John Pizzolato
Board Trustee
I had heard that one resident commented that I appear to be a rogue Board member going against what other Board members want to accomplish. I was elected to this Board to be the “voice for the people”. To protect Residents rights from overzealous individuals wanting to take their rights away. That was a promise I made during Candidate’s night which I am determined to keep. I will not shy away in the Board room from fighting for Residents rights, whether that be their right to engage in Social Gambling or being able to invite guests to functions, as so many Communities around us allow. If that makes me a rogue Board member, then maybe I am.
If you missed the Open Board meeting on September 4th, you missed seeing our Residents expressing what they viewed as the Board infringing on their rights. It all began, during a closed Board meeting on May 22nd, when the Board voted 4-1 to limit the amount our Residents can play poker for. That amount was capped at only $100. This was done, over my strenuous objections, because NJ law puts absolutely NO buy-in limits on legal games. That vote had to be repeated during the Open Board meeting on September 4th, when the residents had the chance to express their concerns.
It is not just poker players whose rights are being affected, for the rights of all mahjong players are also being affected when they were told by the Board that they could not run a tournament for money, even though NJ law regarding Social Gambling gives them every right to do so.
These two decisions will also affect residents who are playing Bunco, Hand and Foot, Canasta, Rummy, or any other game being played in the Clubhouse if ever they wish to engage in Social Gambling.
I want to thank those individuals for standing up during the Open Board meeting against this rights infringement.
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- Marty Lisella read from a prepared statement charging the Board with infringing upon Resident’s rights to enjoy the Community Facilities. Marty’s statement abruptly ended due to the Chairperson’s gavel.
- Maureen Siragusa expressed similar concerns, expressing the Board has no right to rule on such a matter
- Dave Fleischl asked why $100 was used as the limit
- In support of the Board’s decision, Maureen Forte (Realty Solutions) expressed concern pertaining to fiduciary responsibility and the potential for lawsuits.
- A gentleman in the front row tried to show how ridiculous Moureen Forte’s argument sounded when he tried to compare the potential of a lawsuit by playing low limit poker with the very real potential of a lawsuit by inviting guests into our pool. His objection was also cut short by the Chairperson’s gavel.
- Margaret Quinn also objected to this vote and asked the Board to look further into this matter.
- Other residents expressed objections from their chairs.
Because of the Resident’s objections and because the meeting was getting unruly, due to a gavel yielding Chairperson in attempting to shut down speakers, the other Board members decided to table this vote until a later time, giving them the opportunity to look into it further. I was also met with the Chairperson’s gavel when I attempted to explain to the Residents how having vague By-laws is paving the way for a Board to dictate away Resident’s rights.
A few days later, in an attempt to satisfy the Residents who felt their rights were violated, I offered the other Board members a compromise. My proposal was to increase the buy-in limit of all community scheduled poker events to $200. The other members of the Board accepted my proposal, and it was formally voted on during the October Board meeting. The vote was repeated during the Open Board Meeting on November 18th and was ratified.
IT’S NOT OVER-WE NEED TO PROTECT OUR RIGHTS FROM FUTURE BOARDS
We need to learn by this attempt to infringe on Resident’s rights. The makeup of our Board has the potential of changing every year because of elections. Because of this any future Board, by a vote of only 3, can decide to vacate this decision and do something worse, like not allowing any legal Social Gambling in the Clubhouse at all. Because our By-laws are so vague when it comes to the Board’s authority over Resident’s this can very well happen, unless we, the Residents, do something to prevent it.
As soon as the Transition with DR Horton is completed our community will make changes to its By-laws. Developer items that are no longer applicable will be removed and certain items will be amended or added as a result of Jersey law. In order for these changes to be ratified a yes vote from 67% of the residents is needed.
We need to add the necessary language into our By-laws that will prevent any future Boards from infringing on Resident’s rights when it comes to all forms of legal Social Gambling. We need the following verbiage added:
If any resident(s) want to organize and play a game in the Clubhouse or any Common area, that is a legal game in NJ, adhering to NJ gambling statutes, the Board does not have the authority to prohibit, interfere, dictate, or place limits on the games.
I made a request to Gary Colarossi, who is the Board member spear heading the By-law modifications, that this statement needs to be added to the By-laws that we will vote on. His answer was that he will research it and see how other Communities handle this issue.
I cannot support any changes or updates to the By-laws if it doesn’t have this protection in it. I can tell you, that my household will not vote to ratify the new By-laws unless this statement is added to the By-laws protecting our rights from future Boards.
This is how we make sure our rights are not taken away from us by an overzealous future Board. Remember, it only takes a majority (3 Board Members) to vote away your rights. I did run this by an attorney to make sure there was nothing in NJ law precluding this from being added to the By-laws of a community with more than 50 households. There isn’t!
In order for the By-laws to be ratified and accepted, 67% of all households have to vote Yes. If 67% of the households in our community do not vote Yes, the By-laws cannot be changed.
By-Law Survey
After learning what has happened this year, this survey is asking Residents if they are concerned future Board Members may vote to infringe upon their rights. The makeup of Board Members can change every year with our elections. It only takes three votes to ratify a vote.
If you take this survey multiple times your last one will only be counted.
Your survey answers are confidential and will not be disclosed to anyone, but I do require you provide your name and address to verify you are a resident
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After Clicking the Button Select the Board / Year Folders
MUSIC at the POOL SURVEY |
https://johnpizzolato.info/GoverningDocuments/RadburnBill.pdf
RadburnBillPDF This is the Radburn Bill
SEACREST PINES BYLAWS
SECTIONS IV 4.01, 4.08 AND 4.11
ARTICLE IV – BOARD OF TRUSTEES
4.01 EXPRESS AND IMPLIED POWERS AND DUTIES
The property, affairs and business of the Association shall be managed by the Board of Trustees, which shall have all those powers granted to it by the Certificate of Incorporation, the Declaration, these Bylaws and by law.
4.08 QUORUM AND ADJOURNED MEETINGS
Despite anything to the contrary in these Bylaws, the Certificate of Incorporation or the Declaration and if permitted by law, the entire Board of Trustees shall have the power to take action on any matter on which it is authorized to act, without the necessity of a formal meeting and vote, if the entire Board, or all the Trustees empowered to act, whichever the case may be, shall consent in writing to such action.
4.11 CONSENT IN LIEU OF MEETING AND VOTE
In spite of anything to the contrary in these Bylaws, the Certificate of Incorporation, or the Declaration notwithstanding, the entire Board of Trustees shall have the power to take action on any matter on which it is authorized to act without the necessity of a formal meeting and vote, if all of the Trustees shall consent in writing to such action.
PUBLIC OFFERING STATEMENT
Filed and Presented By
D.R. HORTON, INC. – NEW JERSEY, a Delaware Corporation having
an office at
8 Neshaminy Interplex, Suite 115 Trevose, PA 19053 for
Initially consisting of up to 169 Age-Restricted, Residential Lots and
Dwellings in the Township of Barnegat, Ocean County, New Jersey, and
designated as
SEACREST PINES
THIS IS AN AGE RESTRICTED COMMUNITY
SECTION E. RECREATIONAL FACILITIES
The common recreational facilities will be located on Block 90.34, Lot 66, having an area of approximately 5.68 acres (the “Amenities Lot”). The recreational facilities located on the Amenities Lot are proposed to include: a clubhouse having a gross floor area of approximately 9,541 sq. ft.; an outdoor pool; a gazebo; 2 dual tennis/pickle ball courts; and 3 bocce courts (the “Amenities”). There will be 130 common parking spaces on the Amenities Lot. The proposed location of these improvements is shown on the Overall Community Plan attached to the Declaration at Exhibit B.
Except as may be set forth in the Governing Documents, the common recreational facilities will be available only for the exclusive use of the occupants of the Homes and their invited guests and will not be available for use by the general public. Use of common recreational facilities will be subject to the Governing Documents, including any Rules and Regulations adopted by the Association.
SECTION F. CONTROL AND OPERATION OF COMMON PROPERTY
As discussed in Section B of this Public Offering Statement, the Association will be responsible for the operation and management of the Common Property and facilities, subject to the provisions of the Governing Documents. As noted, each purchaser of a Home automatically becomes a member of the Association upon conveyance to the purchaser of title to the Home. In addition, the Developer has one membership in the Association for each Home to which it holds title. The Association is charged with the responsibility for the maintenance, management and operation of the Common Property of the Community. This responsibility is filled through a Board of Trustees (the “Board”) which is empowered by the terms of the Association’s Bylaws to ernploy any person, firm or corporation to assist it jn the performance of its duties.
Subject to the Governing Documents, the Association may do all that it is legally entitled to do under the laws applicable to its form of organization. The Association will discharge its powers in a manner that protects and furthers the health, safety and general
welfare of the residents of the Community. The Association will provide for a fair and efficient procedure for the resolution of disputes between individual Owners and the Association and between different Owners that will be readily available as an alternative to litigation.
CERTIFICATE OF INCORPORATION OF SEA CREST PINES HOMEOWNERS ASSOCIATION, INC.
The undersigned, who is of full age, in order to form a corporation pursuant to the provisions of the New Jersey Nonprofit Corporation Act, Title 15A, Chapter 127,� of the
New Jersey Statutes Annotated, does hereby certify:
ARTICLE I – NAME
The name of the corporation is “Sea Crest Pines Homeowners Association, Inc,” hereinafter called the “Association”.
ARTICLE IV – PURPOSE AND POWERS OF THE ASSOCIATION
The Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is fanned are to provide for the maintenance, preservation, management and control of the Common Property as shown and described in a certain Declaration of Covenants, Easements and Restrictions for Sea Crest Pines (the “Declaration”), recorded or intended to be recorded in the Office of the Clerk of Ocean County, and to otherwise act in accordance with the Declaration and By-Laws of the Association, and to promote the health, safety and welfare of the Owners within the above described Community and for these additional purposes:
a. To exercise all of the powers and privileges and to perform all the duties and obligations
of the Association as set forth in the aforesaid Declaration and By-Laws of the
Association as they both may be amended from time to time as therein provided, said
Declaration and By-Laws being incorporated herein as if set forth at length;
b. To fix, levy, collect and enforce payment by any lawful means, of all charges or
assessments pursuant to the tenns of said Declaration and the By-Laws of the
Association; to pay all expenses incident to the conduct of the business of the
Association, including all licenses, taxes or governmental charges levied or imposed
against the property ofthe Association;
c) To acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate,
maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of
real or personal property in connection with the affairs ofthe Association;
d) To borrow money to mortgage, pledge, deed in trust or hypothecate any or all ofitsreal
or personal property as security for money borrowed or debts incurred; and
e) To have and to exercise any and all powers, rights and privileges which a corporation
organized under the Nonprofit Corporation Law ofthe State ofNew Jersey by law may
now or hereafter have or exercise.
2C:37-2. Promoting Gambling .
a. Promoting Gambling Defined. A person is guilty of promoting gambling when he knowingly:
(1) Accepts or receives money or other property, pursuant to an agreement or understanding with any person whereby he participates or will participate in the proceeds of gambling activity; or
(2) Engages in conduct, which materially aids any form of gambling activity. Such conduct includes but is not limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phase of its operation.
b. Grading. A person who violates the provisions of subsection a. by:
(1) Engaging in bookmaking to the extent he receives or accepts in any one day more than five bets totaling more than $1,000.00; or
(2) Receiving, in connection with a lottery or policy scheme or enterprise (a) money or written records from a person other than a player whose chances or plays are represented by such money or records, or (b) more than $100.00 in any one day of money played in such scheme or enterprise, is guilty of a crime of the third degree and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $35,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2 b.
A person who violates the provisions of subsection a. by engaging in bookmaking to the extent he receives or accepts three or more bets in any two-week period is guilty of a crime of the fourth degree and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $25,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2b. Otherwise, promoting gambling is a disorderly persons offense and notwithstanding the provisions of section 2C:43-3 shall be subject to a fine of not more than $10,000.00 and any other appropriate disposition authorized by N.J.S.2C:43-2b.
c. It is a defense to a prosecution under subsection a. that the person participated only as a player. It shall be the burden of the defendant to prove by clear and convincing evidence his status as such player.
L.1978, c.95; amended 1979, c.178, s.69; 1997, c.181, s.9.