Membership [Revocation] Response
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FROM: Pete Costello 621 Altura Dr. Port St. John, FL 32927 Linda McKinney
TO: Mr. Ed Warner, Chairman of the
Board Re.:Revocation of memberships August 9, 2004 Mr. Ed Warner, Your letters to Peter Costello and Linda McKinney, dated July 22, 2004, alleging revocation of their PSJHOA memberships and banishment of both, are without merit. Your actions against our membership status are petty, discriminatory and illegal. Florida State Statute 617.0601(7), the Chapter on Not For Profit organizations, states that Home Owners Corporations may not revoke memberships. Reference: Florida
Statutes, “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.” Linda McKinney and Peter Costello have abided by the "terms and conditions of membership" and are therefore "members with full rights". Your letters accuse us of “publishing the minutes of our [PSJHOA’s] last board meeting in the PSJBulletin”. Your accusation is fabricated. We neither possess nor have access to PSJHOA Board minutes. We published a brief report detailing Mr. Warner’s request to the Sheriff to have Linda McKinney ejected for taking notes. Our report described the manner in which Mr. Warner humiliated himself and disgraced the PSJHOA. Nothing prevents us from writing and publishing a report about your activities. Your letter also declared that the “Board” declined the PSJ Bulletin’s generous offer of $100.00 in prizes for children attending the National Neighborhood Nite. How petty! You only hurt the kids. Headlines should declare: “PSJHOA Board declines gifts for PSJ children!” You state in your letters that we have a “lack of regard for the rules and wishes of the board and the members”. Your accusation is wrong again. However, your actions demonstrate disregard for the law: State Statute 617, as well as the First Amendment (US Constitution; the Free Speech clause). Some of the tyrannical behavior exhibited by the PSJHOA during the incorporation battle is again showing its ugly face. Rules have been made to target those who might challenge HOA activities or viewpoints. On issues such as the proposed desalination facility and Titusville’s supposed twenty-six (26) traffic signals on Grissom Blvd, you have prematurely taken a negative position. Collection and analysis of data is not yet complete. Once again, you attempt to sway public opinion with scare tactics. It is time for the HOA to be honest and fully accountable for all of its activities. Secret meetings, discrimination, scare tactics, and arrogance do not serve our community. Persisting with these tactics and attitudes will ultimately torpedo the PSJHOA. By the authority of Florida Statute 617.0601(7), Peter Costello and Linda McKinney will attend the meeting scheduled on August 10, 2004 at the PSJ Library. Questions should be referred to our attorney, Mr. William L. Powell, of Titusville. We remain, Linda McKinney, Pete Costello, Cc: Randy Rodriguez, DJ Olson, Vicki Smith, Gay Keebler, Larry King, Bob Lewis, Greg McComas, Jay Phillips, Florida Today, Brevard Insider, PSJ Bulletin, Honorable Bob Allen, Mayor Ron Swank, Comm. Truman Scarborough, Comm. Jackie Colon, Comm. Ron Pritchard, Comm. Sue Carlson, Comm. Nancy Higgs, and William Powell, Esquire, Dan Cook, Dave McMurrin, Terrry Lane |