| Summary of the guidance | What is confusing is: |
|---|---|
| - Documentation is behind a password protected site for HOA residents and I am uncertain that can be directly posted so: | - Uncertain what triggered this to be unilaterally accomplished. Amended charter has a chapter 7 has no section 7.5 and this section is added. |
| - Lead in: The Founders control period has not been terminated and they desire to "unilaterally amend the charter" | - Uncertain if anyone can explain where these ENSD locations exist in the community and how an owner is expected to know they are impacted by this new guidance. -- Is this ENSD location everywhere within this community? Bah, why inform you - much more entertaining to send out direction without any clarity to the resident (right CCMC?) |
| - Amend chapter 7 with new provision - you have to get East Nassau Stewardship District (or ENSD) written approval for any actions that interferes with the ENSD use, operations, maintenance, or access rights with respect to any ENSD Drainage Easement or ENSD Access Easement" | - Uncertain how an Owner (now required the action to get written approval) is validated in any HOA (or HOA management process) downstream from this new guidance. If you have to do the DRC process then it should be asked for up front, you'd think. That probably wont happen though, you will fill out the silly two page form with no requirements defined and somewhere down the timeline you will get a DENY and RESUBMIT to learn you have this ENSD on your property. |
| - HOA Residents have responsibility to coordinate for ENSD approval to install fencing within an ENSD Drainage Easement | - You know how to get in contact with ENSD, right? I mean the process to get this approval is well understood and you know where that doorway is to start this, right? Maybe HOA Management (CCMC) has this information for you but, it is not their responsibility to support another whole sub-government agency. |
| - ENSD can enter "any portion of a Unit subject to and ENSD Drainage Easement" and "remove any improvement or obstructions" at the Owner (HOA Resident) Expense - and if there attorneys' fees - you can pay that too. So, If you are non compliant, someone will be taking actions to clear "obstruction" or "improvement" and charging you for that cost to do this | Gotta love it! Unilateral change, no education what this ENSD is, threat to impact someone in the community and they don't know they are impacted until costs and attorneys get them. Again with great considerations to the community (that PAYS FOR THIS) -- The Founders make a change and then wish you all GOOD LUCK!! Remember HOA Resident - You are the mission! You are Important! |
| "I am good enough, I am smart enough, and gosh darn it -- people like me" -- SNL Stuart Smalley |
5/2/25: I have emailed ENSD to find more guidance on this new direction
ENSD
Regarding the newly published guidance from the [Community-Masked-Name] HOA Board (attached)
Noncompliance Questions:
- Can you define what HOA [Community-Masked-Name] board guidance impacts for residents and commercial association? better defined - are there areas of this geography that you have oversight of, where there are existing conditions of non-compliance exist and residents need to be aware of (or the commercial association)?
- Can you explain how those affected residents or commercial association entities will be informed?
- Those affected are informed, do you have governance on what remediation "looks like" and will be validated for compliance?
- Does ENSD have any guidance on how conflicts are handled or education to the residents and/or affected that are in a noncompliant state (meaning, is there a governance group to communicate with?)
Future Compliance Questions
- Where are ENSD processes for residents to seek approvals as per the attached guidance directing residents to seek approval in writing?
5/8/25: I am not surprised - no response to this as of this date. will try to call them to see what happens.