Sunday, December 20, 2009


Nautilus Developer Settles Case for $11,700
The Nautilus Cove developers has a habit of running afoul of the Florida Department of Business and Professional Regulation earlier this year for not being in compliance with State requirements under Chapter 718 of the Florida Statutes.

They failed to provide Declaration of Condominium recording information to the Division within the required 120 working days, taking instead approx. 723 days, also entered into one sales contract on unit 1114 (Phase 10) prior to having filed the required Phase filing with the State, also they “. . . closed on 100 sales contracts for units within a phase prior to receiving the Division’s acceptance and approval for content of phase documents.”
The consent decree resulted in Nautilus Development Partners paying a civil penalty of $11,700 and agreeing to ‘. . . cease and desist from any and all violations of chapter 718.”

The 11 pages were obtained by a 10/09 FOIA request to the DBPR in Tallahassee.

Double click for larger image or print out

Saturday, December 12, 2009

2012 and 2010 Budget


Posted by Picasa
Although tagged as the 2009 Proposed Budget it is of course the Proposed Budget for 2010.

Worth noting are: D-14 where $4,100 is budgeted for Pool Furniture & Umbrellas. The prior 2 years $0 was spent and the pool area looks like it, so perhaps now we will get some decent CHAIRS and not more plastic Kmart recliners.

Also item A-1 for $10,000 in Legal & Accounting, 2009 was also 10K up over the 2008 amount of $823.


Double click for larger image or print out.



Tuesday, November 10, 2009

NCC Balance Sheet 9/25/09



Double click for a larger sharp image or print out.
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Tuesday, November 3, 2009

Misc FYI:

I see that there is now a 3rd eviction pending on the units rented out for the developer, the latest cites MONILLI, LLC as the party that Nautilus Development Partners LLP wants to evict. Details at: http://records2.baycoclerk.com/courtcaseweb/CaseDetail.aspx?txt=nautilus+d&ps=50&m=name&s=4&caseid=2339744 2 prior evictions have been closed out earlier this year and of course there was the 'meth lab' duo who were evicted last year, both of them are still in prison.
A big 'Hello' is due to some of our regular readers. I noticed today that 'Northbridge Apartments - Concord Management' has been spending some quality time on the blogs, both this one and the Target Sucks blog. Always good to have them looking in, maybe they will even learn something?

When you look in at this blog and most other blog and internet sites you will probably be recorded by a 'site meter' (I use 2 different ones) which, depending on the type, will log in who is looking in, their city/state/country, what they looked at, how long they stayed, where they came from, where they went and the set up of their computer.

In the case of those looking in from static ISP's you get the name of the company as their ISP number never changes, those from individual computers, whose ISPs change everytime they log off/on, do not provide the name of the registered user, just the info listed above. So I may know that someone from Northport, Al has looked in X # of times but not know who it is by name, and of course when Northbridge or Target are on site I do know their company name as they are using their own firms computers to drop by.

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Saturday, October 17, 2009

Owners Complaint to the Florida Dept of Business & Professional Regulation

Regular readers of this blog know that the Board of Directors and Officers of the Assn. (they are the same 3 people for the 7 positions) are worthless and have no interest in the running of the condo. Here is another example of how disinterested they are. Further down in the blog you will find a copy of my inquiry to the BOD asking when the 2nd owner would be elected to the BOD.
I never expected a reply and of course none was forthcoming. Having complied with the requirement to send it via 'certified mail' and having the required 30 days pass, I then filed with the Florida DBPR Bureau of Compliance, a formal complaint, about the BOD's failure to address the matter as they are required to do.

As you can see from the attached letter from the DBPR Investigator the matter has now been taken up by the State and a failure to reply to them may result in serious problems for the BOD.

Double click for larger image or print out.


Lower down on the blog, at the two September 2, 2009 posts, you will find information about how to file such a complaint. The State will only investigate violations of law, not violations of condo regulations, many times they are the same thing but if your complaint involves only the condo documents they can not assist you.

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Wednesday, September 2, 2009

Problems in Getting Condo Documents?


Here is what you need to do if your requests for documents are unproductive:


Pursuant to Section 718.111(12)(c), F.S.
-- The official records of the association are open to inspection by any association member or the authorized representative of such member at all reasonable times. The right to inspect the records includes the right to make or obtain copies, at the reasonable expense, if any, of the association member. The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying.

Pursuant to Section 718.111(12)(c)1., F.S.

-- Any record protected by the lawyer-client privilege as described in s. 90.502; and any record protected by the work-product privilege, including any record prepared by an association attorney or prepared at the attorney's express direction; which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association, and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or which was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings until the conclusion of the litigation or adversarial administrative proceedings.
Pursuant to Section 718.501(d)7, F.S.
--If a unit owner presents the division with proof that the unit owner has requested access to official records in writing by certified mail, and that after 10 days the unit owner again made the same request for access to official records in writing by certified mail, and that more than 10 days has elapsed since the second request and the association has still failed or refused to provide access to official records as required by this chapter, the division shall issue a subpoena requiring production of the requested records where the records are kept pursuant to s. 718.112.

If you have questions: Phone Customer Contact Center at 800-226-9101 The hours of operation are 8:00 a.m. - 6:00 p.m., Monday through Friday or write/fax to:
Michael Cochran, Director
1940 N. Monroe Street
Northwood Centre, Suite #16
Tallahassee, FL 32399-1030
Phone: 850.488.1631
Fax: 850.921.5446

Saturday, August 15, 2009

Update on Grills - Violations Continue

The below post originally appeared on the blog on May 14th when there were at least 12 grills outside units. Then warning letters went out and perhaps half complied and removed their grills.

On 8/12/09 a brief look at about half the complex revealed at least six grills still on the stoops and clearly being used. Most of the larger grills are gone but the smaller Hibachi types remain, for instance in front of units 701 and 711. So the 'crackdown' didn't accomplish what it should have.

We are suppose to have a 'fining committee' so why isn't that being used?
Photos 8/13 701 & 711
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Illegal Grills Crackdown - a few already gone, others will be:

In the summer and fall of 2007 the management firm was 'Seagrove on the beach'', probably one of only 3 things they actually did was to clean up certain aspects of the complex. The major item was to entirely eliminate private outdoor grills. It wasn't easy and took a lot of huffing and puffing, but they did entirely disappear.

The primary reason for NOT allowing personal grills is simple, it is a major fire hazard and is totally banned by the condo documents. It also has a negative effect on how the complex looks, making NCC look like 1960's trailer park. The complex has a number of grills at authorized grill sites which are available on a first come first served basis.

As of May we now have at least 12 grills stored outside various units. Probably 3 are outside 'owned' units and 9 outside 'rented' units. I think that most owners got the message that there is a fire hazard to having individual grills and have complied with the requirements, the renters obviously have no stake in the complex and are quite pleased to use and store their grills outside their units. At least 3 have propane canisters attached.




Some residents have been spoken to about the grill matter and a few have been removed. 'Final Notices' are going out.


See additional grill photos at: http://nccgrills.blogspot.com


NCC Provides several areas for residents to safely use the provided grills and picnic tables:

Schedule "RR" - Rules and Regulations for Nautilus Cove, a Condominium, in Section A at #13 - "Use of barbecue grills will be allowed only in areas designated as safe and appropirate by the Board of Directors of the Association. No flammable, combustible or explosive fluids, chemicals or other substances shall be kept in any Unit or on the Common Elements."

Friday, August 7, 2009

Law Protects Renters From Foreclosure Eviction


Under the new foreclosure prevention bill President Barack Obama signed into law on May 20, renters scored a victory against foreclosure evictions.

Starting immediately, the "Helping Families Save Their Homes Act" allows tenants who pay their rent on time to remain in their foreclosed rentals through the end of their lease, unless the bank sells the property to someone who intends to make it their own residence, according to the Associated Press. If the home is sold to an investor or back to the lender, the new owner will have to allow the tenants to stay in the property for the full duration of the lease.

“These landmark pieces of legislation will protect hardworking Americans, crack down on those who seek to take advantage of them, and ensure that the problems that led us into this crisis never happen again,” said President Obama in a prepared statement.

Renters with no lease will be allowed to stay in their homes for 90 days after the foreclosure. The law is scheduled to expire in 2012. Before the new law, renters had little recourse because existing leases are terminated in a foreclosure sale. Now foreclosure buyers need to give the occupants a 90-day notice to leave. Tenants with a month-to-month lease are also entitled to a 90-day notice.
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For Details see:
http://tinyurl.com/qgqx7h

Tuesday, July 28, 2009

Follow Up to our Meth Lab Arrests:

In case you were wondering what happened in the big Meth Lab bust in condo 1502 here is the updated info for Hammock and Dunkley:

Daniel Hammock and Lisa Dunkley remain incarcerated. Hammock in the Bay County Jail, pending the outcome of the various charges from this July 22nd 2008 arrest in unit 1502 here at Nautilus Cove and Dunkley having entered a guilty plea now moves to a State Prison, probably in Broward County.

Daniel Hammock, in addition to the main charge of 'TRAFFICKING IN METHAMPHETAMINE', here had 9 other charges filed in this Nautilus Cove arrest. The case remains in court with the next appearance set for Sept. 29, 2009. Hammock manages to get into trouble even while in jail with the latest charge being: 'INTRODUCTION OF CONTRABAND INTO COUNTY DETENTION FACILITY', this is still pending from last year. His record goes back to 1995 and is far too long to even summarize.


You can look him up at: http://tinyurl.com/mq4sjz
and: http://www.dc.state.fl.us/InmateReleases/detail.asp?Bookmark=1&From=list&SessionID=849016771

Photo: Bay County Jail

and

Defendant Lisa Dunkley entered a Nolo-Contendere plea to Count 1, and was adjudicated Guilty to one count of Trafficking in Methamphetamine a 1st Degree Felony and received a sentence of 4 years with credit of 268 days for time served. Release date set for: 7/1/12. Counts 2 through 8, (Child Abuse and Possession of a Listed Chemical) were Nolle Prossed (dropped). In imposing the sentence the court further recommended Dunkleys placement at Broward Correctional Institution for Modalitty II Drug Treatment and entered a civil judgement for any monies owed. Currently being held at the Gadsden C.F.



For Details See: http://tinyurl.com/l8lw5u

and:
http://www.dc.state.fl.us/ActiveInmates/detail.asp?Bookmark=1&From=list&SessionID=849096549


If you want to see the original S.O. Press Release scroll down this blog to the entry for September 12, 2008 and view the: Bay County Sheriffs Office Press Release

Monday, May 25, 2009

How would you like to live at Nautilus Cove Apartments?



Well if you are an owner resident here, then you already live at Nautilus Cove Apartments. So why did you spend $150-200,000 to buy here when you could live here for a heck of a lot less-

For details see: http://tinyurl.com/okbg2f

Floorplans & Rents:
Two Bedroom Floor Plan $ 895
Three Bedroom Floor Plan $ 995
Four Bedroom Floor Plan $ 1095

Leasing Information:
Lease terms offered: 12 months, flexible lease for shorter terms. $200 reservation fee, $350 refundable deposit, $50 application fee.

Saturday, May 2, 2009

Information for Renters and Landlords:

Oral and written leases

A lease is an agreement to rent property. It may be written or oral. Most are written, however, because oral agreements can be subject to misunderstandings. A written lease can be in the form of a formal contract or simply a copy of a letter that states the rights an obligations of both tenant and landlord. Florida law requires that most notices to and from a landlord must be in writing, even if the rental agreement is oral. In cases where there is no written lease, the term of your rental payment schedule (monthly, weekly, etc.) determines the length of the agreement.

Access to the Premises

Once you lease a dwelling, your right to possession is much the same as if you owned it. The landlord can, however, enter at reasonable times and with proper notice in order to inspect, repair, supply agreed services, or show the property to prospective or actual purchasers, tenants, mortgagees, workers or contractors.

Landlord's Obligation to Maintain Premises

If the unit is a single-family home, duplex, or mobile home, unless otherwise agreed upon in writing, the landlord must:
Comply with building, housing and health codes.
Where there are no applicable building, housing or health codes, maintain the roof, floors, windows, screens, and all other structural components in goo repair; and maintain the plumbing in reasonable working condition.

If the unit is other than a single-family house or duplex, unless otherwise agreed upon in writing, the landlord must:
Provide for extermination of rats, mice, roaches, ands and wood-destroying organisms;
Provide running water and hot water;
Remove garbage from the premises;
Provide a smoke detection device;
Provide locks and keys;
Provide a working heating system; and
Provide for the clean and safe condition of common areas.

Tenant's Obligation to Maintain Premises
The tenant has an obligation to:
Comply with housing and health codes;
Keep the dwelling clean;
Remove garbage from his/her dwelling unit;
Keep plumbing repaired;
Refrain from destroying, damaging or defacing the premises;
Occupy the dwelling without disturbing the peace; and
Refrain from abusing the electrical, plumbing, heating, air conditioning, or other systems furnished by the landlord.

If the Landlord Does Not Comply

You may be able to withhold the rent if your landlord fails to do what the law or the lease requires. You must, however, announce your intention by certified mail at least seven days before the rent is due to allow time to remedy the problem. If the problem is not corrected within the seven days and you withhold the rent, the landlord may take you to court to collect it. Under these circumstances, you must pay the rent into the court registry pending the judge's determination of the case.

If the Tenant Does Not Comply

You can be evicted for not living up to your end of the lease. Depending on the offense, the process for removal varies.

Failure to Meet Lease Obligations

Except for the failure to pay rent, a landlord must notify you, in writing, of the shortcomings and give you seven days to correct the situation. If you do not reply within seven days, the landlord can begin the eviction process.

Non-payment of Rent

The landlord must serve the tenant with a written notice allowing three days (excluding weekends and legal holidays) for you to pay the rent or vacate the premises. If you do not pay within the three days, the landlord may begin the eviction process. The landlord must file suit in the office of the Clerk of the Court in the county where the dwelling is located. The tenant then has five days (excluding weekends and legal holidays) to respond, in writing, to the court. If there is no response from the tenant, a judgment is entered against the tenant. The Clerk of the Court will issue a "Writ of Possession" to be served by the Sheriff notifying the tenant that the tenant will be evicted in 24 hours.

Prohibited Practices

Florida Law does not allow a landlord to force a tenant out by:
Shutting of the utilities;

Denying the tenant access to the premises by changing locks;

Removing the tenant's personal property from the dwelling unless it is a lawful eviction; or

Removing outside doors, locks roof, walls or windows (except for purposes of maintenance, repair or replacement).

If any of these occur, the tenant may sue for actual and consequential damages or three months' rent, whichever is greater, plus court costs and attorney's fees.

Termination of Tenancy

A tenancy without a specific duration may be terminated by either party giving proper written notice (as required by section 83.56(4), Florida Statutes) according to the following time frames:

Yearly Not less than 60 days' notice

Quarterly Not less than 30 days' notice

Monthly Not less than 15 days' notice

Weekly Not less than 7 days' notice

Practical Pointers

If you have a written rental agreement, read it thoroughly before sInging.

If there are any changes to the written rental agreement, get them in writing.

Keep receipts and other records.

Do a walk-through before entering or vacating the premises.

Take pictures of any questionable conditions.

If you have a problem, you must put it in writing and in the proper form. See section 83.51, Florida Statutes.

Sunday, April 26, 2009

FYI: Florida Condo articles -


Now and then I find sites dealing with interesting subjects relating to Florida condos and I mention them on this blog. Here are direct links to 2 which are worth a look and both allow readers comments.

1) Florida Real Estate: Life Among The Toxic Assets
http://tinyurl.com/c992sf

2) The Mystery of Selling Condos - SOLVED!
http://pcbdaily.com/?p=4191

Sunday, April 5, 2009

FYI: An update to old business-


You might recall the below incident here at NCC, it was in the local papers, subject to a press release by the BCSO and reported further down on this blog at: http://nautiluscondosrules.blogspot.com/2008/08/developers-will-rent-to-just-anyone-to.html



Meth Lab Dismantled

"The Bay County Sheriffs Office Special Investigations Division dismantled a Methamphetamine Lab in Bay County yesterday afternoon, July 22, 2008.

Narcotics officers developed information that led to a search warrant on a residence at 1502 Lighthouse Road, Panama City Beach. Investigators discovered five children living within the home and an active methamphetamine lab in the cooking process in the closet and bathroom adjoining the master bedroom."

The developer got his unit back after filing some paperwork and you might be wondering what happened to the 2 adults. Both remain in custody with the next appearance set for a 4/28/2009 Pretrial Conference for Dunkley and one for Hammock on 5/26/2009. If you have the time or interest you can pull up their information at the below click on links:

HAMMOCK, DANIEL RAY Bond set at: $170,000

http://records2.baycoclerk.com/courtcaseweb/CaseDetail.aspx?caseid=1509790

(below charges are just from the NCC arrest)
TRAFFICKING IN METHAMPHETAMINE (893135 1f1)
MANUFACTURE OF A CONTROLLED SUBSTANCE (89313 1a2)
CHILD ABUSE (82703 1)
CHILD ABUSE (82703 1)
CHILD ABUSE (82703 1)
CHILD ABUSE (82703 1)
CHILD ABUSE (82703 1)
RESISTING ARREST WITH VIOLENCE (84301)
POSSESSION OF LISTED CHEMICAL- (893149)
POSSESSION OF LISTED CHEMICAL- (893149)

DUNKLEY, LISA CHRISTINA Bond set at $140,000, the charges are the same except for no Resisting Arrest charge.

http://records2.baycoclerk.com/courtcaseweb/CaseDetail.aspx?txt=Dunkley%2c+Lisa&ps=50&m=name&s=4&caseid=1509776

In theory, NCC condos when rented out by the management firm, require background checks on applicants. Private rentals by owners and their real estate agents do not require such checks, hopefully the realtors fronting for the owners will do so on their own initative but it isn't so far a requirement. It should be!

The potential for additional criminal enterprise here at NCC is great with such a very high ratio of renters to owners (3 to 1).

At the time of the rental to Dunkley and Hammock even the most minor internet check of county records would have revealed their criminal pasts plus Dunkley had been evicted from another rental complex the prior year.

Also see:
http://nautiluscovearrests.blogspot.com

Tuesday, March 10, 2009

The Concord management agreement is now available

scroll down to July 1, 2008 to read the 9 pages, or to print them out. This and other information on this blog is available from the office for any owner to look at or obtain copies. It is posted here for quicker and easier access.

This agreement is pretty standard boiler plate, it runs for one year from July 1, 2008 and is renewable on a monthly basis for 7 years. It provides for any purchases by the manager over $5,000 be put out for competitive bidding and with only a few exceptions, any expenses over $1,000 must be authorized by the BOD.

The managers fee for service is $4,200 a month paid in advance each month (that is $25 per unit x 168 or $50,400 yearly, plus some additional fees) and increases of 5% are provided for each year. "Management Fees" in the 2009 Budget are set at $70,400. The manager is to have at least one person available at all times for management and maintenance.


Friday, January 30, 2009

Florida Landlord/Tenant Law -


About half the 168 condos here are for rent, we have had some very bad tenants here, some rented from the Developer (remember the Meth Lab?) and some rented from owners (think 606!).

Remember folks, check them out BEFORE they take occupancy, once they are in it is Hell to get rid of them, so check them out before you rent to them.

Here are some relevant links FYI:

Landlord/Tenant Law - Florida Division of Consumer Services http://www.800helpfla.com/landlord_text.html

Evicting Your Tenant
http://landlord.com/evicting_your_tenant.htm

Florida Law Help . Org
http://www.floridalawhelp.org/FL/StateSubTopics.cfm/County/%20/City/%20/demoMode/%3D%201/Language/1/State/FL/TextOnly/N/ZipCode/%20/LoggedIn/0/iTopicID/598/sTopicImage/g-housing.gif/bAllState/0%20

Relevant Info Elsewhere on this blog:
http://nautiluscondosrules.blogspot.com/2007/08/information-for-renters-and-landlords.html

Monday, January 5, 2009

Thursday, January 1, 2009