Why is the Association giving me $7,000?

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.
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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.

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.)

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 
5/4/11

As Filed with Court

Applebaum files Answer on behalf of Condo Assn.

3/28/2011 ANSWER - NAUTILUS COVE CONDOMINIUM ASSOC INC TO AMENDED COMPLAINT

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.”

Click on page for large clear copy

 

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:  http://nautiluscovesuit2008.blogspot.com/

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

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

A New Filing

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.