What’s Next After Bayside Is Legally Ruled A Master-Planned Community?
“Let us move forward together.”
It has been difficult over the last year to have limited communication with you, the Bayside residents. Now that we can speak directly, post-lawsuit, we want to share and clarify important details with you, including:
- What we have all invested in Bayside to make it what it is
- How the Bayside Charter keeps our community intact and healthy
- What happens when the Charter is violated or ignored
- The ongoing legal process to uphold the Charter
- How to communicate about specific issues at Bayside
- What’s new and what’s coming next at Bayside!
Living (and investing) in Bayside
Bayside provides opportunities for everyone to find something to do or a place that fits them. Planning this community that delivers the amenities and benefits residents enjoy has taken over 20 years, and the developer’s investment of more than $150 million so far. Going into this project, we knew that delivering a multigenerational experience for residents was essential for the project’s success. We also recognize that many of our residents have been with us from the beginning and that all of you have made a significant personal investment in Bayside alongside us. We are in this together. Let us move forward together. The key word here, for us, is community.
Upholding the Integrity of the Charter
As stated in our Charter, “Truly great communities have a physical identity and a pride in that place; the community’s stakeholders have a positive feeling of belonging and accomplishment in its activities.” Words alone can never make a community. It’s up to the people who live and work there to create something special.
The Charter creates a vehicle, a process through which you and other stakeholders can build community at Bayside. “By choosing to live in the community, each resident understands the various components that comprise the community and acknowledges the necessity to respect the diversity of perspective of other residents and owners, the founder, and the builders, and the important role each must play in the Community’s success and the success of Bayside as a whole.”
Living as part of a community is our covenant. This is built into the fabric of Bayside, into the master plan and into all our community documents. Freeman Communities has promised to build out our vision for the Bayside lifestyle and make it all possible. We plan to transition control of the homeowner association to Bayside residents by the end of 2024.
And, as stated in our Charter, the decision to live at Bayside asks something of every resident. In the case of disputes, Bayside residents agree “to work together to resolve the dispute without litigation in order to facilitate the prompt resolution of such disputes in a manner that respects and builds upon the relationships between the parties. It also requires substantial support of the Association’s membership before the Association can engage in certain types of litigation that could result in significant legal and emotional costs to the Community.”
Ignoring the Bayside Charter Rules, Bayside Resident Files Suit and Loses
- The Bayside Charter exists to protect all Bayside stakeholders.
- The Bayside Charter is very clear that alternative dispute resolution – mediation – is mandatory. That requirement was ignored when a resident filed suit for control of the association, violating the integrity of the Charter.
- Over the past 10 months the developer (CMFC) responded with legal action to protect the integrity of the Charter, the HOA and the structures that make life at Bayside what it is.
- A trial on the resident’s lawsuit happened on May 4, 2021.
- On May 19, 2021, the judge ruled that Bayside is in fact a master-planned community and that the Bayside Charter provides for the transfer of the HOA board of directors by December 31, 2024.
- Transitioning the HOA Board to homeowner control is a years-long process; we have begun the strategies for a 2024 handover.
What Happened After the May 19 Ruling in Favor of CMFC?
- The plaintiff lost her case.
- The plaintiff, by rule, cannot appeal the judge’s ruling yet because CMFC, in exercising its legal rights and to protect the integrity of the Charter, filed counter claims against the plaintiff.
- That case is still active and will be proceeding in court on the counter claims.
- In violating the Charter, the plaintiff may be responsible for legal costs, which are now over $200,000.
- Beyond this monetary damage, it is important to complete this action so that the provisions and integrity of the Charter are upheld, and the collective covenant is restored.
Communication and Contacts
For over 15 years we have enjoyed a cooperative relationship with Bayside residents, and we believe that will continue. It is important for all residents to remember that much of Bayside’s day-to-day operations are already managed by a full slate of committees, made up 100% of homeowners, including Website & Communications, Grounds & Operations, Finance & Covenants. One Homeowner Board Member serves on each committee as well. To keep our community running smoothly, we have revised our communication protocols. Please go through the correct channels to ensure a timely response:
- For issues relating to amenities, including golf, pools and tennis courts, contact Troon GM Sean Gradomski at [email protected]
Troon have added 3 new people to their team:
- For issues relating to the HOA, groundworks and landscaping, please contact Michael Bennett of Legum & Norman at [email protected]
- For Developer related questions, please contact Jeff Evans at [email protected]
- Bayside Institute – Erika Cook [email protected]
- Membership – Kellie Pitts [email protected]
Our process to fully complete the vision of the Bayside master-planned community continues to move forward. You can expect to see exciting changes like new pickleball courts in the coming months. We are also moving forward with our proven HOA transition process. We will work to communicate more about this process later in the Fall.
Our revised communication protocols mean we will be providing regular updates on all the Bayside Communication Platforms:
- Bayside Developer and Resident Forum (please join this group if you have not yet signed up) https://www.facebook.com/groups/470977594017975
- Live Bayside https://www.facebook.com/livebayside/
Via email: [email protected]
We have enriching programs available from Bayside Institute, delicious food at Signatures and cocktails from 38 Degrees – and you get to walk home safely! Don’t forget, this season’s line up at the neighboring Freeman Arts Pavilion is well worth a second look. So much to enjoy! Make the most of this summer.