Thursday, August 28, 2014

A word from the blog site owner:

In blogosphere terms this is a relatively old blog. All the fireworks are over and there will be no new updates unless something 'newsworthy' about this issue comes up. 

The material is good historically as just about everything I could find on the issue was copied and posted here. So if you are interested in the topic it is all awaiting your review.

Note:  In mid-Jan 2013 I sold my condo at NCC for $93,000, this was about 8% over the going rate for 3/2 condos.  The offer from the developer to repurchase the unit was made 2 weeks after my filing to run for the Board of Directors with the sole platform of bouncing Concord Management out of NCC.

The condo was consistantly mis-managed and all but the very last Board were worthless rubber stamps for the Developer and Concord.  I am pleased to be gone from NCC.

So happy reading folks -

Thursday, October 27, 2011

Why is the Association giving me $7,000?

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A.  It's my birthday and they wanted to do something nice,
B.  One of the alligators in the retention pond ate my cat,
C.  The condo lawyer told them they didn't have a snowballs chance in Hell of winning the June 10 case,
D.  None of the above

The correct answer is 'D', although 'C' is probably what any fly on the wall would have heard when the condo attorney had a final talk with the BOD about their chances at the June 10th trial.

Misc Info: 

This $7,000 represents reimbursement for my own costs of filing and the attorney fees accrued by me since June of 2008. You can add to this amount another $3,644 for the cost of the BOD's own lawyer, so the total amount of your association dues spent on this totally unnecessary suit is nearly $11,000.

It was without any question a suit that never needed to be filed, all the various BOD's from my initial complaints to them and Concord Management Ltd, from Aug. 2007 onward, had the opportunity to enforce the condo documents regarding the rental of condos here and none would do so. The complaints and subsequent suit were simply ignored by the Board. Even after the half of the suit naming Waterstone Resort Realty LLC (with Alan O'Neal, Managing member) was settled the BOD part dragged on for another unnecessary year.

The matter ended two weeks before the Condo would have been required to appear in Bay County Court for a half day trial on the issues, a trial they hadn't a hope of winning, thus the settlement at the last minute. Florida law and condo regulations provide that suits against condo boards are 'loser pays all', (ie: you lose then you pay all expenses, you win the condo pays them). In this instance the condo settled before a half day trial that would have added another 5K to its expenses. Why they did not settle a year ago when Waterstone did, well, that you might ask them, they were asked twice and we got absolutely NO reply.

Since Nov 2010 the Owners have a majority on the Board of Directors and we should expect that serious changes be made.  There has been only 1 BOD meeting since the AGM on 1/29/11 and only an easement and approval for the settlement were on the adgenda.  It is past time for the BOD to actually do something.  Being a 'Member' of the Board of Directors is a job it isn't just a nice title.  My business card gives my opinion on how things should be done, it says:  "Lead, Follow, or get the Hell out of the way!"

I hope that the next AGM, probably in Dec., will get a good crop of people who would like to take part in the running of the condo.

Wednesday, October 26, 2011

The End, after over 3 yrs and nearly $11,000 in condo funds

The Case is over, the check is cashed. Hopefully the Board of Directors will take Owners complaints seriously in the future. This time they ignored the problem for over 3 years and it cost the owners of the other 167 units about $11,000 (my $7,000 and probably another $3,644 for the condo attorney.)

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Monday, June 6, 2011

Sunday, May 15, 2011

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Wednesday, May 4, 2011

Settlement Agreement - Pending Case Dismissal

After the case is dismissed there will be a further statement and a mailing to most of the NCC Owners regarding the matter. 

You may note that there is no confidentiality agreement so the Owners will be fully informed on this long running problem.

Bill Harris 

Thursday, March 31, 2011

As Filed with Court

Monday, March 28, 2011

Applebaum files Answer on behalf of Condo Assn.


Applebaum has the case number wrong, he lists 08-1565CA rather than the correct 08-2529 CA. When Jack Williams for Waterstone Resort Realty LLC put in his Answer and Affirmative Defense (11/3/08) he did it in 2 pages, Applebaum took 5 to do the same thing.

Other than saying the Condo Declaration ‘speaks for itself’ the only thing they seem to rely on is the 5/14/08 letter of David Milam, who replies to my attorney Whiteheads letter of 4/14/08, and Milam who simply says that “. . . my conclusion is that these allegations do not constitute a violation of the Declaration.”

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Thursday, March 24, 2011

Update on Harris v. NCC BOD Suit

For those few Owners who are following my suit against the Condo Assn, here is a brief update:  There was a Case Management Conference today with Judge Fensom and Assn. Attorney Applebaum.  The date established for trial is June 10th.  You might recall that 10 months ago the half of the suit against Waterstone Resort Realty LLC was settled, leaving only the Condo Assn as defendant. 

Two letters from my attorney  via their attorney to the Board were simply ignored.  No 'yes, we will settle' no 'no, we won't settle', just no reply at all.  This is pretty typical of the old Developer controlled Board of Directors.  I was somewhat surprised that the 'new' BOD, which has 2 Owners (of the 3 Board positions), did not weigh in on a settlement.

The settlement up to today would have been:
1)  an agreement that the BOD would adhere to the Condo documents in the renting out of units, and
2)  payment of my legal expenses to date of $6,500

The matter has from day one, been available for settlement and has only proceeded due to the BOD ignoring my requests that it follow the condo documents.

My expenses to and including the trial on June 10th will be at least $12,000 with an estimate that the Condo Assn will be out of pocket around the same amount.  This is all money that the Owners here will be paying, probably via a 'special assessment' as this amount is not provided for in the 2011 Budget.

The various letters, pleadings etc are found on a seperate blog site:

Wednesday, March 23, 2011

Next Activity in this case is set for a half day trial in Judge Fensom's Court on June 10, 2011.

Thursday, February 24, 2011

The next court date for this is March 23rd for a case management conference at 10:30 a.m.

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Monday, February 7, 2011

A New Filing

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Tuesday, January 18, 2011

Now that there is a newly configured Board of Directors I have instructed my lawyer to again contact their attorney Applebaum with a settlement offer which will be the exact same offer as 4 months ago:  $6,500 and a definitive statement that the BOD will enforce the documents regarding the rental of condos at the complex.

The prior letter to the association was totally ignored, no reply at all.  This was to the Developer controlled BOD, now that there is a new BOD perhaps we will end up with an answer.

Wednesday, May 26, 2010

This action was initially filed against both the Condo BOD and Waterstone Resort Realty LLC, the latter having become nothing more than a shell company the case against them has been settled per the below letter and Court filing. The matter now continues against just the Condo BOD.
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Friday, May 7, 2010

How is the Case Progressing?

June 2010 - Update:

William Harris vs. Waterstone Resort Realty,LLC and Nautilus Cove Condominium Association, Inc.
For photos of the violations see:
There are currently two civil actions filed against the NCC BOD, one was filed by two owners when their expensive cycles were stolen from the property during one of those periods when our ‘gated’ community gates were broken and anyone could come into the complex. (Update Feb 2011:  this case was 'settled', the condo was represented by our Insurance company and it did not cost us anything directly, probably the insurance premiums will go up, but the case is now closed)
The 2nd is mine and it was initially filed on June 10, 2008 when the BOD and Concord Management company ignored 12 months of my complaints about Waterstone Resort Realty’s renting out their condos in building 7 to tenants who then used them to house imported foreign workers who were employeed at the Marriott Resort in PCB.

Per Florida law the loser pays the winners costs and fees. I have so far paid out $6,500 and the condo has probably paid out more than that.

All this was entirely unnecessary. The BOD and ‘Officers’ of the Assn. were all Developers of this complex. Not only were my complaints totally ignored I was told, incorrectly, that Waterstone could have anyone they wanted live there.

The Developers sold Waterstone 4 condos and me just one. They hoped that Waterstone would buy more condos from them and were quite willing to let Waterstone do anything they wanted with their 4 condos even if it was entirely against 3 major sections of the condo documents.

Waterstone is long gone from this complex, their 4 condos were foreclosed on by Compass Bank and Waterstone is being sued twice by Compass Bank, we have liens against Waterstone for unpaid assessments. The Developers as the BOD and Officers have poorly served the complex and cost owners here thousands of dollars in un-needed legal bills and the matter continues to drag on due to many delays caused by both the BOD and Waterstone.

The BOD will come under owner control with the election of a 2nd owner BOD member in later in 2010. Perhaps the matter can be concluded shortly after the new board takes control, if not we could waste another 2 years in doing depositions and interrogatories before even taking the matter to trial.

I have all along been asking for:
1) a stipulation that the NCC BOD will enforce the condo documents applying to rentals of units, and
2) payment of my legal costs (this latter is as provided for both in the condo documents and Florida law).

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Wednesday, May 5, 2010

Order for Substitution of Counsel

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Thursday, March 4, 2010

Motion to Set Trial Date

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Wednesday, March 3, 2010

Arbitration Declined by State of Florida

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Monday, February 15, 2010

Arbitration Filing

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