Sunday, January 25, 2009

Strength In Numbers

To anyone who is unhappy about not having certified financials, double assessments, the owner parking spots that we lost, the common condo area we lost to the tiki bar, to find out who paid for the private penthouse balconies, to find out who paid for the marble in the penthouse:

Please file a report with the Florida DBPR. Don said he filled his out, and would be happy to help.

You can contact Don @ djm.gfg@gmail.com

Posted by
Anonymous

Wednesday, January 21, 2009

Jewel of the Mile

The following post is part of a Comment under "Trip Advisor Reviews." Because of its informative content and historical perspective, we have created a new thread.
The Blog Team

I don’t live there (at the OM) fulltime, but I have befriended many who do, and many who have moved because of the issues at hand. I am also a father to a 13 year old girl and a 15 year old boy, who are just beginning to form ideas and values on sexuality, relationships, and how young people are supposed to behave.

I started visiting Ocean Manor when I was courting my wife about 30 years ago. I was awestruck at what a refined, and cool place it was. It was ruled with an iron fist by Darlene. Many thought her to be to unyielding, but no one thought she was unfair. No one went through the lobby in a bathing suit out of respect. No one went down the halls in the middle of the night yelling and screaming. If you left a car there and were not going to be back for a couple of weeks, she would ask that you do not inconvenience other homeowners and place your car with the valet, so as not to occupy the owners parking spots.

There was security, exterminating, and maintenance was available to fix things. If it was your responsibility you paid, and the bill was fair. There was yearly audited accounting, and reserves.

I would like to see things returned to that state. We truly have the “jewel of the mile,”’ but we have to fight for it. There is no reason that we can not live in a successful building with a hotel program in it. It just seems that it can not be done with this Board. I would ask anyone with the time to monitor an outside management company to run for the Board. We have a great set of by laws to work from, and we should start looking for new leadership in the beginning of February.

Posted by Donald J. McLoughlin

My Corespndance With Rick

I would like to start off this conversation by saying that I do not hold Rick accountable for any wrongdoing of the Board. Rick is our employee and answerable only to the Board. During the recent depositions of Frank, Rick has been “thrown under the bus” and made the scapegoat of many illegal transfers, and other nefarious wrongdoings. He will get his day in court and I believe he will be vindicated.

I have filed complaint with the Florida DPBR I had emailed Rick my latest complaints, concerning our last meeting. When I had spoken to Karen Mack, form the DBPR I had asked her if they would investigate the current problems while they were investigating, , and she had replied that I must submit new complaints. He dutifully forwarded it on to our homeowner’s association attorney and I am awaiting a reply. I had tried to give them the benefit of the doubt by prefacing my complaint with “Is there any reason I should not submit this?”

Rick’s response

I have sent your complaint to our attorney. She will explain the new format for minutes.
Sent from my iPhone

On Jan 14, 2009, at 4:05 PM, "Donald J McLoughlin" <d.mcloughlin@verizon.net> wrote:DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS AND MOBILE HOMESCONDOMINIUM / COOPERATIVE COMPLAINTINSTRUCTIONS: To expedite your complaint it is helpful if this form is typewritten or legibly printed and each question answered fully. If available, attach supporting or clarifying documents and items pertaining to the issues listed in this complaint.

Name Donald J McLoughlin Mailing Address 4040 Galt Ocean DriveFL 33308Unit No.900, cabana 14 City Ft Lauderdale County Broward State Florida Zip 33308Home telephone number (516) XXX XXXX Business telephone number (718) XXX XXXX E-mail address djm.gfg@gmail.com

Complaint filed against: ___ DEVELOPER X_ ASSOCIATIONName Galt Ocean Manor Condominium AssociationIf Developer list principal officer ____________________________ If Association list president Frank TalericoMailing address 4040 Galt Ocean MileCity Fort Lauderdale County Broward State Florida Zip 3330****Business telephone number (954) 568 0507

Has the above been notified of the issues in this complaint? _X_YES ___ NOIf yes, what was the method of notification? emailDate declaration of condominium was recorded in public records:09/01/81_County _BrowardIf a cooperative, date articles of incorporation were filed with the Secretary of State: ____/____/____

Have purchaser unit owners elected a majority of the members to the Board of Administration? ___ YES _X_ NO 1

If you have retained legal counsel regarding the issues listed in this complaint, do you want the division to contact your attorney? X_ YES___ NOIf yes, please provide the following information: Name of counsel Suzanne Weiss, P.A.Mailing address 2110 N. Ocean Blvd., Suite 1703, Fort Lauderdale, FL 33305City Fort Lauderdale County Broward State Florida Zip 3330****Business Telephone Number (954) 816-5686 or (877) 754-6734 a)

Has court action been filed regarding any of the allegations in this complaint? ___ YES _X_ NO If yes, attach a copy of each complaint filed in court and any subsequent court pleadings.b)

Has a petition for a Declaratory Statement been filed with the division regarding any of the allegations in this complaint? NO.c)

Has a petition for Mandatory Nonbinding Arbitration been filed with the division regarding and of the allegations in this complaint? NO.

List each issue. If possible, specify the provisions in the condominium act, or the cooperative act if applicable, which you allege have been violated. Attach additional pages, as needed.

At the meeting of December 16 Frank Talerico stated that the Directors were up to date on there maintenance, but were not current on there special assessments! This was omitted for the minutes of the meeting.

718.112 Bylaws.-- (1) GENERALLY.-- (d) Unit owner meetings.-- 1. There shall be an annual meeting of the unit owners held at the location provided in the association bylaws and, if the bylaws are silent as to the location, the meeting shall be held within 45 miles of the condominium property. However, such distance requirement does not apply to an association governing a timeshare condominium. Unless the bylaws provide otherwise, a vacancy on the board caused by the expiration of a director's term shall be filled by electing a new board member, and the election shall be by secret ballot; however, if the number of vacancies equals or exceeds the number of candidates, no election is required. The terms of all members of the board shall expire at the annual meeting and such board members may stand for reelection unless otherwise permitted by the bylaws. In the event that the bylaws permit staggered terms of no more than 2 years and upon approval of a majority of the total voting interests, the association board members may serve 2-year staggered terms. If no person is interested in or demonstrates an intention to run for the position of a board member whose term has expired according to the provisions of this subparagraph, such board member whose term has expired shall be automatically reappointed to the board of administration and need not stand for reelection. In a condominium association of more than 10 units, coowners of a unit may not serve as members of the board of directors at the same time. Any unit owner desiring to be a candidate for board membership shall comply with subparagraph 3. A person who has been suspended or removed by the division under this chapter, or who is delinquent in the payment of any fee or assessment as provided in paragraph (n), is not eligible for board membership. A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or who has been convicted of any offense in another jurisdiction that would be considered a felony if committed in this state, is not eligible for board membership unless such felon's civil rights have been restored for a period of no less than 5 years as of the date on which such person seeks election to the board. The validity of an action by the board is not affected if it is later determined that a member of the board is ineligible for board membership due to having been convicted of a felony.No notice was given for any of the membership to run for office, as a result no election was held. 3. The members of the board shall be elected by written ballot or voting machine. Proxies shall in no event be used in electing the board, either in general elections or elections to fill vacancies caused by recall, resignation, or otherwise, unless otherwise provided in this chapter. Not less than 60 days before a scheduled election, the association shall mail, deliver, or electronically transmit, whether by separate association mailing or included in another association mailing, delivery, or transmission, including regularly published newsletters, to each unit owner entitled to a vote, a first notice of the date of the election along with a certification form provided by the division attesting that he or she has read and understands, to the best of his or her ability, the governing documents of the association and the provisions of this chapter and any applicable rules. Any unit owner or other eligible person desiring to be a candidate for the board must give written notice to the association not less than 40 days before a scheduled election. Together with the written notice and agenda as set forth in subparagraph 2., the association shall mail, deliver, or electronically transmit a second notice of the election to all unit owners entitled to vote therein, together with a ballot which shall list all candidates. Upon request of a candidate, the association shall include an information sheet, no larger than 81/2 inches by 11 inches, which must be furnished by the candidate not less than 35 days before the election, along with the signed certification form provided for in this subparagraph, to be included with the mailing, delivery, or transmission of the ballot, with the costs of mailing, delivery, or electronic transmission and copying to be borne by the association. The association is not liable for the contents of the information sheets prepared by the candidates. In order to reduce costs, the association may print or duplicate the information sheets on both sides of the paper. The division shall by rule establish voting procedures consistent with the provisions contained herein, including rules establishing procedures for giving notice by electronic transmission and rules providing for the secrecy of ballots. Elections shall be decided by a plurality of those ballots cast. There shall be no quorum requirement; however, at least 20 percent of the eligible voters must cast a ballot in order to have a valid election of members of the board. No unit owner shall permit any other person to vote his or her ballot, and any such ballots improperly cast shall be deemed invalid, provided any unit owner who violates this provision may be fined by the association in accordance with s. 718.303. A unit owner who needs assistance in casting the ballot for the reasons stated in s. 101.051 may obtain assistance in casting the ballot. The regular election shall occur on the date of the annual meeting. The provisions of this subparagraph shall not apply to timeshare condominium associations. Notwithstanding the provisions of this subparagraph, an election is not required unless more candidates file notices of intent to run or are nominated than board vacancies exist. 2
This form should be signed and submitted to the Division of Florida Land Sales, Condominiums and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-1031. Upon submission, this form and all information contained herein, fall within the provisions of Chapter 119, Florida Statutes, Florida's Public Record Law. Accordingly, any person may inspect the case file and may obtain copies of any of the materials in the file.I hereby request the Division of Florida Land Sales, Condominiums and Mobile Homes to review the violation(s) herein alleged. I understand that the division may take action on this complaint pursuant to the provisions of Section 718.501, or as applicable, Section 719.501, Florida Statutes. I further understand that the division does not represent me or my private interests, and that any action taken by the division will be on behalf of the State of Florida. My signature below certifies the authenticity of this complaint.

Signature of Complainant Name of Condominium / CooperativeDate Name of Association3

INSTRUCTIONS FOR FILING A CONDOMINIUM / COOPERATIVE COMPLAINTSubmitting your complaint on a “Condominium / Cooperative Complaint” form legibly printed or typed all of the information you supply on the form may expedite the processing of your complaint.Please attach any copies of documentation you have that may support your complaint. Such documentation may include: condominium documents, minutes of meetings, budgets, financial reports or statements, canceled checks, and statements from other unit owners corroborating one or more of your allegations. Any documentation you submit with the complaint will become part of the division’s file.Please make sure you sign the complaint form in the space provided. If you wish, you can attach the signatures of other persons who may wish to join in on your complaint, to assist in expediting the investigation of your complaint.Please understand that the complaint and any documentation that you attach are a matter of public record. Accordingly, any person may inspect the case file and may obtain copies of any of the materials in the file. The division cannot protect the anonymity of your identity.The division can investigate only alleged violations of the provisions in Chapter 718, Florida Statutes, and Chapters 61B-15 through 61B-24, Florida Administrative Code, pertaining to condominiums, and Chapter 719, Florida Statutes, along with Chapters 61B-75 through 61B-79, Florida Administrative Code, pertaining to cooperatives. As a result, the division does not generally investigate issues involving:- Maintenance of the common elements or common areas,- Alterations or additions to the common elements or common areas,- Violations of the condominium (or cooperative) documents.The division does not investigate issues involving:- Contractual disputes;- Criminal matters;- Discrimination pertaining to age, race, special needs, et cetera; and Internal disputes (for example, most issues involving noise, pets, and parking).

PLEASE COMPLETE THE COMPLAINT FORM AS FOLLOWS:Enter your name, mailing address, and telephone number(s).Indicate with a check mark whether your complaint is against the developer of your condominium or cooperative, or against your association. Enter the name of that party, followed by the name of the developer’s principal officer or the association’s president, as applicable, followed by that party’s address and telephone number, if known.State whether you have notified the party against whom the complaint is filed of the issue(s) involved. If so, state how you provided such notification.4

Identify the date that the declaration of condominium was recorded in the public records of the county in which the condominium is located, if known. In the case of a cooperative, identify the date the association was incorporated. Insert “unknown” if you do not know this date.Check in the appropriate space to indicate whether the purchaser unit owners have elected at least a majority of the members of the board of administration (i.e., whether the developer has turned over control of the association).If you have retained an attorney regarding this complaint, please indicate whether it is permissible for the division to contact your attorney. If so, please provide the attorney’s name, address, and telephone number.If you and/or your attorney have filed a lawsuit pertaining to the issue(s) in this complaint, please so indicate and attach copies of the complaint to the court and any other pertinent documents (e.g., pleadings, orders, et cetera). Additionally, please indicate whether a petition for a Declaratory Statement and/or Mandatory Non-binding Arbitration has been filed with the division regarding your allegations. Your response will assist the division in resolving your complaint.Please include a short and plain statement of each issue you wish the division to review.

EXAMPLE: “The association has refused to allow me to inspect the minutes of the board meeting held on October 26, 1999.”

Posted by
Donald J. McLoughlin

Trip Advisor Reviews

To the Anonymous contributor of the tear sheets from "Trip Advisor:" We do not think it is appropriate to publish derogatory reviews from that web site or others like it on your Blog. These reviews are largely the experiences of hotel guests - the commercial use of the building - and not those of owner-rented units. Anyone interested in reading these reviews may do so at tripadvisor.com .

Posted by
The Blog Team

Tuesday, January 20, 2009

Spring Break Debacle

Hopefully, after last year's Spring Break total debacle when the inmates were running wild in the asylum, the Board of Directors has taken the necessary steps to prevent a recurrence...

Like stepped up security and arrests when underage drinking, drunks wandering the hallway at all hours and assaults take place. We had to refund rentals last year when 2 tenants left in the middle of their stay and another vowing to never return.

Posted by
Anonymous

Monday, January 19, 2009

Windows

Hello customers of IWS,

We are approaching 3 years now, and I must say we have never heard of a job so small go for so long. What is going on? We have been trying to service our customers and fulfill or contracts and install the group of units that have not been installed to date. We need to come to a conclusion with this nonsense. We are being forced into submitting a bill for the additional expenses incurred in the years since we started this and need to know who the governing body is that is making us incur so many unnecessary expenses. Please let us do our job and secure your building.

From what we know this is not our customer's fault and should not be charged to them directly but to the governing body holding us up -yes this means all the owners would have to pay, or if possible, only the liable parties. The owners of the condo need to make it clear that you are fed up with this nonsense and let us install these windows! Our lawyer is on hand if we are unable to get the proper OK to finish our contracts in the very near future and in a more sensible manner.

Thank You for your support.

Posted by IWS

Sunday, January 18, 2009

I would like to remind Frank and the board...

That they promised the certified financials (that are over 1 year late) before the 15% increase .

I will not pay the increase until I see the certified financials.

When will we get them?


Posted by Michael Bencivenga

Wednesday, January 14, 2009

Staff Responsiveness?

I agree with Donnie (See his Comment under "First impressions last!!!") about documenting all complaints. I intend to do just that in the future. Apparently certified mail may be the only recourse.

Our experience was this - We recently needed a response from Rick on a few questions that were raised by our renters. Since no one answers the office phone anymore, my husband emailed Rick with our questions. No response. My husband even faxed Rick. Again no response.

Up until this incident, we always found Rick to be responsive. The situation at OM has gone from bad to worse. I am afraid to think what is next........

Posted by
Nancy Paton - Unit 302

Tuesday, January 13, 2009

First impressions last !!!!!

Frank can you open your eyes and clean the stained and dirty carpet.

It is a shame that the carpet is only about 1 year old. It looks a hundred years old !!!

If I was renting at the Ocean Manor, as soon as I seen the dirty carpet in the hallways I would ask for my money back!!!!

Posted by Anonymous

Thursday, January 8, 2009

Our Bylaws

People have expressed an interest in forcing an election, our bylaws provide for this. I think perhaps it would be better to elect a new slate of officers as per our bylaws where it is clearly stated; “at all times the Owners of the Commercial units will elect 20 % of the Board, and the Owners of the Residential Units and Cabana Units will elect 80% percent of the Board”.{This does call to question weather our present Board is in fact legal, and would their decisions be binding…} “The numbers of Directors shall be increased or decreased so as to accomplish “full” Directors for commercial Unit Owners.”

“The annual meeting for the purpose of electing Directors and transacting any other authorized business will be held at 8pm on the first Tuesday of April each year;”… “At the Annual meeting, the Members will elect a Board by plurality vote (cumulative voting prohibited) and will transact such other business as may properly be brought before the meeting.”

Our Bylaws will protect us if we use them, they can also be used against us, to terminate the condo association and dictate the sale of our building if it is no longer viable to operate as such.

I would be happy to email anyone a copy of our bylaws. I encourage all to familiarize themselves with your individual and membership association rights. We all have an investment here. While we may not have a say in how our other investments are doing, we will have no one to blame but ourselves if our investment in Ocean Manor tanks. Anyone who would like a copy of our Bylaws can reach me @ djm.gfg@gmail.com.

Happy frickin new year!

Posted by
DJM

Wednesday, January 7, 2009

Useless Operation Spending

Rick,

Unit 307 monthly maintenance is $331 per month. All fees were paid in 2008. The double maintenance was also paid on 04/09/08 and 11/14/08 at $331 as reflected on my bank statement.

You should have sent an excel email for free as Norm did for windows instead of sending to a attorney's office as delinquent and spending association funds.

Fees are as follows: $225 for attorney, $150 for late and $56.22 for intrest. WTF.

Need to give yourself another pay cut for a outstanding job. Not "barking orders" as you stated Rick! Just giving you my two cents worth.

G'day.
Giovanni Rossetti
954-699-6941

cc: FRANK

Posted by
Giovanni Rossetti
Unit 307

Sunday, January 4, 2009

Re: Minutes Year End Meeting

Hi Rick,

This is concerning the current exterminating company at the Ocean Manor.

Speaking with the tech from Bug Off - he admitted that what he does when he comes on Wednesday will not correct the current problem of investation at the Ocean Manor. The condo's that he actually has access to that day just get sprayed for bugs not roaches or palmetto bugs.

There is another approach for controlling the infestation of the german roaches that are in the walls - Palmetto Bugs - and whatever else is causing a problem. The company that I called in killed the german roaches and treated for palmetto bugs with 2 applications -

You stated that you wanted to talk with -
Triple A Pest Control
Michelle Office - 954-771-3400
Tim Cell - 954-558-4500

This problem has to be addressed as soon as possible - This is a health hazard !!! We need a plan for the entire building - everyone has to be treated to get this building under control.

NOTE: THE TECH FROM BUG OFF STATED - He has seen roach activity in almost every condo that he has been in to treat.

I lost $3000 when my guests left Christmas Week, and I had to pay $325 for treatment. Losing money that is needed to pay for maintenance and bills for the condo is a real problem.

We are known as a roach infested Resort on the Internet and word is spreading fast. We can not SELL or RENT because of the infestation of bugs. - the Lien and Law Suit !!!!!!

The money being spent on bug control is not working - this money is being thrown away !!!!!

I can not afford and will not pay for pest control over and over again. !!! I feel that every condo owner has the same view as I do.

We may have to spend more money to correct the problem. If corrected we will be able rent and sell in the Ocean Manor

Our Maintenance is constantly being raised - Let's spend the money correctly to maintain the building.

Rick, please do not take this lightly - it is definitely a problem for the entire building. Your co-operation is Needed and Appreciated !!!

I do know that Charlie and Shelly are willing to solve this problem - Frank being an owner should be as well.

Please Note: I do thank you for letting Bug Off in and treating the 16 stack for Roaches -
DO REALIZE BUG OFF'S APPROACH WAS NOT GUARANTEED TO KILL THE ROACHES IN 2 APPLICATIONS

TRIPLE A GUARANTEED RESULTS AND THEY DELIVERED

JUDY ROBBINS - ALSO HAD GREAT RESULTS

GIVE TRIPLE A A CHANCE TO SET UP A PLAN fFOR THE ENTIRE BUILDING !!!!!

Your Reply to this request is important !!!

Posted by Diane
Unit 816