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.