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