Sorry to interrupt your holiday weekend, but……
Notice for a Special Board Meeting Tuesday at 1:30pm was posted on the MCA Admin building earlier today. On a Sunday afternoon, followed by a holiday Monday. The Admin office is closed this entire time so NO ONE will see it. It was not posted at the MCLWF as it usually is, but it may still meet the absolute minimum legal requirement for a normal Special Board meeting.
But it doesn’t meet the notice requirement when the change in use of a parcel is being considered (selling Conservation Easements and approving Wetland Mitigation Credits on hundreds of acres is clearly a “change in use”). That requires 14 days written notice to all members individually (per Florida 720.303.2(c)2). The Board and their lawyers have been informed of this requirement but are ignoring it.
The agenda and a revised contract are on the MCA website. It has two resolutions: To approve the contract, and revise the budget.
The resolution to approve the contract gives the President the authority to make whatever amendments they see fit AFTER BOARD APPROVAL but prior to signing it. Any Board members approving it are delegating unlimited authority to the President on this contract. That can’t possibly meet their fiduciary duties to make informed decisions as they are approving the contract without know its final form.
As MCA Homeowners we had our 3 minutes of opportunity to comment on Friday, (or less if we were cut off) and that was it. If you were one of the many people who were unable to stay for 4.5 hours (or unable to attend in person), then you don’t get even 3 minutes of “say”.
There are some changes to the contract but you’ll have to figure them out. They are not marked or described to help you understand what has changed.
Despite the VERY clear commitments from the President, VP and MCA’s lawyers that only 110 acres of open space parcels would be subject to Conservation Easements (CE’s) and Wetland Mitigation Credits (WMC’s), that isn’t reflected in the contract. The Meadows Course and Highlands back nine are still part of “Parcel 1” which is one of the “9 Parcels” subject to CE’s and WMC’s. (Footnote 1) This means that if the lease with BRDI comes to an end, golf will end on those courses/holes. BDRI’s right to “wetland” those properties will prevent a new golf operator from taking over, knowing that BRDI has the right to “Wetland” them at any time, at their sole discretion.
It is worth noting that those 27 holes are BY FAR the best golf holes that we have (maybe soon to be “had”). But we may still have the Groves….maybe (Footnote 3)
Maybe BRDI will invest millions. But they have made a clear choice not to commit to that in the contract. Or maybe they will be done in 3 years (Footnote 2). Or less if it is cheaper to break the lease and just pay us $4,641 per month for the remaining months (spoiler alert: it would be easier to pay the penalty once they have the CE and WMC rights, and be done with it).
Most of the major problems in the contract that we explained all still exist.
The majority of the Board may still pass these resolutions. But their process is a mockery of how good governance operates. Even if it may be legal, it still isn’t right. And it certainly isn’t what is best for the future of The Meadows.
Please accept our apologies if we gave you a brief glimmer of hope with our post earlier today. It was foolish to expect them to keep their word.
(but we’re still a little surprised that their lawyers were so clear on what the contract would be amended to say, and then disregarded what they stated so clearly. But ultimately they do what the client says. Or at least what their President, VP and Treasurer say).
Time to speak now or forever hold your peace.
If you are an MCA Homeowner* and would like to discuss this and other MCA matters with your fellow Homeowners*, join the “For The Meadows” Facebook group. Please provide your address in your request to join the group so your ownership can be confirmed. (* or spouse of a Homeowner)
Footnote 1
Per Exhibit F, “All Community Properties in the West of Longmeadow” are excluded from Parcel 1 of the 9 Parcels. That would exclude:
* the tennis/pool/CCL/fitness/Highlands cart barn (“Parcel K) from CE’s and WMC’s.
* The entire Groves course
* The Highlands course front 9
That leaves the Meadows Course and Highlands back 9 INcluded in the 9 Parcels that are subject to CE’s and WMC’s.
Footnote 2
In the Q&A that the President provided, it stated that if the lease was terminated after 3 years, we would benefit from any capital improvements they’d made during the 3 years. But on Friday the MCA VP made it clear that BRDI will not be making any investment during the first 3 years. They will just be planning during that period (presumably to understand the situation and decide if they will proceed).
Footnote 3
We may not even have the Groves. Exhibit B which describes the properties in the golf lease and it EXcludes the Groves and Highlands front 9 (they are part of “All Community Properties in the West of Longmeadow”). There is a new reference in Exhibit B to a map to more clearly define the area, but that map is not included. So the Board does not even know what they are voting on for the lease property.
There is no way for us or directors to know what is included/excluded. It will all be left up to the President.
Home | Sarasota Meadows Blog 
Leave a comment