Thursday, September 27, 2012

Which BOD member works for Concord?

So here is a question for Owners - Which of our BOD members works for Concord Management, Ltd?
A)  Simmons,
B)  Troncale,
C)  Knight

About 16 months ago I asked the person, via the office, to provide information as to what their job was with Concord and what they got paid.

The person sent back the word that they declined to provide this information.  Here is what page 9 of the 10 page Management Contract has to say about it: 

"17 STATUORY DISCLOSURES

(b) MANAGER IS DIRECTLY OR INDIRECTLY RESPONSIBLE FOR THE PAYMENT OF COMPENSATION TO ___________ AN ASSOCIATION BOARD MEMBER."

So which of our Board members do you think works for Concord (ie: the 'manager' above')?

Answer: 

C)  Norman Knight, the developers representative on our BOD also works for Concord Management, Ltd and the information comes from their own Management Agreement.

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This week 88 Owners received the below post card, shown below with text on back.  The information points out that Concord Management is part of a 4 firm 'Team' that builds, rents, sells and manages properties like ours and it further points out that in my opinion we need to get a new management firm, one that works for the Owners here at NCC and not for the developer or their 'Team'.  

Concord Management takes far to much of their time in renting out and managing the developers 56 unsold condos and not enough time tending to our Association business.  We are in effect paying for Concord to work for the developer.

Don't take my word for all this look at the management agreement of Oct 4, 2010 posted on this blog site at: 
http://nautiluscondosrules.blogspot.com/2010/10/blog-post_13.html 
or the Atlantic Housing site at:  http://www.atlantichousing.com/ourteam.html





During the term of the next Board of Directors in 2013, the Concord Management Contract will be up for renewal or a new management firm could be chosen. Owners here might recall that such contracts were year to year until the Developer controlled Board had a last minute outgoing BOD meeting 10/4/10 and gave a 3 year contract to Concord Management Ltd.
 

 
This was just 2 months before the December 2010 Turnover, where the Owners took control of the condo and we could have chosen a different firm to run Nautilus Cove. This last minute Board meeting just gave us 3 more years of poor management from Concord.

It is very important that when the Concord contract is up that we hire a better firm, one that is not part of the 4 member 'Team' of the Developer.

We need a management company that will represent the Owners and not continue to be in the hip pocket of the Developer.

If you have complaints about Concord you should let the current BOD know about them. When choosing the next Board you should be sure to vote for those 2 Owners who will promise to change Management firms.

Tuesday, September 25, 2012

Interesting filings regarding #306

#306 is the old Rodney C. Smith unit that NCC filed foreclosure on 11/1/2011 and it was sold at auction to Jeffrey J. Osterhout for $14,300, on 4/10/12. By this time local Attorney Denise H. Rowan Fla Bar #0564532, representing Hancock Bank of Mississippi, had also filed a Lis Pendens.

Right click and 'open in new window' for larger image:


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Earlier this month the unit was delinquent by $1,158.75, to the Association in unpaid dues, this has probably grown by another $675 for unpaid 4th quarter dues.

The temporary owner, Jeffrey Osterhout, of 1112 Arthur Ave, Panama City and Paula J Coffey of  9106 Jamaica Bch, Galveston, Tx, created a Limited Liability Company 8/28/12 called JOPC, LLC (just their first and last initials) and then, on 8/29/12 Osterhout transferred by the unit Quit Claim deed to JOPC, LLC for $100.  This is usually done to avoid any personal liability.
Osterhout and Coffey, at some future time, through their LLC, will have to deal with the 8/6/07 mortgage of $197,600 written by Peoples First Community Bank, which is now being handled by Hancock Bank, with Hancock attorney Rowan, filing 'Lis Pendens' on the unit 3/30/2012.

Neither Osterhout or the new LLC can sell this unit as in Florida the holder of the first mortgage has the best claim to the unit.

If this unit is now rented, or is rented in the future, it might be a good idea to move immediately to compel any tenant to pay directly to the Association, any rental payments until the delinquency is paid off.

Monday, September 24, 2012

Have something to say about Nautilus Cove?
or
  Just want to see what others have said?
Go to the NCC Message Board at this direct link: 
  http://nautiluscove.proboards.com/index.cgi

The Topics So Far Are:
  • Concord Management - What is your opinion?
  • Can Prices at Nautilus Cove go any Lower?
  • NAUTILUS COVE INFO
  • What do you like or dislike at Nautilus Cove?
  • Association v. Management Company - Who Controls
  • Results of the AGM of 1/14/2012
  • 150+ photos of Nautilus Cove  

* Click on for larger image

Also Nautilus Cove is reviewed on this site, it gets a 36% approval rating: http://tinyurl.com/4jr6389  Don't feel too bad, our 'sister community' Stone Harbor only got a 23% approval rating at:  http://tinyurl.com/6ckvyc2

Friday, September 21, 2012

Who Lives on the Property

As of Sept 21, 2012
Of the 168 units only 27 have Home Owner Exemptions, 3 of these can be discounted as 2 have moved away and 1 HE still shows on a unit that NCC has taken over. So it is reasonable to say that probably only 24 Owners actually live on property. 

Most of those remaining 144 units are rented out but at any given time a few of them will be empty and just a few other units are empty due to foreclosures.

In summary of the 112 owned units only 1 in 5 are owner occupied and of the total of 168 units the ratio drops to 1 in 7.

Thursday, September 20, 2012

Bay County Court Activity

Today Bay County Court granted the 'Final Judgment of Eviction' on behalf of Nautilus Development Partners LLLP against Paula Blackwell and Kelee Page of unit #1201.

Also Bank of America filed a 'Lis Pendens' (foreclosure action) against Dr. Joseph Shuflitowski of unit 1602. Dr Shuflitowski originally purchased the 3/2 the condo on 1/16/07 for $169,900.

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Wednesday, September 19, 2012

Owners: F. Y. I.

Nautilus Cove Condominium Association, Inc.

13700 Panama City Beach Parkway, Panama City Beach, FL  32407
                                               
September 17, 2012

Greetings!

 This letter serves as your statement for the fourth quarter 2012 Association dues, as well as any other fees, balances or late fees that may be due on your account. Please submit payments to community address above.

Please make sure that your unit number is on your payment. You may also make payment online at www.concordrents.com. You must use the email address the HOA has on file for you to use this service. If you do not have an email address on file, you may contact the office for assistance. If you pay by echeck, there is no fee.
 
Below you will find your quarterly billed amount, any past assessments that are owed, and any past due or late fees.  If payment has already been submitted, thank you!

       Amt Due
Date
Transaction Description
 
675.00
10/1/12
Fourth Qtr. Association Dues
 

Some things in the Florida Condo Regulations you might want to know about

718.103 Definitions.--As used in this chapter, the term:
(4) "Board of administration" or "board" means the board of directors or other representative body which is responsible for administration of the association.

(7) "Committee" means a group of board members, unit owners, or board members and unit owners appointed by the board or a member of the board to make recommendations to the board regarding the proposed annual budget or to take action on behalf of the board.

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718.113 Maintenance; limitation upon improvement; display of flag; hurricane shutters; display of religious decorations.

(4) Any unit owner may display one portable, removable United States flag in a respectful way and, on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day, may display in a respectful way portable, removable official flags, not larger than 41/2 feet by 6 feet, that represent the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, regardless of any declaration rules or requirements dealing with flags or decorations.

(7) An association may not refuse the request of a unit owner for a reasonable accommodation for the attachment on the mantel or frame of the door of the unit owner of a religious object not to exceed 3 inches wide, 6 inches high, and 1.5 inches deep.

(12) OFFICIAL RECORDS.-- 7. A current roster of all unit owners and their mailing addresses, unit identifications, voting certifications, and, if known, telephone numbers.

The association shall also maintain the electronic mailing addresses and the numbers designated by unit owners for receiving notice sent by electronic transmission of those unit owners consenting to receive notice by electronic transmission. The electronic mailing addresses and numbers provided by unit owners to receive notice by electronic transmission shall be removed from association records when consent to receive notice by electronic transmission is revoked. However, the association is not liable for an erroneous disclosure of the electronic mail address or the number for receiving electronic transmission of notices.

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718.111 (11)3(h) The association.-- The association shall maintain insurance or fidelity bonding of all persons who control or disburse funds of the association. The insurance policy or fidelity bond must cover the maximum funds that will be in the custody of the association or its management agent at any one time. As used in this paragraph, the term "persons who control or disburse funds of the association" includes, but is not limited to, those individuals authorized to sign checks on behalf of the association, and the president, secretary, and treasurer of the association. The association shall bear the cost of any such bonding.

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718.125 Attorney's fees.--If a contract or lease between a condominium unit owner or association and a developer contains a provision allowing attorney's fees to the developer, should any litigation arise under the provisions of the contract or lease, the court shall also allow reasonable attorney's fees to the unit owner or association when the unit owner or association prevails in any action by or against the unit owner or association with respect to the contract or lease.
==========================

718.112 Bylaws.--
2) REQUIRED PROVISIONS.--The bylaws shall provide for the following and, if they do not do so, shall be deemed to include the following:(2)(a). Administration.--
The form of administration of the association shall be described indicating the title of the officers and board of administration and specifying the powers, duties, manner of selection and removal, and compensation, if any, of officers and boards. In the absence of such a provision, the board of administration shall be composed of five members, except in the case of a condominium which has five or fewer units, in which case in a not-for-profit corporation the board shall consist of not fewer than three members. In the absence of provisions to the contrary in the bylaws, the board of administration shall have a president, a secretary, and a treasurer, who shall perform the duties of such officers customarily performed by officers of corporations. Unless prohibited in the bylaws, the board of administration may appoint other officers and grant them the duties it deems appropriate. Unless otherwise provided in the bylaws, the officers shall serve without compensation and at the pleasure of the board of administration. Unless otherwise provided in the bylaws, the members of the board shall serve without compensation.

(2)(a)2. When a unit owner files a written inquiry by certified mail with the board of administration, the board shall respond in writing to the unit owner within 30 days of receipt of the inquiry. The board's response shall either give a substantive response to the inquirer, notify the inquirer that a legal opinion has been requested, or notify the inquirer that advice has been requested from the division. If the board requests advice from the division, the board shall, within 10 days of its receipt of the advice, provide in writing a substantive response to the inquirer. If a legal opinion is requested, the board shall, within 60 days after the receipt of the inquiry, provide in writing a substantive response to the inquiry. The failure to provide a substantive response to the inquiry as provided herein precludes the board from recovering attorney's fees and costs in any subsequent litigation, administrative proceeding, or arbitration arising out of the inquiry. The association may through its board of administration adopt reasonable rules and regulations regarding the frequency and manner of responding to unit owner inquiries, one of which may be that the association is only obligated to respond to one written inquiry per unit in any given 30-day period. In such a case, any additional inquiry or inquiries must be responded to in the subsequent 30-day period, or periods, as applicable.

(2)(n) Director or officer delinquencies.--A director or officer more than 90 days delinquent in the payment of regular assessments shall be deemed to have abandoned the office, creating a vacancy in the office to be filled according to law.

(2)(d) Unit owner meetings.--

1. There shall be an annual meeting of the unit owners held at the location provided in the association bylaws and, if the bylaws are silent as to the location, the meeting shall be held within 45 miles of the condominium property. However, such distance requirement does not apply to an association governing a timeshare condominium. Unless the bylaws provide otherwise, a vacancy on the board caused by the expiration of a director's term shall be filled by electing a new board member, and the election shall be by secret ballot; however, if the number of vacancies equals or exceeds the number of candidates, no election is required. The terms of all members of the board shall expire at the annual meeting and such board members may stand for reelection unless otherwise permitted by the bylaws. In the event that the bylaws permit staggered terms of no more than 2 years and upon approval of a majority of the total voting interests, the association board members may serve 2-year staggered terms. If no person is interested in or demonstrates an intention to run for the position of a board member whose term has expired according to the provisions of this subparagraph, such board member whose term has expired shall be automatically reappointed to the board of administration and need not stand for reelection. In a condominium association of more than 10 units, coowners of a unit may not serve as members of the board of directors at the same time. Any unit owner desiring to be a candidate for board membership shall comply with subparagraph 3. A person who has been suspended or removed by the division under this chapter, or who is delinquent in the payment of any fee or assessment as provided in paragraph (n), is not eligible for board membership.

7. Any unit owner may tape record or videotape a meeting of the unit owners subject to reasonable rules adopted by the division.

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718.303 Obligations of owners; waiver; levy of fine against unit by association.--

(1) Each unit owner, each tenant and other invitee, and each association shall be governed by, and shall comply with the provisions of, this chapter, the declaration, the documents creating the association, and the association bylaws and the provisions thereof shall be deemed expressly incorporated into any lease of a unit. Actions for damages or for injunctive relief, or both, for failure to comply with these provisions may be brought by the association or by a unit owner against:
(a) The association.
(b) A unit owner.
(c) Directors designated by the developer, for actions taken by them prior to the time control of the association is assumed by unit owners other than the developer.
(d) Any director who willfully and knowingly fails to comply with these provisions.
(e) Any tenant leasing a unit, and any other invitee occupying a unit.
The prevailing party in any such action or in any action in which the purchaser claims a right of voidability based upon contractual provisions as required in s. 718.503(1)(a) is entitled to recover reasonable attorney's fees. A unit owner prevailing in an action between the association and the unit owner under this section, in addition to recovering his or her reasonable attorney's fees, may recover additional amounts as determined by the court to be necessary to reimburse the unit owner for his or her share of assessments levied by the association to fund its expenses of the litigation. This relief does not exclude other remedies provided by law. Actions arising under this subsection shall not be deemed to be actions for specific performance.

(3) If the declaration or bylaws so provide, the association may levy reasonable fines against a unit for the failure of the owner of the unit, or its occupant, licensee, or invitee, to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. No fine will become a lien against a unit. No fine may exceed $100 per violation. However, a fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, provided that no such fine shall in the aggregate exceed $1,000. No fine may be levied except after giving reasonable notice and opportunity for a hearing to the unit owner and, if applicable, its licensee or invitee. The hearing must be held before a committee of other unit owners who are neither board members nor persons residing in a board member's household. If the committee does not agree with the fine, the fine may not be levied. The provisions of this subsection do not apply to unoccupied units.

Friday, September 14, 2012

Delinquency List & BOD Meeting Minutes of 7/21/12

You can see current and past Delinquency List's, Owners List's, and old condo newsletters at: http://nccownerslist.blogspot.com/
 
Sept 2012 Delinquency List:
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Additional BOD Minutes from 4/13/12, 4/7/12 and 2/9/12 have been added to the other BOD Minutes going back six years. To see these go to: http://tinyurl.com/66zdaor
For larger image right click and open in new window:

P. 1 para #3 Financial Info - Keep in mind that while we temporarily 'own' 5 units that when considering any rental income derived from such ownership that you need to consider that we are losing $225 a month in 'income' as we do NOT get that condo association fee from these units, that amounts to $1,125 per month and $13,500 per year we are NOT collecting while the units belong to us.

Sunday, September 9, 2012

Useful Info FYI:

Panama City Beach:
Panama City Beach Government  http://www.pcbgov.com/  
PCB City Government Directory  http://www.pcbgov.com/city_directory.htm
Community Redevelopment Agency (PCB)  
http://www.pcbonthemove.com/
Pier Park Information  http://www.pcbeach.org/community/pier-park  
Panama City Beach Police  http://www.beachpolice.com/

Bay County:
Bay County Property Appraisers Office  http://www.qpublic.net/bay/index.html
Bay County Sheriff’s Office  http://www.bayso.org/
Bay County Court Clerk   http://www.baycoclerk.com/ 
New airport information  http://newpcairport.com/   

Hurricane and Disaster:
National Hurricane Center  http://www.nhc.noaa.gov/index.shtml 
FL storm surge zones, evacuation zones and routes
  http://floridadisaster.org/PublicMapping/index.htm  
Federal Emergency Management Agency (FEMA)  http://www.fema.gov/

Federal Govt:
White House   http://www.whitehouse.gov/contact
U.S. House of Representatives
   https://writerep.house.gov/writerep/welcome.shtml  
U.S. Senate
   http://www.senate.gov/general/contact_information/senators_cfm.cfm  


Tuesday, September 4, 2012

Is this the Clubhouse at Nautilus Cove?

No, it is 'Spring Lake Cove', in Fruitland, Florida, one of 140 Concord managed properties and most are built exactly the same.

 
Do you wonder why Owners at NCC have such bad service from Concord?

It is because while they are paid by Owners to be our 'Management Company', they really represent the complex developer and work on his behalf in managing and renting out the 56 unsold units here.

Concord is one of 4 companies that build, rent and manage apartment complexes in 7 states. Most are carbon copies of each other. Take a look at our very down market sister community, 1.7 miles from NCC, it is called Stone Harbor and was build 2 years before our community and houses mostly section 8 and welfare occupants. 

That is happening here at NCC, we are sliding down market and soon we will look just as bad as Stone Harbor does now.

Here is what Atlantic Housing says about this 4 firm 'Development Team': 

"Atlantic Housing is the commonly used brand name for our family of companies working in a cooperative effort to develop quality multi-family communities . . . the members of our team include Atlantic Housing, Global Realty, CPG Construction and Concord Management. . . Concord Management is a leader in . . . multi-family and single family affordable rental housing communities."

Make no mistake - the developer still runs this complex and it is run by Concord to represent them and to rent out their 56 units of low income housing.  NCC is run for the developer's benefit and NOT for the benefit of the Owners. 

If you own a condo here then you own a condo in a low income housing complex.

Until we get rid of Concord Mis-Management we will continue to be under the thumb of the developer and the 4 company 'Development Team'. 

Our association dues are paying for Concord to manage and rent out the 56 unsold developer units. 

We need a Board of Directors which will get rid of Concord Management and get us a management firm that will represent the Owners here at Nautilus Cove and not be a shill of the developer.

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Also See the 24 page offer from the Continental management group, one of the umbrella companies of an International firm with over 1,000,000 managed units:  http://nccmanagementcompany.blogspot.com/