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Unpublished Board Approval Spending $15,000 of Our Money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.

BAY COLONY CLUB CONDO - MARCH 15 BOARD MEETING - OPINION

(For detailed reporting, please see Bev Houston's "Informer" or the BCC official web site.)

We heard far too much from the usual  "pundits" in the audience, letting the rest of us know that they have yet another opinion. Same rowdy, uncontrolled  yahoos making unrecognized call outs, cat calls etc. from the audience ensured that no opinion but their own could be heard.  It's small wonder that attendance at Board meetings is so small.   

Interesting tidbit about bedbugs in Rec 3 and an apartment in building 11.  Some effort was made to keep this barely mentioned, but it didn't slip by because it perked up some audience interest.  These are reportedly persistent little buggers and we'll probably be hearing more on this subject.

While on the subject of  infestation, Saundra Zubko managed to get her "legal expenses" reimbursement passed (4-3) by voting for it herself.  (A clear case of conflict of interests which should have meant her refraining from a vote.)  Questions as to the possibility of setting a precedent that could cost us all dearly at some future date, or why our Directors and Officers liability insurance was not paying this were brushed aside.  Apparently, no legal opinion was sought.  

    

BAY COLONY CLUB CONDO - "SECURITY"? FAT CHANCE!

The following letter is being passed around with a signature list for owners.  The originators are correct about BCC’s “Security” being totally inadequate.  It has been inadequate for many years as evidenced by the numerous thefts of bikes and outboard motors and the acts of vandalism against boats and cars while in BCC.  Very recently, ANOTHER 2 outboards were stolen off boats at BCC’s docks.

The only way to solve these problems is by installing security cameras that will:

1.    Record license plates and date and time of entry/exit
2.    Include night vision, motion activation and a link to the security shack for high risk areas (bike racks, docks, rec rooms, etc..)
3.    Have at least one or two cameras on the exit and entry roads to record speeding and other traffic violations.

The traffic violation cameras and ensuing fines should rapidly repay the cost of installation and provide a tidy profit thereafter to reduce our maintenance charges.  

In addition, it may reduce or eliminate the Association’s liability for failing to take action while in full knowledge of our inadequate security.  See:

http://www.floridacondohoalawblog.com/2012/02/articles/board-operations/association-liability-for-criminal-attacks/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+FloridaCondoHoaLegalBlog+%28Florida+Condo+%26+HOA+Legal+Blog%29

“March 12,2012

ATTENTION:      Manager, Bay Colony Club

Board of Directors, Bay Colony Club

RE:                SECURITY

On Saturday, March 10, 2012, 30-40 people were in the pool at Rec 2. The light in the pool became disengaged from wall and the pool was closed. These people were sent to Rec 1. A lot of these people walked barefoot from Rec 2 to Rec 1 and got into the pool. The people involved were apparently guests of an owner or a renter. As per the revised edition of the Bay Colony Club Condominium Rules and Regulation (June 2005) there are only 6 guests allowed to use the recreation facilities per owner (pg 9) and there is no walking in bare feet on the pavement (pg 3). Furthermore, upper fences were broken or fell down behind the mailboxes at Units 11-12 and 12-13.

We are questioning the security team the following:

1.                 Who let all these people in?

2.                 Why did they not follow the rules of shoes on the pavement?

3.                 Who pays for the light repair?

4.                 Why wasn't someone called in to repair the fences before night fall and to check the
power supply to the light?

5.                 Why isn't the furniture straightened up after the people leave?  This should be done
in the early evening.

6.           In addition, these people entered a private party at Rec 1 and were asked to leave
after the security was called.  They left the rec centre but not the pool area.   Why
were they allowed to stay when they were clearly over the allowed capacity as posted by the entrance to the pool?

Furthermore, on many occasions, it has been observed that people are coming through the gate off the street. When questioned by members of Bay Colony, they have stated it is a quiet place to walk, fairly safe and is a pleasant neighborhood. They just walk in and are not stopped.

THIS MUST CEASE.

We have chosen to live here as owners and residents because we wanted a safe, secure home in a beautiful area. THIS PROPERTY WAS TO HAVE 24 HOUR SECURITY AND THERE WERE RULES TO BE FOLLOWED. Consequently, we no longer find the safety at Bay Colony Club up to the standard that we envisioned or what we have had in previous years.

In the past, bracelets were used to identify owners and residents. Should some form of identification method be reintroduced? These bracelets, etc. would need to be displayed or the people would be removed from the area until these bracelets could be produced. This type of identification could also be displayed and checked at the gate. In addition, the management team could have a member here on the weekends to prevent this type of situation from reoccurring again. Security must consistently check the rec and the pool areas and follow the regulations. There is a sign posted at all rec's "13 PEOPLE POOL CAPACITY". On Saturday, there were far too many people in the water.

Our Security Guards MUST know the rules of this community, follow these rules and enforce these rules, not wait for someone to complain and then react.

It is paramount to bring our community up to the level it was supposed to be.

Thank you,

CONCERNED RESIDENTS OF BAY COLONY CLUB

cc:        Strike Force Security”

BAY COLONY CLUB FEB 27 BOARD MEETING - OPINION

The initial meeting of our newly elected Board of Directors certainly does not support the old saying about new brooms sweeping clean.  As one of the bill-paying rabble in BCC, we always hope for the best when a new Board steps up to the plate.  Unfortunately it looks like more of the same old, same old.

 About 50 BCC owners (give or take) showed up to waste a couple of hours watching nothing being accomplished.  Your blogger gave up and walked out after "Security hardware" became the fourth agenda item in a row to be tabled.  (By the way, security cameras are a brilliant and long-overdue idea whose time has come.  More on this in a later posting.)

The attending crowd had the usual minority of twits who really don't care what they say but love their own voice plus the disgraced former board members who seem intent on dominating and pushing our new Board around while preventing anything from getting done.

Board members Zubko and Pappas, working with their old cronies in the audience (Slota, Metzger and Shelton) managed to get every agenda item tabled.  The best two bits of comedy in the meeting?

1. Zubko piously calling for 3 bids on the Flood insurance!  (Just like the infamous ice machine that was bought secretly just in time for a Zubko Super Bowl party?  Or like the ratification of Slota's secret TV consultant contract?)

2. Pappas asking for a completely transparent future operation of the Board.

Perhaps the BOD and BCC owners need to be reminded again what our BCC lawyers stated regarding the Rec District Board of Supervisors which was led by Zubko and included Pappas:
  
 "The District and the individuals comprising its Board of Supervisors* have acted in reckless disregard for the truth in order to prevent the District from being dissolved and to remain in power.  The District and the individuals comprising its Board of Supervisors have deliberately sabotaged the dissolution of the District, using defamation of the Association, its Board of Directors and attorneys and false accusations about commingling funds and not getting financial information as smoke screens." 

*Rec District Supervisors:  Bob Lewis, Wendy Metzger, Joe Pappas,  Pete Shelton, Saundra Zubko

While we wish the best of luck to our new Board, hopes are dim unless they put a stop to the sort of shenanigans indulged in last night.

BAY COLONY CLUB REALTY REPORT AS OF 1/31/12

Total # 2 BR for sale:  12

High         $299,990
Low          $169,900
Median      $194,450

Sold 2 BR YTD:  2      LP/SP*         Days on Market
High         $155,000          100%                122

Low          $45,100            104%                 76
Median    $150,050           102%                    99

Total # 1 BR for sale:  1
High       $110,000
Low        $110,000
Median  $110,000

Sold 1 BR YTD:  0          LP/SP*         Days on Market

*LP/SP = Sales Price divided by Listing Price, or what % of the listing price was actually paid.

Information provided by Margaret Matinale, Lic. Associate Broker, Galleria  International Realty, 954-298-2527, fax: 954-771-7367, email: margesells4u@yahoo.com

HOW ABOUT SOME HELP ON THIS BCC ELECTION

VOTE!

Your Blogger has not suggested a slate of candidates that he believes would best serve BCC.  This lack of recommendations is deliberate.  We do not want to detract from the very important "thumbs down" given to the proven incompetent and/or corrupt five selected for the Blog's special attention.

Have you lived here a while?  Do you personally know some of the candidates?  Would you like to suggest an "ideal" slate for our next BOD?

Send us an email (cpukit@comcast.net) with your chosen seven, giving us a short explanation about why you've chosen each and we'll publish it as a blog article  over your by-line.

RULES:

1. You must submit under your own name.  No anonymous or pseudo name submissions considered.

2. You must list 7 candidates, no more, no less.
3. Some minor editing may be done to improve clarity or brevity.  No significant editing will be done on submissions.

2/7 Note: Nice to see so many folks fired up over this election.

BAY COLONY CLUB CONDO MEET AND WHAT....?

Your Blogger was unable to attend the (undercover) "Meet the Candidates" big night.  Out of town guests appeared unannounced and needed tending.

Perhaps some of you who attended would like to comment?

Anybody know why there wasn't a sign posted at the entrance gate to alert residents of the meeting?  Any theories about why this wasn't posted?

Anybody know why the sign touting BCC's very own TV station is such an amateurish mess?

BAY COLONY CLUB 2012 ELECTION

Those Candidates honored by a preceding blog article have, in the Bloggers opinion, proven themselves (beyond a shadow of a doubt) to be incompetent and/or corrupt.   

There are candidates the Blogger will not vote for and who he hopes will not win.  However, there will be no more exposes or advice on how you should vote.

Please feel free to  print and distribute  any blog article you wish.  Just click on the green Print/PDF button.

Please do not submit Comments containing cuss words.  There is no way to censor comments and remove unacceptable language.  They will NOT be published.

Otherwise, ALL Comments, both pro and con, are published, unedited.  (Addition in red added to this article 1/28/2012.)

DON'T LET BETTY FRANCIS BACK ON THE BOARD OF DIRECTORS

My experience serving with Betty Francis on a Board was not a happy one.  In my opinion, Betty has some serious problems which have and will create problems for any BOD or committee she serves on.  While serving on the same BOD, Francis sent me 100 emails in a 12 day period or 8.33 emails per day.  For details, please click on the link "Betty Francis Sampler" in the column to the left.

Have you had dealings with Francis?  What's your opinion?

DON'T LET WILBUR BULLOCK BACK ON THE BOARD OF DIRECTORS

 Reprinted from a December 4 2010 blog article.

 BULLOCK’ED ENOUGH!

As previously reported in RESIGNATION, RECALL OR RECEIVERSHIP FOR BAY COLONY CLUB? “Wilbur Bullock has (in your blogger's opinion) proven to be an incompetent, incapable and undesirable Director.”  As a Director, I am fully committed in my fiduciary duty to BCC owners. It’s my obligation, therefore, to inform you that our investments in BCC are threatened and our Association expenses face a significant and unnecessary increase due to Bullock. Residents and owners who care about BCC’s welfare and their own wallets should work for Bullock’s immediate resignation.

Here are some of Bullock’s errors and omissions:


1. Was responsible for failing to file a response in a law suit. [See footnote (A)*] This resulted in an immediate summary judgment of Default. BCC now faces the possibility of paying hundreds of thousands in legal fees and/or fines.
2. Refused to share legal info with other BOD members, preventing them from providing a safety backup for his lack of diligence. (See #1 above.)
3. Prevented extremely well-qualified Gordon Houston from joining the even-numbered and grid-locked BOD. (Bullock is ignoring BCC’s well being so he can continue to control the BOD.)
4. Failed to control BOD meetings, allowing verbal brawls, disruptive out-of-order comments and general mayhem at Board meetings.
5. Ordered all employees not to discuss BCC’s security. This order is in defiance of a unanimous Nov. 15 BOD vote authorizing an analysis of BCC’s security.
6. Failed to provide any BOD leadership, leaving a 9 month history of endless haggling and no resolution. (i.e., BCC’s needed Rules and Regulations update; resolution of AC leaks; and constant repairs to ceilings, etc.)
7. Allowed only his pet items on Board meeting agendas, refusing input from other BOD members.
8. Demonstrated (repeatedly) a lack of emotional restraint and intellectual control. This is a minimum requirement for BOD members managing a $2.5 million annual budget. As one example, you may listen to the 11/15 message Bullock left on an answering machine. Just click on the rectangle with the “>” below. (May take a few  seconds to download, depending on your connection speed.) WARNING: RECORDING CONTAINS BAD LANGUAGE. MAY BE UNSUITABLE FOR CHILDREN.

(A)* Footnote available as 1^st “Comment”. Click on “Click Here” below.

Blog readers are invited to add to this list of Bullock’s failures in “Comments”.

Please print a copy of this for friends or neighbors who may not have a computer.