Comments (5)

  1. Dave and Cindy Dyal

    “but if your impeding MY siteline then that’s unfair to me”. To be clear, our legal sight lines are what we can see directly between our property lines. We don’t have a right to see past our neighbor’s property (aka, air rights). The property owner has property rights. One cannot lay claim to anything one doesn’t own — including a sight line that one doesn’t own. We cannot affect our neighbors’ building locations simply because it may alter our view across their property lines. Not sure where the belief of such inferred rights originated, but such belief is incorrect.

    Regarding a 2 story dock, not all properties here are the same. Some folks paid a premium to own lots at the terminus of these canals. Their sight lines are straight down the canal to the river. A 2 story dock would not affect anyone’s view within their property lines. This one-size-fits-all viewpoint is unfair to those who live on lots that can accommodate such structures and are legally able to have except for the “opinions” of one or two folks. Simply having a roof on a dock is a sight obstruction, regardless of number of stories it is. However, folks chose to acquiesce instead of exercising their property rights and that was their choice. The next property owner who applies may not submit and may fight. It is incumbent on the HOA to be mindful that a personal opinion is not legally sufficient to deter someone from exercising their property rights within the deed restrictions, and codes enforced by the Authorities Having Jurisdiction (FC, SJRWMD, DEP, etc.).

    The majority of the issues we have here are derived by folks asserting their opinion as fact. Such issues are settled in court if the asserting party doesn’t withdraw. Recently the HOA withdrew all its positions against a Member (after incurring thousands of dollars of legal costs on both sides). The Member simply paid a fraction to get it settled. In the end, none of the HOA positions were upheld and the house continues construction, including the dock.

    In fact, the only entity not obeying our rules is the HOA by not getting authorization from the Members to pursue any legal action against a Member. These are the same folks who allowed an ineligible resident to serve on the board and vote on items that affect all Members.

    The only rules cast in stone came down the mountain with Moses. Since then, all rules are subject to change by consent of the governed (there is a war in Europe about who is to govern them). We are ruled by what we condone. I do not condone being ruled by the egregious interpretation of our published rules; ergo, my suit against the HOA.

    Meanwhile, really loving life here and working to improve it for all of us. Well, the tide is right, so off to catch more fish.
    Dave Dyal

    • Les and Carol Abend

      Dave,
      First, I would like to express my appreciation for the hospitality that you and Cindy extended at your home last week during your open house event. It was a pleasant experience to socialize and meet neighbors new to the community.
      Some truth exists as to the point you make regarding “site lines,” however, as you rightfully indicate, we are restricted by other governing entities. One of those entities is the County’s approved Planned Unit Development (PUD), which restricts canal lot rear setbacks to be 5ft from the Mean High Water Line (MHWL). Extending an existing lot beyond the defined MHWL through construction of a sea wall is not helping the community’s standing with the County nor with the adjacent property owner, especially when they had the expectation for compliance with the PUD; notwithstanding that construction of a foundation slab has a potential recipe for disaster when placed on top of seawall backfill, or as it has already been documented, it allows for water intrusion to the house structure during a storm event.
      As for the 2-story dock subject, and as one of the authors to this particular architectural guideline, the intention was to provide harmonious aesthetics for docks- constructed with or without boat house roofs. Communities like the Florida Keys or the Palm Coast C-section that allow observation decks are not appealing and tend to detract from home values. The “one-size view” to which you refer is actually considered in the Guidelines for canal end lots, but only for the purpose of positioning the dock advantageous to those properties, i.e. Todd and Diana Reed’s lot.
      I agree that asserting one’s opinion as fact is dangerous. That’s why I caution you, Larry and Charlie, to carefully read our governing documents. Your assertion that the BOD can’t pursue some of the legal action it has undertaken requires a review of our Articles. As I offered last week at your open house, I would be pleased to discuss any subject. Additionally, it appears that in some circumstances you have heard only one side of an issue. Please be certain that you have all the facts before making a public statement.
      Flagler County and many other Florida communities operate under the governance of an HOA. These HOAs function with the same regulations and the same governing structure that exists with Seaside Landings. The other communities include BOD members and committee members that volunteer for the heavy lifting with the sole purpose of maintaining the value of the development. An HOA is a representative government that acts on behalf of its members best interests. Yes, membership input is very important, but at the end of the day not every decision can be made through a public consensus. How is SSL any different?

  2. Timothy Senak

    Debra and Jim, Pat and I want to wish you welcome to this great community. We have chosen our home here as our “forever” home once we give up the corporate and business owner rat-race. We are sure you will love it here as we do. We look forward to have you as our neighbor and friends.

  4. Abby and Steven Hager

    thank you Norbert for providing a forum for the exchange of ideas and communication within our growing community. I believe it serves a valuable service in that owners can be in the loop on many issues . I also understand the need for informal discussion vs official hoa business. they should not be confused. the official communication from the board thru Watson relays what is actually been decided by the board and committees. I am glad to see that some of the vitriol has subsided by giving a platform to those who feel marginalized or excluded whether real,imagined or just that like us , we aren’t living at SSL yet. I also applaud the post about following the rules we all accepted. we live in an age of ME. the prevailing opinion or attitudes of I bought my land and I can do as I please is incredibly selfish and misguided. we all signed the same rules. if you didn’t read it well thats on you. you want to do as you please then you should buy some land in a community without an HOA. Living at SSL comes with rules. rules set by the PUD and Flagler County, St John’s water management too. These rules protect ALL OF US. not just the ones who think screaming makes you right. Thinking about how these rules protect ALL our property values and build a sense of community is foremost. not just one person’s personal opinion or gripe. Many homes have been built and built correctly and in accordance to our governing documents. recently I heard that an owner wanted to push their house further back than allowed. well sorry but if your impeding MY siteline then that’s unfair to me. I have as much right to enjoy my view as the next homeowner. tall fences to the water, two story docks, Seawalls that don’t form a continuous straight line- these types of issues affect everyone including your neighbors. Follow the rules and if you have an issue try and work within our guidelines. it’s not that difficult. 29 homes built were able to. Be Nice and Do No Harm. or go someplace where you can be master of your own universe. we love SSL and have met and made incredible friendships and we haven’t even built yet(Seawall is in!). special shout out to the Gonce’s and Garrisons who took time on our last trip to invite us in for a tour of their lovely homes and to hear recommendations and suggestions. also to Les and Carol and Ira and Alexis for keeping an eye on our property and also for their guidance as we move forward. also to Norbert and the Dyals as well for getting info out and also proposing options which is important as we are an evolving community. attacking each other solves nothing . working together will build this community into a special place to live. also thank you to the Reeds and the Britians as well as Jack and Craig for their time and efforts. we are truly blessed to be apart of building SSL and look forward to being permanent residents. just be warned that actions have far reaching consequences and our HOA is a protection not an adversary. respect and help each other. Steve Hager

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