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What Happened at the August 10th [2004]  HOA Meeting

The photo above says it all. The PSJHOA decided to limit attendance at the meeting to members only. Peter Costello (a member in good standing according to Florida Statute Chapter 617.0601 paragraph 7) politely attempted to gain entrance but was denied entrance by Mrs. Dezendorf. Others arrived and tried to gain entry, but were also denied. Linda McKinney (a member in good standing according to Florida Statute Chapter 617.0601 paragraph 7) arrived late due to being at the County Commission Board meeting, and tried to gain entry, but the door was already locked and the sign posted.

The PSJHOA is a Not for Profit Florida Corporation as evidenced by their most recent corporate filing with the State and by the following scan taken directly from a copy of their Articles of Incorporation:



The undersigned subscribers to these Articles of Incorporation, each a natural person, competent to contract, hereby associate themselves together to form a corporation, not for profit, pursuant to the laws of the state of Florida, under the following charter:


The name of this corporation shall be: Port Saint John Home Owners Association Inc., whose initial registered office is 260 Manth Ave. Port Saint John, Brevard County, Florida.


 They are under the jurisdiction of all Florida State Laws; including:

Florida State Statutes,
Not For Profit Corporations
Chapter 617.0601(7)

 “Where the articles of incorporation expressly limit membership in the corporation to property owners within specific measurable geographic boundaries and where the corporation has been formed for the benefit of all of those property owners, no such property owner shall be denied membership, provided that such property owner once admitted to membership, shall comply with the terms and conditions of membership. Any bylaws, rules, or other regulations to the contrary are deemed void and any persons excluded from membership by such bylaws, rules, or other regulations are deemed members with full rights, including the right, by the majority, or as otherwise provided in the articles of incorporation, to call for a meeting of the membership.”


We believe the PSJHOA is in violation of its own Articles of Incorporation as well as the Florida Law regarding membership. In anticipation that they will soon recognize their obligation to function in compliance with the law; the PSJ Bulletin will refrain from further comment until Sunday August 15, 2004.  Because of Hurricane Charley the original deadline is extended to Saturday August 21st.  We look forward to hearing from the PSJHOA.

PSJ History/Bulletin Editor's Note: From what I understand all Brevard County Libraries have a policy in which if you haven't paid to rent the room, then all meetings of all organizations, clubs, associations, etc., are open to the general public and anyone who wishes to attend may walk right in and stay for the whole meeting. So this lock out broke several laws as well as Library policy. The librarians should have enforced Brevard County policy but several Library Advisory Board members were also involved in locking people out of the meeting. As Library Advisory Board members, they should have been well acquainted with the rules of meeting room use. So it looks to me as if they broke the rules intentionally and the library did nothing about it.