FYI: Some Retail changes near NCC

Borders Book Store
Borders is closing all 399 of their stores, including their store in Pier Park.  The store will probably close in late September with a loss of 30 employees.

New Wal-Mart
The Planning Director for PCB confirmed that the new Wally World store will be at the corner of Powell Adams and PCB Pky and will be 70% the size of the existing PCB store, it is expected to be a more upscale store to compete with the next door Tarbutt store.

Improvements include:
• Powell Adams Road widened to 4 lanes with center turn lane (5 lanes total)
• Widening to be taken 1700 feet down Powell Adams from PCB Pkwy
• PCB Pkwy and Powell Adams Road intersection to be signalized
• Three PCB Pkwy entrance points into plaza
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Speaking of Wal Mart - the 23rd Street Wal Mart is also reopening.

In Oct. 2009 the Wal Mart store, 513 W 23rd Street, in Panama City closed when they opened the new super store in Lynn Haven. 

The old store generated $500,000 a year in sales taxes for Panama City and employeed about 250 people.  It had opened originally in 1987.

The reopened store will also expand to include the next door Fashion Bug store and will have a full line of groceries, the total space will be 125,000 sq ft. We will soon have 5 Wal Marts in Bay County.
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Yes Walmart will have 2 PCB Stores  7/29/11

PCB City Council News and Notes - CRA Teams with Wal-Mart

Plans to move ahead with an expansion of Powell Adams Road were also at the Beach council meeting today.

Commissioners agreed to move forward with a CRA partnership with Wal-Mart to expand 1,700 feet of the road to four lanes, meeting CRA standards.

Wal-Mart will contribute $400,000 dollars to the 2 million dollar project.

A May traffic study by WalMart will be followed in July by a meeting between WalMart and PCB officials to discuss the projected 156,000 Sq Ft Wal Mart (30% smaller than the existing PCB Walmart which is 223,168 sq ft) it is to be located 1 mile from Nautilus Cove, at the SE corner of Back Beach Rd and Powell Adams Road. This is adjoining the existing Target store.

A site plan remains to be submitted but the new store will have 780 parking spots and a traffic light is to be placed at the Back Beach and Powell Adams Road intersection.  The existing Front Beach Rd Walmart would remain open.

The site is currently owned by the St. Joe Paper Company, the same firm that owned the land NCC is built on. If Walmart goes ahead completion should take about 18-20 months.

Darn - Missed the 3rd anniversary of our Meth Lab

With all the BS across the street I took my eye off the ball and missed the July 22nd 3rd  anniversary of our very own Meth Lab.  It was in condo #1502.  Take a look at the link which is way down the blog, click on:  http://tinyurl.com/3gr5bcb  for all the details from the Bay County Sheriffs Office Press Release.  That unit was and still is one of those rented out on behalf of the developer. Our 2 former neighbors are:

Danniel R Hammock,  DOB: 03/26/1976, Current Facility: GRACEVILLE C.F., Current Custody: MEDIUM,  Current Release Date: 06/01/2015, Details at: http://tinyurl.com/4yuxoqx

Lisa C. Dunkley, DOB: 6/17/73, Current Facility: HOLLYWOOD W.R.C., Current Custody: COMMUNITY, Current Release Date: 12/15/2011, Details at: http://tinyurl.com/3hpmvjx

FYI: Click on Direct Links for NCC Documents

Click on this direct link to see the meeting minutes for the last 3 years: http://nautiluscondosrules.blogspot.com/2009/03/minutes-of-december-08-annual-general.html
. AGM/BOD Meetings 1/29/11
. AGM/BOD Meetings 12/20/10
. BOD Meeting 10/4/2010
. AGM/BOD Meetings 12/20/2009. BOD Meeting 12/20/2008
. BOD Meeting 12/6/2008 (Adjourned – no quorum)
. BOD Meeting 04/16/2008 (Emergency Meeting)
. BOD Meeting 03/01/2008
. BOD Meeting 12/8/2007
. BOD Written Consent in Lieu of 1st Meeting  4/1/06
 Condo Documents - Direct Links
By-Laws of NCC - http://tinyurl.com/37vbqkz
NCC Articles of Incorporation - http://tinyurl.com/34wp8pj
Rules and Regulations - http://tinyurl.com/39lbjwl
New 10/4/10 Condo Management Agreement - http://tinyurl.com/39sy3cy
Old Condominium Management Agreement - http://tinyurl.com/3x8963n
Balance Sheet of 10/2010 -  http://tinyurl.com/2d4oh4j


Other Nautilus Cove Condo blogs are:
Nautilus Cove Condo - 2008 Civil Suit - http://nautiluscovesuit2008.blogspot.com/
Private Grill are Not Allowed at NCC - http://nccgrills.blogspot.com/
Meth Lab Arrests at NCC (#1502) - http://nautiluscovearrests.blogspot.com/
American Utility Mgmt - http://aumsucks.blogspot.com/

Hard to think of 4 years ago as being "the Good Old Days"

Remember when prices started at $154,900 for a 2/2? Then they went down to $124,900. Now 3/2’s are going for $75,000 (#1606) and 4/3’s for $90,000 (#102).

A lot of reading material here 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

================================================
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.

CANT RUN FOR BOD IF DELINQUENT

Now, a unit owner cannot even run for the Board in a condominium if they are delinquent in the payment of any fee, fine, regular or special assessment to the association at the time they submit their Notice of Intent to Be a Candidate. It is no longer sufficient to allow a delinquent candidate to run for the Board when delinquent and then become seated by becoming current prior to the votes being counted at the annual meeting.

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.

BOARD MEMBER CERTIFICATION

The new law clarifies the certification requirement for Board members. Now, a Board member can get certified by attending a course one year before getting elected to the Board or within 90 days of having been elected. Moreover, recertification is not required if the director serves on the board without interruption. The Florida Legislature did not remove the ability to become certified by simply signing an affidavit.

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Misc FYI:  My blogsite has 300 posts going back to 2007, most people just look at the top 5-6 items and never get any further, take some time and explore the whole site, there is a lot of information plus all the condo documents.

Misc. FYI:

Now and then I get some incoming from owners/renters and sometimes from other folks having problems with their HOAs. I will post the links to this video if anyone wants to take a look at how bad an association can get. I don't know the issues other than the video but the music is nice.

We don't have this problem at NCC, if anything we have the reverse, a BOD that does nothing. So things could be worse, we could be like the "Lakes of Jacaranda" the video gives us:  "A rare glimpse into a hugely dysfunctional Home Owners Ass. in a southwest Florida community".

Thanks to Ken Davies for the videos.  http://youtu.be/hCcKCaW_9rY

Florida's Constitution and laws protect your property from seizure to pay debts.

Here is a short list of the items that a creditor can never take away from you even if the creditor has a judgment against you:
(a) Article X, Section 4, of the Florida Constitution prohibits the seizure of your homestead (except for taxes and mortgages on the property).

(b) The cash value of life insurance policies cannot be seized by a creditor (see Florida Statutes, Section 222.14).

(c) The value of an annuity contract cannot be seized by a creditor (see Florida Statutes, Section 222.14).

(d) Wages of the head of a household cannot be seized by a creditor. Under Florida law, the head of a family includes any person who is providing more than one-half of the support for a child or other dependent.

(e) Earnings from wages that are put into a bank are exempt from garnishment for six months. Always keep proof of the source of all deposits to your bank account to prove to the judge that your wages were the source of all deposits into your account (see Florida Statutes, Section 222.11).

(f) Disability income benefits may not be seized to pay a creditor under Florida law (see Florida Statutes, Section 222.18).

(g) Money kept in 401K plans and other retirement plans such as individual retirement arrangements may not be seized by creditors under Florida Statutes, Section 222.21.

(h)Money placed into prepaid college tuition plans and medical savings accounts may not be seized by creditors and may not be garnished or be subject to legal process in favor of any creditor under Florida Statues, Section 222.22.

(i) A creditor may not seize $1,000 worth of value in a car (see Florida Statutes, Section 222.25).

(j) Any professionally prescribed health aids such as walkers, special beds or other items are exempt from seizure by creditors (see Florida Statutes, Section 222.25(2)).

(k) "Earned income credit" described in 26 U.S.C., Section 32 of the Internal Revenue Code, may not be seized by a creditor even after the amount of the credit has been placed into a bank account (see Florida Statutes, Section 222.25).

(l) Florida's constitutional protections are so powerful that even a criminal who purchases a homestead with the specific intent of defrauding a creditor cannot lose his house (see Havoco of America, Ltd. Vs. Elmer C. Hill, (790 So.2d 1018 Fla. Sup. Ct., 2001).

Mortgages and Foreclosures

Here are some interesting quotes with links to the entire article:

“Some 4.2 million mortgage borrowers are either seriously delinquent or have had their cases referred to lawyers to pursue foreclosure auctions, according to LPS Applied Analytics. Of those, two-thirds have made no payments at all for at least a year, and nearly one-third have gone more than two years.

These cases can go on and on. Nationwide, it takes an average of 565 days to foreclose on borrowers in default from their first missed payments to the final auction. In New York, the average is 800 days and in Florida, where the "robo-signing" issue is particularly combative, it's 807.

If they want to fight evictions hard, borrowers can remain in their homes even longer while their cases are being worked through.”

For additional details see:   http://money.cnn.com/2011/06/09/real_estate/foreclosure_squatter/index.htm?iid=Lead

And also:

Millions Of Homeowners Have Not Made Mortgage Payments In Years

By Chris Morran on June 9, 2011
It now takes an average of 565 days from a homeowner's first missed payment until a lender ultimately forecloses on a property. It takes significantly longer — 807 days on average — in Florida, a state with a large number of underwater mortgages. And then there are all the people who won't necessarily go into foreclosure but who have been advised not to make payments in order to qualify for a loan modification. This all adds up to millions of Americans who have gone at least one year without making a single payment.

Direct link: http://consumerist.com/2011/06/millions-of-homeowners-have-not-made-mortgage-payments-in-years.html

Update:  A bit further down this blog is the post: "How NOT to run a Business:" which deals with the inept firm that has just started to represent NCC as our ‘Registered Agent’. This firm twice filed totally incorrect information as to who are our officers and what positions they occupy (ie:  in correcting their first error they got it wrong again).

A third filing on 6/6/11 got it more or less correct, they have the basic information correct but failed to completely fill out the form.

I asked Concord Management to make sure that this firm did not charge us for 3 filings and their District Manager has assured me this will not happen. I suppose it is expecting to much to have them fired for incompetence but if I were on the BOD they would not represent us and I have mentioned this in a recent letter to them.

From the: What Else Is Going On At Nautilus Cove Dept

Tonya Boutwell is getting tossed out of #302, last year she was evicted 7/21/10 from the Waterstone at Jenks apartments in Panama City. There are also 2 small claims certified judgments in Bay County Records for a Tonya Boutwell with a 'D' and a 'Denise' for the middle name,  (Tyndall Credit Union for $4,999 and State Farm for $11,010) and also under this name are many traffic charges and 2 cases of worthless checks.

Just looking the person up in the County Records, which is available free online, would have save a lot of nonsense and the unit would not have been rented to her in the first place. 

Want to look up a person or firm, do it at: http://records2.baycoclerk.com/CourtCaseWeb/Search.aspx

Want to see who owns what at NCC (or anywhere) go to: http://qpublic.net/bay/index-search.html

Rules and Regulations of Nautilus Cove

Our original set of documents has always been in need of some changes.  These documents are simply copies of generic documents used on many condos and sections of them are not relevant to our complex.

9 months ago I revised the original Rules and Regulations to remove text that has no relevance to our particular condo.  The revised document was presented to the BOD both by email in October 2010 and in hard form at the AGM in January 2011.  It requires a simple aboption by the BOD to update the document, you can see the proposed 'new' RRs at:  http://nautilusrules.blogspot.com/, it has been there since October last year.

No signifigant changes have been made and it only requires a BOD vote to adopt the new set of RRs.  At a later date the BOD should consider making other changes, for instance the RRs conflict in some sections with the 39 page 'Declaration of Condominium', at least in the areas regarding parking regulations and this needs to be standardized.

For the moment the BOD should adopt the revised RR document shown at the above site.

How housing could rebound -- in 2025

Some economists think home prices will remain depressed for a decade or more.

I've been saying 12-15 years and that only gets owners who (like me) bought in 06-08 back to their original purchase price. This does not even take into condideration the $2,700 a year in condo dues, insurance, taxes and whatever you spend in upkeep. So as I said before you will NEVER get your original purchase money back.

CNN Money says in part:  
"House prices have fallen further in the past five years than they did in the Great Depression – and there's no sign the free fall is about to stop", and also:  "So how long till you get your head back above water on a house bought at the top of the market?  Try 2025".

For the entire article see:  http://tinyurl.com/3h8e87l

Even though it seems a good time to buy the market probably won't hit bottom until 2012 and many people are going into rental property rather than take the plunge into homeownership.  At NCC we have had those foreclosed units sell at 45-55% of original prices.  The banks and mortgage companies want to get rid of this inventory so such good deals will probably take those distressed condos off the market a few months after they are available for sale.  This is good news for the new Owners and it helps to have those units under new ownership as we need those quarterly dues payments coming in.

Why is the Association giving me $7,000?

A.  It's my birthday and they wanted to do something nice,

B.  One of the alligators in the retention pond ate my cat,
C.  The condo lawyer told them they didn't have a snowballs chance in Hell of winning the June 10 case,
D.  None of the above


For the correct answer go to: http://nautiluscovesuit2008.blogspot.com/

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Misc Info:  A mailing to 50 Owners is going out 5/28 with some information regarding several matters of potential interest.  The mailing is not going to all 112 condos, those with past due assessments, in foreclosure or for sale have been omitted.

More Foreclosures - Market won't bottom until at least 2012

The only good Florida property news is found in Ft Myers where home values increased last quarter by 2.4%. The rest of us continue to lose value and according to Zillow the bottom of the housing market won’t be reached until 2012. So all of you ‘new owners’ at NCC – you would have gotten better deals if you had only waited until next year.

"Home value declines are currently equal to those we experienced during the darkest days of the housing recession. . . it is unreasonable to expect home values to return to stability by the end of 2011. . . it (is) almost certain that we won't see a bottom in home values until 2012 or later . . . foreclosures rose throughout the first quarter as banks unfroze moratoriums and allowed foreclosures to resume. Foreclosures had fallen in late 2010 due to the slew of moratoriums brought about by the "robo-signing" controversy.”
Details at: http://zillow.mediaroom.com/index.php?s=159&item=228

More on Strategic Defaults -

You will notice considerable information on this blog regarding this topic, this is something that several owners have taken advantage of and others will also do this. 

Throwing good money after bad simply makes no sense at all.  Once upon a time it was considered disgraceful to default on a debt, today that stigma no longer exists and the theory is simple - the banks and mortgage companies created this mess, and to walk away from an underwater condo presents no stigma in todays society, most people think that the banks deserve it.

"If you own a home that is 50% underwater, 70% underwater, it will never ever, ever come back to where you purchased it." said Suze Orman, consumer advice columnist, who continues,  “Do the calculations everybody. How much is it costing you to actually stay in that house? How many years will it take for you to pay more than that house is worth? If it’s 3 years, 4 years, 5 years; are you kidding me? That’s a house you really need to say bye bye. It’s not worth the money.”

Why pay a mortgage when you can rent the same unit for 2/3rds of the mortgage cost, PLUS not pay taxes, quarterly dues, and insurance?  Of course your credit will be dinged for 7 years but that seems a small cost to pay to get out from under a major monthly payment that really has no benefit for you.  Banks and mortgage companies are in no rush to toss out non-paying owners, they don't want the units either and letting them go for a year or more is not at all unusual.  You can usually continue to live in the unit for 12+ months after you have stopped paying.

Sites below are The Consumerist and CBS TV Sacramento: 
http://tinyurl.com/5rk4l76  and http://tinyurl.com/3jbanrd

RE: Tenant Registration.  It has always been the policy of NCC to have renters registered with the office so that we know who is on the property. Generally and as far back as 2007 with Seagrove Mgmt, this has not worked. The office is making efforts to bring owners into compliance with the condo documents in this regard, letters had gone out to all owners and approx. 15 units being rented out by owners are now registered with the office as to who is there as a tenant and what their names and vehicle

RE: Herbafex.  Late last year this firm lost the NCC contract and was replaced with another firm. Inquiries to both the office and Herbafex did not result in replies as to why the lawn service was given to another firm. Herbafex, Inc, owns condo 803 here at NCC and one of their managers lives on site. The condo is now back to using Herbafex for lawn service work and they are also evaluating the complex irrigation system. So it seems that the office and Herbafex has kissed and made up. (http://www.herbafex.com)  

Collecting Unpaid Dues.  Florida Statutes allow condos to make demands for tenants of Owners to pay to the condo association their rental payments rather than paying it to their landlord, if the Owner is behind in their payments for association dues. Such payments are deducted from the outstanding amounts due the association.  This is now being done here at NCC.

From the Archives July 2007

These 5 buildings were the last to be finished, shown here none were sold or rented in the summer of 2007, the interiors remained to be completed.  Unlike today, in 07 & 08 there was no parking problem.

Q.)  Which of the 168 condo units are still owned by the developer NAUTILUS DEVELOPMENT PARTNERS, L.L.L.P (AKA: Gulf Boulevard Partners, Ltd)?

A.)  They own all of the condos in buildings 12 and 13. In buildings 10, 11, 14 and 15, they own almost all of them with only 9 being sold and individually owned. The other 9 developer owned condos are in buildings 2, 6, 8 and 9.  (Total sold:  112, unsold 56.)  I believe there are 2 other units recently sold but not yet appearing in County records.

The developer owned units are being rented out by Concord Management as low income housing.
See also:  http://nautiluscondosrules.blogspot.com/search?q=low+income

'Corrections Committee' aka 'Fining Committee' info

An NCC committee has recently come into being to enforce the various condo documents. The committee members are:  Mark Aldrich (806), Joseph Vanderwerrff (514) and Hollie Hundley (613).  Any fines against Owners are initially proposed by BOD members and the decision to impose any penalty is up to the committee.  No BOD member or member of their household may serve on the committee.

My research shows that there is almost no uniformity in such hearings among various condominiums, every association is reasonably free to do it their way providing basic 'due process' is provided to the supposed violator.

One thing is clear in our Declaration of Condominium (p. 37 at 'Fines 23.3A), whoever is on the committee must be an actual owner.  Below are links to an informative series of articles which anyone interested in the subject should take a look at.

It would be a good idea for any such proceedings to be tape recorded by the committee and of course any 'violator' also has that right.  Also, no association fine may become a lien against a unit.*.

* Florida Constitution Article X SECTION 4. Homestead; exemptions at: http://www.spcodesextortion.org/artX.pdf
Also Case Law: Florida Supreme Court in the case of Ilkanic v. City of Fort Lauderdale, 705 So. 2d 1371 '. . . the civil restitution lien cannot be a cloud on homestead property.'

Dispute Resolution Outlined
http://www.becker-poliakoff.com/pubs/articles/adams/adams_2006_02_23.pdf
"As always, there are two primary sources that must
be considered, the law and the provisions of the
governing documents. Let’s look at the law. As we
all know, condominiums are governed by Chapter 718
of the Florida Statutes.* . . . No fine can be levied except
after giving reasonable notice and opportunity for a
hearing to the unit owner, and if applicable, a licensee
or invitee of the unit owner. The hearing must be
held before a committee of unit owners who do not
serve on the board**, and the committee must agree
with the proposed fine, or it cannot be levied."

* http://www.ccfjedu.net/condo718statutes.html
** 718.303 Obligations of owners; waiver; levy of fine against unit by association.--
(3) 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.

Follow Due Process to Levy Fines
http://www.becker-poliakoff.com/pubs/articles/adams/adams_2006_03_02.pdf
"The content of the fining hearing notice is not
specified by law. This is where the more generic
concept of "due process" comes into play. By analogy
to constitutional law, a party accused of an offense
has certain basic rights, including the right to know
the charges levied against him or her; the right to
be heard; the right to confront and cross-examine
witnesses; and the right to be represented by legal
counsel."
Hearing Needed to Levy Fines
http://www.becker-poliakoff.com/pubs/articles/adams/adams_2006_03_09.pdf, see also: 
 http://www.becker-poliakoff.com/pubs/newsletters/cu/cu_2006_v2.pdf

". . . there are no formal rules of evidence
that need be followed, the basic goal is to permit both
sides to tell their story, make whatever points they
feel are relevant and have the opportunity to be fully
heard. As an informal proceeding, there is no rule that
prohibits members of the board, or even members
from the fining committee from asking questions and
chiming in where they wish to do so, subject to normal
rules of order established by the presiding officer."

Condo Insurance Costs - Water Billing

It is getting close to the time to renew my condo insurance for the year.  The company I used for the past 4 years is not writing this year, an associated firm (same clowns, different name on the tent) is making itself available through my Allstate agent.

Last few years the cost was high $500's and last year it was $608.15.  This time the quote for the same insurance with this slightly different firm was $556.  I then had the agent tweek it and get the 'Personal Property' down from the insured level of 50k to 15K and the 'Loss of Use' down from 20k to 6k.  The rate then dropped to $381.99.  So that is $175 a year saved (31 extra Big Mac meals).

Now if the BOD will get the water usage changed to individual billings, rather than lumping it into the dues, we can knock down the quarterly dues by $400-500 a year (but of course each unit would then pick up a seperate bill for water usage - actual savings is about $200 a year).  Those who use a lot of water will then have to pay for it rather than having everyone pay the same cost for water usage.

Gated communities have some drawbacks

It is nice to live in a gated community, until the power goes off and the gate remains closed. 

Recently residents had problems getting out to go to work when power failures in the area kept the gates shut.  There also may be problems with police/fire being delayed in their responses during bad weather.  It is unlikely that anything can be done about this.

Our gates are normally open 8-5 M-F and operate via clicker, keypad or card the rest of the time.

NCC Proposed 2011 Budget

Middle column 2010 Est. Ending Budget / Right col. 2011 Budget

 




































Note:

I see that 2010 Estimated Ending costs for Legal/Accounting is set at $19,393 which is $9,393 higher than originally budgeted for 2010. I suspect that this large overage is due to the Association expenditure on a needless suit which has been engaged in by the Condo BOD for over 2 1/2 years where I am suing for the BODs refusal to enforce Condo rules against Waterstone Resort Realty LLC. This suit was offered for settlement twice this year, there was no reply to the first offer 7 months ago (Waterstone did settle their 1/2 of the case 5/28/2010 ). The matter is still in the courts and still available for the same settlement of $6,500 and an assurance from the BOD that condo Rules and Regulations regarding the rental of condos will be enforced. IE: The Owners here are paying part of their dues due to the stupidity of the Board of Directors in not enforcing the documents initially and their continued refusal to end the matter.

  Misc F.Y.I.: 
1) Delinquency: Recent collection efforts by the office have reduced the total amount outstanding to $97,600 from a high of $114,825.
2) Liens: 3 more are in the process of being filed, these should be the last for the immediate future.

3) New Sale: The #604 condo (Brandi Everson) is reported as sold to a Mr. Covington. The price paid for it originally on 9/21/07, by Ms Everson was $174,900 for the 3/2 unit. As a guess, the new sale price should be around $90,000. We already have a Mr. William Covington here in #710, another 3/2, that sold to him 6/7/10 for $89,000. This was an old Waterstone foreclosure and was 1 of 4 in the 7 building that Compass Bank took back and resold. A good guess might be that Mr. William Covington of #710 is the same as the Mr. Covington of #604. This is a good time to purchase if you have the money.  Foreclosed condos or short sales are going for 50-60% of original sales prices. Taxes on 3/2s without Homestead Exemptions are running $1,150.

Should Changes be made 1/29/11 to the Rules and Regulations?

There is a draft update of the Condos Rules and Regulations available for view at:  http://nautilusrules.blogspot.com/  That draft contains only minor housekeeping corrections, nothing substantial, however this would be a good time to make any other changes that the Owners are interested in making.

In the past both Owners and Tenants have had notes (see below) on their doors when displaying plants on their front stoops/patios or having chairs outside during the day.

This would be a good time to add to the Rules and Regulations a specific authorization to allow residents to have and display nice plants in front of their units.

About 2 years ago a campaign began to clear all items from in front of units, although this was a good idea generally it was extended to cover displays such as those below. Some residents think such displays should be encouraged and the condo documents should be amended to allow both neat displays of plants and the use of chairs - providing such chairs are not left out when not in use or overnight.
Provide input to your Board of Directors in this matter at:
ljdpcb@gmail.com, jj9905@yahoo.com , nknight@ndkconstsvcs.com

Such displays show a good community spirit and should not be discouraged and it also looks nice! Let's not harass residents for such displays and our R and R's should be updated to allow them.

Info from the Office:
The 1st Quarter 2011 Owner Association dues statements have been sent out. They remain at $675. Owners will also receive a two page Condo newsletter. Some of the information from that ‘Nautilus News’ is as follows:

1)  Renters: Owners are asked to provide information on your tenants to the office. There is a new form for renters to fill out so that the Association knows who belongs on the property.
2)  The gate codes are changing. Owners and tenants must obtain gate cards and further information on that will be available in the near future.
3)  The NCC Maintenance is now being taken care of by Mr. Zach Whidden.
4)  Both Owner dues and tenant rental payments may be made online at: www.nautiluscove.com.   

DBPR Complaint Information:

See update at bottom of this post:

The Division of Florida Condominiums has received a reply from Nautilus Development Partners, LLLP:
“It was alleged that the Developer commingled Developer funds with Condominium funds.”

The reply said in part:

“The Respondent’s written response indicated that the Management Company had installed an electronic check scanner in the 2nd quarter of 2010 that produced a banking error caused by the scanning software. At that time money intended for the Nautilus Cove Condominium account was inadvertently deposited into the Nautilus Cove Development Partners account and vice versa. In addition, a review of the evidence provided by the Association revealed that the corrective action for this issue had already been taken by the Association performing a full audit of both accounts and transfers were made to the appropriate accounts. The deposit that was referenced in September of 2010 (4th quarter) by the complainant was actually put into the correct account number, but the name listed was that of the Developer. That has since been corrected by the Respondent.”*

The correspondence referenced is available in full at the direct link, the prior posts on the matter have been moved to this site:

http://nautiluscondopanamacitybeach.blogspot.com/

*Despite the assurances of Concord as above, our Association checks for quarterly dues are still being flagged for the Developers account, but it seems that the correct Assn account number is being used.   

See below for most recent example (account #'s redacted):

First group of Suspension letters were sent out and suspensions were imposed.

The first group of Suspension letters have gone out to Owners with past due amounts owed to the Association.  This is due to the BOD enforcing the recent changes made to the Florida Statutes, including the one on 7/1/10, the current wording of a relevant section of condo law is:

718.303 Obligations of owners and occupants; remedies.— (5) The association may suspend the unit owners voting rights if they are more than 90 days delinquent in paying any monetary amount due to the association.


Of the first group of letters, no owner had asked for a hearing on the suspension.  Owners must be 90 days in arrears before such a letter is sent, a second group of letters will go out shortly.

The amount of delinquency hit a record high of $112,415 ths month and while collection efforts had brought this down by about $8k this may well be a temporary improvement as it it time for the 1st Quarter dues statements to be sent out and additional delinquencies are almost certain.  

see below at Dec 8th post for details. 

Also keep in mind that those behind in payments to the Association and who are renting out their units 'may' find that the Association will require those renters to directly pay to the office those rental payments rather than paying the condo owner, this is also covered in the new Florida statutes.

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 Usage Privileges Suspensions

1)  21 Owners have now had their usage privileges and voting rights suspended for being past the 90 limit on arrearages to the Association (see sample notification letter lower down in the blog). None of the suspended Owners had asked for a hearing to protest the suspension. 
Those 21 now suspended have lost the voting rights and also the use of:

• Pool
• Barbecues & Barbecue areas
• Gym/Fitness Center
• Conference Room
• Clubhouse

2)  Good News/Bad News
Several past due owners have recently made payments, one of $3,800 and these Owners are now off the delinquency list.  Previously we had a delinquency of $112,415, recent collection efforts by the office have reduced that by $9,626 to a current delinquency of $102,789.  This is the 'Good News' part, the 'Bad News' is that the first quarter 2011 dues statements will go out in a few days and we might find that after the 10 day grace period, that we are again close to the old $112k high.  As mentioned previously the office is working on a set of new liens to be filed in January.

BOD to Suspend Use of Facilities and Voting Rights for Delinquent Owners

The below letter has gone out to Owners who owe money to the Condo. While amounts change almost daily, the amount past due is over $112,000, the highest we have ever had, and the condo can't be run on a deficit finance basis like the Federal Government, thus the rather harsh letter being sent out.
Considering the level of Delinquencies (43) we have only 68 Owners who are eligible to vote in or run for office at the 1/29/11 Annual General Meeting.  We have 37 condos that have Homeowners exemptions filed and of that number 16 are on the Delinquency list.

Generally speaking those who are at or past the 2nd missed Quarterly Dues payment are not going to be able to recover, probably they will end up in foreclosure.  I only know of one Owner who in effect 'came back' after having missed 2 Quarterly payments, hopefully this will change.


Since inception the condo has had 22 Foreclosures in total and liens have been filed against 31 units.  There was one bankruptcy which involved 2 units.

Additional liens are being prepared. Keep in mind that the filing of a lien by the condo is not a hostile action, it simply safeguards our claim on funds when the condo is eventually sold. No clear title can pass until a lien is satisfied. No condo has ever, or ever will, be foreclosed due to the condo filing a lien, it just states the claim to funds which must be paid before a clear title passes.

Here is the relevant part of the statute, keep in mind that if you are renting out your condo your tenants will be the ones banned from using the enumerated facilities.

(3) If a unit owner is delinquent for more than 90 days in paying a monetary obligation due to the association, the association may suspend the right of a unit owner or a unit’s occupant, licensee, or invitee to use common elements, common facilities, or any other association property until the monetary obligation is paid. This subsection does not apply to limited common elements intended to be used only by that unit, common elements that must be used to access the unit, utility services provided to the unit, parking spaces, or elevators.

(5) An association may also suspend the voting rights of a member due to nonpayment of any monetary obligation due to the association which is more than 90 days delinquent. The suspension ends upon full
payment of all obligations currently due or overdue the association.

It is also the BODs option to make your tenants pay your past due assessment. They notify the tenant that all rents in the future will be payable to the condo and not you. As far as I know this is not being done presently.

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BOD to Suspend Use of Facilities and Voting Rights for Delinquent Owners

The below letter has gone out to Owners who owe money to the Condo. While amounts change almost daily, the amount past due is over $112,000, the highest we have ever had, and the condo can't be run on a deficit finance basis like the Federal Government, thus the rather harsh letter being sent out.
Considering the level of Delinquencies (43) we have only 68 Owners who are eligible to vote in or run for office at the 1/29/11 Annual General Meeting.  We have 37 condos that have Homeowners exemptions filed and of that number 16 are on the Delinquency list.

Generally speaking those who are at or past the 2nd missed Quarterly Dues payment are not going to be able to recover, probably they will end up in foreclosure.  I only know of one Owner who in effect 'came back' after having missed 2 Quarterly payments, hopefully this will change.


Since inception the condo has had 22 Foreclosures in total and liens have been filed against 31 units.  There was one bankruptcy which involved 2 units.

Additional liens are being prepared. Keep in mind that the filing of a lien by the condo is not a hostile action, it simply safeguards our claim on funds when the condo is eventually sold. No clear title can pass until a lien is satisfied. No condo has ever, or ever will, be foreclosed due to the condo filing a lien, it just states the claim to funds which must be paid before a clear title passes.

Here is the relevant part of the statute, keep in mind that if you are renting out your condo your tenants will be the ones banned from using the enumerated facilities.

(3) If a unit owner is delinquent for more than 90 days in paying a monetary obligation due to the association, the association may suspend the right of a unit owner or a unit’s occupant, licensee, or invitee to use common elements, common facilities, or any other association property until the monetary obligation is paid. This subsection does not apply to limited common elements intended to be used only by that unit, common elements that must be used to access the unit, utility services provided to the unit, parking spaces, or elevators.

(5) An association may also suspend the voting rights of a member due to nonpayment of any monetary obligation due to the association which is more than 90 days delinquent. The suspension ends upon full
payment of all obligations currently due or overdue the association.

It is also the BODs option to make your tenants pay your past due assessment. They notify the tenant that all rents in the future will be payable to the condo and not you. As far as I know this is not being done presently.

Turnover Election Results 12/20/10
Jennifer Jones (#206), 16 votes

David Turner (#105), 5 votes

None of the above: 1

L. DiGiacomo (#616) is BOD President
ljdpcb@gmail.com
J. Jones, is BOD VP
jj9905@yahoo.com  
N. Knight, Secty/Treasurer
nknight@ndkconstsvcs.com
(the only remaining Developer appointed Director)

From the archives:  The only prior contested election in 2007 had 39 votes cast, Jennifer Jones won with 22, L. DiGiacomo 2nd with 11 and Rodney Smith had 6, the 2 other candidates had 0.  Ms. Jones served for about 5 months and resigned due to the lack of co-operation received from the 2 Developer Directors, L. DiGiacomo assumed the seat and the next 2 elections he was retained as no one ran against him.

New Balance Sheet is Available
If you are interested in knowing the state of our finances you can take a look at the October NCC Balance Sheet by direct click on link at:
http://nautiluscondosrules.blogspot.com/2010/01/ncc-balance-sheet-of-102510.html
It is placed further down this blog as it runs 4 pages and would take up to much room at the top of the site.

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: