in the Strategic Plan in the other thread of this forum.

You need to ask an attorney that is not connected to the Island.

Ask yourself what the rush is? The POA spent app. $12,000 dollars on the last Deed change and lost. Also, be very concerned it the Board want to vote by secret ballot or proxy without a tear off part instead of a one page proxy as it states in the POA Constitution. I think either the Board and/or the Attorney Cliff Brady seal the uncounted ballots and proxies. That won't happen again!

This is not going to happen overnight with the State. It could take many years, and the members have to vote to consider it first.

One of the main things is with the State, the POA could require that the State to have the Corps do sand bypassing on the beaches whenever they dredge out the harbor.

I personally feel, that now the time to really question the ones in authority; there is a lot of money coming from BP, don't let this keep us from seeing what really is happening

[whistlingdixie]

I know her husband is on the board. I would think that sort of imformation would not be "pillow talk"...do you think that she should know stuff we don't know or know it before anyone else, about the board workings, and then post it here? It is just like her posting that the "State isn't interested".....how does she know that.....hmmmmmmmmm.....see what I mean, jelly bean?

Sept 3, 2011 7:57:45 GMT -6 parrothead said:

Her husband is on the board!

I agree with Robin....what makes you think the State isn't interested???

[cmgraves]

Whistlingdixie, I noticed that you are a female. Do you think for yourself or do you think what your husband or men tell you to think? It seems to me from your posts that you are your own person. And I will tell you right now my husband will tell you I am my own person.

By the way I didn't say the State didn't have any interest. I said, "There is no reason to change the Deed until the State SHOWS their interest".

Maybe, you should ask who was the one who came up with talking to the State? Maybe you should ask the Board was there something in exchange for considering the State, like the Island getting sand bypassing in the future and all of the other things like help with FEMA and the State protecting the Island.

All owners have the right to hear the State proposals before voting on the Deed change. Since you live on the Island, I sure would, if I were you, have an independent Attorney (not on the Island or connected with the island) look over all part to the changes to the deed. There is no need to change the Deed until the Board or the POA Attorney discloses to all owners the future consequences to the whole Island from that action.

The State will takes it time.

Don't fight with me, what I have been questioning is the affects on the Island and of the deed change to make sure it will protect all owners on the Island.

[whistlingdixie]

Yes, Caroline, I am female. You and another lady on here keep saying you are your own people, your husbands don't control you, you have your own thoughts, etc. "Methinks the ladies......"

I have a smart husband, so I do listen to him....sometimes I even do what he suggests, if I have asked for advice and have been given it. If I was married to a fool, not only would I not listen to him, I'd divorce him. I don't always do what he says, but I always try to consider his viewpoint.

You will have an opportunity to vote out any members of this board that you deem unfit to serve. You will have a vote if there is, at issue, the leasing, selling, encumbering of the property belonging to the POA.

You corrected me regarding your quote..."until the State shows their interest." That implies that you know the State hasn't shown interest....sorry, sometimes I think beyound the words I read. My bad.

No offense intended here, but you are already laying groundwork for protesting the results of any election during a special meeting.....if it were held in Nov. or Dec. I read my mail in Dec....I am always looking for Christmas cards, and gifts, etc....especially in Dec., I read my mail.

You are telling me to ask this and ask that....you ask the questions you have, and I'll ask the ones I have. I don't think like you. I have faith in the majority of our board and I believe that they are tying to find solutions to the problems we face. I did not run for POA board. They did, and we elected them. If you think they are working for the detriment of the board and the membership, FOR FREE, then that would make them, well......you fill in the blanks...

And I am not fighting with you. Expressing opinions.....and exchanging thoughts.

Sept 4, 2011 19:57:51 GMT -6 cmgraves said:

Whistlingdixie, I noticed that you are a female. Do you think for yourself or do you think what your husband or men tell you to think? It seems to me from your posts that you are your own person. And I will tell you right now my husband will tell you I am my own person.

By the way I didn't say the State didn't have any interest. I said, "There is no reason to change the Deed until the State SHOWS their interest".

Maybe, you should ask who was the one who came up with talking to the State? Maybe you should ask the Board was there something in exchange for considering the State, like the Island getting sand bypassing in the future and all of the other things like help with FEMA and the State protecting the Island.

All owners have the right to hear the State proposals before voting on the Deed change. Since you live on the Island, I sure would, if I were you, have an independent Attorney (not on the Island or connected with the island) look over all part to the changes to the deed. There is no need to change the Deed until the Board or the POA Attorney discloses to all owners the future consequences to the whole Island from that action.

The State will takes it time.

Don't fight with me, what I have been questioning is the affects on the Island and of the deed change to make sure it will protect all owners on the Island.

[cmgraves]

I alway question elected authority (paid or unpaid) when they do what I feel will be contrary to the benefits of the whole Island.

By the way, I know your husband is brilliant. I wasn't questioning him.

[cmgraves]

Bruce,

As a Board of Directors of the Dauphin Island Property Owners Association, please disclose to all of the owners, who you met with and what was discussed when you were president of the POA in connection to the AFRC and any other development on the Island and the use of the POA Property.

WHAT IS THE RUSH TO CHANGE THE DEED, BRUCE?

As a Board of Directors of the Dauphin Island Property Owners Association, please disclose to all of the owners, exactly what the following statement means and what the Board and the Town will use it for in the future.

"Need for a Constitutional Amendment and Deed Revision."
"POA Constitution Article II, Section 2.2(d) sets forth conditions for encumbering property (super majority of board and membership, etc) but then goes on to read that the property owner’s beach, subdivision lots, and parks, cannot be encumbered—this includes the most desirable arrangement of a long term lease. This restriction includes all of the POA property,"

And "At the same time we will prepare to modify the deed language if the amendment passes."

Please fully disclose to the property owners how the changes to the deed and its restrictions and covenants, will affect the Properties owner on the Island, now and in the future.

I am presuming that the board would not be doing this without advice of the POA Attorney. If you cannot explain, please have the POA Attorney disclose the affects of the Deed change on the whole island, the full consequences of this action that the Board is taking and how it will affect the property owner's own property in the FUTURE.

By the way, please state for the owners what statements of Ms. Shanahan or Island Watch is untrue.

As you know, since I am not a part of the groups on the Island, and I, personally had to bring up to the board what I think are questionable, if not, against the Constitution practices of the Board of Directors, don't you think you should be fully disclosing to the owners what the Board is doing concerning the POA Property and how it will affect their own property in the future.

[cmgraves]

Questions for the Board of Directors,

Does the Board of Directors want the owner to think by not answering the questions below, they are being ambiguous or attempting to conceal things from them? Don't they want to answer the questions so that all property owners will know that you are being transparent, completely open and frank with them?

Doesn't the Board think the board should tell the OWNERS ALL OF THE CONSEQUENCES TO THE BOARDS CHANGING OF THE DEED

1. Board of Directors of the Dauphin Island Property Owners Association needs disclose to all of the owners, who you met with and what was discussed when you were president of the POA and after in connection to the AFRC and any other development on the Island and the use of the POA Property, since its conception.

2. The Board of Directors of the Dauphin Island Property Owners Association, needs to disclose any other entities that you have communicated with about the development or the Isle Dauphine property or any other POA property.

3 The Board of Directors of the Dauphin Island Property Owners Association, needs to fully disclose to the property owners how the changes to the deed and its restrictions and covenants, will affect the Properties owner on the Island, now and in the future.

4. Is the board making the changes to the deed with advice of the POA Attorney. If the board cannot explain the changes to the deed, please have the POA Attorney disclose the effects of the Deed change on the whole island, the full consequences of this action that the Board is taking and how it will affect the property owner's own property in the FUTURE?

5. By the way, please state for the owners what statements of Ms. Shanahan or Island Watch is untrue.

Does the Board have a fiduciary duty to the owners to be open and honest with them?

[whistlingdixie]

Now, wait just a minute! I never said he was "brilliant". LOL!

I never thought for a minute you were questioning his intelligence. You asked me a question. I answered it.

And, please, for God's sake, do not tell Jack you think he is brilliant....

Sept 5, 2011 12:44:12 GMT -6 cmgraves said:

I alway question elected authority (paid or unpaid) when they do what I feel will be contrary to the benefits of the whole Island.

By the way, I know your husband is brilliant. I wasn't questioning him.

[cmgraves]

The few times I have been around him, he has impressed me greatly. Especially, his presentation before the judge in the Corps Case.

[whistlingdixie]

I am sorry, but you must have confused me with someone I know. LOL! Bye!

[logicfan]

Thank you so much for adding some levity to this thread. I literally threw my head back and laughed out loud when I read this. Scared the dog.

Sept 5, 2011 13:41:39 GMT -6 whistlingdixie said:

And, please, for God's sake, do not tell Jack you think he is brilliant....

Sept 5, 2011 12:44:12 GMT -6 cmgraves said:

I alway question elected authority (paid or unpaid) when they do what I feel will be contrary to the benefits of the whole Island.

By the way, I know your husband is brilliant. I wasn't questioning him.