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Unpublished Board Approval Spending $15,000 of Our Money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