Palm Beach Polo Property Owners Association 

 

 

 

New Water Restrictions Take Effect Jan. 15 Starting Jan. 15, the South Florida Water Management District has mandated one-day-a-week watering throughout Palm Beach County. Mandatory water restrictions have been in effect in South Florida since last March. Prompted by the further lack of rainfall and the rapidly receding Lake Okeechobee levels, Phase III Water Restriction will again be in effect starting Tuesday, Jan. 15. Phase III is classified as an “extreme water shortage” declaration. Water-use restrictions do not apply to the use of 100 percent reclaimed water, but water use restrictions apply to water from all other sources: public utilities, private wells, and all surface waters such as canals, lakes, ponds and rivers. Phase III requires that residents will be limited to a one-day-a-week irrigation schedule. The following are general guidelines for homes with less than five acres of land: • Odd street addresses may irrigate lawns and landscapes on Mondays between 4 and 8 a.m. or 4 and 8 p.m. • Even street addresses may irrigate lawns and landscapes on Thursdays between 4 and 8 a.m. or 4 and 8 p.m. • Residents and businesses with more than five acres have expanded irrigation hours, between midnight and 8 a.m. or 4 and 11:59 p.m. on their designated irrigation day. • Hand-watering with one hose fitted with an automatic shut-off nozzle is allowed for 10 minutes per day for landscape stress relief and to prevent plant die-off. • Low-volume irrigation, including the use of drip and microjet systems that apply water directly to plant root zones, is not restricted but should be voluntarily reduced. • Additional watering days and times will be allocated for the establishment of new lawns and landscapes. • No restrictions apply to other outside water uses, such as for car and boat washing, pressure cleaning of paved surfaces, decorative fountains and water-based recreation (e.g. swimming pools, water slides). • Golf courses must reduce their allocated water use by 45 percent. The Irrigation Inspection program will be made available until Feb. 15 to all Wellington residents and utility customers who have automatic sprinkler systems. An irrigation technician will review the resident’s current irrigation system settings and show the resident how to adjust, if needed, to comply with the current water restrictions. Call (561) 791-4003 between the hours of 7 a.m. to 4 p.m. to schedule an appointment. Wellington code compliance officers regularly work nights and weekends and will be enforcing water restrictions. Due to the severity of the drought, warnings will not be issued. Fines for violations in Wellington are $75 for the first offense and $250 for repeat violations. For more information, visit www.ci.wellington.fl.us.

 

 

 

 

 

 Tree Health in the Winter Months

Winter is the perfect time to do general tree care maintenance as well as fertilization. In the winter months plant growth slows in South Florida.Winter is an ideal time to prepare your tree for continued healthful growth by scheduling fertilization and/ or tree maintenance pruning during the winter months. The winter months are the best time to fertilize your landscape. Trees and palms in South Florida have less nutrient requirement in the winter months. Leaf growth ceases at approximately 55 degrees fahrenheit, roots will continue to function down to approximately 45 degrees fahrenheit. During this time roots expand and store carbohydrates and soil nutrients. In our mild to moderate winters in South Florida our trees experience a constantly fluctuating uptake season. The nutrients readily available in the spring are a key element in the growth pattern for that specific plant for the entire season. Therefore preparing the nutrients needed for a plant is essential for a healthy year.    

Drainage System Maintenance A community can lose a portion of its drainage system conveyance or storage capacity due to dumping, debris, soil erosion and sedimentation and over growth of vegitation. When this happens, flooding occurs more frequently and reaches higher elevations, subjecting properties otherwise protected to an unnecessary risk of damage. Keep grass clippings and other debris out of storm water drainage systems to prevent clogging and loss of storm water storage and conveyance capacity. Western Hemisphere Travel Initiative Effective December 31, 2006, all U.S. citizens traveling by air or sea to/from the U.S. will be required to have a passport. Roof Care, Maintenance and Preservation Standards Excluding the natural aging process of the wood shake roof, we have noted a sharp decline from the original high standard of beauty that the roofs within our community have maintained in the past; the neglect has affected the overall look of our residencies. In order to address this very important matter the Architectural Review Committee has issued a roof maintainence requirement since 2000 that requires a minimum of one roof cleaning to be done within each two-year period. As mentioned before, this will exclude all wood shake roofs. On May 1st every year each HOA will provide documentation that validates that the homes in their community have met the minimum roof maintenance requirements. Problem Trees Non-native problem trees can cause conflicts when planted adjacent to or under overhead power lines. These trees may be prohibited in some municipalities. Any fast, tall-growing tree that could ultimately reach the power lines could cause a problem. Some examples include:                                             * Australian Pine                                             * Brazilian Pepper                                             * Chinese Tallow                                             * Melaleuca                                              * Ficus                                             * Tree Bamboo               PALM BEACH POLO AND COUNTRY CLUB PROPERTY OWNERS ASSOCIATION, INC.   Community Newsletter     July 3, 2008     Dear POA Member:               Undoubtedly, most of you know or have at least heard of Tom Hill, a former member of the POA.  In 1995, Mr. Hill sued the POA and the “Developer” contending that POA funds had been improperly used for Developer expenses, the Developer had converted POA funds, there had been improper amendments to the POA’s By-laws, there were impropriety in POA elections, and that the Members of the POA were entitled to receive the return of millions of dollars in over-assessments.  Ironically, the claims Mr. Hill failed on are virtually identical to the claims which are now being asserted by some of your HOA’s.   After more than 10-years, the Hill Litigation has reached the end of its road.  On May 23, 2008, the Court entered an Order against Mr. Hill on the issue of attorney’s fees.  In its Order, the Court ruled that Mr. Hill is liable for the POA’s attorney’s fees and costs incurred in the defense of the lawsuit.  Specifically, the Court ruled that “[i]n the end Mr. Hill obtained no award and no relief,” “all issues were resolved against Mr. Hill” and “the prevailing party on the significant issues is the [POA].”  The Court will shortly schedule a hearing to determine the proper amount of the attorney’s fees and costs that Mr. Hill must pay.  After that litigation, you can imagine that the attorney’s fees and cost bills incurred by the POA’s insurance carrier in the successful defense will be significant.  A preliminary review of the figures reveals that the fee petitions against Mr. Hill will exceed $1,000,000.  The POA’s insurance carrier, who advanced the monies for the POA’s defense, has stated that it will use all legal methods to collect the $1,000,000+ from Mr. Hill and any other person that participated directly or indirectly in the pursuit of those unsubstantiated claims.               Now, a self-appointed “Steering Committee,” who is somehow acting as “legal advisors” to some HOA’s that have brought similar claims, is sending you down the same path that Mr. Hill unsuccessfully traveled.  Indeed, the arguments advanced by those HOA boards mirror those unsuccessfully advanced by Mr. Hill.  Even a cursory review of the so-called evidence that the 19 of 44 participating HOA’s seek to offer establishes nothing but smoke and mirrors.  Each of the HOA corporate representatives that have been deposed thus far have testified that they have no knowledge, nor evidence of any conversion or improper use of POA funds.[1]    Additionally, in a separately filed lawsuit, you should know that the contested election of your resident board member Andrew Carduner was recently upheld by the Administrative Law Judge to have been proper despite the arguments advanced by the self-appointed Steering Committee members that it was not and that Mr. Carduner should be removed.  The Judge ruled that the Declarant’s votes in favor of Mr. Carduner were properly cast and that those votes were properly counted by the POA.  Mr. Carduner remains a director of the POA.      So, where did these unsupported allegations of misuse and conversion come from?  Well, from the wild imaginations of the self-appointed Steering Committee who are almost all either expelled or disgruntled country club members.  Remarkably, even members of the self-appointed Steering Committee have testified that they have no knowledge or evidence supporting the allegations of improper conduct on the part of the Developer.  At this point, almost 1-year into the lawsuit, you should be asking yourselves where this is all going other than to enrich the HOA’s attorney and perhaps allow some of your Steering Committee members to take-out personal grudges they have against the Club – something that is unrelated and outside of the scope of the claims in the lawsuit.[2]               In the POA’s March 28, 2008 Community Newsletter, the 19-different HOA’s who are participating in the lawsuit were all informed that formal court-papers had been served that will require each of them to pay the attorney’s fees and costs incurred in the defense of the lawsuit.  When such an award comes, which it undoubtedly will as it did with Mr. Hill, you all will be reaching deeper into your pockets to pay.  Obviously, if you fail to do so, liens will be placed on your homes.  While the claims have been advanced by 19 of the HOA’s, the plaintiff HOA’s are made up of individual homeowners that are going to be held accountable in the end.               Given that there is no evidence to support the claims raised by the self-appointed Steering Committee, we can only assume that you have all been misled or your schedules have not afforded you the opportunity to investigate the outlandish claims that are being advanced.  Either way, it is a dangerous proposition for which there are significant consequences.  If you doubt that for a second, look at the seven-figure financial obligation that Mr. Hill is facing.  This is not a one-way street.  If you and your HOA’s continue down this poorly mapped course, the POA, its carrier and the Declarant will indeed seek the same monetary awards against your HOA’s that the POA has successfully obtained against Mr. Hill.  Additionally, as we are informed, more claims for malicious prosecution may be brought by the POA or the Declarant.                In summation, look at the history of the lawsuits against the POA by the dissident groups during the last 10-years and you will see that they have accomplished nothing that has had any real impact except to empty some of your pockets.  The only thing that is certain to happen if this litigation continues is that the POA will be forced to special assess its Members significant sums to pay for what is sure to be a thorough fight to prove that the POA and its affiliates are again correct.  That is the right and requirement of the POA under the community’s governing documents and, unfortunately, because of the actions of the dissident group, that is what will occur.   [i]   [1] In the current lawsuits against the POA and Developer, less than 40% of the HOA’s at Palm Beach Polo allowed their names to be used as “Plaintiffs” and, even of those that did, there is considerable dissention by residents who have questioned the tactics of their individual HOA’s and their management companies.  Already one HOA has dropped out of the lawsuit as a result of the lack of evidence and the significant chance that it will have to reimburse the POA or the POA’s insurance carrier, as well as the Developer, for their attorney’s fees and costs in defending this case.   [2] For example, certain Steering Committee members have been suspended from the Club because of their improper conduct.  Others are currently facing similar fates. [i] This Community Newsletter was NOT reviewed by the Resident Director Representative