Covenants Advisory Committee Meeting
January 24, 2018
The Covenants Advisory Committee held its’ 2nd open meeting on Wednesday, January 24, 2018 at 6:30 PM in the Atrium Building’s Armstrong room. Committee members in attendance were: Rick Chilson, Dave Gilberg, Gloria Smith, Laurie Stevenson, Ken Thoman, and Bob Vellante. Absent was Bob Bauer, who was not feeling well. No other community members were in attendance.
The meeting consisted of the following:
- The minutes of our 12/13/17 Kick-off meeting were accepted as submitted
- The minutes of our initial 01/10/18 Advisory Committee meeting were accepted as submitted
- The Action Item to get 2 additional copies of the Red Book for committee members was completed
- A number of Questions that were asked during our 01/10/18 meeting were Answered, as follows:
- (Q) What are the logistic ramifications of correcting the spelling of “Wedgewood” to “Wedgwood”? (A) “Wedgewood” is spelled as intended, and is used throughout the USA. Changing the spelling would require legal research to ensure “Wedgwood” is legally useable. If it is, it would require changing all our governing documents, refilling of same, changing our bank accounts, IRS filings, etc. This would be a very costly endeavor. (thanks to Gerri Garretson for her inputs)
- (Q) What are the legal ramifications of changing Wedgewood from “Inc.” to a “LLC”? (This question was raised by resident Arne Goldklang) (A) It is a legal opinion from a friend of a committee member that HOA’s need to be a Florida Corporation and no other legal entity. Section 720.301 (9) provides that a “Homeowners’ association” or “association” means a Florida corporation responsible for the operation…. The statute specifically says “corporation” and doesn’t mention other kinds of legal entities. Section 720.302 (1) provides that “The purposes of this chapter are to give statutory recognition to corporations not for profit (which we are) that operate residential communities in this state, to provide procedures for operating homeowner’ associations, and to protect the rights of association members without unduly impairing the ability of such associations to perform their functions. Finally, Section 720.303 (1) provides that “An association which operates a community as defined in s,720.301 must be operated by an association that is a Florida corporation.” Nothing in the statutes provides any wiggle room on the type of entity appropriate for an HOA; it must be a Florida corporation.
- (Q) Is the Statute relative to Article I, Section 2 Statute 3.01? (A) This question is still being researched.
- (Q) Is common property taxed by Hillsborough County? (A) It is, but since the appraised value of our common property is zero, there are no taxes assessed.
- (Q) Is the property behind Berry Roberts lake common property? (A) It is. Unsaleable areas of Wedgewood were deeded to the association as taxable common property. This property is designated as “Tract A”, which includes the dry lake (has never held water, is overgrown with natural brush, is part of the county storm drainage system, and must remain in its’ natural state), the Berry Roberts Lake and the Wetland Conservation Area extending back to the creek, plus the area around the pumping station and the Wedgewood sign.
- (Q) Does the CA have limits relative to the number of people residing in a home (ref. Article I, Section 12)? (A) This is yet to be determined and remains unanswered.
- (Q) Can Wedgewood legally limit the number of permanent occupants within a home? (A) Article I, Section 12 defines “Family” as “one or more persons each related to the other by blood, marriage, or legal adoption, or a group of not more than three (3) persons not all so related, together with domestic servants if any, maintaining a common household in a Unit.” There currently does not appear to be a limit. A recommendation to limit permanent occupants to two (2) per bedroom is being considered by this committee.
- (Q) What does “artificial entity” mean as contained in the definition of “Person” (ref. Article I, Section 17)? (A) According to Quinbee’s legal definition, an “artificial entity” is “An organization, such as a corporation or limited liability company, that is created by statute, in contrast to a natural person.”
- (Q) What is an appropriate grace period for delinquent payments? LEW had recommended 60-90 days. What would our lawyer recommend (ref. Article III, Section 3 (a) (ii))? (A) Rather than consult our lawyer, the Advisory Committee will recommend a 60 day grace period at which time a reminder notice will be sent. Following a 90 day period, the Board may take legal action as deemed necessary.
- Due to questions raised by Sharon Buckels via email, the committee revisited its’ recommendation to change “homeowner” to “resident” in Article III, Sections 3, 3(a), 3(a)(i), and 3(a)(ii). The original intent was to include renters as well as homeowners, but it was agreed (6-0) the change is not necessary since Article III, Section 3(b) provides for the homeowner to extend the benefit to tenants, members of his family, and guests. Accordingly, changing “homeowner” to “resident” is no longer necessary and the committee agreed to revert back to the original language in the covenants.
- At the recommendation of Sharon Buckels via email, the Committee agreed (6-0) to add a definition for “Tenants”.
- During the review of Q&A’s documented above, the Committee revisited Article III, Section 3(a)(ii) and agreed (6-0) to request legal language that essentially states “a 60 day grace period at which time a reminder notice will be sent. Following a 90 day period, the Board may take legal action as deemed necessary.”
- During the review of Q&A’s documented above, the Committee revisited Article I, Section 12 and agreed (6-0) to request legal language that would limit occupancy to two (2) adults per household bedroom.
- The Committee revisited Article I, Section 17 and agreed (6-0) to change “artificial entity” to “legal entity”, believing “legal entity” has a broader meaning and is more inclusive.
- The Committee revisited Article III, Section 4(a)(ii) and agreed
(6-0) that language should be added that exempts “Medically Dependent Children of the Homeowner” under age 18 from the 30 day visitation limit.
- The Committee continued its’ review of the Covenants starting with Article III, Section 4(a)(iii), and continued through Article III, Section 4 (a) (x). During the review, the committee members determined if an Article/Section fell into one of the following categories, either: a) OK, as is, or b) Delete Entirely, or c) Delete Portion, or d) Modify. As each Article/Section was reviewed, Committee members offered their recommendations which have been incorporated into the Covenant Status Sheets. All recommended changes to the original Covenants are marked in red, and can be viewed at
Since it was 8:30 PM, the committee adjourned and agreed to meet on Wednesday, January 31st beginning at 6:30 PM in the Armstrong Room.