Jerris' Letter to the Board (Rules), August 3, 2023
Dear Madonna and Laura Farkas,
Thank you so much for reminding us of the proper way to do things. Our rules and regs, covenants and restriction, and Bylaws are so very vital and important in running the Autumn Lakes Condo Association and the Autumn Lakes Association. According to our last page of the Rules and Regs, if you see a violation, you are to report it to the trustees and Board ASAP! So, this is a true observed and seen by all Violation.
Since you are the Secretary and Vice President/Treasurer would you be so kind to show the Bond for the Treasurer. A Treasurer must be bonded according to our Rules, Regs, Indentures and By-Laws. Per our By-Laws. Sent to my email is perfect. Also, all records both personal and work orders are to be handled by the Secretary only. She is the communicator for emergencies and all work orders, per Articles in the indentures and By-Laws, Rules and Regs. See it say it last page! So, Madonna you must have both binders in your possession at all times, no one else.
The Second item is you are bound to assess violations from Owners who break the rules, regs, indentures, covenants and By-Laws, You are Trustees first and Board members second. As Trustees you are entrusted with the Health, Maintenance, and Well-being of Autumn Lakes. In other words, you are the guardians or Autumn Lakes is the Bride and You are the Groomsmen.
With all that being said and part of your fiduciary responsibilities, the Association is calling upon your duty and obligation to assess and fine Violators. Therefore, Violations are assessed against one Charlotte Smith, aka Shah and one John Smith residents on Autumn Trace Drive for violating Page 5 last 2 sections and Article 9, 9.7 for Vendor Signs. NOT ALLOWED. Since this is a clear and deliberate violation and because of the position held as a Trustee and Board Member, President, WHO should know the rules, regs and by-laws backwards and forwards, you have an obligation to fine these persons as prescribed in Section 5 Under General Rules and Regulations.
As written $75 on first day offense and $50 thereafter. So here is the fine 7years x 365 days equals 2555 days x $50/day equals $127750 x 2 vehicles equals $255,500. Section 5 under General Rules and Regs. Also repeated in the indentures. 4 locations all together.
As Board of Directors, it is your obligation and duty to administer and levy these violations, knowing full well, the President of ALA and ALCA knew what she was doing for her own benefit. Under the Rules, Regs, Indentures, By-Laws, you must levy a lien again this party on their condo and follow through in said period of time, to take it to Sheriff Sale to collect levied fines for their violations as The Supreme Court just ruled in the case of a Soldier on Deployment lost his home to the HOA Sale because of levied fines, You must also follow through as Trustees and as Fiduciary representing Autumn Lakes Condo Association and Autumn Lakes Association.
Your handling of this matter will further show whether you truly are a Trustee of The Two Associations which you were elected to represent.
The monies collected from this levy, knowingly and continual violation, day after day, year after year, will greatly increase the Capital Reserve account which will allow the Association to start to rebuild and replace needed items on long promised work orders and repairs to enhance the investments of each and every homeowner and condo owner in Autumn Lakes that the Board has forgotten about or put on the back shelf.
It is your duty and obligation to follow through in a timely manner as prescribed and announce in the January meeting by said President on other fines and levies which started very quickly after it was announced.
Remember too, all indentures, covenants, rules and regulations as well as all Bylaws run with THE LAND and have to be adhered to and can only be changed by a filed and recorded amendment, like in 2014, time stamped at the St. Louis County Courthouse. It does not matter who is sitting on the Board at any time. You personally signed and acknowledge this when you bought your condos. Promised to abide by and promised never to hinder the property or its value or to deface it in any way that would harm it. Reread your docs. YOU promised, you signed for it in front of a Notary Public, and it is also filed at the St. Louis County Courthouse.
Your expeditiously taking care of these matter will determine the health and well-being of these Two Associations.
Most Respectfully Submitted as a verified homeowner doing duty as prescribed in the Rules and Regulations. See it, Say something.
Jerris Collins-Ruth