Irwin Seitelman's Viewpoint On Baywinds' Rules

December 16, 2006

 

 

On December 15, 2006, an article was published on BaywindsLife that claimed that the elections for the 2007 Master Board were invalid. Click here to view this article. In response to this article a Baywinds resident sent me the following e-mail:


I disagree. Crossing too many "Ts", dotting too many "Is". What's the difference where the coves hold their elections so long as they do it properly.......as we did in Harbour Cove and from what I saw and heard in other coves. The results would be the same and there would be less chaos at the annual meeting. I'm sure there are many items here that could be improved upon and done better and are a lot more important than this.

You're looking to complicate this procedure rather than do it in the old adage format:

K.I.S.S.

The following was Irwin Seitelman's response to the above e-mail:

The error in your reasoning is simply that if Lennar had originally written & set up things as you would like (K.I.S.S.), there would be no issue to debate or litigate regarding the vote. Lennar had set things up in the way that was set down & agreed to by all of us when we bought into Baywinds. It was Lennar & the Master Board along with lawyer Krivok who decided to change the rules by which we are governed & some of their changes were made AFTER they no longer had a legal right to make such changes & other changes were made which the Florida legislature says cannot be made. Those changes could still be made to KISS, but ONLY after all of Baywinds vote on such rule changes.

Did you vote to change those rules? I didn't!.....Why,......because no vote on rule changes was ever held. Sure rules & procedures can be changed, but NOT unilaterally by a Master Board at their whim & will. This is a nation, state, county, city & community of laws. You apparently would like to change that to rule by convenience, or perhaps even vigilante justice.


This entire situation, created by Lennar & our Master Board with the advice of lawyer Krivok, has gotten us into this mess. Don't blame the residents who bravely stepped forward into the limelight to challenge these errors. This community has pointed fingers at these individuals, calling them horrible names & the Master Board has done worse to try & intimidate them back into silence like the many sheep living here who can only say, I don't want to get involved", or, "I only came here to Baywinds to relax & enjoy life".

We are involved,...ALL OF US, simply because we bought not only our homes, but the rules we MUST live by. Those rules were badly broken by Lennar & the Master Board. Were you to break rules of Baywinds, you would be fined & your property might be forfeit. Why are Lennar & the Master Board exempt from the very rules we all agreed to when we bought into Baywinds?

As of turnover on June 29th 2005, Lennar was gone, but the damage they created, lives on. If we don't deal with the problem now, we will have to face the issue at some point in the future. If our community is built upon a house of cards, at some unforseen time, it must surely collapse under the weight of these ongoing problems & ALL of our homes could turn out to be albatrosses on the real estate market. Let's follow the rules we all agreed to when we purchased homes in Baywinds, & then, if we are dissatisfied with those rules, we can change them legally, BY VOTE. OUR vote, not the Master Board or Lennar's vote.

And stop holding up to ridicule those who wish to adhere to the rule of law. It only makes look foolish those who accept anything the Board does as right & lawful.

I can only remind you that when the Nazis took power in Germany & tossed out rule of law, most of the population believed that the Nazis were right simply because they were in power. Think about it!!!

Irwin Seitelman

 


Last Updated: December 28, 2006