In a recent publication of the Pot-Nets Bayside Home Owners Association newsletter, it makes several statements that are concerning.
One is "Leaseholders are defined as those individuals whose names appear on a Tunnell Company, L.P., lease that has been filed with Sussex County and whose names appear on the Sussex County tax rolls." The second is "All attendees will be required to sign in and show identification. A complete list of Bayside leaseholders, from the Sussex County Tax Office, will be available to confirm leaseholder status."
In manufactured housing on leased land, the title holder of the manufactured home is on the tax records. The title holder of the home is the person who owns the home per DMV. Per my call to the tax department, and a follow-up letter, "Per Delaware Code, Title 9, Chapter 83 Section 8355 states that mobile homes shall be assessed in the name of the person designated in the title of the mobile home.
Therefore, we do not rely on the lease of the mobile nor do we have copies of the lease. We only operate through the title." Hopefully the two board members of the Bayside HOA realize this difference before the meeting.
The tax department has no lease information. Per the BHOA Bylaws - ARTICLE IV – MEMBERSHIP-Membership shall be all homeowners/lessees in the Bayside community. Title info is with the tax department, lease info is with the park office. The BHOA acts only on the tax records and not the lease information, which is violating their bylaws.
My other concern is in the newsletter in soliciting members, it implies that a resident needs to be a member to be represented in case Mr. Tunnell sells the community. This is not true. You do not have to be a member of your HOA to be represented in the Right of First Offer.
However, if an HOA represents the residents, it must be a valid HOA according to their bylaws. Unfortunately Bayside Home Owners Association only has two elected board members. I have attended two annual meetings and no elections have been held and the president appoints board members.
When I ask about elections or quorums, the president of the BHOA adjourns the meetings. In a recent public meeting, I asked the president of the BHOA questions and he refused to answer me stating I wasn't on the lease. He has verified each year for three years I am on the lease, but he refuses to answer any HOA questions.
If an HOA is required to register with the State of Delaware in Chapter 70, I think it should be an HOA that follows their bylaws and one that is transparent. Avoiding questions and hiding info raises the red flags! What is there to hide?
Pat Weyl
Long Neck
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