To Our Fellow Homeowners of Delray Villas Purpose of This Letter We, the residents of Delray Villas, are writing to ensure that all homeowners clearly understand the facts, legal requirements, and financial risks surrounding the current Recreation Association Special Assessment proposal. As the saying goes, “Those who cannot remember the past are condemned to repeat it.” Sadly, this Association appears poised to repeat the same errors that led to the previous rejection. Our goal is simple: to insist on transparency, compliance with our governing documents, and responsible stewardship of community funds before any new assessment is approved. Overview of the Current Proposal The assessment being resubmitted is materially the same as the one voted down only months ago. Although minor cost changes are claimed, the overall structure, costs, and lack of transparency remain. Residents did not request the removal of critical repairs as otherwise stated by the Rec president; in fact, the community consistently supported full, lasting solutions rather than temporary fixes. These were not community requests. They were selective deletions that do not materially improve the proposal or address underlying governance issues. Financial Questions That Must Be Answered Homeowners are being asked to approve an assessment based on bids, which are only estimates. Before any responsible vote, the Board must answer: 1. Pool Chair Lift – This accessibility device is essential in an older community and must be reinstated. 2. Cost Fluctuations – If final contracts increase, will homeowners face another assessment? If they decrease, will refunds be issued? 3. Timing – Why the urgency to assess before contracts and permits are finalized? 4. Variance Process – What procedure governs over- or under-budget contract amounts? 5. Seasonal Disruption – Why start pool work during high season rather than after Q1 2026? Without these answers, approving the assessment would be fiscally irresponsible. Misrepresentation of Legal Requirements A CPA letter was cited at a prior meeting claiming that Florida law requires the $500,000 replacement reserve. Yet: •No Florida law or statute in Florida 720 was referenced. •No legal citation appears in the CPA letter. Residents must not be told something is “required by law” unless the exact statute, subsection, and wording are produced. To date, none have been. As a matter of fact FL 720 does allow for the removal of a reserve account, with the approval of the community. Violations of Bylaws and Governance Our own governing documents are not being followed: •Finance Committee Missing: Article VII requires one representative from each Plat to oversee financial affairs. None exists. •Bid Transparency: Elected board members were denied access to bids that were shown to non-board individuals. •Ignored Alternatives: A lower cost pool bid with a 10-year warranty was never presented. •Improper Bundling: Multiple capital projects were combined into one all-or-nothing vote, a practice unsupported by our bylaws. Concerns Regarding Leadership Conduct Residents across all Plats have expressed concern over the Recreation Association President’s actions: •Repeated refusal to answer direct questions. •Use of divisive language referring to residents as “them” and the Rec Board as “us,” contrary to the duty to represent all homeowners equally. •Canceling the November 4th Board Meeting, preventing discussion and silencing resident concerns. •Making unilateral decisions outside the authority granted by the bylaws. These actions are inconsistent with the fiduciary responsibility to act transparently and in the best interest of all members. Electronic Voting Irregularities The Association is implementing electronic voting for the first time. Unfortunately the Rec board has not adopted resolution authorizing electronic voting during a duly noticed meeting. The governing documents require at least 20 days’ notice for registration; only 14 days were provided. This procedural failure disenfranchises unregistered members and renders the election subject to legal challenge for non-compliance. Improper Use of Monthly Social Dues At the most recent Assessment meeting, the President of Rec Board President stated “That if we do not pass this assessment, she will be forced to increase our monthly dues by an additional $100 per month. The Recreation Declaration of Covenants and Restrictions for Villa Delray West, Article VI – Covenant for Maintenance Assessments, Section 2, states: “The assessments levied by the Recreation Association shall be used exclusively for maintenance and operation of the Recreation Property.” This language is clear. Monthly social dues—currently $65 per homeowner—may only be used for maintenance and operation, not for capital repairs or improvements. Attempts to increase these dues to fund new construction or large-scale replacements directly violate the Declaration. Even labeling such projects as “repairs” does not change their capital nature. Resident-Led Alternative Proposal Prior to this latest assessment, a resident-led team invested significant time meeting with contractors, reviewing multiple bids, and preparing a comprehensive, transparent alternative plan. That proposal: •Presented clear cost breakdowns for each project area (tennis/pickleball courts, pool & spa, parking lot). •Recommended realistic budgets totaling approximately $1.08 million, far less than the current figure of $3.2 million •Called for formation of a Financial Committee with one member from each Plat to oversee any financial decisions of the Rec. •Emphasized open sharing of bids and financial data with all homeowners. Despite these constructive efforts, the Recreation President declined to review the material or place it on the official agenda. This rejection of resident collaboration contradicts the principles of transparency and community governance. Conclusion and Call to Action We, the residents of Delray Villas—support necessary maintenance and improvement of our shared facilities. However, we cannot in good conscience approve a proposal that: •Ignores our bylaws and statutory requirements, •Relies on incomplete or misleading financial information, •Disregards alternative, well-researched plans, and •Excludes homeowners from full participation in governance. Until all governing procedures are followed, all bids are disclosed, and all residents are afforded equal voting access, this proposal must be rejected. CALL TO ACTION: VOTE NO To protect our rights, our finances, and the future of our community: Vote NO on this assessment proposal. Attend upcoming meetings, ask for the exact statute or law claimed, and demand full transparency. Insist on the formation of a Finance Committee before any assessment is considered. Your vote is your voice—and when we stand together, we cannot be ignored. Only after lawful process, full transparency, and financial accountability are restored should any new proposal be brought forward. By voting NO now, we protect our rights, our finances, and the integrity of Delray Villas for years to come. Respectfully submitted on behalf of concerned homeowners of Delray Villas Best Regards, Robert Ben-Eliyahu