I strongly suggest that any window doings are done with the attorney, Joe Garrity. Let him handle it and put it into the lawsuit. He must see and be included on any dealings for the OM.
Posted by
Anomynous
Wednesday, December 31, 2008
Sunday, December 28, 2008
Board Members?
Recently returned froma trip to see what The Board has done to my investment and well it is a joke.
Shelly Toasterelli is one strange Board Member, she claims to be against The Board and tells owners not to pay the assessments or increases as Frank doesn't, and she also claims to only be on The Board, so she can spy against the others, yet she is right by their side laughing and joking with them.
I was told it depends how much "candy" they give her, as she decides to vote with or against them, and really not to pay any attention to her as she is a heavy Marijuana user and lives in her own mind.
Carolyn Chin, shows up just to keep her name from being sullied, but she has already done that to herself in fratanizing with Frank and Jesse James aka as Frank and Charlie.
Charlie Caico, does whatever the wife(SaMANtha) tells him as he's afraid of her (I want the valet concession, I want the laundry room, I want it all!!!)
And then we have Frank Tiki, who is stealing left and right, can't give you an honest answer and who is too busy fooling around at the Tiki Bar.
He introduces himself of the owner of the 5 star resort.
Only stars he see's are from all the Coke, Marijuana, and Booze he inhales an ingests.
Yes, welcome to the Brady Bunch!
Liars, and more liars.
Sorry I bought here, as these are just terrible people with no concern for others.
Posted by Anonymous
Shelly Toasterelli is one strange Board Member, she claims to be against The Board and tells owners not to pay the assessments or increases as Frank doesn't, and she also claims to only be on The Board, so she can spy against the others, yet she is right by their side laughing and joking with them.
I was told it depends how much "candy" they give her, as she decides to vote with or against them, and really not to pay any attention to her as she is a heavy Marijuana user and lives in her own mind.
Carolyn Chin, shows up just to keep her name from being sullied, but she has already done that to herself in fratanizing with Frank and Jesse James aka as Frank and Charlie.
Charlie Caico, does whatever the wife(SaMANtha) tells him as he's afraid of her (I want the valet concession, I want the laundry room, I want it all!!!)
And then we have Frank Tiki, who is stealing left and right, can't give you an honest answer and who is too busy fooling around at the Tiki Bar.
He introduces himself of the owner of the 5 star resort.
Only stars he see's are from all the Coke, Marijuana, and Booze he inhales an ingests.
Yes, welcome to the Brady Bunch!
Liars, and more liars.
Sorry I bought here, as these are just terrible people with no concern for others.
Posted by Anonymous
Comments on Minutes
"Shelly, Charlie, Frank, and Carolyn were present"
-Four of the unelected"Illegal Board members" were present. They have been spending our money without any disclosure of where it all went, they are common criminals.
"This meeting is to discuss the budget and the short fall at the end of the year. To avoid the short fall, Frank tried giving 2-3 assessments per year. Problem is 80% of people not paying."
-I am surprise there are 20 % of people paying any illegal assessments' at all.
"Average assessments on the Galt have been between $30K-60K per unit."
-.... STOP.. if that were the case there would be many more units for sale on the Galt, someone is pulling numbers out of their Derriere!
"Our water, electric, and insurance has all went up 15-20%."
- Insurance is bound to go up when you have as many incidents, as arise from Frank's bar crowd. AS far as water and electric go, how are the commercial units separated from out homeowners units?
"They are only raising our maintenance 15%, but we will still need 2 assessments a year to cover the short falls."
- I would conjecture that those are the shortfalls of Board members bad real-estate investments, other than Ocean Manor.
1."Valet went from $6k to $2k because Frank charges the people who come, which as he claimed hurts his business but he does it for the benefit of the condo."
-These people flat out stole our parking spaces!!!! And are renting them back to us!!
"Lenny interjected and asked where the certified financials were. Frank said he would give us the same certified financials as he did last year"
-which were nothing more than a manufactured Quicken registry, that no accountant would dare put their name on!
"When asked if Balconies are common area, Frank said yes, but then threw in he paid for the penthouse balconies himself, and he could show the cancelled checks."
- Let's see the vote of three fourths of the owners to change the physical structure of the building! And let's see the cancelled checks from Wilma proceeds, to the board members accounts, so they could write the checks for the terrace for the new party space on "ocean manor 11"
"When asked if all board members are paid up to date, Frank said their maintenance fees were, but not on the special assessment."
- They know they may not be required to pay them as well!! The special assessments were voted on by an illegal board!
The board voted yes on the following three issues:
1. To increase everyone's maintenance fee 15%
- pretty self explanatory
2. Round off the maintenance fee to the nearest dollar
- don't worry about pennies a month when you are being robbed of millions!
3. To waive the buildings reserves
- this would suggest to me that the building's reserves, which were over a million when they took office , are long gone....
We used to have reserves!, owners parking, exterminating,.. Those were the days huh? Florida statutes require them as well as financials. How much money do you want to give them??
Posted by
Anonymous
-Four of the unelected"Illegal Board members" were present. They have been spending our money without any disclosure of where it all went, they are common criminals.
"This meeting is to discuss the budget and the short fall at the end of the year. To avoid the short fall, Frank tried giving 2-3 assessments per year. Problem is 80% of people not paying."
-I am surprise there are 20 % of people paying any illegal assessments' at all.
"Average assessments on the Galt have been between $30K-60K per unit."
-.... STOP.. if that were the case there would be many more units for sale on the Galt, someone is pulling numbers out of their Derriere!
"Our water, electric, and insurance has all went up 15-20%."
- Insurance is bound to go up when you have as many incidents, as arise from Frank's bar crowd. AS far as water and electric go, how are the commercial units separated from out homeowners units?
"They are only raising our maintenance 15%, but we will still need 2 assessments a year to cover the short falls."
- I would conjecture that those are the shortfalls of Board members bad real-estate investments, other than Ocean Manor.
1."Valet went from $6k to $2k because Frank charges the people who come, which as he claimed hurts his business but he does it for the benefit of the condo."
-These people flat out stole our parking spaces!!!! And are renting them back to us!!
"Lenny interjected and asked where the certified financials were. Frank said he would give us the same certified financials as he did last year"
-which were nothing more than a manufactured Quicken registry, that no accountant would dare put their name on!
"When asked if Balconies are common area, Frank said yes, but then threw in he paid for the penthouse balconies himself, and he could show the cancelled checks."
- Let's see the vote of three fourths of the owners to change the physical structure of the building! And let's see the cancelled checks from Wilma proceeds, to the board members accounts, so they could write the checks for the terrace for the new party space on "ocean manor 11"
"When asked if all board members are paid up to date, Frank said their maintenance fees were, but not on the special assessment."
- They know they may not be required to pay them as well!! The special assessments were voted on by an illegal board!
The board voted yes on the following three issues:
1. To increase everyone's maintenance fee 15%
- pretty self explanatory
2. Round off the maintenance fee to the nearest dollar
- don't worry about pennies a month when you are being robbed of millions!
3. To waive the buildings reserves
- this would suggest to me that the building's reserves, which were over a million when they took office , are long gone....
We used to have reserves!, owners parking, exterminating,.. Those were the days huh? Florida statutes require them as well as financials. How much money do you want to give them??
Posted by
Anonymous
--IMPORTANT --copys required by Jan. 2- 2009 -
Happy Holidays eveyone-
Just a freindly reminder to those of you who haven't yet faxed us your window contracts, we are almost done with our year end inventory and require your copy to ensure proper handling.
FAXED CONTRACTS NEED TO BE RECEIVED BY JANUARY 2- 2009. ANY CONTRACTS NOT RECEIVED BY JAN. 2 WILL BE SUBJECT TO ADDITIONAL FEES AND PENALTIES WITHOUT FURTHER NOTICE.
PLEASE include current contact information on fax and send to number on front top of contract, our offices will be closed and will be only receiving faxs in warehouse untill finished on JANUARY 5, 2009-
Thank You
Staff
Happy New Year!
Posted by
Window Souloutions
impactwindowsolutions@gmail.com
Just a freindly reminder to those of you who haven't yet faxed us your window contracts, we are almost done with our year end inventory and require your copy to ensure proper handling.
FAXED CONTRACTS NEED TO BE RECEIVED BY JANUARY 2- 2009. ANY CONTRACTS NOT RECEIVED BY JAN. 2 WILL BE SUBJECT TO ADDITIONAL FEES AND PENALTIES WITHOUT FURTHER NOTICE.
PLEASE include current contact information on fax and send to number on front top of contract, our offices will be closed and will be only receiving faxs in warehouse untill finished on JANUARY 5, 2009-
Thank You
Staff
Happy New Year!
Posted by
Window Souloutions
impactwindowsolutions@gmail.com
Minutes from the Meeting
Annual Budget Meeting for Ocean Manor on 12/16/2008 at 7:00 p.m.
Shelly, Charlie, Frank, and Carolyn were present.
This meeting is to discuss the budget and the short fall at the end of the year. To avoid the short fall, Frank tried giving 2-3 assessments per year. Problem is 80% of people not paying. Average assessments on the Galt have been between $30K-60K per unit. We only have 2 assessments, because the board members are magicians. If anyone else thinks they can do better, they can run in April or February, or whenever there is an election.
Our water, electric, and insurance has all went up 15-20%. They are only raising our maintenance 15%, but we will still need 2 assessments a year to cover the short falls. Then Frank mentioned that people aren’t paying their assessments because of the people in the lawsuit who are sending out letters warning them that the board is stealing.
Frank then went on to tell how much he has done to cut our expenses.
Valet went from $6k to $2k because Frank charges the people who come, which as he claimed hurts his business but he does it for the benefit of the condo.
Cut payroll from $6k-3k per week
Gas bill lower because of newer (he finished that statement)
Lenny interjected and asked where the certified financials were. Frank said he would give us the same certified financials as he did last year.
When asked about the $87K in legal fees, he said he hasn’t received any reimbursement from the insurance company yet, but has put in a claim.
When asked if Balconies are common area, Frank said yes, but then threw in he paid for the penthouse balconies himself, and he could show the cancelled checks.
When asked if all board members are paid up to date, Frank said their maintenance fee’s were, but not on the special assessment.
When asked multiple financial questions, Frank invited anyone to come in and sit with Rick to look at all the bills and make copies of every check they write.
The board then went to motion
Posted by
Donald J McLoughlin
Shelly, Charlie, Frank, and Carolyn were present.
This meeting is to discuss the budget and the short fall at the end of the year. To avoid the short fall, Frank tried giving 2-3 assessments per year. Problem is 80% of people not paying. Average assessments on the Galt have been between $30K-60K per unit. We only have 2 assessments, because the board members are magicians. If anyone else thinks they can do better, they can run in April or February, or whenever there is an election.
Our water, electric, and insurance has all went up 15-20%. They are only raising our maintenance 15%, but we will still need 2 assessments a year to cover the short falls. Then Frank mentioned that people aren’t paying their assessments because of the people in the lawsuit who are sending out letters warning them that the board is stealing.
Frank then went on to tell how much he has done to cut our expenses.
Valet went from $6k to $2k because Frank charges the people who come, which as he claimed hurts his business but he does it for the benefit of the condo.
Cut payroll from $6k-3k per week
Gas bill lower because of newer (he finished that statement)
Lenny interjected and asked where the certified financials were. Frank said he would give us the same certified financials as he did last year.
When asked about the $87K in legal fees, he said he hasn’t received any reimbursement from the insurance company yet, but has put in a claim.
When asked if Balconies are common area, Frank said yes, but then threw in he paid for the penthouse balconies himself, and he could show the cancelled checks.
When asked if all board members are paid up to date, Frank said their maintenance fee’s were, but not on the special assessment.
When asked multiple financial questions, Frank invited anyone to come in and sit with Rick to look at all the bills and make copies of every check they write.
The board then went to motion
Posted by
Donald J McLoughlin
Wednesday, December 24, 2008
Christmas Gift Suggestions
To your enemy, forgivness.
To an opponent, tolerance.
To a friend, your heart.
To a customer, service.
To all, charity.
To every child, a good example.
To yourself, respect.
Oren Arnold
I love the Christmas-tide, and yet,
I notice this, each year I live;
I always like the gifts I get,
But how I love the gifts I give.
Carolyn Wells
The best of all gifts around any Christmas tree:
the presence of a happy family all wrapped up in each other.
Burton Hillis
May Peace be your gift at Christmas and your blessings all year through!
Author Unknown
To our Ocean Manor "family": A verry Merry Christmas, a Happy Hanukkah, and a safe and prosperous New Year!
Posted by
The blog team
To an opponent, tolerance.
To a friend, your heart.
To a customer, service.
To all, charity.
To every child, a good example.
To yourself, respect.
Oren Arnold
I love the Christmas-tide, and yet,
I notice this, each year I live;
I always like the gifts I get,
But how I love the gifts I give.
Carolyn Wells
The best of all gifts around any Christmas tree:
the presence of a happy family all wrapped up in each other.
Burton Hillis
May Peace be your gift at Christmas and your blessings all year through!
Author Unknown
To our Ocean Manor "family": A verry Merry Christmas, a Happy Hanukkah, and a safe and prosperous New Year!
Posted by
The blog team
Roaches in the Condos
I have just been made aware that my condo has roaches and that there is a huge problem at the resort. My guests left because of this problem.
We are paying for a service that is not working and only getting worse for all of us involved. I know the service was not coming for a while and people that are staying in the condo's for that time period are not letting the pest control company in to do their work.
We need action now !!!!! We are infested !!!!!
Posted by
Diane #816
We are paying for a service that is not working and only getting worse for all of us involved. I know the service was not coming for a while and people that are staying in the condo's for that time period are not letting the pest control company in to do their work.
We need action now !!!!! We are infested !!!!!
Posted by
Diane #816
Wednesday, December 17, 2008
Is he TIKI or Pinocchio? Or Both?
Well Frank / TIKI / Pinocchio, you've done it again!
Your The Board President and you can't answer who owns the valet service, laundry room, or penthouse balcony's?
You can't answer what "Your" special assessments or increases are for?
You can't tell us where the insurance money went?
You can't even conduct a Board meeting.
You have no class, no decency, no professionalism.
Your threats to those who questioned you at the meeting are uncalled for as YOU DO NOT OWN THIS BUILDING and can't expect people to pay YOUR bills when you can't answer their questions.
Instead of screwing around at your dumpy TIKI BAR with your help and clients, go get a job and pay your bills.
All you do is brag how you own a hotel.
So much to be proud of since YOUR hotel is a dump!
NO ONE IS PAYING YOUR INCREASE, so get that help wanted section out and get working!
Maybe you can deliver newspapers sell ice cream, just do something with your life!
Posted by
Anonymous
Your The Board President and you can't answer who owns the valet service, laundry room, or penthouse balcony's?
You can't answer what "Your" special assessments or increases are for?
You can't tell us where the insurance money went?
You can't even conduct a Board meeting.
You have no class, no decency, no professionalism.
Your threats to those who questioned you at the meeting are uncalled for as YOU DO NOT OWN THIS BUILDING and can't expect people to pay YOUR bills when you can't answer their questions.
Instead of screwing around at your dumpy TIKI BAR with your help and clients, go get a job and pay your bills.
All you do is brag how you own a hotel.
So much to be proud of since YOUR hotel is a dump!
NO ONE IS PAYING YOUR INCREASE, so get that help wanted section out and get working!
Maybe you can deliver newspapers sell ice cream, just do something with your life!
Posted by
Anonymous
As I understand the events of OUR ASSOCIATON meeting.
Well the entire cast of characters was there excluding Rita, Frank’s sister.
Frank and Ms. Chin were served with subpoenas.
All of the Board of Directors are paid up to date for Maintenance, but not special assessments, this was verified by Rick our manager.
Frank does not know who owns the parking franchise.
Frank does not know who owns the Laundromat franchise.
The Board voted on another 15% maintenance increase. {Although the board was not voted on legally and their vote may be determined illegal or not valid}
The Board also decided to vote on waving the condominium reserves. {Although Florida statutes declare that a ¾ of the members of the associations vote on that, and is in direct violation of our by laws}
I was not able to attend and I admit this is hearsay. I invite any Board member or concerned member other association, to correct me or set me straight. The person whom explained the evening events was a little distraught, and I would like to know what else I missed. I invite all responses.
Posted by
Donald McLoughlin
Frank and Ms. Chin were served with subpoenas.
All of the Board of Directors are paid up to date for Maintenance, but not special assessments, this was verified by Rick our manager.
Frank does not know who owns the parking franchise.
Frank does not know who owns the Laundromat franchise.
The Board voted on another 15% maintenance increase. {Although the board was not voted on legally and their vote may be determined illegal or not valid}
The Board also decided to vote on waving the condominium reserves. {Although Florida statutes declare that a ¾ of the members of the associations vote on that, and is in direct violation of our by laws}
I was not able to attend and I admit this is hearsay. I invite any Board member or concerned member other association, to correct me or set me straight. The person whom explained the evening events was a little distraught, and I would like to know what else I missed. I invite all responses.
Posted by
Donald McLoughlin
Thursday, December 11, 2008
"FOR ALL THOSE INQUIRING MINDS - I AM STILL ON BOARD" LENNY KOPPELMAN
To let everybody know I did not cut a deal, I did not sell my units, I did not drop out of the lawsuit and I have no intentions of doing any of the above. As a matter of fact I just instituted an additional lawsuit against our board, Norman Roberts, Rick George and General Bronze for the damages to my units. So all the rumors that you are hearing about Lenny dropping out must be a figment of their imagination or a wish they might have asked Santa Claus for. Our lawsuits are very very much alive and going forward. If you want to be part of this lawsuit or feel you have damages please call our Attorneys Joseph Garrity and Suzanne Weiss, but the rumors you are hearing are probably from people who would like these things to happen. If you have any questions just give me a call on my cell phone 516-315-4140. Lenny Koppelman unit owner 716, 804, 907 & C-7 Yes my units are for sale and have been for sale for 2 1/2 years and has no bearing on this case.
Posted by
Lenny Koppelman
Posted by
Lenny Koppelman
Tuesday, December 2, 2008
Where are the audited financial's for the past 4 years,that are required by law ?
How can the board ask for another 15% increase in the maintenance,without proving the audited financials. We just had a increase this year.
Where are the audited Financial's that are required by law??? WHEN WILL WE GET THEM?
Posted by Anonymous
Where are the audited Financial's that are required by law??? WHEN WILL WE GET THEM?
Posted by Anonymous
Saturday, November 29, 2008
WHAT HAPPENED TO THE REVENUE COLLECTED FROM THE LAUNDRY ROOM FOR THE PAST 4 YEARS?
I was looking over the proposed budget for 2009.The board never reported revenue income from the laundry room from the time they took over until now?
Perhaps the lawsuit is making them report it now! That only proves that the revenue is ours,and they were stealing the revenue for the past 4 years!!
I hope this will be reported to the state officials investigating the case.
Posted by
Anonymous
Perhaps the lawsuit is making them report it now! That only proves that the revenue is ours,and they were stealing the revenue for the past 4 years!!
I hope this will be reported to the state officials investigating the case.
Posted by
Anonymous
Tuesday, November 25, 2008
I Am Prepared To Fight
It is a given that the owners are being fleeced. There is a reason that we have not been given any financials. I believe that the Board members, are of the mind, that they will give us what they want, we will have to take them to court, and then they will eventually settle with us, probably for pennies on the dollar. Or perhaps they will bankrupt the corporation, as in days gone bye?
Will they escape prosocution.., time and the D.A. will tell. For now the case is with the Forida DBPR. Karen Mack is handling the case and it is being followed up with Ellyn Bogdanoff , our representative in the Florida House. Mr. Nevins, her legislative assistant, has diligently followed up on this matter, and seems eager to assist us.
WE have all put our hard earned money into something we hope will be a safe investment. Real Estate. Ocean Front. They are not making any more, it is a very unique property, there must be a premium on it, does it call for the money and assesments that are making our Board members wealthy. I don't know.
I am prepared to fight, and I have already paid an attorney to have the windows I want, installed to my apartment. I was quoted 27 K for Pella Windows and Doors, the Board insists I must have thier windows and Doors installed, for 44K. A brand that I have never heard of. And after waiting, I see that the doors and windows that were installed on the Boards bidding, are now leaking, cracked is some places, and not opening in others.
I don't mind spending money I don't want to throw it away. Giving money to this Board to spend on our behalf,would be putting it in the coffers of a sinking ship. When they go bust the money you have sent them is gone, the money a judge tells you you owe you will still have to pay. I am prepared to do what any judge tells me, I will pay my regular maintenence monthly assesments. I would rather give money to an attorney than to this corrupt Board. If it is decided that assesments were not voted on properly {according to the Bylaws} that money may be long gone...
We will see What happens, Boards have come and gone, me and my family have been here since the building has gone condo...
If I can help anyone clear up any matters on this, I can be reached @ djm.gfg@gmail.com
Posted By
djm.gfg
Will they escape prosocution.., time and the D.A. will tell. For now the case is with the Forida DBPR. Karen Mack is handling the case and it is being followed up with Ellyn Bogdanoff , our representative in the Florida House. Mr. Nevins, her legislative assistant, has diligently followed up on this matter, and seems eager to assist us.
WE have all put our hard earned money into something we hope will be a safe investment. Real Estate. Ocean Front. They are not making any more, it is a very unique property, there must be a premium on it, does it call for the money and assesments that are making our Board members wealthy. I don't know.
I am prepared to fight, and I have already paid an attorney to have the windows I want, installed to my apartment. I was quoted 27 K for Pella Windows and Doors, the Board insists I must have thier windows and Doors installed, for 44K. A brand that I have never heard of. And after waiting, I see that the doors and windows that were installed on the Boards bidding, are now leaking, cracked is some places, and not opening in others.
I don't mind spending money I don't want to throw it away. Giving money to this Board to spend on our behalf,would be putting it in the coffers of a sinking ship. When they go bust the money you have sent them is gone, the money a judge tells you you owe you will still have to pay. I am prepared to do what any judge tells me, I will pay my regular maintenence monthly assesments. I would rather give money to an attorney than to this corrupt Board. If it is decided that assesments were not voted on properly {according to the Bylaws} that money may be long gone...
We will see What happens, Boards have come and gone, me and my family have been here since the building has gone condo...
If I can help anyone clear up any matters on this, I can be reached @ djm.gfg@gmail.com
Posted By
djm.gfg
Sunday, November 23, 2008
Financial Audits Are Overdue.
When are we going to get the 2005,206,2007,and 2008 Audit Financial's???
The 2005 are 4 years late!
The 2006 are 3 years late!
The 2007 are 2 years late!
And the 2008 are almost a year late!
I can not believe this,THIS IS TOTALY OUT OF CONTROLL!!
Please answer when Rick(CAM),or Frank.WHEN,WHEN,WHEN???
Posted by
Anomymous
The 2005 are 4 years late!
The 2006 are 3 years late!
The 2007 are 2 years late!
And the 2008 are almost a year late!
I can not believe this,THIS IS TOTALY OUT OF CONTROLL!!
Please answer when Rick(CAM),or Frank.WHEN,WHEN,WHEN???
Posted by
Anomymous
Tuesday, November 18, 2008
Rent for Coffee Shop Space??
Is Charley paying rent for his coffee shop? The space in which Charley operates his coffee shop belongs to us. Is he paying us rent?
Posted by
Anonymous
Posted by
Anonymous
DO THEY THINK WE ARE BLIND???
Why does our maintenance staff (That we pay with our maintenance payments)work on Franks units,and go to the store and stock up Samantha coffee Shop?Where is the revenue from the washers and dryers? We pay for the water and electric for the laundry room.
THAT IS OUR MONEY,NOT FRANKS AND CHARLELS TO PUT IN THEIR POCKETS!!!!
Posted by
Anonymous
THAT IS OUR MONEY,NOT FRANKS AND CHARLELS TO PUT IN THEIR POCKETS!!!!
Posted by
Anonymous
Sunday, November 16, 2008
Another new fee for parking?
Like others, we privately rent our unit out on a frequent basis. We just received feedback from a recent weekly renter who advised us they were charged a $5 parking fee for the week. Since when is OM charging for this? I am really angry that another "fee" is being charged by the hotel. In my opinion, it's another way to nickle and dime people. Can anyone give me any information about this? Thanks.
Posted by Anonymous
Posted by Anonymous
Thursday, November 6, 2008
LITIGATION STATUS MEETING TONIGHT
ATTENTION ALL OCEAN MANOR UNIT OWNERS:
Anyone who plans to attend tonight's meeting regarding the status of litigation at the Law Offices of Joe Garrity and Suzanne Weiss in Downtown Ft. Lauderdale, which is open to all Ocean Manor Unit Owners, please confirm same by sending an e-mail to sweissesq@gmail.com, or calling the office at 954-522-2983 by 6pm this evening.
Posted by
-- Suzanne Weiss, Esq.WEISS & ASSOCIATES, P.A.
2110 North Ocean Blvd., Suite 1703
Fort Lauderdale, Florida 33305
Telephone: (877) 754-6734
Telecopier : (877) 752-5060
E-mail : sweiss@weissfranchiselaw.com
Anyone who plans to attend tonight's meeting regarding the status of litigation at the Law Offices of Joe Garrity and Suzanne Weiss in Downtown Ft. Lauderdale, which is open to all Ocean Manor Unit Owners, please confirm same by sending an e-mail to sweissesq@gmail.com, or calling the office at 954-522-2983 by 6pm this evening.
Posted by
-- Suzanne Weiss, Esq.WEISS & ASSOCIATES, P.A.
2110 North Ocean Blvd., Suite 1703
Fort Lauderdale, Florida 33305
Telephone: (877) 754-6734
Telecopier : (877) 752-5060
E-mail : sweiss@weissfranchiselaw.com
Friday, October 31, 2008
Those of us who try to rent our condos run into this:
Thanks for the information you provided. We're very interested in leasing your condo but we found quite a few negative reviews posted by past customers at Ocean Manor that ranged from non-cleanliness, outdated and in disrepair, bad service, etc. that has caused us some concern. I understand that since each condo is privately owned, we may not experience any problems in yours if it's in good shape. The pictures on your website seem to reflect this. However, if we do have any problems, such as general maintenance, mechanical breakdowns, insects, etc, will the facility take care of this? Is your condo cleaned and maintained by Ocean Manor personnel?
And this person was interested enough to respond – most others won’t even reply when they find out it’s Ocean Manor.
Increased maintenance cost and special assessments aren’t warranted when maintenance, service and reputation decline. The BOD needs to help owners maintain the value and reputation of the building.
Posted by Anonymous
And this person was interested enough to respond – most others won’t even reply when they find out it’s Ocean Manor.
Increased maintenance cost and special assessments aren’t warranted when maintenance, service and reputation decline. The BOD needs to help owners maintain the value and reputation of the building.
Posted by Anonymous
Wednesday, October 29, 2008
OCEAN MANOR OWNERS MEETING MONDAY NOVEMBER 3RD AT 6PM
PROPOSED TIME FOR MEETING OF UNIT OWNERS WITH JOE GARRITY AND SUZANNE WEISS, AT DOWNTOWN OFFICES:
MONDAY, NOVEMBER 3RD AT 6M
10 SOUTH NEW RIVER DRIVE EAST
FORT LAUDERDALE(Next to The DownTowner)
Posted by Anonymous
MONDAY, NOVEMBER 3RD AT 6M
10 SOUTH NEW RIVER DRIVE EAST
FORT LAUDERDALE(Next to The DownTowner)
Posted by Anonymous
Saturday, October 25, 2008
The following Q&A was written by an attorney and published in a South Floriday newspaper on May 19, 2008:
Q: Did the 2008 Legislature make any changes to the Condominium Act?
A: In 2008, the Legislature made a number of changes to the Condominium Act. Most of them take effect Oct. 1. This article will reference some of the more important changes. All of the references in this article are to Chapter 718, Florida Statutes.
Section 111 (1) (d) specifies that an officer, director or agent will be liable for monetary damages if he or she fails to perform his or her duties and the failure is a criminal act, or is a transaction from which the officer or director receives an improper personal benefit or constitutes recklessness or was in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property.
Section 111 (12) (a) 11 provides that any person intentionally destroying accounting records or intentionally failing to create or maintain accounting records required by the Condominium Act is subject to a civil penalty by the Division of Florida Land Sales, Condominiums and Mobile Homes of the Department of Business and Professional Regulation.
Official records of the association will have to be maintained for at least seven years. The records always had to be made available to a unit owner within five working days of receipt of a written request, but the act now specifies that the records must be made available within 45 miles of the condominium property or within the county in which the condominium property is located. The association may also offer the option of making the records available to a unit owner either electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request.
Social Security numbers, driver’s license numbers, credit card numbers and other personal identifying information of any person are added to the short list of information that is not accessible to unit owners.
Year end financial reports will be required to include a statement that reserves are funded at a sufficient level to avoid special assessment and, if not, the amount of assessments necessary to bring the reserves up to the level required to avoid a special assessment.
Section 112 of the act now provides that no voting interest or consent right allocated to a unit owned by the association shall be exercised or considered for any purpose, whether for a quorum, an election or otherwise. That means associations cannot vote for a unit owned by the association.
Board meetings were also addressed. If 20 percent of the voting interests petition the board to address an item of business the board must at its next regular board meeting or at a special meeting of the board not later than 60 days after receipt of the petition place the item on the agenda. Notice must be given to all owners of any board meetings in which regular or special assessment will be considered. The notice must now include estimated cost and description of the purpose for such assessments.
Unit owner meetings will be limited to the location provided in the by-laws and, if the by-laws do not provide a location, within 45 miles of the condominium property. In a condominium with more than 10 units, co-owners of a unit may not serve as members of the board of directors at the same time.
The Condominium Act previously prohibited persons convicted of a felony from serving on the board of directors. The disqualifying factors have been expanded to include persons suspended or removed by the division or who are delinquent more than ninety days in the payment of regular assessments. Convicted felons whose civil rights have been restored may still not serve on the board until at least five years have passed since their rights were restored. A director or officer charged with a felony theft or embezzlement involving association money or property is removed from office. As long as the charges are pending, the person may not be appointed or elected to a position as a director or officer. If the charges are resolved without a finding of guilt, the director or officer is reinstated for the remainder of his or her term (if any).
When new statutes are adopted (Adopted Oct 1, 2008), there can be confusion and questions about meaning and intent. That means good legal advice in this area will be elevated in importance. Associations that merely continue business as usual may face serious problems.
Posted by the Blog Team
Q: Did the 2008 Legislature make any changes to the Condominium Act?
A: In 2008, the Legislature made a number of changes to the Condominium Act. Most of them take effect Oct. 1. This article will reference some of the more important changes. All of the references in this article are to Chapter 718, Florida Statutes.
Section 111 (1) (d) specifies that an officer, director or agent will be liable for monetary damages if he or she fails to perform his or her duties and the failure is a criminal act, or is a transaction from which the officer or director receives an improper personal benefit or constitutes recklessness or was in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property.
Section 111 (12) (a) 11 provides that any person intentionally destroying accounting records or intentionally failing to create or maintain accounting records required by the Condominium Act is subject to a civil penalty by the Division of Florida Land Sales, Condominiums and Mobile Homes of the Department of Business and Professional Regulation.
Official records of the association will have to be maintained for at least seven years. The records always had to be made available to a unit owner within five working days of receipt of a written request, but the act now specifies that the records must be made available within 45 miles of the condominium property or within the county in which the condominium property is located. The association may also offer the option of making the records available to a unit owner either electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request.
Social Security numbers, driver’s license numbers, credit card numbers and other personal identifying information of any person are added to the short list of information that is not accessible to unit owners.
Year end financial reports will be required to include a statement that reserves are funded at a sufficient level to avoid special assessment and, if not, the amount of assessments necessary to bring the reserves up to the level required to avoid a special assessment.
Section 112 of the act now provides that no voting interest or consent right allocated to a unit owned by the association shall be exercised or considered for any purpose, whether for a quorum, an election or otherwise. That means associations cannot vote for a unit owned by the association.
Board meetings were also addressed. If 20 percent of the voting interests petition the board to address an item of business the board must at its next regular board meeting or at a special meeting of the board not later than 60 days after receipt of the petition place the item on the agenda. Notice must be given to all owners of any board meetings in which regular or special assessment will be considered. The notice must now include estimated cost and description of the purpose for such assessments.
Unit owner meetings will be limited to the location provided in the by-laws and, if the by-laws do not provide a location, within 45 miles of the condominium property. In a condominium with more than 10 units, co-owners of a unit may not serve as members of the board of directors at the same time.
The Condominium Act previously prohibited persons convicted of a felony from serving on the board of directors. The disqualifying factors have been expanded to include persons suspended or removed by the division or who are delinquent more than ninety days in the payment of regular assessments. Convicted felons whose civil rights have been restored may still not serve on the board until at least five years have passed since their rights were restored. A director or officer charged with a felony theft or embezzlement involving association money or property is removed from office. As long as the charges are pending, the person may not be appointed or elected to a position as a director or officer. If the charges are resolved without a finding of guilt, the director or officer is reinstated for the remainder of his or her term (if any).
When new statutes are adopted (Adopted Oct 1, 2008), there can be confusion and questions about meaning and intent. That means good legal advice in this area will be elevated in importance. Associations that merely continue business as usual may face serious problems.
Posted by the Blog Team
Wednesday, October 22, 2008
New Thread from Joe Garrity and Suzanne Weiss re: litigation
Dear Owners,
While the Blog is an excellent tool for fostering communication between unit owners (and theoretically, between the unit owners and the Board), it is not the appropriate venue for rendering legal advice or otherwise commenting on the status or strategy of the pending litigation.
In order to address these issues properly, maintain the attorney-client privilege, and maintain confidentiality, Mr. Garrity and myself extend an invitation to all unit owners to meet with us and each other (including those of the current Plaintiffs who are available) at our offices in downtown Fort Lauderdale: 10 South New River Drive East, Suite 100, Fort Lauderdale, FL 33301 (954-522-2983), on either Thursday or Friday of next week, at 6pm.
Please reply to sweissesq@gmail.com to advise if you are interested in attending the meeting, and which day works best, and we will post the date chosen based on availability of the majority, on the blog.
Thank you.
Posted By Suzanne Weiss & Joe GarrityAttorneys for Plaintiffs
While the Blog is an excellent tool for fostering communication between unit owners (and theoretically, between the unit owners and the Board), it is not the appropriate venue for rendering legal advice or otherwise commenting on the status or strategy of the pending litigation.
In order to address these issues properly, maintain the attorney-client privilege, and maintain confidentiality, Mr. Garrity and myself extend an invitation to all unit owners to meet with us and each other (including those of the current Plaintiffs who are available) at our offices in downtown Fort Lauderdale: 10 South New River Drive East, Suite 100, Fort Lauderdale, FL 33301 (954-522-2983), on either Thursday or Friday of next week, at 6pm.
Please reply to sweissesq@gmail.com to advise if you are interested in attending the meeting, and which day works best, and we will post the date chosen based on availability of the majority, on the blog.
Thank you.
Posted By Suzanne Weiss & Joe GarrityAttorneys for Plaintiffs
State Action on Our Behalf
I would encourage anyone who would like the “State” to investigate our Board, to follow the link, fill out the form and fax it to Ellyn Bogdanoff , our representative in the Florida House. Mr. Nevins, her legislative assistant, has diligently followed up on this matter, and seems eager to assist us.
http://www.myflorida.com/dbpr/lsc/documents/complaint_001.pdf
Pursuant to our conversation, please find the link for the condominium complaint form (above) to be filled out and faxed back to me at 954-762-3759. I will take it from there and keep you posted. In the meantime, please do not hesitate to ask if you have any additional questions or concerns. AN
Aaron Nevins
Legislative Aide to House Majority Whip Ellyn Bogdanoff
Florida House of Representatives, District 91
Written communications to or from state officials regarding state business are public records available to the public and media upon request. Therefore, your e-mail communications may be subject to public disclosure.
Posted by Donald J McLoughlin
http://www.myflorida.com/dbpr/lsc/documents/complaint_001.pdf
Pursuant to our conversation, please find the link for the condominium complaint form (above) to be filled out and faxed back to me at 954-762-3759. I will take it from there and keep you posted. In the meantime, please do not hesitate to ask if you have any additional questions or concerns. AN
Aaron Nevins
Legislative Aide to House Majority Whip Ellyn Bogdanoff
Florida House of Representatives, District 91
Written communications to or from state officials regarding state business are public records available to the public and media upon request. Therefore, your e-mail communications may be subject to public disclosure.
Posted by Donald J McLoughlin
WARNING TO THE OWNERS WHO SIT ON THE SIDELINE,AND DO NOT JOIN THE LAWSUIT..
If you are one of the owners who thinks why should I join the lawsuit?And let a few owners pay the cost, and fight for what is right.
Well let me tell you how I feel about that .There is a strong possibility that Frank can make a settlement with the people in the lawsuit.We will get cash to drop the lawsuit .Frank will not go to jail.The people who chose to do nothing will get nothing. IT IS YOUR CHOICE.
Posted by Anonymous
Well let me tell you how I feel about that .There is a strong possibility that Frank can make a settlement with the people in the lawsuit.We will get cash to drop the lawsuit .Frank will not go to jail.The people who chose to do nothing will get nothing. IT IS YOUR CHOICE.
Posted by Anonymous
Friday, October 17, 2008
OWNERS MEETING
It's about time, we the people, joined collectively together to air our grievances and find a solution to the way we're being victimized here at The Ocean Manor.
Perhaps a meeting where we can "ALL" meet to discuss the current problems that have arisen here and to be no longer responsible for Frank Talerico's debt.ANYONE who paid the October double assessment is a fool, as just pay your regular monthly payment.The extra payment you make is going towards funding Frank's debt and toward nothing else.
I have in front of me a copy of the January 11,2008 Board meeting minutes.It states about the loan and much more.
We need to band together to get a RECIEVER to run the financial operations of the condo, so we the people are not liable for Frank Talerico's enormous debt here at The Ocean Manor and at other properties he owns.
Let's meet and see the evidence that the lawsuit has of checks made out to Frank, Charlie, Carolyn, etc.
Write in (And yes, you can remain anonymous in doing so, and then we can decide where and when to meet) and let us try to fix the damage that has been done here.
How many would like to meet?
Posted by Anonymous
Perhaps a meeting where we can "ALL" meet to discuss the current problems that have arisen here and to be no longer responsible for Frank Talerico's debt.ANYONE who paid the October double assessment is a fool, as just pay your regular monthly payment.The extra payment you make is going towards funding Frank's debt and toward nothing else.
I have in front of me a copy of the January 11,2008 Board meeting minutes.It states about the loan and much more.
We need to band together to get a RECIEVER to run the financial operations of the condo, so we the people are not liable for Frank Talerico's enormous debt here at The Ocean Manor and at other properties he owns.
Let's meet and see the evidence that the lawsuit has of checks made out to Frank, Charlie, Carolyn, etc.
Write in (And yes, you can remain anonymous in doing so, and then we can decide where and when to meet) and let us try to fix the damage that has been done here.
How many would like to meet?
Posted by Anonymous
Should We or Shouldn't We Join The Current Lawsuit
We can empathize with the contributor of the blog comment posted October 8, 2008. Having paid our window assessment in full and on time, in addition to meeting all of our financial obligations, we are angry as hell that we find our condo under lien to General Bronze. This could have happened only one way. The Board, either legally or illegally, misappropriated this money to fund other projects, or in the worst case scenario, used the money for their own personal gain. Like others, we are beginning to believe we can only get the answer to these questions through litigation.
We question, however, the urgency to join the current lawsuit en mass as our grievances may be of a different nature than those of the other owners. It is not known by many how broad the current litigation in defined. The redress of their complaints , for example, may extend only to the question of windows. We doubt that it includes redress for a window assessment loss or action to free our units from the General Bronze lien. Both of these matters could conceivably involve criminal liability on the part of Board members or others acting in an administrative capacity in concert with the Board.
We would appreciate a comment from Mr. Garrity relative to this question.
For those of us who fit the problem profile as commented on in the October 8th blog remarks, we have been harmed by the Board in more than one way.
First, we don't know where we stand with regard to the money we paid for the window assessment. It is obvious that it did not go to General Bronze otherwise there would be no reason for them to impose a lien on our units. This requires immediate clarification through an official audit, by a reputable firm, of Ocean Manor financial records even if it takes a court order to accomplish it.
Second, we declined the offer of a loan to pay the window assessment since we did not wish to become involved in ligitat6ion in the event one or more of the owners defaulted. We documented this request and forwarded it directly to the Board. Guess who is now paying special assessments for October and November to cover the mishandling of the loan proceeds? The incompetence or lack of integrity on the part of this Board in incredulous.
Third, it is not known if the State of Florida requires a Disclosure Statement to accompany all real estate transactions. If it does, we would not be able to sell our unit without disclosing the fact that there was a lien on the property held by General Bronze. In an already depressed market you can imagine the impact this would have on the selling price.
Again, it might be prudent to seek a legal opinion as to whether joining the current lawsuit is the right way to go.
Posted by Anonymous
We question, however, the urgency to join the current lawsuit en mass as our grievances may be of a different nature than those of the other owners. It is not known by many how broad the current litigation in defined. The redress of their complaints , for example, may extend only to the question of windows. We doubt that it includes redress for a window assessment loss or action to free our units from the General Bronze lien. Both of these matters could conceivably involve criminal liability on the part of Board members or others acting in an administrative capacity in concert with the Board.
We would appreciate a comment from Mr. Garrity relative to this question.
For those of us who fit the problem profile as commented on in the October 8th blog remarks, we have been harmed by the Board in more than one way.
First, we don't know where we stand with regard to the money we paid for the window assessment. It is obvious that it did not go to General Bronze otherwise there would be no reason for them to impose a lien on our units. This requires immediate clarification through an official audit, by a reputable firm, of Ocean Manor financial records even if it takes a court order to accomplish it.
Second, we declined the offer of a loan to pay the window assessment since we did not wish to become involved in ligitat6ion in the event one or more of the owners defaulted. We documented this request and forwarded it directly to the Board. Guess who is now paying special assessments for October and November to cover the mishandling of the loan proceeds? The incompetence or lack of integrity on the part of this Board in incredulous.
Third, it is not known if the State of Florida requires a Disclosure Statement to accompany all real estate transactions. If it does, we would not be able to sell our unit without disclosing the fact that there was a lien on the property held by General Bronze. In an already depressed market you can imagine the impact this would have on the selling price.
Again, it might be prudent to seek a legal opinion as to whether joining the current lawsuit is the right way to go.
Posted by Anonymous
Monday, October 13, 2008
WHAT HAPPENED TO THE REVENUE COLLECTED FROM OUR WASHERS AND DRYERS ?
The made up financial's that Norman and Rick did,look like a 5th grader did them.Why are they so vague? Are they hiding something?Why is the revenue collected from the washers and dryers not reported as revenue collected? Did they forget it,or did they just put our money in their pockets????
WE NEED CERTIFIED FINANCIAL STATEMENTS!
Posted by Anonymous
WE NEED CERTIFIED FINANCIAL STATEMENTS!
Posted by Anonymous
Sunday, October 12, 2008
I See How This Works!!!
The owners of the private penthouse balconies DO NOT OWN the balconies when they need to PAY for the construction cost,the maintenance cost every month,or when it comes time to pay the real estate tax.
But they DO OWN the balconies when they are the only people who can enjoy them.When they hold special events and collect and keep all the money(like the air and sea show)And when they sell their units (I believe it is Chin who is advertising her unit for sale with a 1700 square foot private balcony!)
Posted by Anonymous
But they DO OWN the balconies when they are the only people who can enjoy them.When they hold special events and collect and keep all the money(like the air and sea show)And when they sell their units (I believe it is Chin who is advertising her unit for sale with a 1700 square foot private balcony!)
Posted by Anonymous
Saturday, October 11, 2008
The question is not if they are guilt ,BUT HOW BAD IS IT !!!!
How come the insurance revenue is not in Ricks,and Normans made up financial's as revenue income?They want to make believe that they never received it. I think that is where they got the money to pay for the private penthouse balconies.THAT INSURANCE MONEY IS OUR MONEY. WE PAY THE PREMIUMS. IT IS NOT THE BOARDS PERSONAL MONEY THAT THEY CAN SPEND ON THER UNITS,OR CAN WRITE CHECKS TO THEMSELVES FOR HUNDREDERDS OF THOUSANDS OF DOLLARS!!!!!!!!
How come the revenue they collect from our washers and dryers is not on there statement as revenue income??(they are our washers and dryers,we paid for them.we pay for the water and electric every month,and we pay for them when they break down.The money collected is ours, not the boards to put in their pockets)
Posted by Anonymous
How come the revenue they collect from our washers and dryers is not on there statement as revenue income??(they are our washers and dryers,we paid for them.we pay for the water and electric every month,and we pay for them when they break down.The money collected is ours, not the boards to put in their pockets)
Posted by Anonymous
Friday, October 10, 2008
IF IT WAS NOT FOR THE LAWSUIT HOW BAD WOULD IT BE ??
Just think about it, the board has a major lawsuit against them.They know that anything they do wrong will be brought up in the lawsuit.
I though that there was no way anyone cold use our condo money, or our insurance money to build private penthouse balconies.It appears that is what the board has done. I could only imagine how bad things would be if there was no lawsuit to keep them in check!!
I If they are not defeated in the lawsuit Watch OUT, there will be no stopping them.Than you will really see a lot more assessments, and much more abuse of our common area.It will make what they are doing now look like small potatoes.Everyone needs to join the lawsuit it only cost $2500.That is NOTHING compared to how much we will lose if the board wins the suit.If you do not have the $2500 Joe will work with you .We need more unit owners to join the suit.We are strong in numbers.
Posted by Anonymous
I though that there was no way anyone cold use our condo money, or our insurance money to build private penthouse balconies.It appears that is what the board has done. I could only imagine how bad things would be if there was no lawsuit to keep them in check!!
I If they are not defeated in the lawsuit Watch OUT, there will be no stopping them.Than you will really see a lot more assessments, and much more abuse of our common area.It will make what they are doing now look like small potatoes.Everyone needs to join the lawsuit it only cost $2500.That is NOTHING compared to how much we will lose if the board wins the suit.If you do not have the $2500 Joe will work with you .We need more unit owners to join the suit.We are strong in numbers.
Posted by Anonymous
Wednesday, October 8, 2008
Yes I do smell the stink..
Through this blog I have learned quite a bit. Monday morning I intend tocall the lawyer, Joe Garrity and join the fight. There are to many darkshadows, to many unanswered questions about money with no explanation of theaccounting of where it was spent or how much was spent. What about thepeople like myself that paid for the windows in full and what about thepeople who pay monthly assessments. What about the people who never signedup for loans, what about the people who were suppose to get their owncontractors? ??? Thanks to Norman Roberts and his best friend Rick Georgeand his buddy who he loaned money to, Frank Talerico (what a team). Theybetter be careful they might wind up like O.J., looking out from the insidefor a few years. I am not real happy with the law suit, but these peoplewere the only ones that had enough nerve to speak up for what they felt wasright and now I am beginning to think that they were. There is way too manyunanswered questions. Why did Shelley Toselli a board member, appointed byFrank and Charlie who replaced Alex asked to see our financial books, checkbooks and a list of people who were behind in maintenance. Shelly wasrefused that request by Rick, Frank and Charlie. What do you think they arehiding, why was she the only board member at the last meeting to vote no forthe big assessment? She stated she voted no because they had no accountingof records and where the money went and most of all where the money is goingin order to make an assessment on the condo, it must be to a dedicated itemhow much and where the money is to be spent. Rick is forgetting he is aclerk, works for the board and condo. Now Frank, Charlie, Carolyn and RitaTalerico they allowed Rick to stop Shelly from looking at books and itappears we are definitely being taken to the cleaners lets call a spade aspade. Now I see what the lawsuit is all about, if you snooze you loose,lets wake up and not smell the stink. The new windows they put in myapartment are terrible. The finished job is terrible and P.S. they leak. Ihave spoken to other owners and some of them already have cracks in theirwindows, yes we must be stupid, time to stand up and be counted. I think weshould join the blog and voice our opinions and maybe when we get enoughpeople call a meeting of our own, regarding the blog and what is going onaround us. Charlie and Frank are holding over a hundred pieces of property,where did the money come from??
It makes me wonder if Norman and Rick are involved with them. Somewhere,sometime and somehow the truth and justice will prevail! I strongly suggestall of us join in the suit for the right for justice and call Joe Garrity.
Posted by Anonymous
It makes me wonder if Norman and Rick are involved with them. Somewhere,sometime and somehow the truth and justice will prevail! I strongly suggestall of us join in the suit for the right for justice and call Joe Garrity.
Posted by Anonymous
What A Joke!
Did you see the financial's that the board MADE UP!! They are not certified. They do not mention anything about the insurance money. We need to know what happened to the insurance money? They do not show who paid for the private penthouse balconies. The pool revenues are only$11,911(they make that in 3 months). Where is the revenue that we collect from the washers and dryers?? It goes on and on!!! I WILL ASK AGAIN WHEN ARE WE GOING TO GET CERTIFIED FINANCIALS FOR THE PAST 4 YEARS!!
According to Ricks made up financial's why did we pay $40,964 on attorney cost??? All they need to do is spend $8,000 on audit financials, and there would not even be a lawsuit.( At this point that would save us of $32,964). The question is not if they are guilty,but HOW BAD IS IT !!!!! I do not think that any one would sign for the off on those made up financial's(they would be afraid that they would go to jail!!!)
Posted by Anonymous
According to Ricks made up financial's why did we pay $40,964 on attorney cost??? All they need to do is spend $8,000 on audit financials, and there would not even be a lawsuit.( At this point that would save us of $32,964). The question is not if they are guilty,but HOW BAD IS IT !!!!! I do not think that any one would sign for the off on those made up financial's(they would be afraid that they would go to jail!!!)
Posted by Anonymous
Saturday, October 4, 2008
WAKE UP AND SMELL THE STINK
SOME PEOPLE HAVE TO BE HIT IN THE HEAD WITH A HAMMER TO REALIZE WHATS HAPPENING, STOP WORRYING TO YOUR SELF, LOOK AROUND, WE AS THE OWNERS HAVE LOST OUR BUILDING, NOT GOING TO LOSE IT, BUT HAVE ALREADY LOST IT. LETS START WITH THE TOP AND WORK OUR WAY DOWN, YES THE LAW SUIT IS ABOUT THE WINDOWS BUT ONLY A SMALL PORTION IT, IT IS REALLY ABOUT OUR MONEY AND MISS APPROPRIATION OVER OUR FUNDS, SELF VIEWING AND LOSING OUR INVESTMENT. HOW MUCH DID THE WINDOWS COST??? WE JUST PAY. WHAT HAPPENED TO THE 3 MILLION DOLLARS FROM HURRICANE WILMA???? THE BOARD OF WHICH FRANK, CHARLIE AND THE MAIN PEOPLE, EVERYONE ELSE IS JUST THERE FOR SHOW. OH YES LETS NOT FORGET CAROLYN CHIN WHO IS ALSO GAINING ALL KINDS OF GOODIES FOR HER SIGNATURES ON PAPERS, LAST TIME I LOOKED SHE WAS OVER 3 MONTHS BEHIND ON HER MAINTENANCE WHICH MEANS SHE SHOULD BE OFF THE BOARD AND SHOWING CHARLIE BEING A CONVICTED FELON (Disclaimer: The Blog Team has no first hand knowledge of this information. It is strictly the opinion of the author of this post), BUT LETS GO BACK TO THE MONEY AND THE WINDOWS. WE RECEIVED 3 MILLION DOLLARS FROM HURRICANE WILMA BUT THE REAL OWNERS OWNER RECEIVED 1 ½ MILLION DOLLARS AND WE HAVE NO IDEA WHATSOEVER WHERE THAT MONEY WENT. NO BUDGET, NO BILL IN PARTICULAR, NO ACCOUNTING, JUST WENT. THEN THE BOARD IN ITS INTIMATE WISDOM TOOK THE OTHER 1 1/2MILLION DOLLARS AND USED IT FOR THE PENTHOUSE. MY FELLLOW OWNERS WE HAVE ONE INSURANCE POLICY THAT COVERS THE ENTIRE BUILDING. ITS OBVIOUS WHY THEY DID THIS, ITS CALLE D COVER YOUR TRACKS. LETS LOOK AND SEE WHO OWNS THE PENTHOUSE, OH YES CAROYLN CHIN AND FRANK TALLERCIO SO THERE YOU GO WHAT HAPPENED TO THE 1 ½ MILLION DOLLARS IT IS QUITE OBVIOUS, NO ACCOUNTING, NO BUDGET. THE BILLS THAT WERE PAID TO THE PENTOHUSE OWNERS. THROUGH OUR BOARD OF DIRECTORS WAS USED FOR SELF-GAIN. THEY MOVED WALLS, BULIT BARS, BUILT BALCONIES AND CHANGED THEIR WINDOWS SO NOW THEY CAN USE IT AS A PARTY PLACE, WHICH AGAIN IS TOTALLY ILLEGAL. AS FOR OUR BI LAWS, WE AS OWNERS NEVER VOTED ON THE BALCONIES, NEVER VOTED ON THE CURTAIN WALL AND THE WINDOWS THAT WERE PUT IT IN WERE DEFINTILEY NOT PUT IN AS PER THE ORIGINAL QUOTE. WHAT HAPPENED??? TO THE EXTRA MONEY THAT THEY SAVED BY COMPRIMISING THE WINDOWS THAT WERE INSTALLED, WHAT HAPPENED TO THE ASBESTOS REMOVAL, THAT NEVER HAPPENED AND WHAT HAPPENED TO THE CONCRETE RESTORATION AROUND TH E WINDOWS ON THE OUTSIDE, IT NEVER HAPPENED. ALL WE GOT WAS A PIECE OF TIN. OH YES JUST AS NORMAN ROBERTS THE SLIME BALL WHO LOANED GAMIBINO MONEY TO HURT US. AND NOW LOANED FRANK TALERICO 2 MILLION DOLLARS TO HURT US BUT THE BEST PART IS, CHARLIE, FRANK AND CHIN HIRED NORMAN ROBERTS TO BE OUR FINANCIAL CONSULTANT TO RUN OUR BOOKS AND THREATEN OUR PEOPLE AND CONTROL OUR FUNDS. WELL HE GOT HIS MONEY AS HE ALWAYS DOES ONE WAY OR THE OTHER. AGAIN NO ACCOUNTABILITY, NO BUDGETAND NO DOCUMENTATION NORMAN ROBERTS IS WHAT YOU CALL A HARD MONEY LENDER WHO LOANS MONEY AT HIGH INTEREST RATES WHO CAN’T GET CREDIT. WHAT HAPPEDND TO THE LOAN THAT WE APPROVED FROM ISRAEL BANK FOR 3 MILLION. DOLLARS? THAT WAS THE ONLY ONE THAT WAS APPROVED, BUT I HAVE A QUESTON ON THAT LOAN HOW COULD A BANK GIVE A CONDO A LOAN WHEN WE HAVE NOT HAD LEGITIMATE FINANCIAL STATEMENTS OR A BUDGET FROM A CERTIFIED ORDER IN OVER 4 YEARS. SO I GUESS THAT WAS ALSO ONE OF THEIR SCAMS AS IS EVERYTNING THAT THEY DO MY FELLOW OWNERS, PLEASE READ BETWEEN THE LINES THERE IS ONLY ONE WAY FOR THEM TO MAKE MONEY AND THAT IS TO SPEND MONEY. WE HAVE ABSOULUTELY NO INFORMATION ON THE 3 MILLION DOLLARS FROM WILMA, 3 MILLION FROM ISRAEL BANK OR WHAT EVER 3 DOUBLE ASSESMENTS FROM THE OWNERS AND THOUSANDS AND THOUSANDS OF DOLLARS THAT WAS PAID IN TOWARDS THE WINDOWS. THIS ACCOUNTS FOR OVER 10 MILLION DOLLARS THAT HAS PASSSED THROUGH OUR ROAD. AND WE STILL HAVE NO MONEY, NO ACCOUNTING AND NO CREDITABILITY. NOW THAT
IS WHAT THE LAWSUIT IS REALLY ABOUT. NOW ANOTHER ASSESSMENT, NO BUDGET, NO ACCOUNTABILITY AND NO INFORMATION WATSO EVER EXCEPT THEY NEED THE MONEY FOR GENERAL BRONZE. THIS HAS BEEN A WAY OF LIFE FOR US AT THE OCEAN MANOR, THAT IS WHAT THE LAWSUIT IS ALL ABOUT. NOW IN ADDITION TO ALL OF THE ABOVE MENTIONED WE NOW HAVE THE ICING ON TOP OF THE CAKE. SAMANTHA AND CHARLIE ARE RUNNING OUR VALET SERVICE, WHICH WE THE OWNERS PAY FOR EVERY MONTH AND THEY GET THE CHECK. IN ADDITION THEY MEANING CHARLIE AND SAMANTHA AND OH YES TALERCIO’S SISTER ARE RUNNING THE COFFEE SHOP IN OUR LOBBY ,THAT’S RIGHT OUR LOBBY. USING OUR FURNITURE FOR A DINING ROOM. WE PAY FOR THE CLEAN UP AND ALSO PAY FOR THE GARBAGE REMOVAL, BUT I AM NOT FINISHED YET WE HAVE AN ICE CREAM PARLOR THAT IS RUN BY SAMANTHA AND CHARLIE DOWN BY THE POOL IN ONE OF THE CABANAS, BUT WE ALSO HAVE A ATM MACHINE IN OUR LOBBY, VENDING MACHINES AND WASHING MACHINES WHAT HAPPENED TO THE MONEY???? GUESS WHAT I AM STILL NOT DONE. FRANK HAS TAKEN OVER MORE THAN DOUBLE THE SPACE THAT HE IS SUPPOSE TO HAVE AT THE TIKI BAR AND SNACK BAR AND HAS TOTALLY REDUCED OUR COMMON AREA, THAT HE PAYS NO MAINTENANCE ON. HE HAS OPENED OUR BEACH, AGAIN OUR BEACH AND OUR POOL TO THE PUBLIC WITH ADS ON THE RADIO AND BILLBOARDS AROUND TOWN SUCH AS FREE BEACH PARKING AT THE OCEAN MANOR, AGAIN WE PAY FOR THIS CLEAN UP, THE OPERATION OF THE POOL AND THE BEACH AND HE PAYS NO ADDITIONAL MANINTENANCE. OH YES HE DID RAISE OUR MAINTENANCE FOR THE USE OF HIS OFFICE.AND MOVED US TO A SMALLER LOCATION FOR THE CONDO. IN ADDITION TO ALL THIS WHAT ABOUT THE PARTIES AROUND THE ENTIRE POOL AREA, SUCH AS WEDDINGS OR POOL PARTIES, GUESS WEHAT WE ALSO PAY FOR THAT. WE ALSO LOSE USE OF THE POOL WHEN HE DECIDES TO RENT OUR POOL AND COMMON AREA FOR A PROFIT WITH HIS POCKET. WAKE UP PEOPLE DON’T GET HIT WITH THE HAMMER IT WILL COST YOU YOUR INVESTMENT. WHAT IS HAPPENING HERE IS CRAZY AND YOU KNOW IT. WE MUST JOIN TOGETHER TO STOP THIS. WE ARE GOING TO LOSE OUR INVESTMENTS WE ALREADY HAVE LOST OUR BUILDING, WE HAVE ABSOLUTELY NO SAY OR CONTROL OVER WHAT FRANKD & CHARLIE DO WITH OUR MONEY OR OUR PROPERTY, THRESE IS SO MUCH GOING ON EVERY SINGLE DAY BY FRANK & CHARLIE IT IS HARD TO KEEP TRACK. SUCH AS NOW WE HAVE A PIG ROAST WICHI IS ADVERTSIED ON THE RADIO, SO THE BEACH AND POOL IS OPEN TO THE PUBLIC THEY CAHRGE FOR PARKING, I WILL SAY IT AGAIN AND AGAIN AND AGAIN THIS IS WHAT THE LAWSUIT IS ALL ABOUT. CALL OUR ATTORNEY JOE GARITY OR SUSAN WEISS BEFORE IT IS TO LATE AND WE MUST PUT THE PUZZLE BACK TOGETHER. THEY HAVE ANSWERS FOR EVERYTHING BUT NEVER AN EXACT DOLLAR AMOUNT NO ACCREDIBILTY OR ACCOUNTATBILTY.
Posted by Anonymous
IS WHAT THE LAWSUIT IS REALLY ABOUT. NOW ANOTHER ASSESSMENT, NO BUDGET, NO ACCOUNTABILITY AND NO INFORMATION WATSO EVER EXCEPT THEY NEED THE MONEY FOR GENERAL BRONZE. THIS HAS BEEN A WAY OF LIFE FOR US AT THE OCEAN MANOR, THAT IS WHAT THE LAWSUIT IS ALL ABOUT. NOW IN ADDITION TO ALL OF THE ABOVE MENTIONED WE NOW HAVE THE ICING ON TOP OF THE CAKE. SAMANTHA AND CHARLIE ARE RUNNING OUR VALET SERVICE, WHICH WE THE OWNERS PAY FOR EVERY MONTH AND THEY GET THE CHECK. IN ADDITION THEY MEANING CHARLIE AND SAMANTHA AND OH YES TALERCIO’S SISTER ARE RUNNING THE COFFEE SHOP IN OUR LOBBY ,THAT’S RIGHT OUR LOBBY. USING OUR FURNITURE FOR A DINING ROOM. WE PAY FOR THE CLEAN UP AND ALSO PAY FOR THE GARBAGE REMOVAL, BUT I AM NOT FINISHED YET WE HAVE AN ICE CREAM PARLOR THAT IS RUN BY SAMANTHA AND CHARLIE DOWN BY THE POOL IN ONE OF THE CABANAS, BUT WE ALSO HAVE A ATM MACHINE IN OUR LOBBY, VENDING MACHINES AND WASHING MACHINES WHAT HAPPENED TO THE MONEY???? GUESS WHAT I AM STILL NOT DONE. FRANK HAS TAKEN OVER MORE THAN DOUBLE THE SPACE THAT HE IS SUPPOSE TO HAVE AT THE TIKI BAR AND SNACK BAR AND HAS TOTALLY REDUCED OUR COMMON AREA, THAT HE PAYS NO MAINTENANCE ON. HE HAS OPENED OUR BEACH, AGAIN OUR BEACH AND OUR POOL TO THE PUBLIC WITH ADS ON THE RADIO AND BILLBOARDS AROUND TOWN SUCH AS FREE BEACH PARKING AT THE OCEAN MANOR, AGAIN WE PAY FOR THIS CLEAN UP, THE OPERATION OF THE POOL AND THE BEACH AND HE PAYS NO ADDITIONAL MANINTENANCE. OH YES HE DID RAISE OUR MAINTENANCE FOR THE USE OF HIS OFFICE.AND MOVED US TO A SMALLER LOCATION FOR THE CONDO. IN ADDITION TO ALL THIS WHAT ABOUT THE PARTIES AROUND THE ENTIRE POOL AREA, SUCH AS WEDDINGS OR POOL PARTIES, GUESS WEHAT WE ALSO PAY FOR THAT. WE ALSO LOSE USE OF THE POOL WHEN HE DECIDES TO RENT OUR POOL AND COMMON AREA FOR A PROFIT WITH HIS POCKET. WAKE UP PEOPLE DON’T GET HIT WITH THE HAMMER IT WILL COST YOU YOUR INVESTMENT. WHAT IS HAPPENING HERE IS CRAZY AND YOU KNOW IT. WE MUST JOIN TOGETHER TO STOP THIS. WE ARE GOING TO LOSE OUR INVESTMENTS WE ALREADY HAVE LOST OUR BUILDING, WE HAVE ABSOLUTELY NO SAY OR CONTROL OVER WHAT FRANKD & CHARLIE DO WITH OUR MONEY OR OUR PROPERTY, THRESE IS SO MUCH GOING ON EVERY SINGLE DAY BY FRANK & CHARLIE IT IS HARD TO KEEP TRACK. SUCH AS NOW WE HAVE A PIG ROAST WICHI IS ADVERTSIED ON THE RADIO, SO THE BEACH AND POOL IS OPEN TO THE PUBLIC THEY CAHRGE FOR PARKING, I WILL SAY IT AGAIN AND AGAIN AND AGAIN THIS IS WHAT THE LAWSUIT IS ALL ABOUT. CALL OUR ATTORNEY JOE GARITY OR SUSAN WEISS BEFORE IT IS TO LATE AND WE MUST PUT THE PUZZLE BACK TOGETHER. THEY HAVE ANSWERS FOR EVERYTHING BUT NEVER AN EXACT DOLLAR AMOUNT NO ACCREDIBILTY OR ACCOUNTATBILTY.
Posted by Anonymous
DID WE EVER VOTE FOR THE PRIVATE PENTHOUSE BALCONIES????
I never ever remember a meeting in regards to the construction of the balconies.When you change the structure of the building you need a 75% vote to approve BY THE OWNERS. I do not know of any one who would vote for that but the penthouse owners.It appears that the board this all on their own!!Besides the extra maintenance they need to pay,they also need .to pay for the increased real estate tax!!!We know that when you do a improvement your real estate taxes are based on the assessed value.That means the taxes are much higher now!!The balconies are a MAJOR IMPROVMENT,that will be a big increase in the real estate tax that the owners of the penthouse must pay!!!What they did is against the law and we need to make sure they pay for it,and not pass it on to the unit owner in more double assessments!!!!
Posted by Anonymous
Posted by Anonymous
Friday, October 3, 2008
The board will not follow the condo law??
Frank is the president of our condo association.Our condo docs clearly states that only OWNERS may a small pet under 20 pounds(NOT RENTERS)Frank was asked at the meeting why his hotel accepted pet, and advertises a pet friendly hotel.Fank(the president of the condo assoc) said that he did not know what the condo docs rules were on pets.He said he would check into it.On 10-01-08 I seen a renter in the lobby with their dog sitting in the lobby!! This is a perfect example of how Frank and the board abuse their power!!! I am sick and tired of this, and I am joining the lawsuit!!! If they are not defeated in the lawsuit you will see much more abuse and a lot more double assessments!!!! By the way when will we have the certified audited condo reports!!!!! IT IS 4 YEARES LATE (and I wonder why?)
Posted by Anonymous
Posted by Anonymous
Ocean Manor is the poster child for the abuses addressed in this legislation.
The podcast gets to the crux after 5 minutes. Be patient or fast forward: the first item is access to documents, records and financials. Other items: transparency and accountability, penalty for destroying documents, fraud initiative, audits, recall of board members, delinquent board members, rights of convicted felons to serve on a board….
From: Richard White [mailto:CAMquestion@cfl.rr.com] Sent: Thursday, October 02, 2008 2:33 PMSubject: Re: Outline of changes to Condominium Act
Florida legislators have made major changes to the Condominium Act (FS718) and the Manager’s Act (FS468).
The changes take place October 1.
Attached is the outline describing the changes to FS 718 and the manager’s statute changes. (If for some reason the file does not open, email me and tell me what system or program you use. Can you read PDF files?) The official statute has not been produced and I do not know when it will be available. The HOA act was not approved this year however it is believed that the HOA act will have major changes next year. In addition, you can listen to an hour long podcast presenting FL Rep Julio Robaina describe the changes. If you use the attachment at the same time as listening to the podcast, it is a guide.
My web page is www.TalkWithCAM.com and the podcast is # 53 (http://talkwithcam.com/?p=64). Once you go to my web page, you can click on the link below the show notes to listen on your computer or my podcast can be downloaded to a MP3 player. Search the site for other subjects. Please tell your friends, neighbors, the board, and manager. If you have a newsletter or web page, please post the site name. Maybe put it on the bulletin board. To date, there are over 50 podcast on varying subjects.
Sorry for the delay, I have over 1,000 email requests and over the past couple of days I received over 2,000 letters. If you would like to suggest a podcast subject or be interviewed for a podcast, please let me know.
Again: www.TalkWithCAM.com
RW
Posted by Anonymous
The attachment referred to in Anonymous' post is too long to publish here. Anyone who wishes to read it it can email the blog at omowners@gmail.com , and we will send you the file. It is in MS Word format. ~ The Blog Team
From: Richard White [mailto:CAMquestion@cfl.rr.com] Sent: Thursday, October 02, 2008 2:33 PMSubject: Re: Outline of changes to Condominium Act
Florida legislators have made major changes to the Condominium Act (FS718) and the Manager’s Act (FS468).
The changes take place October 1.
Attached is the outline describing the changes to FS 718 and the manager’s statute changes. (If for some reason the file does not open, email me and tell me what system or program you use. Can you read PDF files?) The official statute has not been produced and I do not know when it will be available. The HOA act was not approved this year however it is believed that the HOA act will have major changes next year. In addition, you can listen to an hour long podcast presenting FL Rep Julio Robaina describe the changes. If you use the attachment at the same time as listening to the podcast, it is a guide.
My web page is www.TalkWithCAM.com and the podcast is # 53 (http://talkwithcam.com/?p=64). Once you go to my web page, you can click on the link below the show notes to listen on your computer or my podcast can be downloaded to a MP3 player. Search the site for other subjects. Please tell your friends, neighbors, the board, and manager. If you have a newsletter or web page, please post the site name. Maybe put it on the bulletin board. To date, there are over 50 podcast on varying subjects.
Sorry for the delay, I have over 1,000 email requests and over the past couple of days I received over 2,000 letters. If you would like to suggest a podcast subject or be interviewed for a podcast, please let me know.
Again: www.TalkWithCAM.com
RW
Posted by Anonymous
The attachment referred to in Anonymous' post is too long to publish here. Anyone who wishes to read it it can email the blog at omowners@gmail.com , and we will send you the file. It is in MS Word format. ~ The Blog Team
Sunday, September 28, 2008
How come the board has only answered two questions????
We know that the Board reads the blog. I am going to ask some of the questions the Board has not answered . Can the Board please answer these 13 questions.
1-Why does the Board say that $8,000 is too much to pay for audit financial's, but has spent hundreds of thousands of dollars on attorney fees?.
(They have three attorneys and are spending our money to pay the attorneys)
2-Who paid Norman Roberts a $500.00 xmas bonus with our condo money?
3-Who paid for the construction of the private penthouse balconies?
4-How much did we pay for the cheap tile in the hallways?
5-Who owns the private penthouse balconies?
6- Who paid for the marble in the penthouses?
7-Who is paying the real estate taxes on the private penthouse balconies?
8-When will we get audit financial's that is required by law? (they are way past the deadline)
9-Are the owners of the private penthouse balconies paying more maintenance every month because they own more square footage now?
10- Is Charley still sick?
11-Why did we pay way over fair market value for the windows from general bronze?
12-Have all the board members paid all their maintenance and double assessments? (we need to see that in the certified financial's)
13-Does Norman Roberts and Rick have a CAM license?
WE KNOW THE BOARD READS THE BLOG. PLEASE ANSWER THESE 13 QUESTIONS
Posted by Anonymous
1-Why does the Board say that $8,000 is too much to pay for audit financial's, but has spent hundreds of thousands of dollars on attorney fees?.
(They have three attorneys and are spending our money to pay the attorneys)
2-Who paid Norman Roberts a $500.00 xmas bonus with our condo money?
3-Who paid for the construction of the private penthouse balconies?
4-How much did we pay for the cheap tile in the hallways?
5-Who owns the private penthouse balconies?
6- Who paid for the marble in the penthouses?
7-Who is paying the real estate taxes on the private penthouse balconies?
8-When will we get audit financial's that is required by law? (they are way past the deadline)
9-Are the owners of the private penthouse balconies paying more maintenance every month because they own more square footage now?
10- Is Charley still sick?
11-Why did we pay way over fair market value for the windows from general bronze?
12-Have all the board members paid all their maintenance and double assessments? (we need to see that in the certified financial's)
13-Does Norman Roberts and Rick have a CAM license?
WE KNOW THE BOARD READS THE BLOG. PLEASE ANSWER THESE 13 QUESTIONS
Posted by Anonymous
Friday, September 26, 2008
Comments by Mr. Garrity & Ms. Weiss
The following thread was originally posted as a Comment under "Questions to Attorneys for Plaintiffs." A slightly modified version of that comment is posted here as a new thread at the request of attorneys Weiss and Garrity. ~The Bolg Team
First, let me start by expressing my thanks to the monitors of this blog and all of the Ocean Manor Owners who have started to see how little information this Board has chosen to dole out.
How are you advising your clients? Should they pay the double assessments?
My advice to my clients must remain as advice to my clients. This is to ensure that my clients’ attorney client privilege is maintained. However, I can say this generally; the most common method of funding special projects is through the use of special assessments. The first step is to review the Declaration of Condominium, Articles of Incorp oration and By-Laws ("Condominium Documents"). The Condominium Act states that special assessments must be levied as provided in the Condominium Documents. Assuming that the Board can levy special assessments, the notice of the special assessment meeting is governed by very specific notice procedures, found at Section 718.112(2)(c) of the Condominium Act. Generally speaking, the notice of the Board meeting where the special assessment will be considered must be mailed to each unit owner at least 14 days in advance of the Board meeting, and also posted at a conspicuous place in the Condominium, designated by Board rule. The notice must state that a special assessment will be considered, and the nature of the special assessment. When the Board meets and levies the special assessment, the assessment should be set at a fixed amount. The Board must then send out a second notice, this one being required by Section 718.116(10) of the Condominium Act. Essentially, this notice must notify the owners that a special assessment has been levied, the purpose of the special assessment, and the due dates. The problem with the meeting that I attended is that there was no specific amount ever defined=2 0by the Board as being needed. It was like most of the assessments levied by this Board a vague number that may address the General Bronze lien but there was nothing to substantiate the amount of the assessment.
Should they put the money in escrow?
If you choose not to pay the assessment the Board can direct their counsel to place a lien on your unit and attempt foreclosure. Several of my clients are facing that fate at this point. However, my clients never wanted to receive free windows. My clients want the Board to act in the manner proscribed by Florida law and your Condominium documents. They chose not to.
Should you escrow the money?
Only if you are committed to making this Board play by the rules and are aware that there are consequences for your action that you are willing to fight over.
What are our rights as homeowners?
You have the right to see everything that your Board sees when it made its decision to levy the assessments. You should be able to see financials, quotes, balance sheets, agreements and anything else that would allow you to come to the same conclusion as the Board. Has anyone been provided the type of information to know that your money is being watched over in a fair and just manner? If not you should try to get the information necessary to be a part of the decision and not someone lead down a primrose path.
Liens have been threatened, is it possible for the board to foreclose on our property?
Yes, if you challenge the Boards authority then they will try to foreclose on you. It is their hammer. However, the alternative is to allow the behavior to continue and go unchecked. When will it be too much for you to take? That is a personal question that each of you must answer.
How can we use the Florida system that is supposed to monitor condominium rules to our advantage?
My20clients have already started the process and if you support their efforts to get some accountability from the Board then you should join them or start your own efforts to get information you are entitled to in order to determine if your money is being used wisely, wasted or worse than that.
Is it true that your clients are getting free windows?
No. My clients are only interested in getting the Board to act appropriately with full disclosure. They are not in this suit for free windows. When is the lawsuit scheduled to go before the judge?
We are not currently set for trial on the main suit. We are however moving forward on as many fronts as possible to make this Board comply with basic requirements. We have recently filed a complaint with the State of Florida detailing the lack of financial accountability. The Board continues to paint my clients as rouge clients who are only interested in not paying for their windows but nothing is further from the truth. You all have seen firsthand how OM is being governed. There is no accountability for funds received or spent. No one has answered basic questions about money paid directly to Board members.
Would other owners benefit by joining the lawsuit?
Yes. There is strength in numbers. If members of this association stand up united against this Board there will be a change. You will start to understand what money is coming in and what money is going out. We will get the attention of the State and of the Court if more members of the Association join in questioning the Boards activities. All we are looking for is the ability to understand what is happening with the Association’s money. We would like to make sure that it is not being spent to the benefit of Board members while unit owners keep digging deeper and deeper into their pockets. At the meeting it was disclosed that OM pays the highest per square foot assessments on the Galt. That does not even include special assessments. Obviously a building like OM needs up keep. But does it need a monstrosity of a balcony added to the top of it without anyone knowing how it was done or who paid for it? Many questions remain unanswered. Hopefully, more members can force answers out of the Board that everyone is entitled to at OM.
Assuming it is possible how would one proceed to join?
It is always possible to join and you simply need to contact Joe Garrity at jgarrity@qbc-law.com or Suzanne Weiss at sweiss@weissfranchiselaw.com and we would be happy to meet with any of you.
What is the cost to join?
Please call to discuss issues of cost. However, I am not charging an hourly fee for representation of my clients in the main case. We are=2 0requesting cost deposits of $2,500.00 per client and money will be held in trust and used for cost only. There will be no hourly fee for the work as we are currently working on a contingency fee arrangement.
How can the owners force a new election for Board of Directors?
There are specific procedures for the removal of a current Board and demanding the election of a new Board. We would be happy to discuss these procedures with anyone who contacts us.
Posted by
Suzanne Weiss &
Joseph D. Garrity
Attorneys for Plaintiffs
against OM - Board of Directors
First, let me start by expressing my thanks to the monitors of this blog and all of the Ocean Manor Owners who have started to see how little information this Board has chosen to dole out.
How are you advising your clients? Should they pay the double assessments?
My advice to my clients must remain as advice to my clients. This is to ensure that my clients’ attorney client privilege is maintained. However, I can say this generally; the most common method of funding special projects is through the use of special assessments. The first step is to review the Declaration of Condominium, Articles of Incorp oration and By-Laws ("Condominium Documents"). The Condominium Act states that special assessments must be levied as provided in the Condominium Documents. Assuming that the Board can levy special assessments, the notice of the special assessment meeting is governed by very specific notice procedures, found at Section 718.112(2)(c) of the Condominium Act. Generally speaking, the notice of the Board meeting where the special assessment will be considered must be mailed to each unit owner at least 14 days in advance of the Board meeting, and also posted at a conspicuous place in the Condominium, designated by Board rule. The notice must state that a special assessment will be considered, and the nature of the special assessment. When the Board meets and levies the special assessment, the assessment should be set at a fixed amount. The Board must then send out a second notice, this one being required by Section 718.116(10) of the Condominium Act. Essentially, this notice must notify the owners that a special assessment has been levied, the purpose of the special assessment, and the due dates. The problem with the meeting that I attended is that there was no specific amount ever defined=2 0by the Board as being needed. It was like most of the assessments levied by this Board a vague number that may address the General Bronze lien but there was nothing to substantiate the amount of the assessment.
Should they put the money in escrow?
If you choose not to pay the assessment the Board can direct their counsel to place a lien on your unit and attempt foreclosure. Several of my clients are facing that fate at this point. However, my clients never wanted to receive free windows. My clients want the Board to act in the manner proscribed by Florida law and your Condominium documents. They chose not to.
Should you escrow the money?
Only if you are committed to making this Board play by the rules and are aware that there are consequences for your action that you are willing to fight over.
What are our rights as homeowners?
You have the right to see everything that your Board sees when it made its decision to levy the assessments. You should be able to see financials, quotes, balance sheets, agreements and anything else that would allow you to come to the same conclusion as the Board. Has anyone been provided the type of information to know that your money is being watched over in a fair and just manner? If not you should try to get the information necessary to be a part of the decision and not someone lead down a primrose path.
Liens have been threatened, is it possible for the board to foreclose on our property?
Yes, if you challenge the Boards authority then they will try to foreclose on you. It is their hammer. However, the alternative is to allow the behavior to continue and go unchecked. When will it be too much for you to take? That is a personal question that each of you must answer.
How can we use the Florida system that is supposed to monitor condominium rules to our advantage?
My20clients have already started the process and if you support their efforts to get some accountability from the Board then you should join them or start your own efforts to get information you are entitled to in order to determine if your money is being used wisely, wasted or worse than that.
Is it true that your clients are getting free windows?
No. My clients are only interested in getting the Board to act appropriately with full disclosure. They are not in this suit for free windows. When is the lawsuit scheduled to go before the judge?
We are not currently set for trial on the main suit. We are however moving forward on as many fronts as possible to make this Board comply with basic requirements. We have recently filed a complaint with the State of Florida detailing the lack of financial accountability. The Board continues to paint my clients as rouge clients who are only interested in not paying for their windows but nothing is further from the truth. You all have seen firsthand how OM is being governed. There is no accountability for funds received or spent. No one has answered basic questions about money paid directly to Board members.
Would other owners benefit by joining the lawsuit?
Yes. There is strength in numbers. If members of this association stand up united against this Board there will be a change. You will start to understand what money is coming in and what money is going out. We will get the attention of the State and of the Court if more members of the Association join in questioning the Boards activities. All we are looking for is the ability to understand what is happening with the Association’s money. We would like to make sure that it is not being spent to the benefit of Board members while unit owners keep digging deeper and deeper into their pockets. At the meeting it was disclosed that OM pays the highest per square foot assessments on the Galt. That does not even include special assessments. Obviously a building like OM needs up keep. But does it need a monstrosity of a balcony added to the top of it without anyone knowing how it was done or who paid for it? Many questions remain unanswered. Hopefully, more members can force answers out of the Board that everyone is entitled to at OM.
Assuming it is possible how would one proceed to join?
It is always possible to join and you simply need to contact Joe Garrity at jgarrity@qbc-law.com or Suzanne Weiss at sweiss@weissfranchiselaw.com and we would be happy to meet with any of you.
What is the cost to join?
Please call to discuss issues of cost. However, I am not charging an hourly fee for representation of my clients in the main case. We are=2 0requesting cost deposits of $2,500.00 per client and money will be held in trust and used for cost only. There will be no hourly fee for the work as we are currently working on a contingency fee arrangement.
How can the owners force a new election for Board of Directors?
There are specific procedures for the removal of a current Board and demanding the election of a new Board. We would be happy to discuss these procedures with anyone who contacts us.
Posted by
Suzanne Weiss &
Joseph D. Garrity
Attorneys for Plaintiffs
against OM - Board of Directors
Is the Board ready to cash out?
I came across this advertisement for the sale of one of the apartments in the Penthouse.
For ONE MILLION FIVE HUNDRED THOUSAND DOLLARS
Please note that uses are listed as a “private party or club”, space. This does not indicate to me that the Board is putting the owner’s quality of life issues at the top of their “to do list”. I believe that the apartment belongs to Frank; if not would someone please set me straight.
http://www.1inamillionfillion.com/MyHomeDtl.asp?HomeID=780693&P=28
Address: 4040 Galt Ocean Dr. #1101
City/ST: Fort Lauderdale, FL Zip Code: 33308
Location: Fort Lauderdale, Florida
Property Type: Condo
New or Resale: Resale
Square Footage: 2508
Bedrooms: 3
Bathrooms: 3
MLS# F956940
Unique newly renovated 3/3 direct oceanfront penthouse with approx 1800 SF balcony on 200ft. private beach for celebrity or VIP mini-mansion in the sky.One of 2 penthouses offered that can be combined for 5 bedroom/5bath. High rental income property for groups,corp,private party or club(no rental restrictions). At Ocean Manor beach resort with rest,cafe,pool,tiki bar,valet,room service,concierge/front desk service. The penthouse designer finished marble floors,granite/stainless kith/baths Listing Agent and Office: Roderick Perkins, Allstar Realty Inc.
Posted by Donald J. McLaughlin
For ONE MILLION FIVE HUNDRED THOUSAND DOLLARS
Please note that uses are listed as a “private party or club”, space. This does not indicate to me that the Board is putting the owner’s quality of life issues at the top of their “to do list”. I believe that the apartment belongs to Frank; if not would someone please set me straight.
http://www.1inamillionfillion.com/MyHomeDtl.asp?HomeID=780693&P=28
Address: 4040 Galt Ocean Dr. #1101
City/ST: Fort Lauderdale, FL Zip Code: 33308
Location: Fort Lauderdale, Florida
Property Type: Condo
New or Resale: Resale
Square Footage: 2508
Bedrooms: 3
Bathrooms: 3
MLS# F956940
Unique newly renovated 3/3 direct oceanfront penthouse with approx 1800 SF balcony on 200ft. private beach for celebrity or VIP mini-mansion in the sky.One of 2 penthouses offered that can be combined for 5 bedroom/5bath. High rental income property for groups,corp,private party or club(no rental restrictions). At Ocean Manor beach resort with rest,cafe,pool,tiki bar,valet,room service,concierge/front desk service. The penthouse designer finished marble floors,granite/stainless kith/baths Listing Agent and Office: Roderick Perkins, Allstar Realty Inc.
Posted by Donald J. McLaughlin
Attorneys' Response to Member's Questions
The Blog Team would like to direct your attention to the Comment under the Post, "Questions to 'Attorneys for the Plaintiffs'." Mr Garrity and Ms Weiss have provided thorough and thoughtful answers to all of the questions that were posted here. Our thanks go out the attorneys.
If any members have additional questions for the attorneys please ask them as a Comment under the Post referenced above.
Posted by the OM Owners Blog Team
If any members have additional questions for the attorneys please ask them as a Comment under the Post referenced above.
Posted by the OM Owners Blog Team
Thursday, September 25, 2008
Who is paying the taxes and the maintenance on the private penthouse balconies??
The owners of those private penthouse balconies need to pay extra maintenance every month because they own more square footage. We need to change the condo docts to include the new ownership of the balconies. Those balconies are going to require maintenance. Like painting,and concrete restoration (that is very expensive). I know restoration will not be rite away, but when the balconies get older. I am sure that the of concrete restoration will be passed on to us as a special assessment!!!
We are waiting for the board to answer who paid for the balconies. If they do not answer we will have to wait for the certified audit that is required by law. The audit is way past the due date. (I wonder why??) Also are those owners of the private balconies paying more maintenance every single month because they own more square footage. The maintenance gose off of the percentage of what you own in the building (and they own more now!!!). By the way the only way you can access the penthouse balconies is though a privatly owned unit. (no public access). I never ever remember a meeting in regards to the construction of the balconies. When you change the structure of the building you need a 75% vote to approve BY THE OWNERS. I do not know of any one who would vote for that but the penthouse owners (and that is only 4% of the owners not 75%)
It appears that the board this all on their own!!
Besides the extra maintenance they need to pay,they also need to pay for the increased real estate tax!!!
We know that when you do a improvement your real estate taxes are based on the assessed value, and that means the taxes are much higher now!!
The balconies are a MAJOR IMPROVMENT, that will be a big increase in the real estate tax. The owners of the penthouse must pay!!!
What they did is against the law . We need to make sure they pay for it,and not pass the real estate tax on to the unit owners (if they do not claim ownership we will have to pay for the increase in the real estate tax!). Now I can see why we get so many double assessments!!!!
Posted by Anonymous
We are waiting for the board to answer who paid for the balconies. If they do not answer we will have to wait for the certified audit that is required by law. The audit is way past the due date. (I wonder why??) Also are those owners of the private balconies paying more maintenance every single month because they own more square footage. The maintenance gose off of the percentage of what you own in the building (and they own more now!!!). By the way the only way you can access the penthouse balconies is though a privatly owned unit. (no public access). I never ever remember a meeting in regards to the construction of the balconies. When you change the structure of the building you need a 75% vote to approve BY THE OWNERS. I do not know of any one who would vote for that but the penthouse owners (and that is only 4% of the owners not 75%)
It appears that the board this all on their own!!
Besides the extra maintenance they need to pay,they also need to pay for the increased real estate tax!!!
We know that when you do a improvement your real estate taxes are based on the assessed value, and that means the taxes are much higher now!!
The balconies are a MAJOR IMPROVMENT, that will be a big increase in the real estate tax. The owners of the penthouse must pay!!!
What they did is against the law . We need to make sure they pay for it,and not pass the real estate tax on to the unit owners (if they do not claim ownership we will have to pay for the increase in the real estate tax!). Now I can see why we get so many double assessments!!!!
Posted by Anonymous
Quality of New Windows?
Hi Everyone,
I have heard people at the Ocean Manor state theat they are not satisfied with the new windows because of leaks, cracks, and gennerally poor installation.
Given that General bronze has put a lien on our building, I wonder if it would be a good idea to begin a suit against General Bronze.
This, of course, would mean that owners feel the windows and/or installation was not done as promised. Is this the case? Please let your opinion be known. This question is put out to owners who have installed the new General Bronze Windows only.
If enough people feel they are wronged, it makes sense to hire Joe Garrity (or another lawyer) to go after General Bronze.
Whether your opinion is favourable or unfavourable, please let the Blog readers know.
Posted by Anonymous
I have heard people at the Ocean Manor state theat they are not satisfied with the new windows because of leaks, cracks, and gennerally poor installation.
Given that General bronze has put a lien on our building, I wonder if it would be a good idea to begin a suit against General Bronze.
This, of course, would mean that owners feel the windows and/or installation was not done as promised. Is this the case? Please let your opinion be known. This question is put out to owners who have installed the new General Bronze Windows only.
If enough people feel they are wronged, it makes sense to hire Joe Garrity (or another lawyer) to go after General Bronze.
Whether your opinion is favourable or unfavourable, please let the Blog readers know.
Posted by Anonymous
Tuesday, September 23, 2008
Private Balconies for The Penthouse Units
Who paid for the construction of the private balconies for the penthouse units? Do the owner of the penthouse units pay maintenance on their new private balconies? You know the private balconies that only benefits the owners of the penthouse units. Yes, the same balconies that the owners of those balconies collect and keep money for special events(Like the air and sea show).
Now that we established that they are private balconies I hope the owners of the balconies paid for the construction of those balconies, and pay extra maintenance every month because they own more square footage. So that means that we should get a reduction on our maintenance and on our double assessments.
Can the board please answer my three questions: Who paid for the construction of the private penthouse balconies? Do the owners of the private balconies pay more maintenance and more double assessments? Do the other unit owners get a discount on their maintenance and double assessment payments?
POSTED BY
Michael Bencivenga, owner of units # 209, 301, and 319
Now that we established that they are private balconies I hope the owners of the balconies paid for the construction of those balconies, and pay extra maintenance every month because they own more square footage. So that means that we should get a reduction on our maintenance and on our double assessments.
Can the board please answer my three questions: Who paid for the construction of the private penthouse balconies? Do the owners of the private balconies pay more maintenance and more double assessments? Do the other unit owners get a discount on their maintenance and double assessment payments?
POSTED BY
Michael Bencivenga, owner of units # 209, 301, and 319
Monday, September 22, 2008
Questions to "Attorneys for Plaintiffs."
How are you advising your clients? Should they pay the double assessments?
Should they put the money in escrow?
What are our rights as homeowners?
Liens have been threatened, is it possible for the board to foreclose on our property?
How can we use the Florida system that is supposed to monitor condominium rules to our
advantage?
Is it true that your clients are getting free windows?
Posted by Maggie McLoughlin
These are excellent questions. Thank you, Ms. McLaughlin! The Blog Team would like to add the following questions to your post:
When is the lawsuit scheduled to go before the judge?
Would other owners benefit by joining the lawsuit?
Assuming it is possible how would one proceed to join?
What is the cost to join?
How can the owners force a new election for Board of Directors?
Thank you, Mr Garrity and Ms Weiss, in advance for your response and any advice that you can provide to the membership!
The OM Owner's Blog Team
Should they put the money in escrow?
What are our rights as homeowners?
Liens have been threatened, is it possible for the board to foreclose on our property?
How can we use the Florida system that is supposed to monitor condominium rules to our
advantage?
Is it true that your clients are getting free windows?
Posted by Maggie McLoughlin
These are excellent questions. Thank you, Ms. McLaughlin! The Blog Team would like to add the following questions to your post:
When is the lawsuit scheduled to go before the judge?
Would other owners benefit by joining the lawsuit?
Assuming it is possible how would one proceed to join?
What is the cost to join?
How can the owners force a new election for Board of Directors?
Thank you, Mr Garrity and Ms Weiss, in advance for your response and any advice that you can provide to the membership!
The OM Owner's Blog Team
Regarding the Special Set Meeting of Sept. 11, 2008
Plaintiff's counsel was in attendance at the "Special Set" meeting of Sept. 11, 2008. Despite requests, no reason was given for the amount of the Special Assessments. The Board spoke in generalities regarding the need for money, and no specifics were given as to why or what for. One Board member voted against the Special Assessments, for that reason. The Board continues to operate without audited financials, proper elections or procedures, or any accountability for its actions.
Posted by:
Joseph D. Garrity &
Suzanne Weiss
Attorneys for Plaintiffs
against OM - Board of Directors
Posted by:
Joseph D. Garrity &
Suzanne Weiss
Attorneys for Plaintiffs
against OM - Board of Directors
Sunday, September 21, 2008
Who Paid Norm Roberts a $500 Xmas Bonus?
WHO PAID NORMAN ROBERTS A $500 XMASS BONIUS ON 12-22-06 ??
DID NORMAN PAY NORMAN? OR DID THE BOARD PAY NORMAN? IT REALLY DOES NOT MATTER, I WOULD THINK THAT IS AGAINST THE LAW.
NO WOUNDER WE HAVE NO MONEY AND ARE BEING DOUBLE ASSESSED!!!!
CAN THE BOARD PLEASE ANSWER WHO PAID NORMAN?????
Posted by Anonymous
DID NORMAN PAY NORMAN? OR DID THE BOARD PAY NORMAN? IT REALLY DOES NOT MATTER, I WOULD THINK THAT IS AGAINST THE LAW.
NO WOUNDER WE HAVE NO MONEY AND ARE BEING DOUBLE ASSESSED!!!!
CAN THE BOARD PLEASE ANSWER WHO PAID NORMAN?????
Posted by Anonymous
Saturday, September 20, 2008
Window Issues/Money Management
There was “loan” money for windows left over after all owners who wanted a loan got a loan. The BOD chose not to give the money back to the loan company.
Is this money accounted for in a budget or audited accounting?
Can owners start paying assessments into an escrow account? This will show our good faith in continuing to fund the building.
The BOD can show its good faith by providing audited accounts of funds paid out.
Posted by Cliff
Is this money accounted for in a budget or audited accounting?
Can owners start paying assessments into an escrow account? This will show our good faith in continuing to fund the building.
The BOD can show its good faith by providing audited accounts of funds paid out.
Posted by Cliff
WHO PAID FOR THE MARBLE IN THE PENTHOUSE???
I remember Ocean Manor sent a letter, or maybe it was a copy from one of the meetings. They stated that they installed MARBLE in the hallways by the elevators. That is not true. All they installed was cheap tile. If you recall it was the same time they installed marble in the penthouse (remember it is when they broke the elevator and paid to repair the elevator with condo money). Remember no MARBLE WAS EVER INSTALLED IN THE HALLWAYS.
Are they mistaken and just calling it marble when they meant cheap tile? Well let's see how much we paid for the tile. They never told us how much it cost, so let us do the math. I am guessing, but I will go to the high side. Let's say the hallway that they tiled is 7 feet by 17 feet by 9 floors. That is 1071 square feet. A fair price for a QUALITY JOB would be $2 dollars a square foot for the tile and $3.50 a square foot to install the tile. That means the tile should of cost around $5890 to do all the floors.
I HAVE A QUESTION FOR THE BOARD: HOW MUCH DID WE PAY??
It would be nice if you had that price in an audited report filed in time, as required by law .
Posted by Anonymous
Are they mistaken and just calling it marble when they meant cheap tile? Well let's see how much we paid for the tile. They never told us how much it cost, so let us do the math. I am guessing, but I will go to the high side. Let's say the hallway that they tiled is 7 feet by 17 feet by 9 floors. That is 1071 square feet. A fair price for a QUALITY JOB would be $2 dollars a square foot for the tile and $3.50 a square foot to install the tile. That means the tile should of cost around $5890 to do all the floors.
I HAVE A QUESTION FOR THE BOARD: HOW MUCH DID WE PAY??
It would be nice if you had that price in an audited report filed in time, as required by law .
Posted by Anonymous
Friday, September 19, 2008
ANOTHER Increased Maintenance Assessment
Hello everyone.
I just received the latest email from Norman regarding ANOTHER increased maintenance assessment for the next two months. Am I the only one who feels like the owners who have already paid for their windows in full are now also responsible to "make up" the balance owed to General Bronze for the other owners who did not pay ANYTHING WHATSOEVER for their windows? This is ridiculous and I'm sick of Frank and incompetence with how to run a hotel and expecting us to cover for his mistakes.
I am interested in seeing what other owners think. I have had my unit up for sale for over 2 years and had no interest. I know the market is really bad, so at this point, I would just like to sell it at a big loss and just get out all together. If anyone knows of anyone that is looking to buy in the Ocean Manor, please let me know. Thanks. Marian Hite, Unit 501.
Posted by Marian Hite
I just received the latest email from Norman regarding ANOTHER increased maintenance assessment for the next two months. Am I the only one who feels like the owners who have already paid for their windows in full are now also responsible to "make up" the balance owed to General Bronze for the other owners who did not pay ANYTHING WHATSOEVER for their windows? This is ridiculous and I'm sick of Frank and incompetence with how to run a hotel and expecting us to cover for his mistakes.
I am interested in seeing what other owners think. I have had my unit up for sale for over 2 years and had no interest. I know the market is really bad, so at this point, I would just like to sell it at a big loss and just get out all together. If anyone knows of anyone that is looking to buy in the Ocean Manor, please let me know. Thanks. Marian Hite, Unit 501.
Posted by Marian Hite
Thursday, September 18, 2008
Negatives vs Positives
During this lull in posting activity the Blog Team would like to make a pitch to the membership. First of all we are pleased with the response to your Blog. Since its inception on August 25 there have been 16 posts and 78 comments. This amount of volume is far beyond our expectations, and we thank you for those contributions. It can be said with certainty that we have all learned a lot about issues that are of immense importance to the owners.
One of the purposes of the Blog is to have a dialog between the Board, the commercial owners, the condo staff, and the association membership. While some dialog has occurred, the tone and demeanor of some posts may be off-putting insofar as encouraging dialog is concerned. Let us not stoop to schoolyard bullying, name calling, or other offensive use of the Blog. If the Board President is consistently bombarded with insults, then don’t expect to see many (or any) responses to our questions and concerns. Keep in mind, too, that the Blog is available to the public. Too much negativity can be very bad - especially for those of you who have units listed for sale.
Of the 94 contributions to the blog only one was positive in their support of the changes and accomplishments made by this Board. Freedom of speech is encouraged here; however, rather than simply condemning the actions of the Board President, we all stand a better chance by attempting to work within the system. There is a pending law suit against the Board. In our society there is a presumption of innocence. If the facts presented by those bringing the suit are upheld in court, then the membership can react accordingly.
In the meantime we thought it would be useful to list some of the accomplishments of this Board of Directors:
Outside Painting
Inside Painting
New Carpeting
Upgrade Air Conditioning
Fire Compliance
Lobby Upgrades
Landscaping
Timely Repairs after Wilma
Improvements to Commercial Areas
Windows Replacement
On the other side of the coin here is a list of your main concerns as evidenced by your Blog contributions:
Double Assessments
The Unit Owner’s Lawsuit vs the Board
Lack of Accounting Audit
Loss of Owner’s Parking Spaces
General Bronze Lien Implications
Enforcement of the Pet Policy
Tiki Bar - Disruptive Events
Use of Common Areas
Hotel Program Abuses
Thank you again for your continued support of your Blog!
Posted by the OM Owner's Blog Team
One of the purposes of the Blog is to have a dialog between the Board, the commercial owners, the condo staff, and the association membership. While some dialog has occurred, the tone and demeanor of some posts may be off-putting insofar as encouraging dialog is concerned. Let us not stoop to schoolyard bullying, name calling, or other offensive use of the Blog. If the Board President is consistently bombarded with insults, then don’t expect to see many (or any) responses to our questions and concerns. Keep in mind, too, that the Blog is available to the public. Too much negativity can be very bad - especially for those of you who have units listed for sale.
Of the 94 contributions to the blog only one was positive in their support of the changes and accomplishments made by this Board. Freedom of speech is encouraged here; however, rather than simply condemning the actions of the Board President, we all stand a better chance by attempting to work within the system. There is a pending law suit against the Board. In our society there is a presumption of innocence. If the facts presented by those bringing the suit are upheld in court, then the membership can react accordingly.
In the meantime we thought it would be useful to list some of the accomplishments of this Board of Directors:
Outside Painting
Inside Painting
New Carpeting
Upgrade Air Conditioning
Fire Compliance
Lobby Upgrades
Landscaping
Timely Repairs after Wilma
Improvements to Commercial Areas
Windows Replacement
On the other side of the coin here is a list of your main concerns as evidenced by your Blog contributions:
Double Assessments
The Unit Owner’s Lawsuit vs the Board
Lack of Accounting Audit
Loss of Owner’s Parking Spaces
General Bronze Lien Implications
Enforcement of the Pet Policy
Tiki Bar - Disruptive Events
Use of Common Areas
Hotel Program Abuses
Thank you again for your continued support of your Blog!
Posted by the OM Owner's Blog Team
Sunday, September 14, 2008
As I understand the events of the meeting 9/11
Charlie Caico did not show but appeared by phone, sighting health reasons.
Carolyn Chin was 45 minutes late.
Franks sister Rita Talerico was also a no show.
When people asked questions, Frank never gave a relevant answer , or replied “I don’t Know”
Frank and Carolyn’s response contradicted their sworn testimony in Broward Court
When inquired about parking, why do we have to pay and you don’t? Franks response was I pay enough already.
When inquired about why the Ocean Manor is being billed as a pet friendly hotel,? When our bylaws clearly state that only an owner may keep a small animal under twenty pounds?? Frank did not give an answer.
When inquired about the accounting, Frank said it would be ready for members to view in three weeks and he would only offer Rick’s ledger.
When asked about our accountant, Frank did not know the name. Frank said the year end accounting would cost eight thousand dollars and that is why it was not done.
I am getting all this information second hand and I would like people to corroborate it, or set me straight! I would also like people who were there to add what I am missing so all other unit owners whom could not attend will get the true flavor of our meeting
Thank you Blog Team, and concerned owners for taking the time to read, and hopefully reply my post!
Posted by DJM.GFG
Carolyn Chin was 45 minutes late.
Franks sister Rita Talerico was also a no show.
When people asked questions, Frank never gave a relevant answer , or replied “I don’t Know”
Frank and Carolyn’s response contradicted their sworn testimony in Broward Court
When inquired about parking, why do we have to pay and you don’t? Franks response was I pay enough already.
When inquired about why the Ocean Manor is being billed as a pet friendly hotel,? When our bylaws clearly state that only an owner may keep a small animal under twenty pounds?? Frank did not give an answer.
When inquired about the accounting, Frank said it would be ready for members to view in three weeks and he would only offer Rick’s ledger.
When asked about our accountant, Frank did not know the name. Frank said the year end accounting would cost eight thousand dollars and that is why it was not done.
I am getting all this information second hand and I would like people to corroborate it, or set me straight! I would also like people who were there to add what I am missing so all other unit owners whom could not attend will get the true flavor of our meeting
Thank you Blog Team, and concerned owners for taking the time to read, and hopefully reply my post!
Posted by DJM.GFG
Free Windows?
COULD THE BOARD SETTLE WITH THE OWNERS IN THE LAWSUIT BY GIVING THEM FREE WINDOWS?
The board wants every one to think that the lawsuit is only about the windows. As you can see the windows were straw that broke the camel's back!
This needs to go to court,and let a judge make a ruling if everything is on the up and up.
If Frank settles with the people in the lawsuit,and they drop the case,the board is home free (no jail time)Then you will really see more assessments and more abuse of the common area!!
I can see the handwriting on the wall. Frank will call a meeting,and say that the legal fees and court costs are getting out of hand(and the building was unsafe)and we did what was best for the building by giving the people in the lawsuit free windows.
THEY GET FREE WINDOWS,THE BOARD IS HOME FREE TO TO DO AS THEY LIKE , AND THE PEOPLE WHO PAID FOR THE WINDOWS WILL GET STUCK PAYING MORE ASSESSEMENTS.
Remember the lawsuit only benefits the people in the suit,and they can settle out of court!! If you are part of the lawsuit they will have to settle with you also.And if you sit on your hands shame on you(YOU GET NOTHING BUT MORE ASSESSMENTS))
How can you protect yourself? Instead of paying the new assessment JOIN THE LAWSUIT.If everyone joins the lawsuit it will go to court,and justice will be served!
Remember the board collects over one and a half million dollars per year.They said that eight thousand was too much to pay to get a certified audit!
A CERTIFIED AUDIT IS REQUIRED BY LAW!!!!
Posted by Anonymous
The board wants every one to think that the lawsuit is only about the windows. As you can see the windows were straw that broke the camel's back!
This needs to go to court,and let a judge make a ruling if everything is on the up and up.
If Frank settles with the people in the lawsuit,and they drop the case,the board is home free (no jail time)Then you will really see more assessments and more abuse of the common area!!
I can see the handwriting on the wall. Frank will call a meeting,and say that the legal fees and court costs are getting out of hand(and the building was unsafe)and we did what was best for the building by giving the people in the lawsuit free windows.
THEY GET FREE WINDOWS,THE BOARD IS HOME FREE TO TO DO AS THEY LIKE , AND THE PEOPLE WHO PAID FOR THE WINDOWS WILL GET STUCK PAYING MORE ASSESSEMENTS.
Remember the lawsuit only benefits the people in the suit,and they can settle out of court!! If you are part of the lawsuit they will have to settle with you also.And if you sit on your hands shame on you(YOU GET NOTHING BUT MORE ASSESSMENTS))
How can you protect yourself? Instead of paying the new assessment JOIN THE LAWSUIT.If everyone joins the lawsuit it will go to court,and justice will be served!
Remember the board collects over one and a half million dollars per year.They said that eight thousand was too much to pay to get a certified audit!
A CERTIFIED AUDIT IS REQUIRED BY LAW!!!!
Posted by Anonymous
Saturday, September 13, 2008
9/11/08 OM Association Board Meeting
To any OM Board members, OM staff, or OM Condo Association members who were at the 9/11 meeting:
For the benefit of resident owners who could not attend and absentee owners, we would appreciate hearing from you.
Please summarize any important actions and motions passed by the Board. In particular the membership would be very interested in hearing about any Special Assessments, any discussion relative to the General Bronze lien, any discussion relative to the Owner's Lawsuit and any response to other questions that have been presented here on the OM Owner's Blog.
Thank you.
Posted by the OM Owner's Blog Team
For the benefit of resident owners who could not attend and absentee owners, we would appreciate hearing from you.
Please summarize any important actions and motions passed by the Board. In particular the membership would be very interested in hearing about any Special Assessments, any discussion relative to the General Bronze lien, any discussion relative to the Owner's Lawsuit and any response to other questions that have been presented here on the OM Owner's Blog.
Thank you.
Posted by the OM Owner's Blog Team
Thursday, September 11, 2008
Concerning: Concerns About Insurance Money
During the course of litigating this matter, an individual insurance policy for the penthouse has never been produced by the Board, to substantiate Mr. George's claims. There was no "proof" offered substantiating any monies having been paid by penthouse owners for repairs due to Hurricane Wilma, or otherwise.
There clearly were payments made to individual Board members, as evinced by copies of the checks, which were produced during discovery.
The handling of the insurance proceeds was in violation of the condominium documents, which specifically state how all insurance proceeds are to be received and distributed. The condo documents require several safeguard measures in order to avoid any misappropriation of casualty funds. None of the safeguards were followed by the Board of directors in their handling of the Wilma proceeds.
There have been no findings regarding the Board's compliance with the rules governing distribution of insurance funds. That issue remains to be tried as an ultimate issue in this case.
Posted by:
Joseph D. Garrity &
Suzanne Weiss
Attorneys for Plaintiffs
against OM - Board of Directors
There clearly were payments made to individual Board members, as evinced by copies of the checks, which were produced during discovery.
The handling of the insurance proceeds was in violation of the condominium documents, which specifically state how all insurance proceeds are to be received and distributed. The condo documents require several safeguard measures in order to avoid any misappropriation of casualty funds. None of the safeguards were followed by the Board of directors in their handling of the Wilma proceeds.
There have been no findings regarding the Board's compliance with the rules governing distribution of insurance funds. That issue remains to be tried as an ultimate issue in this case.
Posted by:
Joseph D. Garrity &
Suzanne Weiss
Attorneys for Plaintiffs
against OM - Board of Directors
Impeachment Of The Board
Members of The Board,
From the time this blog was started and right up until now, NOT ONE OF YOU has taking the time to answer any of the Thread's or Comment's. You state over and over you have nothing to hide, but yet you don't answer us on a personal basis as you dismiss our questions with a wave of a hand, so now you had the opportunity to do so in a forum and you've ignored that too.
"TIKI Tack-a-rico" The OM isn't YOUR building as you loudly proclaim in any one of your tirades, which disgustingly has included profanity in the Lobby. Yes you own hotel rooms, some condo units,and commercial space, but that doesn't give you the right to rule the building like this is your personal "TIKI Kingdom!"
Charlie "I'm Connected" Caico , ...Please, a LEGO BLOCK has more connections then YOU!
You also should be ashamed as a Condo Owner and someone who should have been looking out for the rest of the Condo Owners in your glorified position of Vice President, you have done nothing but "grab" here and there. The word VICE fits you to a tee!
The best is giving your wife the parking lot to run. Oh yes, people they'll deny that and say it's in Andre from Maintenances' name and show you checks to prove that, but we all know that's another one of your scams as you "wash" the money another way to prove it's going back to you.
As for you "TIKI", if this is YOUR builing, why is that we do the Condo Owners pay valet in our monthly dues, but the hotel pays nothing?
Oh and "TIKI" don't bother saying that you pay for it in your maintenance, because YOU DON'T PAY YOUR MAINTENANCE!!
Again, don't bother with your silly checks that have been deposited, as you too "wash" the money another way, with something in the builing that needs to be fixed or some other story.
With all this repairing that's happening how come nothing works right??
Oh, and the repaving of the parking lot??
Another "TIKI" special, as he had a friend who could do it for less then anybody.
People, his so called friend, was another loser and was thrown out of the builing, and then OUR maintenance men had to do the job on "OUR" time.
Have you seen it??
No repairs, no filling, or regrading, just "SPRAYED ON" blacktop that anyone could do!
DO THE RIGHT THING THIS EVENING AND RELINQUISH YOUR MEMBERSHIP and let "US" that care build a new beginning, instead of us having to deal with your self serving actions.
This isn't an all you can eat buffet, "boy's"!!
If you do not do the honest and ethical thing and step down, the trial is still going to happen and you will pay the piper then!
No, I'm not part of the lawsuit, but I commend Donnie and the people that stood up with him as there leaders, and not disrespectful, money grabbing thugs like the lot of YOU!!
See ya this evening.....
Posted by Anonymous
From the time this blog was started and right up until now, NOT ONE OF YOU has taking the time to answer any of the Thread's or Comment's. You state over and over you have nothing to hide, but yet you don't answer us on a personal basis as you dismiss our questions with a wave of a hand, so now you had the opportunity to do so in a forum and you've ignored that too.
"TIKI Tack-a-rico" The OM isn't YOUR building as you loudly proclaim in any one of your tirades, which disgustingly has included profanity in the Lobby. Yes you own hotel rooms, some condo units,and commercial space, but that doesn't give you the right to rule the building like this is your personal "TIKI Kingdom!"
Charlie "I'm Connected" Caico , ...Please, a LEGO BLOCK has more connections then YOU!
You also should be ashamed as a Condo Owner and someone who should have been looking out for the rest of the Condo Owners in your glorified position of Vice President, you have done nothing but "grab" here and there. The word VICE fits you to a tee!
The best is giving your wife the parking lot to run. Oh yes, people they'll deny that and say it's in Andre from Maintenances' name and show you checks to prove that, but we all know that's another one of your scams as you "wash" the money another way to prove it's going back to you.
As for you "TIKI", if this is YOUR builing, why is that we do the Condo Owners pay valet in our monthly dues, but the hotel pays nothing?
Oh and "TIKI" don't bother saying that you pay for it in your maintenance, because YOU DON'T PAY YOUR MAINTENANCE!!
Again, don't bother with your silly checks that have been deposited, as you too "wash" the money another way, with something in the builing that needs to be fixed or some other story.
With all this repairing that's happening how come nothing works right??
Oh, and the repaving of the parking lot??
Another "TIKI" special, as he had a friend who could do it for less then anybody.
People, his so called friend, was another loser and was thrown out of the builing, and then OUR maintenance men had to do the job on "OUR" time.
Have you seen it??
No repairs, no filling, or regrading, just "SPRAYED ON" blacktop that anyone could do!
DO THE RIGHT THING THIS EVENING AND RELINQUISH YOUR MEMBERSHIP and let "US" that care build a new beginning, instead of us having to deal with your self serving actions.
This isn't an all you can eat buffet, "boy's"!!
If you do not do the honest and ethical thing and step down, the trial is still going to happen and you will pay the piper then!
No, I'm not part of the lawsuit, but I commend Donnie and the people that stood up with him as there leaders, and not disrespectful, money grabbing thugs like the lot of YOU!!
See ya this evening.....
Posted by Anonymous
Concerning Insurance Money
This post by John R George was submitted as a comment under "Why I Joined The Lawsuit Against The Board." Because of its relevance to questions posed by several owners, the Blog Team has created a new thread.
Approximately $1,9 million dollars was paid and shown to the court with the complete audit. As the three checks came in to add up to the 1.9 million over a several month period. The Bank manager at Sun Trust asked us to open separate accounts so they could get the credit for these new account.
Since this bank had always been good to the OM we did what they asked. Our Auditors asked us not to do this again because it made their job more difficult but ever dollar was accounted for.
As far as cash taken out of the bank over the counter. It cannot be done. The new account money was transfered to the operating accounts to pay for fixing the building after Wilma. This was also shown in court. No cash EVER left the bank to individuals. And this was proven.
The penthouse which sustained the most damage was repaired and replaced by the individual owners at their cost. Then over a year later the insurance company reimbursed them for $1.034 million which was the penthouse insurance money and paid for the owners of the penthouses. They lost money and over one year of rental including the deductable.
The OM had a deductable of $700,000.00 so, the money received was not enough to pay for all the damages.
Posted by John R. George
Condo Manager
Approximately $1,9 million dollars was paid and shown to the court with the complete audit. As the three checks came in to add up to the 1.9 million over a several month period. The Bank manager at Sun Trust asked us to open separate accounts so they could get the credit for these new account.
Since this bank had always been good to the OM we did what they asked. Our Auditors asked us not to do this again because it made their job more difficult but ever dollar was accounted for.
As far as cash taken out of the bank over the counter. It cannot be done. The new account money was transfered to the operating accounts to pay for fixing the building after Wilma. This was also shown in court. No cash EVER left the bank to individuals. And this was proven.
The penthouse which sustained the most damage was repaired and replaced by the individual owners at their cost. Then over a year later the insurance company reimbursed them for $1.034 million which was the penthouse insurance money and paid for the owners of the penthouses. They lost money and over one year of rental including the deductable.
The OM had a deductable of $700,000.00 so, the money received was not enough to pay for all the damages.
Posted by John R. George
Condo Manager
Why I Joined The Lawsuit Against The Board
My name is Donald McLoughlin I live in Unit 900 and cabana 14 when my family and I are in Florida. My units have been in our family since the building went condo; I believe making me the longest continual owner in the building. I have been through it all. All along I have not wanted to be involved with another court case so I turned a blind eye to the chicanery of the Board for years.
A couple of things pushed me over the edge to join dissatisfied owners in a lawsuit against the board:
After Wilma, when the roof blew off, my plaster walls had washed off of the beams, the walls behind my newly installed kitchen cabinets had washed away as well. The patio Door had shattered. When I inquired to a Board member, about money to repair the hurricane damaged walls, it was explained to me that there wasn’t any.
When it came time to install new hurricane windows I was for it. I did ask a good friend who is a window distributor in NY to make sure I was not being robbed. He had priced out new Pella Hurricane windows for my unit @ 27 k installed. The windows that were being offered by the Board were not a name anyone in the business had heard of, were being offered for 44k installed. Something seemed amiss…
When I was visiting I noticed the new balcony around the Penthouse, I inquired to an architect I played golf with about it, and asked him if a certificate of occupancy had been filed, and he could not find it.
I could not have company over to visit without them being hassled for parking money.
My car was towed {the valets had the keys} from the parking lot out front to across the street to accommodate a party being thrown by a Board member.
The new Tiki bar has encroached on our common area, the new reconfiguration of the patio, removed common area adjacent to my cabana, and the new tiki bar, table setup ,and overstocking of what little open space there was of open area left has diminished the view form my cabana.
My neighbors who own cabana’s , can not use them because our cabana area has been turned into a bar back setup, with garbage carts, garbage, broken furniture, shopping carts used to haul liquor and bar supplies.
How much can a guy handle?
After I was involved in the law suit I found out that: Millions had been paid to ocean manor for hurricane Wilma Damage.
Checks had been written to contractors to cover the cost of renovating Board Members properties.
Checks for hundreds of thousands of dollars had been written to individual Board members {Frank, Carolyn ect..}.
Two hundred thousand of “hurricane Wilma” money was transferred to a different bank account and was liquidated through a series of over the counter cash withdrawals.
The list grows on and on, I do not see things getting better, only worse.
I can not attach pdf files to the blog. I would be happy to send them to other homeowners. Please send me an email requesting them and I would be happy to send you a copy of our bench briefs with copies of exhibits. If the Blog team could figure out a way to print them out it would be helpful.
I invite any Board member to respond.
My email address is djm.gfg@gmail.com
Posted by Donald J McLaughlin
A couple of things pushed me over the edge to join dissatisfied owners in a lawsuit against the board:
After Wilma, when the roof blew off, my plaster walls had washed off of the beams, the walls behind my newly installed kitchen cabinets had washed away as well. The patio Door had shattered. When I inquired to a Board member, about money to repair the hurricane damaged walls, it was explained to me that there wasn’t any.
When it came time to install new hurricane windows I was for it. I did ask a good friend who is a window distributor in NY to make sure I was not being robbed. He had priced out new Pella Hurricane windows for my unit @ 27 k installed. The windows that were being offered by the Board were not a name anyone in the business had heard of, were being offered for 44k installed. Something seemed amiss…
When I was visiting I noticed the new balcony around the Penthouse, I inquired to an architect I played golf with about it, and asked him if a certificate of occupancy had been filed, and he could not find it.
I could not have company over to visit without them being hassled for parking money.
My car was towed {the valets had the keys} from the parking lot out front to across the street to accommodate a party being thrown by a Board member.
The new Tiki bar has encroached on our common area, the new reconfiguration of the patio, removed common area adjacent to my cabana, and the new tiki bar, table setup ,and overstocking of what little open space there was of open area left has diminished the view form my cabana.
My neighbors who own cabana’s , can not use them because our cabana area has been turned into a bar back setup, with garbage carts, garbage, broken furniture, shopping carts used to haul liquor and bar supplies.
How much can a guy handle?
After I was involved in the law suit I found out that: Millions had been paid to ocean manor for hurricane Wilma Damage.
Checks had been written to contractors to cover the cost of renovating Board Members properties.
Checks for hundreds of thousands of dollars had been written to individual Board members {Frank, Carolyn ect..}.
Two hundred thousand of “hurricane Wilma” money was transferred to a different bank account and was liquidated through a series of over the counter cash withdrawals.
The list grows on and on, I do not see things getting better, only worse.
I can not attach pdf files to the blog. I would be happy to send them to other homeowners. Please send me an email requesting them and I would be happy to send you a copy of our bench briefs with copies of exhibits. If the Blog team could figure out a way to print them out it would be helpful.
I invite any Board member to respond.
My email address is djm.gfg@gmail.com
Posted by Donald J McLaughlin
Monday, September 8, 2008
Use of Commercial Areas & Property Rights
Has anyone looked at the website advertising the Bamboo Beach Tiki Bar?
http://www.bamboobeachtikibar.com/
Holy cats! I am not against free enterprise until you cross the line with health, safety and welfare concerns of the occupants and property owners. The tiki bar itself it very attractive and a plus for the hotel. However, things have gotten out of hand with the constant disruptive "events". A nice profit can still be obtained and add class to Ocean Manor if properly run. Rather than attracting a bunch of rowdy kids, the tiki bar could easily attract clientele that would bring an ambience back to the hotel. These are the people who have the money to spend.
Unit owners appear to have no rights to the common areas and some feel threatened by their own testimony. From my last tally, the individual property owners are the majority and not the minority. What can we do to turn the tides on this one?
It is unfortunate it has come down to lawsuits. Whatever happened to human decency?? I also noticed an advertisement for "Ocean Manor Eleven" (11th floor) with claims that it can accommodate 400 people for a private affair. I can not imagine how this was possibly permitted (or was it??) by the City of Ft. Lauderdale for the lack of parking alone - never mind the ingress/egress situation to the 11th floor and safety concerns.
One can't help but wonder where all the money the association borrowed went in light of the lien placed by Bronze. I am requesting that records be made public by the Association to all unit owners immediately.
Posted by Anonymous
http://www.bamboobeachtikibar.com/
Holy cats! I am not against free enterprise until you cross the line with health, safety and welfare concerns of the occupants and property owners. The tiki bar itself it very attractive and a plus for the hotel. However, things have gotten out of hand with the constant disruptive "events". A nice profit can still be obtained and add class to Ocean Manor if properly run. Rather than attracting a bunch of rowdy kids, the tiki bar could easily attract clientele that would bring an ambience back to the hotel. These are the people who have the money to spend.
Unit owners appear to have no rights to the common areas and some feel threatened by their own testimony. From my last tally, the individual property owners are the majority and not the minority. What can we do to turn the tides on this one?
It is unfortunate it has come down to lawsuits. Whatever happened to human decency?? I also noticed an advertisement for "Ocean Manor Eleven" (11th floor) with claims that it can accommodate 400 people for a private affair. I can not imagine how this was possibly permitted (or was it??) by the City of Ft. Lauderdale for the lack of parking alone - never mind the ingress/egress situation to the 11th floor and safety concerns.
One can't help but wonder where all the money the association borrowed went in light of the lien placed by Bronze. I am requesting that records be made public by the Association to all unit owners immediately.
Posted by Anonymous
Sunday, September 7, 2008
I Would Like to Know Why...
Hi. My name is Michael Bencivenga. I own 3 units at the ocean Manor. I have put my money, blood and sweat into my units . I have been an owner for approximately 3 years . I am not part of the lawsuit, and I am paid up to date on my maintenance and window assessments.
I would like to know why the board had to hire a new lawyer, and why the legal fees are so high?
It makes me think that if everything was fair and honest, all the board should have to do is open their books.
Posted by Michael Bencivenga
I would like to know why the board had to hire a new lawyer, and why the legal fees are so high?
It makes me think that if everything was fair and honest, all the board should have to do is open their books.
Posted by Michael Bencivenga
Saturday, September 6, 2008
Does Anyone Else Miss Darlene??
How bout owners parking spots?
Has anyone else had problems with their guests parking?
Posted by Anonymous
Has anyone else had problems with their guests parking?
Posted by Anonymous
Thursday, September 4, 2008
New Thread for OM Owners Blog
Dear Members of the Association at Ocean Manor,
My name is Suzanne Weiss, and I am one of the attorneys representing several owners who are involved in a dispute with your Board of Directors. It is not their intent to create trouble at Ocean Manor. In fact, my clients are trying to stop the current Board from engaging in unauthorized activities. There has not been an audited financial statement prepared for your property for the entire time period that millions of dollars in insurance money, loan money and special assessments have been collected by the Board of Directors. There have been no answers provided for several issues regarding bank statements that have been given in discovery for this case. Without intervention this Board will continue to assess and fail to account for any of the money belonging to the Association. All of this is a matter of public record. This case is far from over regardless of what any Board member has told you. My clients will continue to fight to get information regarding the enormous amount of unaccounted for funds that have gone through the hands of the current Board. I consider my clients efforts to be valiant as they are willing to risk their money to stop the Board from continuing the unaccounted for spending of money followed by more and more special assessments. The Board on the other hand continues to use the Association’s funds, your funds, to fight efforts to get answers.
A case in point, if you paid for your windows in full and that money was in fact given to General Bronze, then they would have no lien rights against your unit. However, General Bronze has filed a lien against the entire building. Lien rights only exist in properties (units) that were improved and those improvements remain unpaid. So there are no lien rights against any unit which has paid in full for windows as long as that payment made it to General Bronze. In addition, there was no improvement to my clients units as the windows were not put in. So there are no lien rights for those windows. The real question for the Board is what work does the lien cover and why wasn’t it paid for? Please remember that according to the Board there was an extra $1.5 million secured from the bank. Where is that money and why is not being used to satisfy the lien?
There are many questions that my clients will continue to seek the answers for and it is their hope that their neighbors will thank them at some point. It is not their intention to get free windows but to protect everyone's investments and homes at Ocean Manor.
Joseph D. Garrity & Suzanne Weiss
Attorneys for Plaintiffs against OM - Board of Directors
sweiss@weissfranchiselaw.com
jgarrity@qbc-law.com
My name is Suzanne Weiss, and I am one of the attorneys representing several owners who are involved in a dispute with your Board of Directors. It is not their intent to create trouble at Ocean Manor. In fact, my clients are trying to stop the current Board from engaging in unauthorized activities. There has not been an audited financial statement prepared for your property for the entire time period that millions of dollars in insurance money, loan money and special assessments have been collected by the Board of Directors. There have been no answers provided for several issues regarding bank statements that have been given in discovery for this case. Without intervention this Board will continue to assess and fail to account for any of the money belonging to the Association. All of this is a matter of public record. This case is far from over regardless of what any Board member has told you. My clients will continue to fight to get information regarding the enormous amount of unaccounted for funds that have gone through the hands of the current Board. I consider my clients efforts to be valiant as they are willing to risk their money to stop the Board from continuing the unaccounted for spending of money followed by more and more special assessments. The Board on the other hand continues to use the Association’s funds, your funds, to fight efforts to get answers.
A case in point, if you paid for your windows in full and that money was in fact given to General Bronze, then they would have no lien rights against your unit. However, General Bronze has filed a lien against the entire building. Lien rights only exist in properties (units) that were improved and those improvements remain unpaid. So there are no lien rights against any unit which has paid in full for windows as long as that payment made it to General Bronze. In addition, there was no improvement to my clients units as the windows were not put in. So there are no lien rights for those windows. The real question for the Board is what work does the lien cover and why wasn’t it paid for? Please remember that according to the Board there was an extra $1.5 million secured from the bank. Where is that money and why is not being used to satisfy the lien?
There are many questions that my clients will continue to seek the answers for and it is their hope that their neighbors will thank them at some point. It is not their intention to get free windows but to protect everyone's investments and homes at Ocean Manor.
Joseph D. Garrity & Suzanne Weiss
Attorneys for Plaintiffs against OM - Board of Directors
sweiss@weissfranchiselaw.com
jgarrity@qbc-law.com
Wednesday, September 3, 2008
"Comments" versus "Threads"
The Blog team would like to offer the following advice with respect to "Comments" versus new "Postings" or "Threads" as they are called. We suggest commenting on an item when your contribution is "on topic." However, if you are introducing a different topic, then it is best to email the Blog Team at omowners@gmail.com with your post, and we will publish it as a new thread.
Another thing to consider is that new threads may have better readership than comments since they will appear prominently at the beginning of the Blog site page.
"Comments" on the other hand require several mouse clicks to access. Furthermore, the original post may, due to its age, move off the main page.
In this regard we direct your attention to a comment posted today under the "Welcome" thread by attorney, Joseph D. Garrity.
Another thing to consider is that new threads may have better readership than comments since they will appear prominently at the beginning of the Blog site page.
"Comments" on the other hand require several mouse clicks to access. Furthermore, the original post may, due to its age, move off the main page.
In this regard we direct your attention to a comment posted today under the "Welcome" thread by attorney, Joseph D. Garrity.
Tuesday, September 2, 2008
No Double Assessments
The following was originally posted by John R George as a comment under the item "Double Assessments?" The Blog Team feels that the comment is of such importance that it deserves to be published as a new thread:
There will be no double assessments. The $290,000.00 assessment is the only proposed assessment at this time.
This assessment will be discuss at the meeting on Sept. 11, 2008.
If anyone has paid a double for Sept. this money will be applied to the assessment if the board approves the assessment. If the board does not approve the assessment then any overage by unit owners will be applied to the next month.
The short fall mentioned of $585,000.00 is for the windows. The unit owners that have not paid will be assessed with 18% interest, late fees, attorney fees etc.
Since 2000 all expenses have doubled in the building operating costs. And FPL has just increased everyone electric by 16%.
Since, 2000 there have only been 4 double assessments (4 months) and $180.00 to hook up to the fire system.
Plaza South on the mile has just increased their maintenance by 45% this year alone. Most of the other buildings have had increases each year or every other year. The OM has not increased their maintenance until this year.
If you have any questions I will be more than happy to answer what I can on this site.
Sincerely,
John R. GeorgeManager
September 2, 2008 1:25 PM
There will be no double assessments. The $290,000.00 assessment is the only proposed assessment at this time.
This assessment will be discuss at the meeting on Sept. 11, 2008.
If anyone has paid a double for Sept. this money will be applied to the assessment if the board approves the assessment. If the board does not approve the assessment then any overage by unit owners will be applied to the next month.
The short fall mentioned of $585,000.00 is for the windows. The unit owners that have not paid will be assessed with 18% interest, late fees, attorney fees etc.
Since 2000 all expenses have doubled in the building operating costs. And FPL has just increased everyone electric by 16%.
Since, 2000 there have only been 4 double assessments (4 months) and $180.00 to hook up to the fire system.
Plaza South on the mile has just increased their maintenance by 45% this year alone. Most of the other buildings have had increases each year or every other year. The OM has not increased their maintenance until this year.
If you have any questions I will be more than happy to answer what I can on this site.
Sincerely,
John R. GeorgeManager
September 2, 2008 1:25 PM
Litigation
I would like to know the status of the litigation that has held up completion of the windows and cost us so much in lawyers' fees. When are the delinquent unit owners going to be required to pay their fair share? Will they be responsible for the lawyers' fees we have incurred due to their recalcitrance?
Posted by Anonymous
Posted by Anonymous
Sunday, August 31, 2008
Double Assessments?
The Condo Office issued several recent emails relating to a planned double assessment payment for September and November. In the latest notice of the 9/11/08 meeting, this item is not on the agenda. Can we infer from the published agenda that these extra payments are off the table? The Blog Team would like to know, on behalf of the membership, whether or not these payments are still under consideration. Double payments on top of a proposed $290,000 Special Assessment would certainly place a heavy burden on the owners. We'd like to hear other opinions on this issue. Condo staff: feel free to add clarification as you see fit.
Posted by The Blog Team
Posted by The Blog Team
Monday, August 25, 2008
WELCOME
Welcome to the Ocean Manor Condo Owners Blog. The Blog was created to provide a forum for unit owners to express their concerns, to communicate with one another, and to make suggestions relative to the budget, building improvements and the like.
Another purpose is to allow the Condominium Association Board to provide information to owners and to respond to owner concerns. This dialogue should result in a better informed membership, and serve to dispel rumors and innuendo. The Blog is not managed by the Board, but rather by condo owners; however, the Blog Team hopes that Board members will contribute.
All posts will be screened by the Blog and, if necessary, inappropriate content will be deleted. The intended meaning and purpose of the post will be left intact. Posts may be signed or they may be sent anonymously.
A word about anonymous posts: Some may criticize this as sneaky or cowardly; however, the Blog Team feels that the practice of posting anonymously may have a useful purpose: one may speak more honestly and directly if he or she doesn’t fear reprisals from another who may take offense at a particular point of view. We urge our fellow owners to treat each contributor courteously, irrespective of whether their post was signed or not signed.
Posted by Ocean Manor Blog
Another purpose is to allow the Condominium Association Board to provide information to owners and to respond to owner concerns. This dialogue should result in a better informed membership, and serve to dispel rumors and innuendo. The Blog is not managed by the Board, but rather by condo owners; however, the Blog Team hopes that Board members will contribute.
All posts will be screened by the Blog and, if necessary, inappropriate content will be deleted. The intended meaning and purpose of the post will be left intact. Posts may be signed or they may be sent anonymously.
A word about anonymous posts: Some may criticize this as sneaky or cowardly; however, the Blog Team feels that the practice of posting anonymously may have a useful purpose: one may speak more honestly and directly if he or she doesn’t fear reprisals from another who may take offense at a particular point of view. We urge our fellow owners to treat each contributor courteously, irrespective of whether their post was signed or not signed.
Posted by Ocean Manor Blog
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