NOTICE OF SPECIAL MEMBERS' MEETING

Published: December 1, 2020

Dear River Oaks Property Owners:

Your Board of Directors (the “Board”) has called a Special Meeting at the request of River Oaks property owner

James Capwill and several owners via petition, and a notice for this Special Meeting is enclosed. We urge you to

attend. It is important to note that there will not be an owner vote at this meeting. The items on the petition are not

items that can be voted on by owners.


Review of various writings disseminated by Mr. Capwill and conversations with several residents throughout our

community has led the Board to conclude that a significant amount of misinformation has been circulated to convince residents that your Board has been mismanaging Association matters, and some folks have signed proxies or are considering signing proxies based on such misinformation. We urge you to attend the scheduled Special Meeting (and all future meetings) so that you can receive accurate information firsthand and can ask your own questions of us. Then, after you have heard both sides, you can be confident that you are casting a well-informed vote. You should be aware that you can revoke any proxy that you have signed, and nobody should permit anyone to vote such a proxy if it is signed based on incomplete or inaccurate information.


Our most recent history with Mr. Capwill began with a flurry of demands for substantial records and information,

accompanied by various threats if we did not respond to his satisfaction. We have no problem with providing access

to Association records to Property Owners and did our best to respond to these demands in a timely manner, but our responses were complicated by Mr. Capwill’s piling on of rapid-fire, successive, demands for additional information that were not part of the earlier request/s, accompanied by more threats and attempts to link the later requests to deadlines associated with the earlier requests. After we had produced all the records that were responsive to his requests, we were confronted with demands for records that simply do not exist. Mr. Capwill’s engagement of an attorney to represent him, coupled with threats, including threats to sue all the Board members individually, led us to the involvement of the Association’s attorney, Chenille Grigsby. Sadly, Attorney Grigsby passed away suddenly, and her untimely death led to some delays in this matter. The Board has engaged the services of Attorney Jennifer Nichols, of Roetzel and Andress, to represent the Association.


Even after the recent budget approval meeting, Mr. Capwill demanded, the following morning, that our property

manager (not an attorney) provide a written legal opinion “by the end of the day.” There appears to be no end in

sight, short of firing everybody and disbanding your Board of Directors, that will satisfy this Property Owner.


The Board has made efforts to significantly improve transparency: we have a website, www.riveroakshoanaples.com ,

and any Property Owner can contact any Board Member and the Association’s property manager, Paramont Property

Management, by e-mail, and we encourage you to do so if you have a question or a problem - any time.

The current Board took over at a time when all prior Board members were no longer involved, and the new Board had to “bootstrap” its procedures and documents, all in the wake of Hurricane Irma, which caused flooding to some of our Property Owners and involved hours of work with governmental authorities to get the attention our community

needed. The Board is addressing problems with our lakes (storm water retention ponds) occasioned by years of

neglect, with long-term, cost effective solutions. The Board has also dealt with collection of significantly past due

association dues, amounting to thousands of dollars. Collection of these past due amounts does involve an “up front” payment of legal fees which are collected and returned to the Association at the end of the process. These are just some of the issues that the Board had to prioritize because of the impact on Property Owners and Association as a whole, but there is much that still needs to be done.


Your Board is comprised of business owners, an attorney, a bank president, engineers and a teacher; we all serve

voluntarily and sincerely strive to do what is in the best interest of the Association and the Property Owners, and we

have been diligent as stewards of the Association assets. We ask your support in hearing us out, encourage your

involvement and welcome your service on the Board.


Sincerely,

River Oaks Board of Directors

Jason Marshall, President | Darren Gersch, Treasurer | Claudia Keeler, Secretary | Tony Bower, Vice President

Lynn Chandler, Vice President | Anthony Berk, Vice President | Ernest Dorazio, Vice President


AGENDA:

  1. Call to Order – Establish Quorum

  2. Proof of Notice of Meeting

  3. Reading and disposal of any unapproved minutes

  4. New business

a.  Discussion of transparency of operations and finances of the Association and access to official records.

b.  Discussion of budgeted items, specifically management and legal fees.

c.  Discussion of Association’s compliance with Chapter 720, Florida Statutes.

5.  Adjournment.