Dear Members,
In an effort to bring you up to date on the Declaratory Judgment legal action, please note that a hearing on the Association's Motion for Summary Judgment will take place on October 17th in the West Palm Beach Main Courthouse at approximately 11:00 AM.
Obviously this hearing is open to the public. We do not know if the Court will rule immediately on the motion or if the Court will take the arguments of both sides under consideration and rule at a later date.
There is considerable case law on what authority a Board of Directors has in amending the governing documents of Condominium or Homeowners Associations. Again, I caution our members that this is only a hearing and may not decide the outcome of the case.
At the crux of our argument is that if the Board of Directors of Pheasant Walk has the power to amend our Declarations, the most important document, without the vote of 2/3 majority of the voting members, a simple majority of a quorum of the Board ( 2 Board members )have the power to amend our Declarations.
In any event, we will keep the members informed as soon as we have more information or a decision from the Court.
I hope many of you have decided to participate in the 2nd Annual Pheasant Walk Golf Tournament, November 22nd at the newly reopened and renovated Delray Beach Municipal Golf Course.
The Tournement Committee is working hard to make this year's event a good time for all. Entry forms are available at the front exit attached to the signs or they are available on the website.
If you want to be a special sponsor or know of a local business that might participate, please contact a member of the Golf Tournement Committee. Names and phone numbers are posted on the website and on the entry forms.
Our Park Committee is continuing to make progress on the park improvements that have been approved for Fiscal Year 2003. Hopefully, we will continue to make progress at improving our park in future years.
The Budget Committee will be meeting in the near future to work on our budget issues for the coming year. Anyone interested in participating, please contact Pointe Management.
Our next scheduled Board of Directors meeting will be Wednesday, October 8th at the Firehouse. We welcome your participation.
Sincerely,
Bill Schira, President
For the Board of Directors