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In an overly simplified nutshell, the bored won the Graves lawsuit because the presiding judge kept comparing the GFA to other lakes with actual HOA's on them, & citing supporting precedent from other HOA cases. The bored has repeatedly claimed they are not an HOA, but, once again, they are only kinda/sorta telling the truth. The Graves decision basically said that if it has feathers like a duck & it walks like a duck & it quacks like a duck - it's a duck. Ergo, the GFA is (IMHO) at the very least a de facto HOA.
So, why do outdated dinosaurs so strenuously deny they are the HOA which a judge basically ruled they are?
Because most bored members are NOT stupid. A lot of what a lot of them say & do is incredibly stupid, but most of the individuals themselves are NOT stupid. They are just frequently devoid of any internal moral compass. What the dinosaurs (IMHO) want is to have their cake & eat it, too:
They (IMHO) want all the perceived 'authority' of an HOA, with absolutely none
of the legislated requirements of one.
HOA's in NY are insanely highly regulated. They know this, so they try to bamboozle with their hysterically false claim of, "We're a private club so we do what we want!!"
I'm here now. And HOA's are highly regulated & accountable . Oops.
"Just Show Me The Bylaw, or STFU."
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