Asymmetry vs Agency
Several homeowners and “Intervenors” hosted a get together on June 2, 2025, at 5:30pm at the Fair Oaks Place cul-de-sac for Fair Oaks neighbors and the HOA Board to look at the design and plans of the proposed Brighton development adjacent to Fair Oaks Place. A number of new neighbors attended, and we thank them for coming to learn and share their thoughts. Despite a personal invitation sent to HOA Board members on May 27, no one from the HOA Board attended. This was a major disappointment. We know that several board members are at least willing to listen to the Intervenor’s side of the story and some who seem to be on our side. NO ONE from the HOA Board of Directors attended this important, informational meeting. The purpose of the meeting was to talk to the members of the HOA Board and neighbors about the Brighton proposal and to point out the impact that it could have on the Plantation neighborhood—large structures a very short distance to existing homes, loss of golf course views, bright lights and noise, lots of new neighbors, kids and dogs with no common area, and a walking path along the golf course, to name a few. We know that many neighbors and several members of the Board take walks by the Fair Oaks cul-de-sac every day, so it was not an inconvenient time for a “local” or a get together.
A critical and informative point is this:
Many in The Plantation Community believe that the HOA Board members should be informed and should be expressing opinions, monitoring concerns, making recommendations, and providing knowledgeable input at the upcoming public hearings before the Garden City P&Z Commission and City Council, beginning just two weeks from now on June 18th. The HOA Leadership may wish to take or advocate a neutral position; however, it should be an informed position, and it should represent the interests of the Plantation neighborhood and its residents. Avoiding contact or communication with homeowners, who the Board represents, is an abdication of fiduciary duty. The HOA Board and all members of the Plantation Master Association should be familiar with:
The Master Declaration Contract
The recent ruling from Judge Medema to deny the owner of the golf course’s Motion to Dismiss
The Brighton proposal.
On May 7th, we sent a letter to all the HOA Board members asking if the Board planned to represent our neighborhood in addressing many of the aspects of the Brighton project. That communication was sent by the Board to the HOA attorney for a response. The Board’s attorney failed to respond to our letter and only responded when the attorney for the Intervenors requested a response. The HOA attorney replied, and we paraphrase, that the HOA Board has not taken up that particular issue yet. It has been nearly a month since our May 7th letter, and we have yet to receive a response from the HOA Board or the HOA attorney. Has the HOA Board been advised not to communicate with any of the Intervenors? In the interest of transparency, the HOA Board has a duty to respond to homeowner requests.
Rumors are an unfortunate consequence of living in a neighborhood that is divided. One such rumor is that the HOA Board has been advised by their attorney not to communicate verbally or in writing with any of the Intervenors because of a pending lawsuit that involves the HOA Board.
To be perfectly clear: To date, the Intervenors have not made the HOA Board a party to any lawsuit. In fact, the Intervenors have gone to great lengths NOT to involve the HOA Board in a lawsuit.
Is that rumor now being used as an excuse for the HOA Board not to communicate with members of the Plantation neighborhood? Not showing up for an information gathering session and not answering e-mails or talking on the street to neighbors is an example of closed minds being unwilling to engage in conversation about important issues facing all homeowners in the Plantation. Have those same minds taken the time to read and understand The Master Declaration Contract and the pleadings of Judge Medema when he refused to grant The River Club Owners’ Motion to Dismiss? The fact that the HOA Web Page and the Save Plantation coalition website have not posted that ruling only further proves that The HOA Board has no interest in sharing the facts with all homeowners. It appears that they are only interested in creating a false political narrative to fuel rumors in the neighborhood. This is not the role of the HOA Board, and it is a breach of their fiduciary duty to all homeowners.
A judge will decide the ultimate outcome of one simple question, “Does the Master Declaration Contract apply to the golf course lands?” Put another way, do the CC&Rs run with the land?—this is the one and only question being asked of the court.
At this stage in the process, we are only left to ask the question: Is the HOA Board acting as an agent for The River Club at the expense of the Plantation homeowners? Are they concerned about their fiduciary responsibilities? If not the HOA Board, who is protecting the quality of life and property values of the Plantation homeowners?
We pay our HOA dues a year in advance, but if the HOA Board doesn’t answer our e-mails, respond to requests and have a dialogue about our concerns, maybe we should request that the HOA collect our dues from The River Club, whose interests they appear to be primarily representing.
For almost 4 years we have asked the agent acting on behalf of The River Club ownership group---in all its’ iterations and evolutions:
DOES THE MASTER DECLARATION CONTRACT APPLY TO THE GOLF COURSE?
The closer we get to answering that question, the more we have come to believe that there has been a concerted effort by many people to circumvent that question all together.
There is one simple question. It isn’t often that a question of governance or a legal case could be so simple.
We would like to offer our webpage to any credible, civil, logical discussion from the other side.
— Preserve Plantation Neighborhood