READ THIS FIRST

THIS IS NOT AN OFFICIAL PUBLICATION OF THE BAY COLONY CLUB CONDOMINIUM ASSOCIATION, INC. This blog was created to help Bay Colony Club Condominium (BCC) owners, resident non-owners, and employees know what’s happening in BCC. Any reader can comment on any of the articles by clicking on the “comments” below the article. The blog author is not responsible for any comments made by blog readers and may or may not agree with any or all comments. Please click on “Disclaimer” in the left-hand column before proceeding further.

All comments (both pro and con) are welcome and can be signed or anonymous.

Friday, March 23, 2012

BAY COLONY CLUB CONDO - WHAT'S THAT AWFUL SMELL?

Saundra Zubko's Request for Check
718.111  The association.--
(1)  CORPORATE ENTITY.--
Unpublished Board Approval Spending $15,000 of Our Money
(d)  As required by s. 617.0830, an officer, director, or agent shall discharge his or her duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances, and in a manner he or she reasonably believes to be in the interests of the association. An officer, director, or agent shall be liable for monetary damages as provided in s. 617.0834 if such officer, director, or agent breached or failed to perform his or her duties and the breach of, or failure to perform, his or her duties constitutes a violation of criminal law as provided in s. 617.0834; constitutes a transaction from which the officer or director derived an improper personal benefit, either directly or indirectly; or constitutes recklessness or an act or omission that was in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.
718.113  Maintenance; limitation upon improvement; display of flag; hurricane shutters; display of religious decorations.--
Violated Consent Order
(2)(a)  Except as otherwise provided in this section, there shall be no material alteration or substantial additions to the common elements or to real property which is association property, except in a manner provided in the declaration as originally recorded or as amended under the procedures provided therein. If the declaration as originally recorded or as amended under the procedures provided therein does not specify the procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the association must approve the alterations or additions. This paragraph is intended to clarify existing law and applies to associations existing on October 1, 2008.
718.3026 Contracts for products and services; in writing; bids; exceptions.
(d) At the next regular or special meeting of the members, the existence of the contract or other transaction shall be disclosed to the members. Upon motion of any member, the contract or transaction shall be brought up for a vote and may be canceled by a majority vote of the members present. Should the members cancel the contract, the association shall only be liable for the reasonable value of goods and services provided up to the time of cancellation and shall not be liable for any termination fee, liquidated damages, or other form of penalty for such cancellation.


No competitive bids.  No discussion at an open Board meeting. No vote at an open Board meeting.  But, thank heavens, aren't we all lucky that this got installed just in time for Zubko's Super Bowl party!  

It's certainly a pity that the pre-approved, unpublished purchase of two additional gold-plated ice machines didn't go through.  Somebody's annual income took a hit. 

It sure looks like the 2010 BCC Board of Directors violated:
  • Florida Statutes FS 718.111 (1) (d), FS 718.113 (2) (a) and FS 718.3026 (2) (d)
  • BCC's Declaration of Condominium
  • The legal Consent Order of January 4, 2006

THAT STENCH?  COULD IT BE CORRUPTION?  OH WELL, YOU'LL PROBABLY GET USED TO IT.

14 comments:

Sean Holland said...

This is another instance of short sighted decisions by the board that preclude our association from accomplishing work for a fraction of what contractors will charge. I find it bordering on the ridiculous that this matter hasn't been resolved, and the continued repair work authorized. This project could have been completed at an average cost per unit of approximately $100.00, whereas if it is done by contractor could easily run between $750.00 to $1,500.00 per unit. This seems a poor return on our investment in maintenance at BCC,

Copy of a letter taken into the Office as of today’s date:
Beverley Houston
6351-2 Bay Club Drive
Fort Lauderdale, FL 33308
954-772-4666
Board of Directors
Bay Colony Club Condominium, Inc.
6331 Bay Club Drive
Fort Lauderdale, FL 33308

Dear Board of Directors:
Re: Balcony Fascia Restoration

I am writing this letter to clear up misconceptions regarding the “close-out” of Permits for this work and to clarify the time frame of these repairs.

The original Permits were taken out by RK Construction in 2005-2006; this contractor actually removed the whole front of the porch fascia (also removing balcony railings and screens and incurring the wrath of the community for doing so – one of the reasons they were summarily fired from the project), which fell into the realm of “concrete restoration” and thus requiring a permit under section 105.1 of the City Code. These old Permits are the ones mentioned in the Manager’s Report of the BOD Meeting of March 15, 2012.

My husband Gord, who is an engineer and on the “Long Term Plans and Capital Improvements Committee of 2011, came up with a simplified repair that didn’t require removal of the complete fascia. The 2011 Board of Directors received several bids (more than 3) ranging from $3,000 to $6,000 per entry door (set of 2 adjoining porches). It was determined that Artie could do the exact same repair at a cost of only $400 per entry door, using a special grout-cement that the State of Florida insists on for the repair of all Florida bridges. Accordingly, Gord had his company PCL foreman come down from a bridge repair at Boca Raton and instruct Artie in the mixing of this grout-cement and trained him in the use of same. The foreman insisted that two workers do the work – the substance sets so rapidly that one must mix while the other puts it into the formwork, and so trained both Artie and Tom Palumbo to work as a team.

On January 13, 2011, BCC was “turned in” (we believe it was one of the bidders who failed to get a contract) to the City and BCC was issued a “Stop Work” order, alleging that what we were doing was “concrete restoration” over the cost of $1500 without a permit. Gord immediately contacted the City and went up the chain of command and finally got the top Code Enforcement Officer to come out to see what we were doing. He did so and agreed that we were doing a “repair” - not “restoration” - and lifted the Stop Work order to allow Artie and Tom to continue. Now that Tom has been fired, that has broken up the trained team. Either Artie will have to have another employee hired to train in the procedure – or BCC will face having to pay a contractor ten times what we have been paying out to do this same work in-house. Since last year’s Board cut the Budget so drastically, I sincerely doubt if any more porches could be repaired at such an outrageous contractor cost. Ours was the first porch done, and we had been complaining for nine years about the worsening leaks. Artie and Tom’s repair completely solved the problem. I’m sorry for others who now will not have their porches repaired.

Yours sincerely,


Beverley Houston

Anonymous said...

Blame the last Board President (and the present one). At the annual budget meeting, it seemed like there was money to do things for our community. Then the usual pundits whined and screamed about the money, and the Board folded to their whims.
Now there is no money to do the seawall or hire employees for maintenance. Now we are3 employees short. do not expect them to replace anybody with Bud and Zubco on the board. Who ever fired Sheila, then Thomas, who is next? Artie or Steve? Maybe Lenny.

Anonymous said...

Anonymous - you didn't take it far enough. Obviously, you've got a brain, but you haven't thought it through to its Machiavellian end.

Tom was fired, I'm told, for reported infractions like coming in drunk, sleeping under a tree when he was supposed to be working, etc. - all "made up" and put on file without his knowledge. When you get three infractions, you're fired. Don't you think if he was actually guilty of this behavior - Artie would have reamed him an extra a-hole.

What imagerinary infractions does Vinny (25 years service) have on file? What about Lenny and Artie (both around 15 years or so). Get rid of the ones making the most money. Gut the work force so that the best are gone - the rest can't keep up and then you out-source the Maintenance.

The Security is outsourced. Maintenance will be next.

Gee ........ our Manager will have NO responsibilities to worry about! What a cushy job for $64,000 a year and hours of 10 am to 4 pm.

It's NOT just the past Board - or the present one - blame the drooling Presidents who have their nose-chains yanked like a bull that's is tamed by a nose-ring.

Do you see where we're going? No? You obviously slept through the high school classes of Sex-101.

Charles Pukit said...

It's hard to believe that "infractions" are not discussed with the employee when they are recorded. It is even harder to believe that the employee is not required to sign every one of them acknowledging that they were discussed with management and that additional infractions would lead to dismissal. Or, are we begging for law suits?

Anonymous said...

The Board is way ahead of you. Landscapers have been in to bid. Like Wolfer Landscape Services, Inc.
call them 954-581-3555. Is there another new car in the future? The hell with our crew. Hope they do not fight over who gets it.

Joyous Burkart said...

JOYOUS RECIEVED THIS E-MAIL. One of many from the residents, who are hopping mad over Steve getting fired.
I removed his name, but he signed it when he e-mailed corporate in NJ.
To:
"JOYOUS AAb"
From:
@gmail.com>
Add sender to Contacts
To:
Jay@strikeforceprotectiveservices.com
Bcc:
hitootles@yahoo.com
To Whom it May Concern:

It appears that BCC management may be using StrikeForce
to fire employees they want to remove, but wish to avoid taking
the heat for such actions.

In the end, however, when these dirty deeds are concluded,
the same management will probably fire your company, blaming
you for getting rid of some of BCC's most competent and popular
employees.

It's may be a win--win for them but it's a loser for StrikeForce. But
if it is true that StrikeForce, not BCC management, is responsible
for the hiring and firing of BCC security personnel, then you should
rethink ... and rehire, Steve, our former Security supervisor.


BCC owner/resident

Kevin F. said...

It's ironic.

I understand that Joyous is running around getting signatures on a Petition to re-hire Steve. (Incidentally, Petitions simply don't work - better to run around getting signatures to recall the Board members responsible for what's going on - Bud, Malachy, etc. - who support this overpaid outrageous Manager!!!!!)

... a Manager that YOU, Joyous, pushed for, to the point of sending out vicious, lying e-mails denouncing the Board's original choice of a man manager.

So Colleen was hired.

Now she's getting away with murder - she's killing off our best and favorite employees.

It won't stop until everyone except Jane has been fired and outsourced. That way she has NO responsibilities to worry about. She can draw her hefty little paycheck each week and all she has to do is turn up whenever she feels like it and smile at our drooling president Bud, who seems to have forgotten that his FIRST duty is to the people who elected him to do his "best for Bay Colony". It seems that his "best" now is to keep the Manager happy in whatever outrageous thing she wants to do!

Bud MUST be replaced as President!!! Malachy needs to be replaced as Vice President, since he totally supports Bud in his dereliction of duty to the BCC residents. The Manager then needs to be fired. (Her contract calls for a 60-day notice.) Steve will then be re-hired. and the Maintenance guys' jobs will be secure (otherwise we'll have prison-release guys walking through here - and Colleen won't care as long as it's not HER headache).

Doesn't that make you feel good and all-powerful, Joyous? You had a hand in changing our BCC forever. But it came back to bite you in the butt, didn't it?

Joyous Burkart said...

Keven Flagg a/k/a/Bev,
Several residents are running around getting signatures,in defense of Steve's treatment by Colleen and Bud. The new board members are not aware of their plan.
I agree, Bev, I did support Colleen in the beginning. Give everyone a chance.`I never sent out vicious, lying e-mails...I just old the truth that Peter Rheinhart was fired from his job at Continential. The bottom line is..he did not want to work for us He said he did not want to work with that Board. It's nice to know the truth, if anyone reads this blog. Not that sensational or dramatic..just the truth. The truth can be fun once in a while...try it... and you don't have to try to make up attention getting....look at me...look at me BS....

Charles Pukit said...

We seem to be straying from the point here. The article is not about who is responsible for our (at best) lame Board. What the article is documenting a secret, illegal expenditure of BCC money.

Unfortunately the cynics among us might well suspect that this, like similar past deals, is a way to hide some kick back scheme. After that, who knows, speculation as to which BOD members got a taste and what their exact cut might be!

Fiddy7 said...

I believe the original post was regarding the purchase of ice machines by the BCC BOD, so that is what I am commenting on...

$15,000 for ice machines?!? And the decision was made privately, not discussed in an open forum?!? I've lived here for 12 years and never used an ice machine once!!! But board members were preparing to spend my hard-earned money on three of them? I can smell the BS, and I'm livid!! Any board member caught with their hand in the cookie jar like this ought to be fired immediately - or arrested!!

Charles Pukit said...

If you comment, please be aware all comments are screened before publishing and there might be some delay between when you send it and when it appears.

Thanks for your comments!

THE BRAIN said...

I think we need a topic on Steve, the guard who got fired and leave the zubko topic separate............
They are both timely and the community seems to be held hostage by this Security Company.
Why is this being ignored. I assume you did not like Steve......Charles...that is no reason to pretend nothing is going on.........it is the biggest thing since SRD's "take over" and they are on the Board again.
Keep your eye on the "Birdie"

Anonymous said...

Don't you think the MANAGER should be written up for letting Sandra vote for herself. Isn't that her job, to keep the Board legal and up on the statues. Oh, I guess she does not know rules, the statues, the doc's. Even with all the help she gets from the President. It interfers with her smoking outside. Ever try to call the office? Try it. The girls are outside smoking with the president. Some professional business! Humbug

Anonymous said...

I just read your comments on the ice machines. I see that Hariet was on the Board and signed it. Isn't she some kind of a lawyer, not in a practice but works in an office somewhere. Wouldn't you think she would know what they did was illegal?
Guess not!