ROBERT J. ELLIOTT
ATTORNEY AT LAW
SUITE 102
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.
Respectfully,
Robert
J. Elliott