Tuesday, October 14, 2014

Board Problems Grow at Nautilus Cove



Misc FYI:   In the matter of NCC conflicts, things are now taking a turn for the worse with one of the owners sending an Anonymous email to the VP. You can see this at: http://nautiluscove.proboards.com/

Further, although sent with no name/unit number I do know who the author is due to having had other input from this person during my tenure with wording the same as in this more recent letter.


This years BOD election shapes up as being very contentious and will see the Developer Board member continue and not subject to 'election' but the 2 owner Board members will probably run again, the current Assn. VP having already indicated that this is her intention.   

Should the current Assn President run and be elected you can count on her and the Developer member voting together and cutting the current VP out of any role in the condo.  We have seen this before when during my time at the condo the Developer member teamed up with the Assn. owner Pres Lenny DiGiocomo to cut out the then serving VP from any role in the condo.

In my opinion, based on many years of having to deal with the Developer, any owner who aligns themselves with a Developer Board Member is representing Developer interests and is not be representing the Owners.

We will have to see how this works out but it will probably be a lot messier before things are resolved.
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When I left in Jan of 2013 things were not going well and I was standing for the BOD on the sole platform of removing Condord Management from the property.  

The Developer which is partners with Concord in many ventures, including NCC, offered me a bit above the going market rate for units at NCC and I took advantage of this to unload the condo even though it was at a loss of $78,000.

The author of the newsletter was then President and later she changed places with Ms Webber and took the VP position.  Now there are continued problems at the condo as outlined in the newsletter.

Below is the text followed by the harder to read images of the items



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NAUTILUS COVE (Newsletter)

Non-Functioning Board of Directors
Aug 30, 2014


Over the past year, bicycles parked in common areas has become an eyesore and makes Nautilus Cove Condominiums appear to be a transient property. After notifying Concord Management’s Property Manager, Ms. Lorie Blue, to notify all owners to first, remove them from common areas and if not compliant, to have them towed from the property within a reasonable period of time. This instruction has been given to Ms. Blue on numerous occasions without any action being taken, other than the comment “I’m working on it”. 

After a reasonable time and with no action taken, I sent a letter of violation to all Owners that bikes parked in common areas of property would be towed with a date of towing. 

I did so because the Management Firm does not abide by their contract that states they will enforce all Rules and Regulations of the Association. For this same reason, they will not have their contract renewed and we have hired another Management Firm. 

If The Association does not enforce ALL our R&Rs and a tenant or owner files a lawsuit against us, it is The Association that will pay if the plaintiff wins in court. (And that is the exact case The Association was presented with when the Owner of Unit 708 filed a lawsuit that Nautilus Cove was not enforcing the Rules and Regulations. This suit was settled out of court and The Association (The Owners) paid $7,000 to the Owner of 708. This suit was filed upon The Association because it would not enforce the Rule & Regulation regarding dogs on property). 

To continue, the date passed for towing of the bikes still on property as I was delayed in taking action due to my husband’s hospitalization. The Board Members and the Fines Committee were copied on all correspondence without any feedback. I then sent another letter to Owners again with an extension of towing date. I had no contact or correspondence from Ms. Webber regarding this issue, as she states in her letter. If she would have instructed me not to have them towed, I would have explained that she does not have the authority to refuse to enforce the Rules and Regulations, etc. 

It should also be noted, that the President chose to send this letter immediately after I had posted a towing tag on a vehicle parked in a non-numbered parking space near the 8 Building that had an expired vehicle tag since 6/14. I advised the Concord Management Property Manager, Lorie Blue, to call the towing company and if the violation was not corrected by the following day, to have the vehicle towed. Once again, the vehicle still sits in the parking space with expired tags as I send you this letter. Note that this violation is also addressed in Item 2, above. Turns out, the vehicle is a friend who is staying with the President in her unit. I ask, why does The President feel she does not have to follow the Rules & Regulations as everyone else does? 

In December, 2013, the Secretary/Treasurer, Norman Knight, was appointed to the Board by the Developer, and the President, Jaime Webber was appointed by the Board Members, I stepped down to the Vice-President’s position. At that time, I had many personal commitments to fulfill and simply did not feel I would be able to be as diligent in fulfilling the President’s position as I had done for the previous two years. In no way, did I feel that I no longer had an obligation to fulfill my fiduciary responsibilities to Owners, though. As time passed, I became quite concerned as the President informed me that I should direct all questions and issues to the Property Manager, as she was too busy. I sent a letter in response informing her that this is not how an Association worked. It is the Association who directs and informs the Property Management Company of what needs to be done or corrected. To date, I have not had a response from The President. 

Since our Board has a President that does not follow the Rules and Regulations herself, (Bikes parked on common ground, a dog that is over 36 pounds that has not been given written permission, and having a vehicle with expired tags of an un-registered occupant, I do not feel that I should be held responsible for payment of the charge for towing. 

If fact, it is the Management Firm who should pay this bill for directly refusing to enforce Nautilus Cove Rules and Regulations! And that is what I stated in an email I sent to Ms. Blue (copies to other Board Members, also).

I would appreciate your input regarding the following questions–

1. Should Nautilus Cove continue enforcing all Rules and Regulations?
2. Should the cost of Attorney Fee for this certified and recorded document be applied to the President as it is unwarranted and towing was in accordance with our Rules and Regulations, By-Laws and Declaration?
3. Should the Vice President be assessed for this invoice?
4. Should my account be charged with a delinquency if not paid?
5. Do you feel that abiding by the Rules and Regulations warrants a threat of removal from the Board?
6. Should Concord be responsible to payment of this bill for non-compliance?
7. Should the Board increase the number of positions on the Board from 3 to 5?
8. Should the Board indicate on Future Board Member Voting Ballots the position each candidate is running for, as opposed to the Board selecting the Position to be Held?


If you reply, it is important that you send it to ALL Board Members listed below; 
Jwebber223@yahoo.com Babs43@wowway.net nknight@ndkconstsvcs.com

I look forward to the opportunity to continue to serve the Association, its Owners, and its residents in the future. Speaking of continued service, I want to let all those who have been asking if I plan to run for President of The Board again. Yes, I do. I appreciate all of you so much and the interest taken by all of you to assure this resort continues to be known as one of the finest, first-class resorts on Panama City Beach.

Please let us know if there are any questions or concerns we may address.

Babs Simmons
Vice-President
Nautilus Cove Resort 
Homeowners Assoc.










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Letter from President to Vice-President
Mrs. Barbara Simmons
802 Cape Cod Drive
Panama City Beach, FL32408

Re: Towing of Bicycles

Dear Barbara--

This letter is written in response to your unilateral action of having bicycles towed from the property last week without Board approval and against my specific instructions. As a result of your actions the Association incurred an expense of $177.50 to retrieve the bicycles and a basketball hoop on behalf of the owners. Hopefully, this will prevent the Association being sued for your actions.



I have discussed this situation with legal counsel and I have been advised that the expense associated with obtaining the return of the bicycles can be assessed against you. Because I told you not to have the bicycles towed, J feel you should be the one to shoulder this expense. I am therefore enclosing a copy of the invoice, addressed to you, and requesting that you pay the invoice immediately. If you do not pay the invoice, the Association will pay it and assess your account. If you do not pay this obligation, you will be considered delinquent and will be treated accordingly. It could result in your removal from the Board.


In the future I ask that you not undertake unilateral actions as a Board member and that you abide by the decisions of the Board and its officers so we do not have a repeat of this type of situation. This includes writing violations to residents or owners. Violations will be reported to the management company for formal violation letters and action.

Jaime Webber
President
8/25/2014


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