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The September 5, 2009
General Meeting may be the most important election this
community has ever seen.
Three new candidates are running for the board. They are doing
this for the community to finally see that open and
transparent governing takes place.
To finally see the budget process open to the community and end
the runaway dues increases.
Vote for:
Frank Vodraska
Sal Antonelli
Kay McCarvill
Dean Hansen has provided the perfect example for why we need change on the board.
The board has denied bi-partisan participation in the election.
The three candidates did not ask to run the election.
That is indeed the board secretary and board’s job.
Click here to see
S. Antonelli candidates’ request to President D. Hansen to
be part of voting process
The three candidates asked to have members they know to be part of the ballot
counting process; to receive before hand a verification count of the proxies
accepted at cutoff time on Friday, to have members stand at the sign-in table
Saturday, 9/5/09
The Reason - To ask the
Board Secretary to give the proxy total and the total signed-in voting members
BEFORE THE VOTING
The Response:
Click here for Dean Hansen’s denial letter,
with our responses to his points
Hansen writes “he will choose people to count.”
No one else will see the count!!
“the secretary
will process the proxies”
no one else will know how many proxies but the board
The board has volunteers at the sign-in table.
No one else
No one will know the number of people eligible to vote before voting (except the board)
No one will know the number of proxies accepted before the vote (except
the board)
No one can
help count the votes (only
board picked volunteers)
You, the members, will find out after the vote --
then the board will let you know afterward.
The three NEW candidates will have no one to help
with the process.
The three incumbents (board members) will
be part of the voting process and know how many proxies & number of voting
members before and at meeting.
THIS RAISES QUESTIONS!
If we give the Board the Benefit of the
Doubt (like we have a choice!), why won't they extend the same
courtesy to members?
Nine months after the board billed the members
they will now tell you what the salaries are.
Make sure you ask what all the added benefits
amount to, such as telephone, insurance, refunds, etc.
THE CLOCK IS TICKING
THE OBYC BOARD IS REQUIRED TO SCHEDULE A SPECIAL MEETING FOR
MEMBERSHIP TO VOTE ON BY-LAW CHANGES.
ON JUNE 13, 2009 THE MEMBERSHIP PRESENTED 91 MEMBER
SIGNATURES TO PETITION A SPECIAL MEETING TO BE HELD
WITHIN 45 DAYS.
***THE DATE IS TUESDAY, JULY 28TH --- THE
BOARD SHOULD SCHEDULE SPECIAL MEETING ON SATURDAY, JULY 25, 2009
FOR MOST MEMBERS TO ATTEND AND VOTE THEIR OWN BY-LAW CHANGES.
***
The proposed changes,
for separate vote, will update the By-Laws in
this way:
1.
Board Term
currently a 3 year term
proposed
2 years
currently 3 members elected each year
proposed 4 & 5 board members elected alternate
years
2. Audio
Recording All Meetings
currently secretary only keeps manual record
proposed manual and audio record
puts board on best behavior & keeps accurate record
Denying an audio record could jeopardize the secretary, all
facts of the minutes rely on the secretary. The secretary has
only hearing & memory to rely on. That is not 100% accuracy.
Anyone doing that job is glad to have a reference of 100%
accuracy.
WHY ARE THEY AFRAID OF AN ACCURATE
RECORDED RECORD?
3.
Proposed Budget
currently – OBYC Board makes their own budget, votes on
their own budget and members are then billed
proposed - members receive proposed budget 2 weeks
before general meeting in fall.
Members vote on proposed budget after full discussion
at fall meeting.
A line item budget with salaries & reserves broken out.
MEMBERS VOTE ON PROPOSED BUDGET!
MEMBERS VOTE ON ANY CHANGE IN DUES!
4. Changes in the Rules &
Regulations
currently OBYC Board makes changes at any time
without members being informed until after Board approves their
own Rules & Regulation changes
proposed --
Rules & Regulations will be changed (2) two times a year
Members will be notified before general meetings. Discussion to
take place at general mtg. before members vote on changes.
MEMBERS OF OBYC, UNIT 2 WILL
RECEIVE NOTICE OF THE SPECIAL MEETING TWO WEEKS BEFORE
THE
MEETING, BY JULY 14TH. THE NOTICE WILL CONTAIN THE
FOLLOWING BY-LAW CHANGES:
Click here to see the proposed changes to the By-Laws
- Note, you can easily print this document!
91 Club Members signed the petition
for a Special Meeting to vote for By-Law changes. OBYC Club
Members want...
THE BOARD
OF GOVERNORS TO RECOGNIZE
THEIR RESPONSIBILITY
TO HONOR
THE SIGNED PETITION
TO ACT IN
ACCORDANCE WITH THE CLUB’S CURRENT BY-LAWS
50 member signatures are
required for petition
91 members signed the
petition
more members wished to sign
but were not at OB 2 before 6/13/09 General Mtg
WHY IS THE BOARD OPPOSED TO AUDIO
RECORDING?
WHY ARE THEY AFRAID OF AN ACCURATE RECORDED
RECORD?
Is this why?
PRESIDENT HANSEN SPENT A GOOD PART
OF THE MEETING TALKING ABOUT THE VARIOUS LAWSUITS.
SOME OF HIS INACCURATE STATEMENTS NEED
COMMENT:
IN THE MC BRIDE
CASE HE STATED JUDGE SAID “NO SECOND STORY”
NOT TRUE!
THE
RECORDED TRIAL MINUTES WILL SHOW - JUDGE NEVER SAID THAT.
McBride case was
not about a second story - it never was!
There is no 2nd level
restriction in our deeds
“BIG WIN” IN MC BRIDE
CASE”
NOT TRUE – MC
BRIDES ARE BUILDING AS THEY WANTED!!
ALSO - EVEN
THE BOARD’S ATTORNEY STATED OBYC “LOST”!!
“NO ONE HERE WAS ON
BOARD AT TIME LEADING TO THESE
LAWSUITS”
NOT TRUE!!
PORT PORTER –
18 YEARS & HE’S RUNNING AGAIN IN SEPTEMBER.
CHARLOTTE
FLOHL – 9 YEARS
BRUCE ANDERSEN
– 9 YEARS
PRESIDENT DEAN
HANSEN – ON BOARD SINCE THE MC BRIDE’S CASE BEGAN
“NO CORNER LOTS”
THEN WHY DID
THE BOARD USE IT, SAYING BOTH YES & NO AS THEY WISHED IN THE MC
BRIDE CASE?
PRESIDENT HANSEN NEGLECTED TO MENTION:
$3,000,000
DEFAMATION LAWSUIT
PRESIDENT HANSEN AND TREASURER
O’LEARY SIGNED THE NEWSLETTER SENT TO THE COMMUNITY DISCLOSING
PRIVATE INFORMATION; LITIGANTS NAMES, ADDRESSES AND TELEPHONE
NUMBERS.
THE PRESIDENT AND TREASURER TOLD
MEMBERS TO CALL LITIGANTS AND COMPLAIN.
This
newsletter, in fact is irresponsible and shows a lack of
management skills.
This
newsletter, in fact shows the need for By-Law changes to give
community members greater visibility into the board’s governing
actions.
This
newsletter, in fact shows the 60+ year old By-Laws have allowed
Board actions which have led to the many lawsuits.
This
newsletter, in fact, shows why Unit II dues are far greater than
our surrounding communities.
A PROPOSED
BUDGET sent to the community and voted on by the community will
make the Governing Board more responsible to the membership.
The membership will vote on any dues increase
On a very
positive note:
The Board of Governor did not close the meeting early or
cut off any members who wanted to comment.
The Board did allow many members comments, including questions
regarding the budget and the budget process, including questions
allowing members to vote on club’s budget. And members
questioned various items in the budget. There were also
questions on the comment to “update” the by-laws.
Toms River Twp. Chief of Police gave an excellent presentation
stating there will be different departments interacting to
maintain the beach safety over the busy summer season.
And a traffic count was taken on W. Chadwick & he reported that
there was no problem with speeding.
However, we hope they will also take into account the number
of cars east and west & types of vehicles, including large sized
trucks. The problem arises from the one-way street, W. Sea
forcing a great deal of traffic to the next street, W. Chadwick.
The
club’s minutes for this meeting should reflect the president’s
inaccuracies as well as the member’s comments.
Click here for news
regarding OBYC lawsuit decision - June 2009
WE’RE ALL AWARE THAT OUR NEW
ASSESSMENTS WILL RESULT IN EXTREME AND EXORBITANT INCREASES IN
OUR TAXES.
ARE YOU AWARE THE RE-EVALUATION
COMPANY HAS ASSESSED YOUR RESTRICTED LAND THE SAME AS A
NON-RESTRICTED TWO-STORY LOT?
Most
Importantly
Are you aware that your OBYC
II Board of Governors have communicated with the township
planner to restrict our building rights?
The OBYC II Board
has not
informed the community of the following:
The Master Plan for the
Barrier Island now before the township planning board.
This plan will further restrict and de-value your property in
Ocean Beach Unit II!
Write to the Township Mayor,
Planning Board, and Township Planner, Jay Lynch.
Tell them this is "Selective
Zoning" since this pertains to OUR COMMUNITY AND NOT TO
SURROUNDING COMMUNITIES!
The website address is:
TownshipOfDover.com
View the Master Plan on the
township website to see the restrictions.
A
SMALL GROUP FINALLY RECEIVED LEGAL ACCESS TO REVIEW CLUB
RECORDS. THIS TOOK PLACE FRIDAY, FEBRUARY 6, 2009 AFTER
MANY REQUESTS FOR ALMOST TWO YEARS. THE BOARD TRIED TO
RESTRICT WHAT COULD BE SEEN AND IS STILL RESTRICTING ACCESS
TO FINANCIAL RECORDS. WE WILL INSPECT THE FINANCIAL RECORDS
AND REVIEW AND REPORT ON THIS WEBSITE.
SUCH
QUESTIONS AS SALARIES, NUMBERS OF EMPLOYEES, RESERVE FUNDS
ALLOCATED TO DIFFERENT AREAS, AND A DRAMATIC INCREASE IN SALARY
AMOUNTS NOTED IN BUDGET WILL BE IDENTIFIED.
The board and club attorney have stated “no new 2 story
houses in 40 years” have been built in our community
Former Board Member & current Beach Manager Pat Daley & another
former Board Member, and past Improvement Chairman J. O’Reilly
testified at a Twp. Board of Adjustment meeting in favor of the
Rothery house on Marine Road. The township states “was raised
and reconstructed as a two story dwelling” and Pat Daley
testified for the Rotherys and stated “it would be a hardship if
they didn’t finish before cutoff date” and O’Reilly stating
“construction was an improvement to the community.” The
Rothery house is listed on township roles as a verified 2 story
house.
Still another member testified “he has no objections to this
application”. This member has a Township verified 2 story
house.
And another member stated at this meeting that he had no
objection.
See this link for a copy of
the minutes of this meeting:
Link to
Board of Adjustment Minutes
In Board Attorney Donato’s recent certification to Ocean
County Judge Buczynski; our Beach Manager, Pat Daley, said a
house, currently being built on Harbor Drive, “should be
built at 28’”
Mr. Daley speaks for the community when these statements are
made before the township and in legal documents to the court.
Why are some people granted permission and approved by the board
and P. Daley, and developer, while others have been denied?
CLICK
HERE FOR ATTORNEY T. MC KINNEY'S LETTER TO THE MEMBERS OF OCEAN
BEACH II
So based on this FALSE and MISLEADING
"Newsletter" that was sent by the board, the following
letter was sent to the OBYC Board. Some lines from
these
letters are quite telling and set the record straight...
"Enough is
enough. This action is thoroughly disgraceful and will not be
tolerated. "
"Additionally, the attachment to the
Newsletter talks about “Ongoing Lawsuits Brought Prior to
Late 2008” which is false and known to be false by you and
your client! My clients’ suit was settled on June 30, 2008!"
Fellow Members of OBYC - do you think it is
appropriate for a Board of "Governors" to act so foolishly and
childishly as to make completely false claims and try to make it
seem like our Concerned Members group is the reason for such a
HUGE increase in dues? Perhaps the increase is due to the
complete and utter negligence of people that have been given
power that they believe is their right...Perhaps they should
turn their attention to themselves and consider that it is a
privilege to serve their fellow members...
For those of you that have been under the
FALSE impression that the Concerned Members Group is costing you
money, the facts are presented here...it is NOT the Concerned
Members Group - it is the FOOLISH actions of the Board Members
that are bringing your dues up!
Read through these two letters below...
Letter to the Board
from Attorney Englehart to Board Attorney Donato
Letter from McKinney's Attorney to Board Attorney Donato
The following documents outline a
settlement entered into by both the OBYC and Dr. & Mrs.
McKinney. The pertinent part of this settlement provides
that the McKinney's had to remove a structure to comply with
height requirements. In this settlement, it also says that
if another house in the development gets approval to bypass
height restrictions, then the McKinney's can apply for a similar
approval. Well, as it turns out, another house owned by
Mr. & Mrs. Chiti was approved for a height that is 3' OVER the
height restriction!!!
McKinney/OBYC Stipulation of Settlement
Consequent Verified Complaint Filed
Click here for the latest update -
A Letter to Judge
Buczynski to set the
record straight and to reaffirm the fact that "Facts are Facts"
- not fiction as often stated by the Board and Ms. Donato
When the Concerned Members formed
as a group they heard talk about possible “retribution”. There
have been incidents and even written words that could be
construed as “intimidation”. Nevertheless the Concerned
Members have questioned The OBYC Board time and again, by
certified letters and attendance at Board Meetings, requesting
Board minutes, breakdown of budgets, (attorney fees, salary
totals), requests to have the Board Meeting agenda and minutes
posted to OBYC website. The club’s original certificate of
incorporation and minutes of 2003 general meeting were granted,
and only the general budget information which is mailed to
community.
The Board’s secretary, Charlotte
Flohl has been very respectful to the Concerned Members and we
appreciate her help. With attendance at Board Meeting it is
easy to see and also realize all the volunteers who do work very
hard for our community and we thank them all.
The charts
above show information about Ocean Beach Unit I and Unit III,
our nearby neighbors. Here's a quick summary of the
structure of their boards and budgetary process...
open
budget meetings, their line item budgets give a great deal of
detail in their budgets
members
vote on budget at general meeting and
when
members have a question on the line
item budget proposed, they are given an explanation of each
item.
Salaries
are on their line item budgets and are broken out into the ocean
beach personnel, bay beach personnel, office personnel,
clubhouse personnel, as well as badge personnel salaries, and
police.
At one
meeting a member asked what the head
lifeguard salary is and the board gave the amount.
Their
meetings are recorded. No one on the
board then has to say, “I didn’t hear that.”
in both
units 1 and 3 - 50% or more of the
board members are up for election each year.
In our
development, Unit 2, only 1/3rd of the board is up for
re-election each year, making it easier to retain the board's
"Clique".
The chart shows transparency in OB
1 & 3 boards. If the membership is displeased with the board it
has an opportunity to overturn a large percentage of the board
each year.
The end result shows fewer
lawsuits, low budget items for legal fees and most importantly,
much lower dues than OB II.
in 2009 - OB 1 dues are $400.00
in 2009 - OB 3 dues are $360.00 OB 3 is twice the size
of our unit, they take care of all their roads, their beach is
larger with more lifeguards and salaries!
And then we have...
In 2006 OB
II dues/reserves were $448.00
In 2009 OB II
dues are $575.00
On 8/30/08 at General Meeting, P. Porter, at start of meeting,
put blame on others for the problems the Board is encountering.
However, in 2006 there was ONE LAWSUIT and the Concerned Members
were not in existence, and the Board was “pumping up the legal
warchest.” with the reserves.
On November
1, 2008 the OB II Board will meet and the membership was
locked out of our clubhouse, because our club’s budget is done
behind locked doors.
The line item
proposed budget OB 1 & 2; which members receive in the mail
prior to their General Meeting, has twice the detailed
line items than OB II.
The OB
II Board approves their own budget. The
membership receives the news and billing in the mail after all
is done.
These are trying financial times
and our board thinks we are mushrooms; they keep us in the dark
and feed us -------------!
Apparently the OB II Board feels the membership has Deep
Pockets.
We have a new president,
Dean Hansen. Mr. Hansen replaced Port Porter as the Club’s
President, who held that job for 12 years. It is disappointing
that these changes took place without anyone knowing it. Mr.
Porter retains his membership on Board as he has for almost
18 years.
By-Law changes needed
OB II
has nine Board Members – 5 and 4 Board Members should be elected
each alternate year
Term
limits for the Board President
Now the
By-Laws give full control, behind closed doors, for Board
President to have changes made in Rules & Regulations.
The
By-Laws need change so the membership will be informed of
any contemplated changes to Rules & Regulations, and a list of
the proposed changes be sent to members by newsletter and
implemented only after a question & answer period, then with a
member vote at a General Membership Meeting.
No changes can be made without community informed; with member’s
questions and concerns answered at the open General Meeting and
only at that time a final vote of the members take place.
Minutes of all meetings recorded for accuracy and full
transparency.
The board will hold an open budget meeting, which is now
required in By-Laws, The present Board keeps budget meeting
closed in violation of By-Laws.
A
line item budget, with all categories in budget listed. The
proposed budget sent to membership by newsletter, at least 2
weeks in advance of 2nd general meeting.
After question and answer period the membership will vote on
proposed budget. Voting to take place at general meeting.
 
DO YOU KNOW THIS HOUSE?
YOU MAY SAY IT CANNOT BE OCEAN
BEACH II !!
IT HAS A SECOND STORY AND LIVING SPACE OVER LIVING SPACE!!
GUESS WHAT?
THIS IS: 226 MELODY LANE
 
DO YOU KNOW THIS HOUSE?
YOU MAY SAY IT’S NOT OCEAN BEACH
II BECAUSE THERE IS A SECOND STORY, LIVING SPACE OVER LIVING
SPACE.
GUESS WHAT AGAIN?
THIS IS: 234 MELODY LANE
But you say we can’t have two
story houses in Ocean Beach II, IT IS IN THE CLUB’S BY-LAWS!
MELODY LANE HAS A DEED
RESTRICTION...NO LIVING SPACE OVER LIVING SPACE.
MELODY
LANE IS THE ONLY STREET IN OCEAN BEACH II WITH THIS DEED
RESTRICTION.
THE DEVELOPER APPROVES
CONSTRUCTION.
THE
CLUB PRESIDENT AND BOARD OF GOVERNORS APPROVE
CONSTRUCTION.
THE BOARD OF GOVERNORS ARE
SUPPOSED TO INSPECT HOUSES.
SAY—ISN’T
THIS WHERE PRESIDENT PORT PORTER LIVES? AND DOESN’T HE LIVE
THERE YEAR ROUND? AND-- HE HAS BEEN PRESIDENT FOR 12 YEARS AND
ON THE BOARD FOR 15 YEARS.
The Concerned
Members have printed confirmation from the Toms River Township
Offices, that there are
five houses in
Ocean Beach II that are listed as 2 STORY dwellings. All houses
were constructed, or modified within the past 15 years.
All five houses are within sight of Ex-President Port Porter’s own
house.
If anyone has any doubt we shall be
glad to give the addresses and block and lot numbers. They
can then be verified by Toms River Township.
THERE ARE SOME 13 HOUSES ON
MELODY LANE WITH APPARENT 2ND LEVEL, LIVING OVER
LIVING SPACE.
WHO
BENEFITS FROM THIS FAVORITISM?
RECORDED
MEETINGS (COMMUNITIES DO IT!)
FOR A PERMANENT
CLUB RECORD
When the subject of
recording each meeting was discussed at the June 7, 2008 open
meeting, the Board of Governors Secretary, and Board Member,
Charlotte Flohl, stated her qualifications and her preference to
take her own notes.
Charlotte has been a very
conscientious and hard worker for this community. If she so
chooses to keep her own notes that is certainly understandable.
However, Town meetings, and
Town board meetings and County meetings are recorded and made
available for citizen’s use. A recording of a meeting leaves no
question for a board member, or secretary’s notes, and is as a
complete and accurate reference.
Meetings are more likely to
be run smoothly as per Roberts Rules of Order, and in addition
any legal issue can be settled more accurately with recorded
accuracy.
The Community has a right
to have club records kept open and complete and easily available
to members.
The Concerned Members have
repeatedly asked that minutes of all board meetings be posted to
the website the community uses. We are pleased to see some
of the monthly board minutes posted.
We look forward to a
complete update on the website, including the bi-monthly summer
board meetings.
Community members can then
be informed and ask questions they may have about what business
the board conducted at the meetings.
Items below - posted May
28, 2008 and earlier...
Our recent finding in the McBride
litigation prompted a letter to the community.
The following links show several
documents, the first of which is an all-important Certification
document.
President Porter’s Certification April 28, 2008
Court Document – Signed by President Porter
In it, statements #26, #27, & #28
show...
President Porter denied there was a "corner lot rule" -
he now states
"flexibility" for corner lots...
President Porter now advises an owner of a corner lot has the
ability to choose either street as an address...
This document now verifies the exceptions allowed "corner lots".
The following links show several
documents showing President Porter and the OBYC's Board
Statements denying exceptions for "corner lots"
President Porter’s June, 2006 letter to McBride (click to view)
OBYC Board Member Responses - INTERROGATORIES
July 7, 2007 (click to view)
When reading these documents you
may now understand why the Board Members didn’t want the
community informed. Community Members should know what is in
the Rules & Regulations, and any secret kept by the Board is not
acceptable, both as a Community Member and US Citizen.
The Concerned Members have
retained an attorney and have several attorneys who are
advisors. If a Community Member has rebuilt a home on a corner
lot and the OBYC Board Members never informed you that you were
entitled to certain “exceptions” you can enlist aid for legal
actions. Please contact us at
info@ob2concerns.org
If you have a non-corner lot and
see these exceptions devalue your property and violate the
Community By-Laws and would like to see change in By-Laws and
Rules & Regulation contact us at
info@ob2concerns.org
Taken from Article 1 Certificate
of Incorporation Ocean Beach Yacht Club By-Law...
(f)
In general, to do
all things and perform all functions for which authority is
given by the Legislature of the State of New Jersey under and by
virtue of the Act of the Legislature “Corporations and
Associations Not for Profit” (Title 15 of the Revised Statues of
1937, N.J.S.A. Title 15)
N.J.S.A. Title 15: DOES NOT GIVE THE CLUB THE RIGHT TO
ZONE.
ONLY TOMS RIVER TOWNSHIP HAS
THE LEGAL ZONING AUTHORITY GRANTED BY THE STATE OF NJ.
Because the OBYC Board of
Directors has been involved in construction issues it has led to
litigation and it is has affected all of us in our community.
The OBYC Board of Directors have
acted like the community has unlimited deep pockets by
dramatically increasing the community “LEGAL EXPENSE WAR CHEST”
reserves (OBYC Board meeting minutes Treasurers Report, June 2,
2007). This has resulted in a greater increase in our Dues and
Reserves.
We are now asked to approve
Indemnification Insurance for the Board Members to protect them
from personal responsibility for any of their actions.
In the past we were billed only
Dues
Several years ago it became -
Dues w/a $ amount & Reserves w/a $ amount
We are now billed each year for -
Dues/Reserves
A simple question—how much are the DUES, how much are the
RESERVES?
The reserves
in OBYC are far greater than other nearby beach communities
(even larger communities!)
We are requesting these items be
put on the AGENDA for the next General Meeting.
These items are being proposed
for discussion only!
TERM LIMITS
Carroll Porter was our
Board President for 12 years - he is now on the board in another
capacity -- litigation has been a large
problem in those 12 years w/further lawsuits on horizon.
Our country put checks and balances in place, one of those being
term limits - shouldn't our community follow suit?
PRESIDENTIAL POWERS OVER RULES & REGULATIONS
The Board President controls
the Rules & Regulations by choosing committees who report back
to that same Board & it’s President for approval. This
circular committee approval process is flawed. Control
over Rules and Regulations is too centralized with favoritism,
even retribution, all too likely.
Is it time for a separate committee to review the By-Laws &
Rules & Regulations?
ALL CONSTRUCTION ISSUES TO BE HANDLED
BY TOMS RIVER TOWNSHIP
The Township of Toms River has the legal authority and the means
to dictate what should and should not be allowed in their
jurisdiction.
VOTING PROCEDURES
Votes are now counted by the OBYC Board. Discussion
should first take place at open meetings as well as allowing
absentee voting by mail. Votes should be counted not just
by board members. Proposal - open votes with two board
members present and two community members present.
CORNER LOT Rules -
RULES & REGULATIONS
When and Who decided Corner Lots had different building rights
then non-corner lots since 1957?Why
weren’t the community members informed?
How many corner lot property owners never knew of this rule?
NUMBER OF BADGES
ALLOWED
When did certain houses receive more than 8 badges (up to 12) at
no extra cost?
THE DISCLAIMER ON
WEBSITE USED BY OBYC COMMUNITY
On the website Members area (By Laws, Rules & Regulations) –
explain the reason for the disclaimer and changes we may not
see. The following is from the OBYC Website...
"The above documents may be updated as needed,
and therefore, these may not be the most current versions.
Before basing any decisions or opinions on these documents,
you should contact the Board of Governors to confirm or
acquire the most recent versions."
THE BOARD STATED THAT
THEY WOULD POST ALL THE BOARD’S MONTHLY AGENDAS AND MINUTES TO
WEBSITE USED BY OBYC COMMUNITY.
THIS IS NOT BEING KEPT UP TO DATE.
For several months,
the Concerned Members have requested the agendas and minutes of
meetings be posted as soon as they were approved for greater
communication and openness with the community. Nothing has
been posted.
Did you hear about the $3,000,000.00 Lawsuit against OBYC and
the Board of Directors?
View OBYC
Approved Plans For McKinney Showing Person On Roof...
OBYC Board Attorney, M. Donato Handling Counter Suit at Cost to
Community
Click Here For Full McKinney
Information including Complaints, Plans, Counter-Law Suit
Information
Updated with latest correspondence, an Answer filed by OBYC
Some Facts...
The Club insurance company attorney will cover the Dr. and Mrs.
McKinney lawsuit against OBYC.
Attorney Michelle Donato, Attorney for OBYC Board, filed the
counter-lawsuit for OBYC against Dr. and Mrs. McKinney.
The OBYC II Board Attorney is paid from the Reserve fund “legal
expense war chest.” (quote: the Treasurers Report June 2,
2007 – minutes approved 7-14-07)
THE BOARD WAS IN RECEIPT OF THE MCKINNEY LAWSUIT FOR MORE THAN
60 DAYS.
THE CONCERNED MEMBERS REPORTED THE McKINNEY LAWSUIT TO THE
COMMUNITY.
Both lawsuits are on the OB2 Concerns website for full, complete
information. The plans for the McKinney’s house, with approvals
by OBYC, are on the OB2Concerns website for all to see.
Click here to see the letter that we
sent to the OBYC Board of Governor's.
The Reserve fund has increased from
$49,992 in 2003
to
$144,160 in 2007!
The two current litigations stem from: CONSTRUCTION OF HOMES.
ONE WITH APPROVAL FROM OCEAN BEACH II
ONE SEEKING APPROVAL TO BUILD WITH THE SAME SETBACKS AS
HOUSES NEXT TO OWNER.
Currently the club has club members who are on the board and
committees made up of those same members make changes to Rules &
Regulations. There is no input asked of you - you are entitled
to an opinion as this is YOUR club, isn't it?
When a Club regulates construction for their own club
members that leads to favoritism.
Toms River Township should regulate all construction in Unit
II. The community pays for these provisions in our property
taxes!
The two entities need not regulate the same area, which has led
to
OVER-REGULATION
AND MORE EXPOSURE TO LITIGATION.
Remove this problem area and it would mean more reasonable dues.
Remove this problem area and we won't have to fund the "Legal
War Chest" reserves each year with our dues!
The Reserve fund has increased from
$49,992 in 2003
to
$144,160 in 2007!
Regarding erroneous information on the OBYC Website...
As you are probably aware, The OBYC Board is responsible for
community related information. The OBYC Website is the
community's way to find out information such as something as
important as, perhaps, a $3,000,000 lawsuit.
Board member Dean Hansen, apparently did not check the lawsuit
information that his own board has, or this website for the
facts, for he could not have possibly made the incorrect
statement regarding the board attorney M. Donato, who filed
their own lawsuit against the McKinney's.
As you may also know, The Concerned Members sent a postcard to
all community members.
According to Board Member Dean Hansen, the author of the OBYC
Website, he states:
"Have you received a postcard from Ken Nisch regarding a
$3,000,000 lawsuit?"
Click here to see Dean Hansen's
comments in full
Mr. Hansen posted this information without even checking who
sent the postcard...
Mr. Hansen is up for re-election and the community should
question his naming a member of the community on the OBYC
Community website without any research to the facts and
potentially exposing the community to further litigation.
Should someone who is this careless with community
responsibilities be considered for a position on the OBYC Board?
Here is Ken Nisch's letter to the
board requesting several things, including immediate removal of
his name from the erroneous article on the OB2.org website.
A Proposal...
An OVERALL COMMUNITY PLAN with community agreed to preferred
plans with reasonable height & several models shown can be
considered.
An impartial and full discussion period should be on agendas
FOR JUNE MEETING and SEPTEMBER MEETING.
All sides can be heard with complete, open information.
OBYC Board of Governors agenda should be sent by newsletter to
all the OBII community and posted on Community website.
An impartial and full discussion period for a community planner
should be included.
About Ocean Beach Yacht Club
OBYC II is known as Ocean Beach Yacht Club
in Dover Township, NJ. Some people call it by the shorter
"OB2" or "OBYC 2". It is located north of Lavallette, NJ
and South of Mantoloking, NJ.
Ocean Beach 2 stretches from the Barnegat Bay to the Atlantic
Ocean, and the nice thing is that you can walk to both!
Click here for information
about the Concerned Members Group.
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