ROBERT J. ELLIOTT
ATTORNEY AT LAW
60 SOUTH RIVER STREET
TELEPHONE: (608) 756-1303
ROSCOE GRIMM (1906-1975)
ROBERT J. ELLIOTT
The Board of Directors
Route 4, Box 161
Re: Rock River Leisure Estates Improvement Permit
(001) Dear Members of the Board of Directors,
(002) My feeling regarding the past actions by the Board of Directors should be of record.
(003) When the board tried to handle the situation and ban mopeds and motorcycles from the park, I objected and said that the past actions of the Board were invalid.
(004) I stated my reasons and I again will state my position.
(005) It is as follows:
(006) 1. That the Declarations of Covenants and Rules for Wisconsin's Rock River Leisure Estates made no provisions for setting up committees such as the architectural and rules committee.
(007) 2. In tallying the votes, each lot no matter how many owners, was to be considered and counted as one vote.
(008) 3. Under Article III Section 3 at page 7 of the original declarations, the Board of Directors was only given the power "to prescribe other reasonable regulations for protection and preservation of the Common properties".
(009) Article I at (e) described common properties.
(010) 4. Article V Section 1 sets forth the covenants relating to all lots.
(011) Storage sheds that would be capable of storing boats, etc. were noted at (i).
(012) 5. Covenants and rules can only be changed as set forth in the restrictions.
(013) Article V Section 1 (q) at page 11 of rules, stated that covenants may be added to or removed from this Declaration by a three-fourths vote of the membership of the association and rules by a two-thirds vote.
(014) This is two-thirds and three-fourths of the total lots.
(015) Not just those present at annual meetings or at the meetings of the Board of Directors.
(016) 6. The Declarations set forth the representation on the Board of Directors.
(017) In 1982 the Board of Directors attempted to change that.
(018) To the best of my knowledge, this was never submitted to all of the lot owners for their approval.
(019) At the very minimal it would take a three-fourths vote of all of the lots if it were considered a covenant.
(020) I think there is a good argument that it can only be changed with a unanimous vote of all of the lot owners.
(021) All actions by the Board of Directors who were elected other than as set forth in the Declaration in my opinion are invalid.
(022) I am deeply concerned with the actions of one Board of Director reversing previous Board of Director's actions.
(023) In my opinion the board and the committees are attempting to impose excessive number of rules and regulations that were not envisioned by the original Declarations.
(024) I intend to use my lot so that I am in compliance with the original Declarations unless or until the changes that are authorized by the Declarations are approved in accordance with the procedures set forth in the Declarations.
(025) I spent a considerable time in researching this and thinking about this.
(026) I am prepared to furnish copies of the Declarations to anybody who requests them.
(027) I have taken the liberty to secure copies from the Rock County Register of Deeds Office.
(028) I think if you sat down and read the Declarations repeatedly, as I have done, you will see that they are clear in their meaning.
Robert J. Elliott