4/13/16
The following has unanimous LMBPOA Board support and is written to help protect the property rights of ALL property owners in the Subdivision. A homeowner recently emailed that the Ocean in front of our subdivision's beach will be overrun with boaters "with a public right of way on Sunset Drive! Get out the parking meters!" and attempted to attribute our recorded Private Easement to the cause of these boats anchoring there.
It should first be disclosed that Roland Moore, Eric Rizzo, Luke Myers and Charles Mcwhirter filed a lawsuit against the LMBPOA to intervene to Extinguish the Easement. Their motion was denied. They appealed the denial to the District Court of Appeals Third District (3DCA). Their motion to stay pending this appeal was denied by the District Court of Appeals Third District (3DCA). It was stipulated in Court that the Association is not seeking a public easement. To the contrary, this recorded Easement is for the BENEFIT OF THE MEMBERS, INVITEES, AND LICENSENSEE OF LMBPOA and as such we have an obligation to defend it and help protect the property rights of ALL property owners in the Subdivision.
The State of Florida Department of Natural Resources has previously said, that the State would not include a PUBLIC EASEMENT in the 1989 deed conveying the land (Myers waterward property), because there was already a PRIVATE EASEMENT in place. Please see the attached letters from the Florida Department of Natural Resources which are part of the file from the State's conveyance of the property we are discussing. The first letter says an Easement by the State for the Jetty site will give the LMBPOA the control necessary to maintain and protect the jetty. The second says due to the importance of the jetty for protection of the inlet and adjacent coastline…we have suggested an Easement to the local property owners association would serve to protect everyone’s interest. The last says if the State approves the deed conveying the land (Myers waterward property), the State would require an easement across it for access to the jetty, which will remain in public ownership and if the present (Private) Easement is for public purposes, it would satisfy our need and we would like a copy of this easement for our review. As you have read, the (Private) Easement is not for the public but for public purposes (ingress and egress to the jetty) for the benefit of the members, invitees and licensensee of LMBPOA. The entire Subdivision relies on access to the ocean which is protected by the Jetty and our access to it.
The sender also pointed out in another email that when the Burkes purchased 262 Sunset, the house next door to Myers in 1999 it included a 10' wide private easement. The recorded deed, OR1562/1545, from Myers to Burke provided a 10' wide "pedestrian access easement" in the same location across Myers property where the LMBPOA has its 15' wide easement that was recorded in 1982.
Regarding the Public Private Roads issues, everyone who lives on Sunset Drive knows that we have a problem with cars sightseeing and daytrippers parking on our property and using our property to get to the beach and using our chairs and showers. That is one reason to advocate for keeping the Roads Private. Among other issues that affect Both roads, the most important to some is the financial responsibility of maintaining them. The general membership voted to form a committee to research and present the facts and the pros and cons of a Public vs Private Road. Some would like the Roads Public and a larger number have expressed their desire to keep the Roads Private. Most everyone agrees they do not want to pay for any maintenance for the roads. I encourage everyone to join the LMBPOA and voice their opinion. There is however no similar public/private issue regarding boating and the use of the Ocean as suggested. If the amount of boats and music is truly a neighborhood concern however, we can try to make a difference acting as an Association to advocate to the Village especially regarding any actual ordinance violations. But remember, many people who live in our own subdivision use that same area for their own enjoyment.
Please do not be misled by any misrepresentations you read or intimidated by any false accusations made about the actions of the LMBPOA or veiled threats "to be addressed at a later date". LMBPOA is a Non Profit Corporation and our incorporation protects the members from personal liability. Florida Statute 617 governing Non Profit Corporations states in section……617.0604 Liability of MEMBERS — (1) A member of a corporation is not, as such, personally liable for any act, debt, liability, or obligation of the corporation. Members cannot be financially liable. Incorporation protects against individual liability. Furthermore, the LMBPOA maintains a General Liability Insurance Policy and a Directors and Officers Insurance Policy for ALL the Association Members.
Please encourage your neighbors to join the LMBPOA and that it is essential to make a contribution to help defend the recorded Easement against this lawsuit. If you already contributed, thank you and please consider adding to your contribution. Please make checks payable to the LMB Legal Fund and send to PO Box 1497, Islamorada, FL 33036.
LMBPOA 2016 Board of Directors with Unanimous Agreement
President: Robert Moser
Vice President: John Langston
Sec/Treasurer: Cathy Langston
Director: Richard Manning
Director: Tom Handwork
Director: Paul Garber
Director: Jeanie Dello Joio
Director: George Nassar
Director: Aaron Herwig
4/8/16
This communication has unanimous LMBPOA Board support and is written to help protect the property rights of ALL property owners in the Subdivision.
John Myers filed a lawsuit against the LMBPOA to extinguish the LMBPOA's easement created and recorded in 1982 by John Brockway, on property he purchased, because the previous owner of Myers' property would not allow the Association a right-of-way across it. The channel was immediately dredged and the jetty repaired using the easement to access them. And the LMBPOA has continued to do so throughout the last 36 years most recently completing a $130,000 project to rebuild the Jetty to protect the entrance channel. Remember it was almost not possible to get your boat thru the channel.
THE EASEMENT IS FOR THE BENEFIT OF THE MEMBERS, INVITEES, AND LICENSENSEE OF LMBPOA. IT IS NOT A PUBLIC EASEMENT.
The entire Subdivision relies on access to the ocean which is protected by the Jetty and our property values are directly affected by this access. We must maintain our ability to dredge the entrance channel to our canals and the ability to repair the Jetty that protects it. Without the easement we are at the mercy of one homeowner who would exclusively control access to the Jetty. Remember, in 1979 the previous owner of the lot adjacent to the Jetty would not permit access to it. In addition, if extinguished, you could no longer walk across the beach to the Jetty without being accused of trespassing.
The trial date has been set for July 18, 2016. Those who can attend need to do so. THE MORE WITNESSES THAT ARE ABLE TO CONFIRM THE USE OF THE EASEMENT OVER THESE MANY YEARS, THE MORE LIKELY THE JUDGE WILL RULE THE EASEMENT IS VALID. Remember, just because the Jetty has been recently rebuilt does not mean it can't be destroyed by a Hurricane or deteriorated by storms in the future. Sand silting into the channel is constantly occurring and will eventually need to be dredged.
Please encourage your neighbors to join the LMBPOA and that it is essential to make a contribution to help defend the Easement against this lawsuit. If you already contributed, thank you and please consider adding to your contribution. Please make checks payable to the LMB Legal Fund and send to PO Box 1497, Islamorada, FL 33036.
LMBPOA 2016 Board of Directors with Unanimous Support
President: Robert Moser
Vice President: John Langston
Sec/Treasurer: Cathy Langston
Director: Richard Manning
Director: Tom Handwork
Director: Paul Garber
Director: Jeanie Dello Joio
Director: George Nassar
Director: Aaron Herwig
LMBPOA is a Non Profit Corporation and incorporation protects the members from personal liability. Florida Statute 617 governing Non Profit Corporations states in section……617.0604 Liability of MEMBERS — (1) A member of a corporation is not, as such, personally liable for any act, debt, liability, or obligation of the corporation. Members cannot be financially liable. Incorporation protects against individual liability. Furthermore, the LMBPOA maintains a General Liability Insurance Policy and a Directors and Officers Insurance Policy for ALL the Association Members.