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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

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