June 28, 2018

Dear RBYCC POA Owners:

As most Owners are aware, the Association has been engaged for several years in a court case in which the Association has been defending the legality of covenant amendments enacted at various times, starting in the 1980s. The case was decided by the Delaware Supreme Court, which found that the procedures by which amendments were made over several decades were not valid, thereby making the original covenants for each of the two original segments, respectively, of RBYCC the only valid documents. We have posted the Covenants on the POA website, www.rbyccpoa.org, along with a map which shows the two different areas that make up the POA, so you will be aware which document applies to your particular lot. (Note: the content of both sets of Covenants are the same, just with different recordation dates. )

As was discussed at the Annual Meeting, the Court ruled that the respective documents may only be amended in each section during a specified six-month window every 10 years, which is next possible in 2021 and 2025, respectively. These two windows provide us with the opportunity to draft Covenants that are modern and meet the community’s needs going forward. The Board is beginning this process by forming a Covenant Committee of Owners to research and draft the next set of Covenants. We know ours is a community full of intelligent and qualified people and we are asking you to volunteer your time and expertise to this effort.

If you would like to be a volunteer for this Committee, please send a brief (1 page or less) biography to the Board for consideration. You can email the bio to directors@rbyccpoa.org. We hope you will consider serving your community and look forward to a positive and productive Covenant review process. If you have questions about this Committee, they should be directed to Chris Nichols of Seascape Property Management, Inc. at (302) 645-2222.

Sincerely,

John F. Cikota
President
For The RBYCC POA Board of Directors



So Owners can be aware, here are the last two court rulings.

Please click here to view the July 21, 2015 Judgement Denying RBYCC Motion for Summary Judgment, or here to view the February 2, 2017 Ruling Affirming the Appeal from the Court of Common Pleas.

 
 


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