Saturday, November 27, 2010

A Going Away Gift from the Developer Controlled BOD

On 10-4-2010 the Board of Directors voted 3-0 to approve a “Shared Facilities Easement Agreement”, and on 10-6-2010 this 11 page document was filed in Bay County Courts and can be seen at: http://tinyurl.com/26n6r5c  

Since the Developer has not turned over Phase 2 to the Association yet, this easement covers the main 2,200 sq ft ‘Commercial Building’ (ie: Clubhouse), 4 restrooms, exercise room, pool, pool pumps and childrens tot lot. As you will see below the developer will initially pay for the upkeep, BUT will bill us in advance for these estimated expenses at the start of each fiscal year. We are in effect renting these facilities from the developer plus the Developer (ie: Nautilus Development Partners, LLLP) has one office “Reserved for exclusive use by Developer”.

So the outgoing BOD has in effect given the Developer a nice going away present at our expense.  Not only will they have an exclusive office here to rent out their unsold condos but we will be paying their expenses until they finally turn over the Phase 2 of the property which will be many many years in the future.

Some of those associated with Nautilus Development Partners, LLLP are our former BOD member Jay P. Brock and our current BOD member and Vice President/Treasurer Mr. Paul M. Missigman who as of 4/17/09 is listed in Florida Corporation documents as the General Partner of Nautilus Development Partners, LLLP. Can you say “Conflict of Interest?”
 Exerts from the 11 pages filed:



Thursday, November 25, 2010

Consider A Complaint With the Florida DBPR.

If you have a complaint about serious issues  you can file a complaint with the State of Florida see: http://www.myflorida.com/dbpr/lsc/index.html

Keep in mind that this division enforces the LAW and not the condo DOCUMENTS.

In many cases both the law and the documents are the same but the DBPR only handles complaints where the BOD is violating or in non-compliance with Florida statutes.


F.Y.I. Other direct links to Florida law can be found at:

The Condominium Act, Chapter 718, F.S.,
The Cooperative Act, Chapter 719, F.S.,
The Florida Mobile Home Act, Chapter 723, F.S.,
The Florida Vacation Plan and Timesharing Act, Chapter 721, F.S

Saturday, November 6, 2010

Case #09-002153-CA Closed

The CAHOURS/HUPP case #09-002153CA ended yesterday.  This is the suit where 2 Owners sued the Association over stolen motorcycles, taken from the parking lot when both the gates and the CCTV were broken.  Since it was a joint dismissal a reasonable guess would be that it was in some manner settled, these details are not reflected in the court filings and unless you know one of the parties and they tell you then details may remain unknown.  There was no expenditure of funds for lawyers costs to the Association as the litigation was handled by the insurance company for the Condo Association. 

11/3/2010 CASE CLOSED
11/3/2010 ORDER OF DISMISSAL WITH PREJUDICE - Recorded (OR.3281.1340 / 2010058425)
11/3/2010 LETTER TO JUDGE FENSOM
11/2/2010 JOINT STIP FOR DISMISSAL W/PREJ
full details at:   http://tinyurl.com/2wb8zag
 
Only my suit against the Association remains, this is now into its 3rd year and involves the rental of condos in violation of many sections of our documents.  The part of the case against the Waterstone Resort Realty, the owner of those 4 condos (now foreclosed and resold) used by labor contractors as dorms for overseas workers, was settled several months ago, the Association half of the case continues as no response was ever made to my lawyers efforts to settle with the Condo.  Further actions will be made in the new year if the new BOD does not agree to a settlement.  The prior settlement offer was for the Condo to pay $6,500 of my costs and an agreement that the BOD will enforce the Condo documents as regards to rentals of units here at NCC.  By both Condo documents and Florida law, this is a loser pays all sort of case.  Details are found at:  http://nautiluscovesuit2008.blogspot.com/ and http://tinyurl.com/345t6zx