for ALL of Mallory Creek



the more you want to KNOW



Let's start with the May 3rd e-mail from the Board via Management:



email SPECIAL EMAIL BULLETIN, MAY 2019 To all Mallory Creek HOA residents:


To assist in clarifying the Town of Jupiter Notice of Public Hearing signs in the community, please review the brief summary below of the subject matter:

● Prior to the developer turnover, the Town and the Developer approved fences in areas that were designated on the Plat of Mallory Creek as an “Open Space Tract”(OST).

> The Developer did not approve, nor does the Town have the authority to approve, fences to encumber our Open Space Tracts. The Dedication and the Plat demonstrate the opposite. The Open Space Tracts as drawn in Plat 1 are the perpetual maintenance obligation of the Association for the purpose of providing public pedestrian access. There are 28 other Open Space Tracts with the same designation and purpose. There is no proof the Developer of the Town okayed this violation of HOA Covenants.

● To amicably resolve this issue, and after a resident committee was formed with a board liaison to investigate solutions, the Board ultimately voted to sell the land to the 14 owners along the West side of Wymberly Drive.

> To characterize this attempted sale of land that belongs to all Unit Owners, to 14 private homes, as "amicable" shows true colors of the Board. Hostile takeover is more like it. The gang of 14, in their plan to usurp Association land, are offering seven thousand dollars, to gain control of 18,000 square feet of sodded land intended for everyone's enjoyment. That translates to 12 dollars one lump sum to each Association Member. In return 14 private homes get to build sheds, sink bigger pools with more expansive aprons or in-law suites on the newly acquired land—land acquired furtively and in bad faith off the backs of the other 567 Members.

● The sale price was determined based on an appraisal of the property by a Florida certified appraiser.

> Seven thousand dollars is piracy. In West Palm Beach-Boca Raton, FL one acre sells for $1.3 million. Forty percent of that is over half a million dollars.

● No structures are being built in the area in question. There will be no impact to or encroachment on the preserve area.

> Sure, there are no structures now. The review process for potential structures and improvements for this once Open Space Tract after any sale would involve the same Board and private home Owners that got us into this mess in the first place. The reader here should, by now, be getting a better picture of the degree of good faith among the potential Grantees.

● The Board unanimously approved the plan last year. The Abacoa POA approved the plan to re-plat the OST tract so that it could be conveyed to each of the 14 Lot Owners.

> The Board approved the plan with the President being one of the 14 private homes. Are we starting to see why this petition is necessary?

● There is no negative financial impact to the Association. The West Wymberly landowners are responsible for all costs associated with the transaction.

> No negative impact on the Association if the members don't mind having their pockets picked.

● This matter was addressed at open and noticed board meetings over the past two years. Thank you. Mallory Creek HOA Board of Directors

> If the matter was so openly addressed, why is it under New Business on the agenda in the meeting before the eBlast? Typically in these meetings there are less than a dozen folks in attendance and five of them are on the Board and one is the Management Company. You should now have a nearly full picture of this travesty Mallory Creek HOA is faced with. Join in dissent against this indecent proposal of the Gang of 14 and Mallory Creek Board of Directors.



the more DUBIOUS it appears



There is so much in our governing documents and florida state statutes that prohibits this underhanded attempt to transfer —if you care one iota— and you should in this great democracy.

THIS IS THE UNITED STATES IN THE 21ST CENTURY, NOT THE EUROPE IN THE 9TH CENTURY.

join in to cleanup the mess behind west Wymberly Dr., not with a sale or physical work ourselves or at our expense— Rather by demanding violators pull up their encroaching fences, plants then laying some sod or a cinder path. Maybe we put benches and a bike rack where the developer intended with the poured slabs.



You get one measly dollar. They get an in-law suite.



the more you NO...



The Developer and the Town did not approve fences as they claim,



the more you NO...



From the get-go it's been shady, and you've been kept in the half-light.



the more you NO..



the more CRITICAL it gets



May of 2019, after school was out and the "off-season" began, the Board moved on going from encroachment into our Common Area (OST-29) to phase two of the land grab — the proposal to amend the Plat with Town of Jupiter Planning and Zoning.



Here are some quotes from the Jupiter town meeting on the matter of selling our open space to 14 private homes, AKA West Wimberly Home Owners.


Commissioner Flinchum:

"Again this comes down to seven illegal fences two have already said they will move them, and five remaining ones. What really bothers me they were told not to encroach this area... I see address 3260 claiming that they were given approval by Jupiter they were the 4th fence already a neighbor had pulled his fence back correctly so either way I have a hard time believing that Jupiter would have authorized a structural encroachment that is prohibited in the plan. I can't believe a staff person would take that responsibility, especially an engineer."


Commissioner Hague:

"...if you want to simplify it to that there were just encroachments and violations from the beginning and it should have been nipped in the bud...I don't like being put in this position ...I feel it is a travesty. If you look on the sight plans all the lots in the beginning of the platt were basically uniform and what they're doing now is that they are adding land value ...the fact that it was 500 dollars apiece, when you look at each land value is almost 150,000 dollars and your adding sometimes a thousand square feet extra to a piece of property you know, I just don't feel it isn't for the rest of the residents in the community. It's common area, its just wrong from every single aspect that I look at, so there's no way that I could support this."


Vice chair Cheryl Schneider:

"I guess for me Im just sort of mystified how everyone could miss where the property line is on the fences ummm your suppose to put the fence within your property line. I can't put my fence over my property line and 3 feet of my alley or take my neighbors yard. Everyone should have been on notice for that. I think that the issue of the HOA procedure is relevant, because it's been represented to us that the community supports this, however the members, the owners of this association have not voted. So to me it means that there is no evidence that the community supports this. All we have is the statement of the homeowners that would benefit personally from this we have no information about how the share holders of the association feel about disposing of the common area property. I also don't agree with the characterization of the area as dead space. In Windsor Park we have the exact same situation and when I had a conversation with the developer Pulte, he spoke to me about the area at Windsor Park, I was told it was meant to be a walking path... I think that you have these five home owners that encroached and the remedy was that the HOA needed come back and tell them to remove their fences....If they applied through the architectural review board and the architectural review board saw encroachment on the community property it was their obligation to require them to move their fence back because they were putting it on property they did not own so I can't support this, thank you"


Chair Ankur Patel:

"I think to me the bigger issue is, is ah the gentleman that's certifying with notary that he is doing everything correctly and apparently he's not"





the BRIGHTER the outlook



the open space tract the 14 homes want for theirs was intended to be an easy-to-maintain buffer for all to enjoy.
WINDSOR PARK seems to have no trouble with respect across the street.



Notice below how three passes with the mower makes such a neat swath of turf. Not so at Mallory Creek. Landscapers need to go in and out of gates up and down the would-be buffer adding huge inefficiency and expense to the job. We pay for it. Is this an exclusive club that we finance? It certainly is. It';s an outrage.



Windsor Park



Mallory Creek



Mallory Creek



Mallory Creek



Windsor Park



Mallory Creek



some might say, if you prefer the way things are done in Windsor Park, move there.
we say, if west wymberly folks covet something esle, it is they who need to go find it.



Let's restore OST-29 in a way the lifts the spirits not crowds us to a state of depression. Are we not strong enough to keep our own neighbors from wrongly enriching themselves—our President being one of those to gain much with so little out of pocket. The idea of denigrating this open space in order to appropriate it for themselves should give everyone pause that believes in their constitutional rights to property.


There have been fences encroaching on our land going back to 2007. Then came another in 2008. Then another in 2009. Then 3 in 2013 and one in 2016, making it 7 total in violation of our property rights and our Declaration, Dedication and Plat 1 with the Town of Jupiter and Palm Beach County land records.


To attempt to legitimize this ongoing offense, these 7 private homes encroaching with fences and plantings to grow their back yards and grease the skids on buying this open space land and and 7 others on the west side of Wymberly Dr. waiting in line to further sequester this area from the members — 18,000 sq. ft. granted to all, .


They failed to take it to a vote. Maybe it failed due to apathy or maybe the members here are smart enough to know deviousness when they see it and abstained with absolutely no interest in being accomplices to a band of 14 private owners and Board of malfeasance. We prefer not believe in the latter. It was not apathy, it was justice.


So what does the Board and the band of owners do next after failing to procedurally ascertain the where the members and the lenders to those members stood? The Board voted among themselves. Wrong. So wrong it borders on criminal. It's difficult for a Board to engage in criminal activity where the Association is victimized due to laws that dictate how non-profits and HOAs under those laws are to be run. That said, this Board managed to get themselves knee deep in abuse of power and self-dealing. If 278 of the 581 members of Mallory Creek stood to gain from the Board's abuses that would be somewhat of a mitigating detail. But 14 to benefit out of 581 does not cut the muster.


So rather than getting an overwhelming NO votes they got an underwhelming participation. Just desserts we say.



the better the OPTIONS



once it's sold, it's out of our hands. Expect in-law suites and pools galore on land we gave away.



How it is. How it could be. How it never should be.



How It Never Should Be



How It Is



How It Could Be



the more you CARE



This open space the board wants to buy for our president and his 13 neighbors for $7000 is nearly a half acre.
acres in developed, urban, South Florida sell for upwards of $1.5 million.



Florida Stat. § 812.014 provides, in relevant part: A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property. (b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property. Fla. Stat. § 812.014(1). The phrase “obtains or uses” means any manner of: (a) Taking or exercising control over property. (b) Making any unauthorized use, disposition, or transfer of property. (c) Obtaining property by fraud, willful misrepresentation of a future act, or false promise. (d) 1. Conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception; or 2. Other conduct similar in nature. Fla. Stat. § 812.012(3).


To avoid a new complaint after a sale for unjust enrichment it's important to nip it in the bud. Under Florida law, the elements of a cause of action for unjust enrichment are: “(1) plaintiff has conferred a benefit on the defendant, who has knowledge thereof; (2) defendant voluntarily accepts and retains the benefit conferred; and (3) the circumstances are such that it would be inequitable for the defendant to retain the benefit without paying the value thereof to the plaintiff.” .



peeps4mallory@111proof.com