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Board of County Commissioners Meeting Minutes - Final June 3, 2025 <br />Residents expressed their concerns about the complexities of dock leases and <br />transferring responsibilities to an HOA. A resident and dock lessee highlighted issues <br />regarding lease prioritization related to a home he purchased and sought a permanent <br />resolution. Charlotte Bireley, a resident without a dock, proposed forming a dock <br />association to address waiting list concerns and current leaseholder issues. <br />Chairman Flescher emphasized the need to reassess the property's legal standing and <br />suggested creating an HOA for better management. Ms. Prado raised uncertainties <br />about the HOA and the concept of gifting land back to residents, referencing a 2004 <br />legal opinion on County funds. She indicated that abandoning the land might be a <br />more straightforward solution to effectively address the situation. Ms. Prado was <br />open to further research if this route was favored. <br />Commissioner Moss strongly opposed abandoning the parcel, arguing that it would <br />result in lost revenue and highlighted the importance of correcting past mistakes, <br />particularly regarding the docks. In contrast, Commissioner Earman supported the <br />recommendation to abandon the property, believing that selling it could lead to more <br />complications. <br />Commissioner Adams addressed community concerns about forming an HOA and <br />emphasized the need for solutions that benefit the entire community while maintaining <br />road access. She cautioned against prioritizing specific groups, such as dock owners, <br />over the broader community's needs and stressed the importance of a fair <br />decision-making process. <br />Chairman Flescher sought clarification on the County's financial involvement, <br />discovering that the County had not paid any money for the property but had taken <br />over management when the previous HOA could no longer handle the situation. He <br />acknowledged the difficulty in establishing a public price for the property and <br />emphasized the need for careful consideration rather than complete abandonment. <br />The discussion centered around the operation of an HOA in Florida under State <br />Statute 336.125, emphasizing that HOAs must represent all homes in a platted area, <br />not just dock owners. Ms. Prado highlighted the legal requirements for abandoning a <br />right-of-way involving the entire subdivision. There was also mention of the County's <br />ability to abandon roads and rights-of-way dedicated to residential subdivisions, <br />contingent on specific conditions. <br />Commissioner Earman suggested a consensus for the County Attorney to explore <br />various options regarding the right-of-way: 1) abandonment to an HOA; 2) outright <br />Indian River County, Florida Page 16 <br />