Letter: Bylaws a ‘Good Document’

I believe the Board of Directors is doing its fiduciary duty superbly. The Directors were elected to look out for the best interest of the Association. Mr. Irvine seems to be fixated on only the Golf Course. I remind everyone that when Mr. Irvine ran for the Board just last year, he wanted to sell the Golf Course.

The rewriting of the Bylaws will not, by any means, facilitate a 5 to 8 million-dollar improvement to the Golf Course. That totally untrue statement was used only to enrage members.

The Bylaw changes were not primarily authored by Bruce Yarbrough and myself, but were done by the entire Board of Directors, the Staff, and Corporate Counsel. None of the changes are illegal and do not discriminate against any member of the Association.

The Bylaws will not remove all spending limits. Here is the breakdown of the spending limits:
1. New items (classified as Capital improvements): These are items that are brand new and will be limited to 5 percent of the budgeted gross expenses for the fiscal year. This is in conformance with the Davis-Stirling Act.

2. Repair and Replacement: These are items already in existence and are owned by the members. There is no limit on these assets. The Board has a Fiduciary Duty of Care to maintain the assets of the POA. The assets must be maintained and open for the enjoyment of the membership. If there were a limit on these assets, there could be a delay in repairs, which could result in the amenity being closed.

All five of the Board members were unanimous in bringing the proposed Bylaws to the members by saying, and I quote, “This is a good document.”

I ask all the members to vote “Yes” so the Directors can perform the fiduciary duty they were elected to do.

Dave Eilers, CLPOA President