Monday, June 25, 2012

Take a look at our 2 Message Boards

Update:  You can take a look at both boards and see what people thought and complained about 4 yrs ago and yesterday.   The last comment was from Troy Holland, our former Service Manager who was here 10 months, go see what he had to say, and feel free to use either board (or both) to post your own comments.  These are set up to be your means of communication and comment for our complex, both Owners and renters are welcome.

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This site is not taking any 'comments' from readers, but some months ago a message board was put up so that residents or Owners could comment, ask questions etc.  It hasn't been used that much lately but keep in mind that it is available and you do not need to 'register' in order to read or post.  
The direct link is:  http://nautiluscove.proboards.com/index.cgi and a second and older board is found at: http://pub40.bravenet.com/forum/static/show.php?usernum=3420323947&frmid=702&msgid=0

Saturday, June 23, 2012

Condo Q & A's






Click on link for interesting articles about Condos in Florida, other states, condo stories and various Florida condo court decisions:
FYI:  A condo advice column is available to read at:
and another is at:

Here is an example:
Can an owner banned from using community amenities get around the rules by using them with another owner?

No.  Florida statutes allow boards to ban delinquent owners from using common areas, such as pools, clubhouses and tennis courts. The suspension of rights applies to the unit owner and their guests and occupants. A delinquent owner cannot do an end-run around those rules by being the guest of a neighbor.

"Aggressive foreclosures backfire on Florida homeowners associations"

Here is a bit of he much longer article, see entire article at: http://www.ccfj.net/HOAFLFORECLbackf.html

Race to Foreclose
"Like banks, homeowners associations have the right to foreclose if people don't pay. But in what Tankel has called a "race to the courthouse steps,'' the associations have an advantage.

Because most owners owe less than $15,000, associations can file their cases in county court instead of circuit court with its heavier caseloads and higher dollar amounts. That way an association can get a final judgment of foreclosure in as few as 270 days, compared to the 800 days it takes for the average bank foreclosure in Florida.

After the foreclosure, the property usually goes to auction, where buyers pay a few thousand dollars to cover delinquent fees. If no one bids, the association can negotiate its own sale. Either way, the new owner can then rent out the home while the bank foreclosure drags on."

At NCC we 'temporarily own' three units (401, 702, 705) they are rented out and 3 more are coming up for auction June 5th:  506 Glass, 615 Gayatin, 701 Jarrett, we may also end up with these 3 condos to rent out. In order to 'break even' it seems that we would have to hold onto and rent out such units for an average of 20 months each. 

I believe we would have been better off letting the banks and mortgage companies do the heavy lifting and collecting from them when they foreclosed.  We can NOT sell these units and the holders of the first mortgages will eventually go to court and take them back from us.  Further info at:  http://tinyurl.com/6t7azjt

The only one to defnitely benefit from all this upheavel and drama is the association lawyer, Hess/Applebaum, who will come out of this with a profit of at least $24,000 and that is theirs even if we don't hold those units for the 20 months.

If you want to follow the auction you can do so on the Bay County Clerk's site at: https://www.bay.realforeclose.com/index.cfm

Friday, June 22, 2012

BofA wants its unit 701 Back - Sues NCC

Nautilus Cove Condo has now been filed on in a Foreclosure action by the Bank of America who are attempting to take back #701 the condo that NCC recently acquired via our Foreclosure action against Jarrett.

You might recall that NCC had filed 12/12/11 for Foreclosure on the #701 Jarrett unit for unpaid association dues. The unit went through foreclosure, auction and we have just obtained a 'deed' on 6/21/12 to the unit.

Bank of America now moves to recover their unit from:
Jarrett (now gone), Unknown Tenants and Nautilus Cove Condo Assn.
(BOA took over from Countrywide and the original note on #701 was $166,426 on 2/22/07, now BOA wants the unit which we 'in theory' own)

This filing means more legal costs to us at NCC as BOA will take back the unit from us and whatever tenants we are renting to will be evicted.

At least in regard to the #701 unit this whole nonsense has proved to be a total waste of time on our part. To at least 'break even' on the matter we would have to have rented out the unit for 18 months, clearly this is unlikely.
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Sunday, June 17, 2012

Some reading material for you-

This site has been on the blog for several years and worked its way to the bottom.  I've brought it back to the top and made some changes.  It is worth a look.

This is the main site, enjoy the music while you look at it.  http://www.ccfj.net/  

Condo News Articles:  http://www.ccfj.net/PNEWS.htm

Click on link for interesting articles about Condos in Florida, other states, condo stories and various Florida condo court decisions:
http://www.ccfj.net/condoaart.html

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Also FYI:   A condo advice column is available to read at: 
http://blogs.sun-sentinel.com/condoblog/
and another is at: 
http://www.sun-sentinel.com/business/sfl-consumer-vasquez,0,710891.columnist

TAKE ALL THE RENT - NOT JUST SOME
When the statute was originally amended in 2010, the law allowed the condominium association or HOA to collect the monthly amount of the assessment from the tenant of a delinquent unit owner. The statute has now been amended in 2011, to allow the association to collect all of the rent from the tenant and apply all of it to the outstanding sums owed by the delinquent unit owner. In order to make the demand on the tenant, the association is required to use a form as provided for in the statute.

A lawsuit has been filed in federal court challenging the constitutionality of the statute alleging that the landlord is deprived of due process because he or she never gets the opportunity to dispute the delinquency before the association takes his or her rent.

CREATING COMMUNITY DIRECTORIES

Unit owners have always been provided the protection under Florida Condominium and HOA law from ensuring that certain personal information like phone numbers, fax numbers and e-mail addresses were protected from disclosure to other unit owners by the association. The statute has now been amended to allow these unit owners to waive this protection and consent in writing to disclosure of this information to fellow owners. The primary purpose of this amendment is to allow communities the ability to publish a community directory. 

Note:  Another way to find Owner address and tax information is by using the Bay County Appraisers site at:  http://qpublic.net/bay/index-search.html  The easiest way to access all the records at once is to click on the blue "Search by Parcel Range" choice and put in Starting:  40000-100-000  Ending:  40000-100-170.  Many owners do not live on property and this site will give you their mailing address as well as unit address and it is much more informative than our own records plus you can use the click on link to go directly to the County tax records.

Wednesday, June 6, 2012

2 of 3 Auctioned Condos on 6/5/12 go to Nautilus Cove Condo

In the auction of 3 delinquent units on June 5th, 2 went to NCC (701 and 506) with one going to a third party (615).  This makes 5 units taken over by the condo and the new ones will also be rented out until the 1st mortgage holder takes them from us.  We can not sell these five units as the 1st mortgage holder has a claim on them superior to ours. 

These units have already been taken by NCC at auction on 3/30/12 and are being rented out: 401 Thomas, 702 Ussery and 705 Reyes.

Right click for larger image then click on 'open in new window'.
 
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Monday, June 4, 2012

More Bid-A-Wee news FYI

6/6/12 Update:   The PCB Mayor has received an official letter advising her that the City is on notice that a suit is being filed regarding "false arrest, malicious prosecution, negligence, negligent retention, negligent enforcement, violation of his civil rights, and for any other civil action, including the date of injury July 29, 2011.”
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Although not actually of any concern to NCC I have from time to time reported on the antics of the dysfunctional 599 home subdivision just across the street from us. My favorite comment was that it was as entertaining as watching a 'barrel full of monkeys'.

You might recall that they put up 6 locking gates to bar people from 'their' beaches. Well, unfortunately those gates are still up, but the drama continues and now the PCBPD and a former Officer named John Kelly will be sued in civil court and perhaps also the Bid A Wee Association and the various BOD members, both current and past. 


Their former BAW 'President' Jimmy Smith, resigned in disgrace when a trumped up series of Felony charges he brought against an Owner there fell apart in Bay County Court, after a long days trial the jury returned a Not Guilty verdict in what courthouse observers said was a 'record breaking' 45 minutes.  

It is to long to go into here but you can find all the info from soup to nuts at:
http://bidaweeeasement.blogspot.com/