**Updated: 07/27/18 @ 19:25
Dan Lobeck, Esq. recently spoke at the special meeting of SEPOA (Sorrento East Property Owners Assoc.) at 7 PM on the 25th of July. SEBPOG members were there in force to listen to the presentation, concerning a topic SEBPOG members have been involved with for the past eight months. Our understanding was that Mr. Lobeck was only engaged for the session - to brief attendees on options the association may have in pursuing legal action against the new Taylor Morrison project, planned for the Sorrento East abutting land in play.
Mr. Lobeck attempted to bring folks up to speed on the situation - which he himself, seemed rather new to. No new ground was covered, which SEBPOG.ORG has not already examined in depth on our website. Mr. Lobeck explained the current pro-building nature of Sarasota County officials, and the lack of adequate avenues, available to stop or hinder the project, other than showing up in mass in county run hearings on the project. Taylor Morrison representatives were also in attendance, of particular note was Mr. Charlie Bailey, Esq. who answered some concerns raised by the audience and Mr. Lobeck. Mr. Lobeck and Mr. Bailey appeared already well engaged with the issues at hand and in negotiating solutions.
SEBPOG's leading representative (Mic Healey) explained the situation with private owner border encroachment issues regarding the Palmer Ranch owned parcel, and how some SEBPOG members have luckily had the use of some buffer land - beyond the eastern termination of their backyard property lines and up to the barb wire fencing of the Palmer Ranch owned parcel for years - at the apparent benevolent tolerance and much appreciated generosity of the property owner. He went on to explain, that SEBPOG members freely acknowledged that there is no dispute as to were their actual eastern boundaries lay - as owners in SEBPOG are on recorded lots. Further he stated that the private encroachment issues had been previously explored for legal pursuit under adverse possession and or Florida's Boundary by Acquiescence law, however - he had decided not to advance any of these options at that time, nor wished to alienate his good working relationship with contacts at Palmer Ranch. In fact, SEBPOG's representative said, SEBPOG owners were very appreciative to the property owner - that they had been allowed to use a portion of the parcel, for the amount of time they have had (now over 20 years).
Unfortunately, Mr. Lobeck seemed to think these private encroachment issues between Palmer Ranch Holdings and SEBPOG members was some key leverage option for SEPOA... SEBPOG clearly states here that such issues are - private issues between themselves and Palmer Ranch, and will be settled as such without any need for SEPOA's interference or unsolicited legal counsel. These matters are of no concern to SEPOA, and will not be made "fodder" for litigating delaying tactics or other leverage against the advancement of the development. Since the ownership of the parcel in play is still currently with Palmer Ranch, the Taylor Morrison project will not be a factor in these simple encroachment issues being resolved well prior to conveyance of the land to the developer.
[ Following the meeting and in follow-up private engagements with SEPOA leadership, SEBPOG was shocked to learn that Mr. Lobeck, had not just simply been engaged by the board (at cost) - to speak at the meeting, but was rather already fully retained as the association's full compensated legal representative "...thru the negotiations with TM and the County". ] ** (see update regarding this below)
At this point - SEBPOG felt the need to submit the following statement to SEPOA leadership.
SEBPOG / SEBPOG.ORG Statement to SEPOA of July 26th 2018
As per the ByLaws of Sorrento East Property Owners Association, Inc., Revised: November 4th, 2004, Article III (entitled) Purposes, Section A. (ref. below in Item B):
We, who are within the voluntary homeowners organization known as: Sorrento East Property Owners Association, Inc. (a.k.a. SEPOA), and who, are also currently - “Full Active SEBPOG Members” (as defined within our documentation) of the group / informal organization known as: SEBPOG and or SEBPOG.ORG - put forth that any continued compensated legal counsel and or retention there of - to be put forth, maintained, or proposed by SEPOA - in the specific matters of: “Buffer Zone Design” and or any and all private “Encroachment Issues”, existing or having existed between SEBPOG owners and Palmer Ranch Holding, Ltd. (McCann Holdings, Ltd.) - pertaining directly and or indirectly to: the new Taylor Morrison development planned for the parcel bordering the eastern properties in Sorrento East - is currently: NOT in our “mutual benefit” (see Item: A below) - as we have been exclusively engaged in this matter directly with the current property owner McCann Holdings, Ltd., Taylor Morrison and or their agents, and or Sarasota county local officials for several months.
Thus, we put forth that any such continuance of compensated unsolicited new intermediary legal assistance (in regards to the above said matters), works directly against our current open, productive, and highly beneficial working relationships with these contacts at this time of delicate negotiations. As such - we will not support, accept, endorse, and nor will supply with information, and or contribute in any way, in any and all further compensated unwarranted unnecessary unwanted legal assistance or inquiries, brought forth by SEPOA and or their legal agents in the above matter as delineated.
It is our endorsed legal understanding of the current Association bylaws - as clearly written and referenced below - that no further legal involvement may be contracted, initiated, or maintained at this time, in the above specific matters - without our (SEBPOG’s) explicit and or expressed endorsement - to which we now emphatically withhold in the strongest terms.
Finally, should this, the above, prove insufficient, any SEBPOG members having remaining “encroachment issues” shall immediately voluntarily resigned from membership in Sorrento East Property Owners Association (SEPOA) for the duration of time as necessary, in which such action or compensated legal counsel is or pursued or contemplated by the board, and or its president and agents.
Item A:
Ref: Legal Understanding of the term: mutual (i.e. - binding to both parties)adj., adv. referring to anything in which both parties have reciprocal rights, understanding or agreement.
Item B:
BYLAWS of SORRENTO EAST PROPERTY OWNERS ASSOCIATION, INC.
Revised: November 4th 2004
ARTICLE III PURPOSES
The purposes for which this Association is organized are:
Maintain liaison with governmental and franchised activities to represent the interests of Sorrento East in matters relating to public services and utilities, environmental health and safety, zoning, etc., and to ensure continuing improvements for the mutual benefit of Association members.
Respectfully submitted to S.E.P.O.A. president: Bob Handley 07/26/18
** We have just concluded a new two hour update meeting with SEPOA's leadership and we feel - we are so blessed to have such a truly outstandingly intelligent and caring president as Mr. Bob Hanley , who is a gentleman and an excellent highly intelligent communicator! We are happy to announce we have a new refinement on the utilization of Mr. Lobeck's services by SEPOA:
"He will only be used as needed, and will be billing SEPOA hourly for services".
He will be instructed by SEPOA to "back off" initiating and or interfering with any and all SEBPOG's private encroachment issues, and border property buffer design negotiations, now underway between SEBPOG & TM - as per the SEPOA president.
With the above in mind, and with no compromise in the above SEBPOG Statement, SEBPOG leadership is delighted to continue to work and communicate closely with SEPOA current's leadership, exclusively - towards the best independent mutually beneficial futures for both organization's members concerns.
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