"THE FOUNTAIN OF INFORMATION" - Sunday, January 15, 2006
FCC Bylaws, Rules, Regulations and Amendments available for
download for 30 days
( March 6, 2006 - EDIT - These files are now available
permanently at http://hosted.filefront.com/TFOI )
Several people have written or called me recently asking for
a copy of the FCC Bylaws, Rules, Regulations and Amendments
so I have uploaded my copies of them to the following links
at http://www.UploadHut.com.
PLEASE NOTE THAT THESE DOWNLOADS ONLY REMAIN ACTIVE FOR 30
DAYS FROM THE LAST DOWNLOAD SO THESE MAY NOT BE ACTIVE LINKS
NEXT MONTH.
FCC Condo Bylaws - original 27 pages plus the cover pages
for Articles of Incorporation and Association -
http://www.uploadhut.com/view.php/6149.pdf
FCC Rules, Regulations and Amendments in Chronological
order - http://www.uploadhut.com/view.php/6151.pdf
The above .pdf (Adobe) documents are each around 5MB.
Neither of these copies purport to be the "entire Condo
Documents" since the full book contains things that are not
needed for daily or frequent reference. I only had access
to the full Condo Book for one day so I was not able to scan
the entire book. I hope to be able to do this in the near
future and I will be happy to copy the full document to your
CD if you bring one by for me and I will also upload it to
UploadHut.com since they do allow uploads of up to 50MB.
Condominium Homeowners Bill Of Rights (ATTACHED TO THIS
EMAIL) - This document, if ever adopted by the owners at
FCC, would more adequately protect each and every owner from
ownerous rules and regulations passed by an overzealous
Board or Manager in the future. The "Bill of Rights" would
also protect each and every owner from being singled out by
an overzealous Board or Manager, which has happened quite
often over the past few years from what I have heard.
Hopefully, the "new" Board elected after the Annual
Homeowners Meeting will put the "Bill of Rights" up for a
Vote by the Owners, IF CHET AND THE CURRENT BOARD EVER
RESCHEDULE THE ANNUAL MEETING.
Other scanned documents that are available for upload or
emailing are:
FCC Exhibit E1 - Approved Lease Agreement (See below
paragraph for possible illegality of this document)
FCC Condo Bylaws - Exhibit A - Certificate of Resale
FCC Condo Declarations - Exhibit 1A - Schedule of Percentage
Obligation
FCC Condo Declarations - Exhibit 2A - Schedule of
Description of Units
FEMA - NFIP Summary of Coverage Brochure
FCC Monthly Management Reports and Annual / End Of Year
Reports (Currently Available - 11/2003, 12/2004, 12/2004 -
Annual Report, 01/2005, 02/2005, 04/2005, 05/2005, 07/2005,
(August, September, October and November 2005 MONTHLY
REPORTS WERE NOT DONE BY CHET AND THE BOARD... WHEN THEY
WERE MOST NEEDED), 12/2005 -End Of Year Report) If you have
a copy of any Monthly Management Report or Annual Report not
listed here, please forward a copy to me and I will add it
to the library.
Also available are any other documents that have been
released through "The Fountain of Information" over the past
three months, including the few letters that Chet and the
Board have issued.
These are scanned copies from one owners documents and other
documents that "TFOI" was able to acquire and the library
may not be complete, as far as amendments, changes and
Monthly Management Reports. If you have other changes or
amendments in your copy of the Condo Documents or if you
have any of the "old" Monthly Management Reports, please
call or email me a copy so I can update the existing
library.
FCC APPROVED LEASE AGREEMENT and OTHER RESTRICTIVE RULES
AND REGULATIONS MAY NOT BE LEGAL -
THANKS go out to one of the readers of "TFOI" for their
research on this matter.
Please see the following Florida Supreme Court Decision:
Woodside v. Jahren, where the restrictive Lease Agreement
was deemed unlawful. Here is the link to the full document
http://www.ccfj.net/condosupcourt.htm and below is a SNIP
of the Florida Supreme Court Decision which basically says
that it is illegal and unlawful for a Condominium
Association to pass restrictive rules and regulations that
substantially alter the property rights of existing owners.
Some of the things that may be considered restrictive at FCC
is the "Approved Lease Agreement" that has been forced on
each owner, RETROACTIVELY, as well as restrictive rules
concerning Children, Guests, Pets and Personal Property,
which have also been written to RETROACTIVELY affect all
existing owners. These are the things that happen with an
over-zealous Board or Manager and when you do not have an
owners "Bill of Rights" to protect you.
(BEGIN SNIP from http://www.ccfj.net/condosupcourt.htm )
For the reasons stated above, we quash the decision below
and approve the decisions reached in Seagate and Flagler
Federal to the extent consistent with this opinion.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, PARIENTE, and LEWIS, JJ.,
concur.
QUINCE, J., concurs specially with an opinion.
QUINCE, J., specially concurring.
I concur in the majority's decision which quashes the
decision by the Second District Court of Appeal. I write
simply to urge the Legislature to seriously consider placing
some restrictions on present and/or future condominium
owners' ability to alter the rights of existing condominium
owners. At the time the units in question here were
purchased, the owners had the right to lease their property
with relatively few restrictions. One of the owners
purchased his units in 1979 and had enjoyed this leasing
right for eighteen years before the Declaration of
Condominium was amended. The twelve-month lease which was
permitted at the time these unit owners purchased their
units is no longer valid. These owners can now only lease
their property for nine months in any twelve month period.
As the district court pointed out the amendment has deprived
these owners of a valuable right that existed at the time of
purchase. See Woodside Village Condominium Assoc., Inc. v.
Jahren, 754 So. 2d 831, 833 (Fla. 2d DCA 2000). This
valuable right may well have been the determinative factor
for their decisions to buy these properties. As the district
court suggested, there should at least be some type of
"escape" provision for those "unit owners whose substantial
property rights are altered by amendments to declarations
adopted after they acquire their property." 754 So. 2d at
835.
(END SNIP)
Remember that "THE FOUNTAIN OF INFORMATION" has been
published at least weekly and often times daily for the past
THREE MONTHS so if you would like a copy of any or all past
issues, please send me an email and I will be happy to
forward same to you.
Until next time... let "THE FOUNTAIN OF INFORMATION"
flow!!!!!
Sincerely,
Lenny Vasbinder, Editor
"The Fountain of Information"
http://www.NeighborhoodHomeServices.com
Hurricane Damage Cleanup, Gutting & Tear-Outs,
Sheetrock & Flooring Removal, Handyman Repairs,
Homeowner's Contractors Agent (HCA), etc.
http://lennyvasbinder.blogspot.com
504-621-1870 eFax - 413-318-0742
NHSNOLA@Gmail.com LNVTM1@Gmail.com
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