This petition was created by a collection of homeowners concerned about the prospect of construction defect litigation between the South Cove Community Association and the builder. Underlying our concern, is that we – as homeowners – have not been informed about the benefits, costs, and risks of the HOA Lawsuit, nor any of the specifics of what might need repairing or what the defects might be. Yet our lives, properties, and finances will be significantly affected for years to come. If you, as a homeowner, agree that litigation should be put to a vote, after we have been fully informed of all material aspects of the HOA Lawsuit, please sign this petition. Thank you. SouthCoveVotes@gmail.com
========= PETITION =========
We, the undersigned Members of the South Cove Community Association, issue the following directive to the Board of Directors of the South Cove Community Association:
The claim and/or case by the South Cove Community Association ("Association) against the developer/declarant (and related parties) of the of the common interest development managed by the Association (hereinafter "HOA Lawsuit") shall not proceed, unless:
1) All known facts, benefits, costs, and risks ("Disclosures") arising from and related to the HOA Litigation are made, in writing and available on a password-secured website, to all Association Members within thirty (30) days.
2) All Association Members shall have not less than forty-five (45) days to review the Disclosures from the date of receipt of the website address, username, and password (the "Review Period").
3) A Membership-wide vote on whether to proceed with the HOA Lawsuit shall occur between the twentieth (20th) and thirtieth (30th) day after the Review Period. A simple majority (at least 85 units) of Membership votes shall be necessary for the HOA Lawsuit to proceed forward. The HOA Lawsuit shall not proceed forward without the requisite 85 Membership votes.
4) The Board shall advise the Members of the Association if the above-stated timeline must be modified to comply with statutory deadlines, and if necessary to avoid a statute of limitation, the Members shall endevour to advance the voting date to comply with the deadlines.
5) The Board is further directed to inform the Miller Firm that there now exists an unresolved conflict of interest between The South Cove Board of Directors and the Members of the Association.
6) The signers of this petition anticipate that it will be supported by the majority of the Members of the Association.