Category Archives: Uncategorized

Cape Coral Dining: September 2014

Last night we enjoyed a fabulous, casual dinner at First Round Draught on Del Prado.  Pop was in the mood for meatloaf and mashed potatoes and his meal did not disappoint. We shared the Ahi Tuna rare,  one order of hot wings and their bruschetta. Very noisy there, but glad to see them doing well in the off-season. Too many restaurants have gone out of business since we first came here in 2005.  www.frdcape.com

Tomorrow night, we hope to visit another favorite, Ariani’s and see the effervescent Chef Dario. www.ariani.com  Besides loving the murals painted by Chef Dario, along the walls, depicting his home country of Croatia, we love his linguini with white clam sauce, chopped spinach, escargot, and staff. One of our favorite servers, Alex (below with dark hair, with Jim) has been studying toward becoming a doctor and will be an excellent one with his people skills and intelligence.

IMG_0790IMG_1115

 

We have been fans of Red’s on Pine Island also and took our son Rob for dinner, his last night before leaving for Afghanistan with the Army (2 years ago).  Thankfully, he returned safely home after completing his Army time.  The 25 cent oyster special between 4 and 6 at the bar was discontinued one year ago and arriving in time to compete for a seat, to have the special was part of the fun. We have found a new oyster restaurant, where they are not a quarter but it is closer and they make smoked mullet spread.

IMG_0490

Sakura Japanese restaurant has been one of our favorites for sushi over the past few years. We had a terrific evening there in March, with Rob’s fiance’ Brittany and her family who were visiting from Prince Edward Island.  We wondered why it was so empty and the family was gathered in the back as we were leaving a little before 9, and we were told by our server they were closing early for a family crisis.  On our way out the door, we noticed everything in the bar was covered with plastic (preparation for extermination) and Rob noted a couple “critters” running around the register area, unconcerned by our presence. It was extremely funny to us all as we now knew why we had the place to ourselves, but my uneaten and packaged sushi went directly to the dumpster.  Our chef for the evening was hysterical and we will return again – though we will tell the owners they should have said “don’t come” that night when we telephoned for a reservation.  Below is an example of what can happen if you try sake for the first time or insult the chef, or both. IMG_1923IMG_1920

 

 

 

 

A beautiful Saturday at our condo….9/6/2014

We arrived last night around midnite to our condo, bringing  Jim’s Father Blair with us for his first visit. It was actually his first commercial air travel. His last airplane trip was to Korea and not pleasurable.  The exit gate to the community was in the open position as we had been told it was for at least one week now and remained so as of Sunday.

Our 1996 Lincoln Town Car was Blair’s prior to his gifting it to us to keep here in Florida. It has only 80,000 miles and will likely last for another 100,000 or so. Since being here, our bumper was damaged by someone backing in to it while in our spot, one side scratch from a auto car wash on Del Prado, but otherwise a great car.

We laughed to find this sticker with Parking Police Captain, Rick Aliperti’s name on it:  IMG_2329

Inoperable?  Our car is registered, insured and it is OUR SPOT.  A book of rules that was mailed out a few years ago, described unsightly cars.  That was laughable too. BOD: You have NO RIGHT to tow our legal vehicle from our spot, for low tires.  It did need a wash and Jim took it to Downtowners, after re-inflating our tires which were low from sitting unused for 3 months.  It is looking beautiful now and as one owner described it: Tony Soprano-ish. (New Jersey, HBO show on Mob if not known-we are Jersey)

IMG_2332

Next we took a look around the property as we were told furniture had been dumped for the past 2 weeks outside 1109.  Not a great photo but you can get the “picture”  It was a hospital bed, mattresses and a table. Not our décor or we might have dragged it home.  🙂  We’re heading out to AT&T today to replace my Iphone with the new model which takes amazing photos and video which we will test out Tuesday.

IMG_2334

At the elevator, a notice for a 9/9/14 at 8:30 am, board meeting was posted.   As in the past few years, no notice for owners not at the property has been made and the association sticks with the minimum requirement under the laws in Florida: 48 hours notice posted on the property.  It is a ghost town here now (which has always been when we loved it the most) and I checked the “Sentry Website” which is really only a payment portal with some uploaded docs – not posted on there. Some owners have told me they are flexible and would come to VLC for meetings, if they were aware of the scheduling.  We can upgrade/improve our own condo docs to include widespread notification, if BOD members wanted to.  The agenda is as follows: IMG_2330

Sorry for fuzzy. Will replace picture when I have the new camera phone. Included is the appointment of the new BOD member, which we hope will be a legal owner. Also, a discussion on how owners can request information. As many know, 3 times I have requested financial information (which is our right to review!). The first time, I was required to send a certified letter and the responses from Ms. Lucia Stiles were that it was all client privileged. (After paying Jason Himschoot $1,352 to block my obtaining-see legal bill detail). The 2nd was in May 2014 when I was a BOD member and Rick Aliperti and Ms. Stiles would not authorize my receiving copies of legal  bills (which are our right to review-I repeat). She required a certified letter and then provided. Mr. Aliperti then supposedly wrote the Infamous “Public Notice” which will be addressed. It was emailed to owners by his supporter, Marguerite Kisner, using her email address. Strange? Yes.

I requested the legal bills prior to this trip and was again told to do a cert letter and that I must copy all BOD members on communications to Ms. Stiles, as that is the “proper” request method. I asked Ms. Stiles and the BOD to direct us to the section in our docs or the statutes that dictates this. What is addressed is the association cannot DENY the info if a cert letter is sent – not that one must be used to request. Ms. Stiles then sent me some of the legal bills. (Hence the Tuesday discussion on how owners must request info on our agenda)  I also suggested they could be posted to the Sentry website (portal) but don’t expect it to happen anytime soon.

Not included were legal bills dated in July and August, nor with detail of the late June continuing discussion with Richard Deboest, Esq from late June. Maybe it was free again?  We will likely have to send a cert letter to ensure we received ALL, not some.  It’s okay though, USPS needs the revenue and we like to throw more money away to stay on top of our finances, right?  Not. The games of “you don’t need to know” continue while trash sits outside a building for 2 weeks, our car sticker was clearly a pathetic harassment attempt and the “security” gate remains broken and open.

If the spirit moves us, we will video the Tuesday meeting and figure out how to establish and link a Youtube posting.  We aren’t Youtube users, but it is free to upload and a suggestion I made in Feb 2014 that received kudos from Mr. Aliperti, but never utilized.  Yet.  Trying to move us forward in to the 2000’s, with technology and communications.  (Not going too well yet)

 

 

 

 

Current Pres: Rick Aliperti (Updated 10/14/14 – Part 1)

Jim and I had not met Mr. Rick Aliperti prior to Mar 24th, 2014 in person and knew little about him. Jim remembered his visits to Van Loon in painter type clothing and we were aware that his daughter lived there full time and that he had been on the ballot for board election in early 2013 also. He and his wife live full time in Cape Coral and we were told that Mr. Aliperti attended Saturday morning coffee gatherings most weeks at the clubhouse. We reviewed his candidate statement which described him as a battery salesman, and in sales for 30 years or so.

Rick and I had a brief email exchange prior to the election which was insignificant and no opinion of him was formed. Immediately after the 1/28/14, Mr. Aliperti began requesting telephone conversations with me, stating he had a lot of “windshield time”. I don’t and do not enjoy telephone talk, nor like to chat when driving. I agreed to an evening conversation and spent the first 10 minutes being lectured that if “you continue you will destroy the community and Section 8 will take over and the values will go down” and on and on. He also bragged about how good he was with his money and that he paid cash for his condo but had an underwater mortgage too.

Jim was present and could hear most of his statements.  I asked Mr. Aliperti if knew what we paid for our condo. He stated too much.  Yes, and therefore we have all the reason to work to get rid of waste and poor management, don’t we?

I asked him what he knew about the Water Meter cancelation by past president Kisner, the budget being underfunded, the deficit, Chapter 718, or non profit accounting. He admitted nothing. I then asked who he thought he was to telephone me, someone he had never met, who had done her homework and tell her what she should do, pursue, not do.   In a nutshell, he was opposed to my suggestion of having a background check for board members – stated no one would run for the board. Why not? Board members have complete control over finances, operate without notifying all owners of meetings, changes, methods. I volunteered to have my credit, credentials offered.  After discussing one board member whose background was “inflated”, he stated he could not work with a person like me and would resign.  This was Jan 2014.   He didn’t.

Resignation plan #2. 2014_03_27_Input_of_150_and_Million_dollar_resign.  The attached email illustrates the arrogance which has been in all of our correspondence.

Jim and I had flown home to New Jersey the day prior to the election and were returning Feb 1. The reorganization meeting was scheduled for Feb 1 and I had prepared information to bring, as it is my belief all owners were entitled to know what had happened with the Water Meters, the budget and the deficit. At 11:30 am, I received an email the meeting had been canceled for 1:00 pm.  I learned from other owners that it had been decided to cancel it on Jan 31st, though no one felt it was important to inform me.

Mr. Aliperti telephoned the former property manager two days later after I would not answer a telephone call from him. He asked the former manager if he would like to return to the property and the manager emailed me that I should speak with Mr. Aliperti.  I spoke with him by phone and he was proud to tell me he had canceled the Feb 1, Sat meeting.  He then proceeded to tell me about his successful work selling golf cart batteries for commission only and that we needed to know if the water meters from Master Meter, were “the best in the business”. Yes, they are and they were also paid for, and the replacement/repair zero cost. If in another 10 years, you wish to go shopping,  knock yourself out!  Our association was broke, had been overbilled in some areas for 2013, didn’t collect thousands of dollars in water and free and immediate was best in VLC business.

We were returning to New Jersey for our children, my full time job as a Revenue Agent/auditor and our homes, rental property, etc on Feb 5th. Guess what date the meeting was rescheduled for?  Feb 6th at 1:00 pm. I requested it be moved to 5:00 or so, to allow me to attend by Skype or phone. Pam Decraene replied that they decided to keep it at 1:00pm. Not attended: Cathy Hutton #1.

Many suggestions were submitted by me, most pressing for an immediate review of the budget which by Feb was clearly not sufficient. After firing the maintenance man though in Nov 13, the cleaning is way under budget! Other suggestions were to open communications to all through a website and that email communications discussing VLC business by board members and the property manager, were owner business. I established a separate email address for use when 2 or more board members (a quorum with me) to be used, and not any of my personal accounts. Mr. Aliperti established a new account also.

Within the first few weeks, it seemed to me that Mr. Aliperti either did not understand the water meter issue or was dragging the process out as long as possible, with the assistance of CAM Lucia Stiles and Pam Decraene.  Paul Weber and Brenda Hallihan were in support of individual meters prior to the election but the waters were muddied with confusing information spread. A Water Committee was selected from among full timers, or winter residents by Mr. Aliperti to make recommendations.    As I complained that the process was being dragged out and making the situation worse, while increasing legal fees (review posted legal bills-exhausted or nearly exhausted 2014 budget of 6k for the year by thee lection meeting), Mr. Aliperti wrote slam emails about me and continued to complain that I would not call him by phone. 2014_02_15_RA_Cathy_wont_call_me.  He also dictated that questions from me must be sent in advance, which contradicted statements that phone calls were best, as emails could mislead. 2014_02_07_Submit_questions_in_advance_to_Aliperti.  Most persons we know prefer to put things in writing.

Prior to owner meetings in late February, Aliperti and Decraene notified other board members that they had solved the issue together. Mr. Aliperti declared that canceling the water meter contract in Nov 13 (planned since April 2013 per Ms. Kisner’s emails with no replacement company contracted ).   2014 02 16 Rick and Pam solved_Big House.

Mr. Aliperti, through Pam Decraene requested and received a written opinion from the attorneys Feb 20th stating that the existing water amendment was illegal, to include in presentations at a Feb 26th special meeting  (I was not informed of the Feb 26th meeting by Aliperti – not attended-Cathy Hutton again)  and a Feb 27th board meeting.  2014_02_17_Need_Attorney_Letter.  The opinion was provided (more legal bills) 2014_02_20_Legal Opinions and Mr. Aliperti and Ms. Decraene presided over the meetings, with Ms. Decraene making a presentation that clearly convinced those present of the evil intentions and incompetence of the terminated water billing company and former property manager.  Copies of bills from 2012 water usage were passed out ( she purchased in April 2013 and obtained – legal fees were paid to block my request for 2013 bills in 2013. ??? )  The bills showed at least 3 meters running backwards.   Jim and I have a son who is a New Jersey water meter technician and presented to the board, an article posted on the meter manufacturer’s website, and other articles on how meters can be turned backwards.   Please google “Leesport Case Study from Master Meter” if interested.  Meters are sealed for a reason and when a meter is counting down, not up, read up on how this occurs.

Mr. Aliperti sent in writing, to owners, that I was accusing owners of stealing water.  Sigh……..Meter seals to be discussed later.  I like to stick to the facts; hence not one on one phone calls.

See Part 2……

 

 

 

 

 

 

 

 

Fees, Dues, Special Assessments and “Betterment Fees”? 4,900 this year!!

By now, you should have received your most recent, additional “contribution” and the analysis of last year’s water shortage. Only $16,835.90 short last year……..that may be close if there were only 339 days In a year, as used for the “Van Loon 2013 Water Report” mailed.

The basis for the 2nd 2014 “Special Assessment” is a $20 per month charge for each of the months in 2013 you were not present, and not billed water/sewer usage, therefore didn’t share in the fixed charges by the City of Cape Coral, referred to as Capacity charges.  What are Capacity charges?  All dwellings, single or multi family have a fixed charge per month for the access to water usage and sewerage processing, whether used or not. Sort of like paying for having the pipes there and maintained, or similar to the LCEC charge, with or without usage. ($15 for LCEC presently).  The fixed costs divided among the 150 units, equal about $21 per unit.

( VLC Association pays the full water bills to the City, and then collected from each unit using a billing company, which sent the reimbursements to VLC Association)

What is true is that when VLC installed sub-meters, the bills were set up that the fixed costs were divided among only units which had water/sewer usage, in each building, each month.  So, if 10 of the 15 units were occupied in a billing month, the 10 shared the $330, or approximately $33 per unit plus their water, and sewer. (Water is billed on a per unit amount/sewer based on the water billing).  If 15 had billings, each unit’s bill included capacity and usage.

Units with zero usage received only an administrative bill of $4.21 which was the $3.75 earned by the billing company for mailing them and collecting payments, and postage. Was this a fair division? No. If zero units were occupied in a building one month and no usage, would there been any reimbursement to the association? Doesn’t seem so. Was there ever a month that only 5 units had usage and each paid $65 plus usage? Maybe.

As the meters began to fail transmitting readings, less and less units were being billed more than $4.21.  The other units in the building whose meters continued to transmit, shared the fixed costs. Two board members at the time, Marguerite Kisner and Pam Decraene shared in the free water, kept the situation from other owners calling it “board business”, refused free replacement of all meters in Nov 2013, and did not want accurate billings corrected. Ms. Kisner was aware of the unfair allocation and shared the information only with other board members, but not all owners. The allocation could have been corrected with the billing company, simply by resetting the billing software. That would be if she were actually concerned with what was good for the association and not receiving free water. By keeping this information to themselves and not having the meters repaired, they were increasing the bills of all neighbors with usage.

One neighbor who rented in 2013 in our building, with the Kisners (1137) told us of receiving a $225 bill in June 2013, when very few were present. Hmmmm. He was very clean….

So, the fixed costs were covered for each building by the unlucky owners who were present and had usage. Your neighbors who were not present, were not trying to deceive anyone nor if not on the board, knew of the allocation problem. (again, easily changed). Your neighbors who had failed meters, and especially board members who had the responsibility to correct the problem may not have understood the higher math as described above, but definitely knew their bills shouldn’t have been $4.21.  To have kept it quiet was as dishonest as knowing you got an extra $20 in your change from the high school kid, and not giving it back.

We received a bill for $100 for this Water Calculation, supposedly representing 5 months of not being present or billed usage. Others have received $140 or more.  That is for only fixed costs.

Question: The association with the board including Pam Decraene has paid about $10,000 since January, related to the water amendment’s legality. Last notice in June 2014 that I am aware of (and will share soon) from the honorable Richard Deboest, Esq., was that the water amendment was illegal since he was not given proof the rights of the unsold or foreclosed units from Dec 2010, had been taken away. (more on that, the vote of taking rights away from non paying units took place Feb 2014)

No new legal counsel was sought and the board is in limbo on how to proceed. So, if the amendment is not legal, then how can you bill anything?

And, we want a refund for all payments made under the illegal amendment, going back to the beginning. Or, why assess the $20 of unfair allocation from June 13. Why not go back to June 11? (for those who still own). See the problem? This is another Special Assessment because we are in a deficit, though Special Assessments don’t look good for values. I asked board member Brenda Hallihan about the basis for this, if legal or illegal has not been established.  Her response was that this was NOT a Special Assessment and directed me to a page from the City of CC water department, referring to “Betterment Fee”.  Maybe we can rename all our payments betterment fees. I like the sound of it. Better.

I continue to say; the reserves are deficient, the budget was improperly prepared, and the year end is coming. Ask why the actual financial reports are not posted each month. Actual income and expenses on a Cash Basis, so owners can assess throughout the year our financial status and prospective owners can determine if they want to purchase at VLC.  “OPEN AND HONEST” communication. It is what Rick Aliperti and Brenda Hallihan claim to support.  Money where the mouth……….

 

 

 

 

 

Pam Decraene: 30 Year JP Morgan VP and Crediblity

How do you determine credibility of persons?  Does it matter to you? Experience has taught us that it does. JP Morgan Chase is an impressive corporation and investment bank and my brother, an accountant was a manager in the Wilmington, Delaware Headquarters for 10 years, until early 2007.

When Jim and I first met Ms. Decraene at the VLC pool in Sept 2013, our conversation revolved around her reason for moving with her husband Bob from their hometown in Indiana, her recent retirement after 30 years as a Vice President with JP Morgan and how expensive her water bill was. As stated before, we told her the $30-$35 we were charged for water/sewer each time we stayed for one week, was normal for the area and being a large usage condo, not unexpected (see City of Cape Coral rates-more gallons, higher unit price).  She stated her reason for moving from Indiana to Florida was an insult from a relative in regards to a job move when she waited for a location to open up for her. She did not elaborate on the move but stated the relative said her decision was “stupid”.

We returned to New Jersey and I asked my brother about Ms. Decraene and her being a VP for JP in Indiana. He stated that JP Morgan Chase had not entered the mid-west markets until mid-2000’s, more closely around 2005 when it began buying up smaller banks which then operated under the JP name.  We didn’t give additional thought to her, or her statements on her career until we learned she had been put on the BOD by former pres Kisner sometime in Oct 13. (Learned at the pool of course, no communications needed for mere owners) After becoming aware of the “free” water and sewer being enjoyed by Kisner and attempting to obtain (as all owners are ENTITLED to) copies of the water billings to determine who was not paying; we received the email discussions of the issue, including statements and questions by Decraene.

In none of the emails nor in our Sept 13 discussion, did Decraene mention her bill being ZERO for her unit as was Kisner’s.  Many of the writings did not indicate any financial or accounting background.  (Uploaded to Kisner post)

Water bills to be posted and subsequent payments by Kisner and Decraene, made 1/8/14 after conducting numerous legal meetings (see invoices) regarding “Election Issues”.  How did they think the had the right to spend our $$ to consult on Election Issues?

Decraene entered the election for the 2014 BOD; the CAM’s denied our being allowed to see the water bills (obtained after the election) and the Candidate Statement mailed separately to all owners (as inadvertently omitted by CAM Stiles), for Decraene included one career job and a long list of volunteer work.  2014 01 02_Candidate_Statement_Decraene One owner, who paid high like us and had a background in real estate and insurance spoke with me regarding the 30 year career and stated that it sounded impressive compared to some of the other resumes.  A Google search brought two separate articles from the South Bend Tribune (a local Indiana paper) of 2 different jobs held in 2004,  NOT JP Morgan Chase.

These articles confirmed what my brother had told us and after the election, newly elected BOD member Richard Aliperti wanted to have a phone conversation with me. (to be summarized on Aliperti post). During the “conversation”, I brought up that background checks for BOD members could be added to our bylaws, due to their access to unit keys and ability to control (and destroy) our financial health.  Aliperti became extremely agitated when I used Decraene’s misleading resume as an example (cannot understand why anyone would list one job, 30 volunteer activities except to impress beyond real background) and stated that she had explained to him about this.  He stated she worked for JP Morgan, then left, then came back and it happens often in the corporate world.   (I guess a government accountant must have never worked in the corporate world nor have knowledge of private enterprise practices?? – 🙂 I have worked in private, not for profit and government).

When I stated that JP Morgan was NOT in Indiana in those years, and only bought up smaller banks late in the 2000’s, he yelled that he could not work with anyone like me and would resign! That was the end to our 1st of only a handful of telephone conversations.  We had not at that time (met in person 3/24/14) and based on his writings by email and that one 30 minute phone conversation, I did not consider his resignation to be a loss.   During our “conversation” he admitted knowing nothing about the statutes, condo docs, by laws, nor the water meter debacle, nor the budget or deficit but lectured me, (seemingly without taking a breath) for the first 10 minutes. He ranted that I would destroy the community if I persisted thought did not specify what I couldn’t persist in doing and went on about VLC becoming a Section 8 community.  ?????? More on this to come.

Subsequent to this, Decraene emailed a copy of her last W2 and a glass etched award with 30 years retirement from JP by email, to clear up any questions.  This, Jim and I found “interesting”. After meeting Aliperti  on 3/24, and his bringing the Decraene employment history issue up again;  I sent the 2nd article for a 2nd 2004 employer and asked for further details of the changes. An emailed response from Aliperti stated the BOD was proud of Decraene’s service and that she worked for JP Morgan for her last 18 months (they purchased the bank she worked for and offered her a position 3 hours from her Elkhart, Indiana home).  BOD member Hallihan sent an email with “WHO CARES”!.

It was Aliperti who brought the issue up to me again in March 2014 during a meeting he requested, through Hallihan, which was conducted at our condo. (Yes I advised them that 3 or more was an illegal BOD meeting-we were not aware Hallihan was accompanying him).  I already knew the facts regarding JP and Indiana, and once I know someone has issues with truth, Keep them remain at arms length.  If someone submitted a resume to JP Morgan or any corporation, with overstated or misstated history, they are usually dismissed.

Who Cares?  We do. Credibility always matters.  We are shareholders in a not for profit association and as with buying ownership in a business or stock in a corporation, expect the finances and BOD members to be as reported. VLC may not be Enron but as a percentage of our net worth/wealth, it is important to those of us who own.

Water Meters: Legal, Illegal then Legal. Cost for debacle? Still ticking upward and illegal Again 6/19

For new or prospective owners: What is the” Water Meter Scandal”   The part termed “scandal” in our opinion is due to the 2013 board president, Ms. Marguerite Kisner’s actions and the lack of action by the property manager from Sentry Management, Inc., to repair our VLC owned and purchased unit water meters and issue accurate bills for usage for 3 to 8 months in some cases.

What caused this?  When VLC purchased $50,000 of unit meters from Master Meter (paid from VLC association funds-means they are a common element and board required to repair) , the manufacturer used the wrong (short life) batteries for transmitting readings instead of the 10 year batteries that should have been installed. They were installed mid 2011and failures began to occur sometime around Mar-Apr of 2013.  Persons who would have expected a water bill began receiving only the account billing fee: $4.21.  One owner reported it to the president in late May and began calling in their readings manually. The president was reported to have shown her bill to others, jokingly about “$4.21”.

Those of us who own and visit off and on, or had working and transmitting meters were not aware of the problem. Many of us received an email from the president in June 2013, regarding 14 non working meters and her attempt to speak to the billing company and arrange repair.  Others, who had not provided their email addresses for the “friends” list, knew nothing.

I believe the emails can explain better than i: 2013 06 20 Kisner Email (removed other owner email addresses for privacy).. What is true in this email is that initially, the owner of the billing company was told by manufacturer that owners had to pay repairs or labor to fix. As the failures increased rapidly, and the amount of water being billed to owners less than paid out to City of Cape Coral, it was recognized their was a defect and MM offered to repair all at no cost. This reported the owner took a few months of negotiation.  I spoke with him on several occasions and found him credible and knowledgeable on COAs, meters and who owned his company.

By Nov 2013, owners began to hear of the meter failures and started asking questions about who had $4.21 bills; what was happening.  Unknown to us was the growing deficit as the year progressed. Ms. Kisner and the other board members were aware of it and the majority of them voted to cancel the meter billing contract, have the last reading at 11/7, not issue back bills (meters could still be manually read). Member Paul Weber consulted privately with an attorney who advised that the board was in violation of the existing amendment if they used dues to pay individual expenses.  (Is it any different than paying for everyone’s toilet paper? You use 12 rolls a month, I use 2, we all pay the same!)  The 2013 board prepared the 2014 budget, increasing each unit $47 per month for FREE UNLIMITED WATER!

The estimated amount not billed for 2013? $30,000 or so.  this was in addition to other financial issues such as  overspending on Legal by $16k.

The per unit amount of $47 is GREAT if you are a full timer, have a large family, rent the condo and can include Water in an larger rent. Unless unrestricted, usage goes up and the budgeted amount doesn’t cover. Or, the in residence population changes all the time so using last year’s total may be grossly short for current year.  It also was in violation of the Water Amendment, which called for individual payment by usage.

After owners became aware of the situation Ms. Kisner and newly appointed board member Pamela Decraene began a sort of Public Relations campaign that the amendment was illegal and all blame on the “former property manager” , terminated by Ms. Kisner and 2013 board as of 3/31/13.  Also, that there was a fixed delivery cost per building, every month, even if zero gallons were consumed and only owners with usage paid. The argument was that $21 per month should be allocated to each unit, like the $15 fee for Electric, regardless of usage. Why was none of this discussed by the president, who was on the 2012 board, president since 4/1/13 and discussing the matter for months with other members?  Read on and form your opinion.

As I began asking questions, several owners shared board emails, mostly written by Ms. Kisner and Ms. Decraene discussing the meters and urging “Board Only”. (this continues with the current board)

One email from Ms. Kisner to our property manager, rejected a FREE repair to the meters in Nov 2013.  The CAM assigned by Sentry at the time , Glynnis Lowman, who notified the billing company that VLC would not be able to accompany the technician as the maintenance man was too busy with priority projects.  (he was terminated the next week)

I cannot state what action our CAM should have taken when Ms. Kisner decided to not repair a common element, collect funds owed…..Ms. Lowman demonstrated that she could consult with the attorneys without restriction but appears to have taken direction from the president and not shared the situation with the full ownership. In fact, from April 1 through the Nov 13 budget meter, we received no communications from Sentry.

After hearing rumors at the pool, of an intended Special Assessment and dues increase, we attempted to obtain the truth, including whose water meters were not being billed.  I am employed as an investigator, have been an auditor/investigator and when I hear statements that make no sense from persons elected to represent, not rule us; will continue to seek the truth.

We asked Ms. Decraene who stated “Board Only” business. We sent an email to Ms. Lowman, asking how we could obtain the water bills after reading Chapter 718 of our rights.  One email circulated by Ms. Kisner stated she had ALL the water bills since onset of meters.  Ms. Lowman’s reply was that we needed to send a certified letter of request.  (this is not required – it is required the association produce after receiving unless specifically excepted)  We also asked by email the name of the association attorney so we could learn more about him/her, their credentials and review Lee County court records which list appearances.  Our reply was from Mr. Himschoot himself, and the legal bill obtained later lists charges for both the response on obtaining water bills and his reply to us. For this we were charged nearly $1,000!! Review the Dec 13 bill.  (the Jan 14 is worse)

We were contacted by friends of Ms. Kisner who had been contacted to ask “how do we stop this woman?” and told of her and Ms. Decraene making an appointment with the attorney. One forwarded an email from her requesting what the charge would be. ( yes we saved phone records, emails as I have been told numerous times of the prior and current board seeking to sue me).

We were completely unaware of legal fees being run up by Sentry’s manager and the president as we were denied the information owners should have readily available. At some point, Ms. Kisner took over a room in the clubhouse as an office for board only ( I have not set foot in), without any owner vote, discussion.  This would be a logical place to store all financial records, contracts and other information owners may want to review, if it is going to remain a VLC business office!

The attached legal bills are owner information’ no private thoughts, opinions or attorney client decisions.  The past dictators, I mean directors are listed as meeting with attorneys for  “election and water meter” consulation? Election?  “Candidate statement”? Would that be the singularly mailed Pamela Decraene statement, received 1/2/14 by most and reported as “inadvertantly omitted”?   2014_Legal_Bills_Kisner_Decraene 

Note the charges with “Board Members” plural, “directors” plural for election and water meter issues.  Who other than president Kisner was included?  What discussions on the 1/28/14 election were required?  (another matter entirely- the handling of the election, owners who reported not receiving ballots. Our ballot was rejected by an owner who stated to our neighbor we had voted yesterday. How? We had one ballot, one ballot envelope yet there was a signature in the line for our unit that is not Jim’s or mine.  2014 01 28 Ballot Log

On our next visit, we will request to see “our ballot envelope” as they are required to maintain for one year after the election.

Ms. Kisner and Ms. Decraene began a campaign against our recorded Water Amendment after attention was put on the issue, by owners who want to pay their individual water and sewer; not a joint bill, that it was illegal.  Some of the argument regarded  “seasonals” and “absentee” owners not paying their fair shares. The argument continues to be fueled by them though Ms. Kisner was not re-elected and the legal bills exceeded budget by early April.  As of today, the current president and Ms. Decraene, with support in spreading emails to discredit any analysis or questions by me from Ms. Kisner, continue to argue that the amendment was illegal. Will provide and explain.  Winner? GAD attorney who I can only imagine what amount of legal we have reached and will show you if requested the number of requests made through Mr. Aliperti to obtain for the 3/31 analysis.

Subsequent to the election, I was able to obtain only a few months of the Champion billings despite my certified letter sent.  The response I received from Sentry prior to the 1/28 election, on the advice (per legal bill) of attorney was “Client Privilege” .  ?? . The bills for mid summer showed zero gallons of usage for full time residents Kisner and Decraene whose units had 2 residents each.  Hmmm…..

Subsequent to the election I was also informed that Kisner and Decraene estimated their own back water/sewer and made full payments to cover the multiple months not billed.  Chapter 718 states that board members in arrears to the association are considered vacating the seat. As no bill was issued, it appears their interpretation was that they were not in arrears.  The year end bill lists Decraene not paying the last 3 months of $4.21 to the billing company.  When you vote to not repair, not issue a corrected bill and you yourself weren’t billed……..form your own conclusions.

Ms. Decraene provided substantiation of her payment to the newly elected BOD members: $352 on 1/8/14. Ms. Kisner made a similar payment of just over $300 on 1/8/14 after sending her year end success letters of always paying her and her husband’s bills!

The notice below was posted and two attorneys attended the 1/28/14 annual meeting and election, to explain why our amendment was not legal; therefore no wrong actions by the BOD took place. Many times I asked the question: if it were illegal, and we don’t have to bill for all back water and sewer usage to the failed and failing units; are those of us who paid going to be issued refunds for what we paid illegally?  No response to date on this logical and fair question.

Bulletin_Board_for_Lawyers_Pre_ElectionAfter the election a current BOD member whom I publicly supported in a letter urging owners to return their ballots (how it was learned many did not receive at all), Brenda Hallihan waivered on her stance on the water meters after listening to the attorneys argue illegal.  (at the $675 per hour election meeting).   Knowing that board members have a fiduciary duty to uphold governing documents and any accountant could see our budget was deficient and should be reviewed as first order of business, I sent a position letter to the BOD  (forgive typos-I’m incredibly busy and work full time M-F)  Dear Mr.

Two other attorneys, unrelated had been consulted by Mr. Weber and myself on the legality and I urged the “new” board to find other counsel and separate legal functions of collections from advisory. crazy negativity from me?) .  Instead, the BOD continued to publicly speak of being careful, taking this slowly, etc etc. two BOD members  solicited the 2/20/14 legal opinion below, for presentation to owners at a 2/26 and/0r 2/27 meeting.  (I was not advised of the 2/26 meeting until a guest speaker – billing company sales rep  invited and all owners were notified)

2014_02_20_Legal Opinions

*Note in the legal letter, the suspension of rights for owners who are in arrears for pool, clubhouse, common area.  Anyone know where the BBQ Grill is that they can’t use?  I voted NO on this matter as the units mentioned were familiar to me, including one owner who passed away 14 months prior to this vote; 3 units in foreclosure which I have sympathy for the investor or resident ALL owners for financial information yet will publish the unit numbers without considering personal situations.

To be continued on FREE NO CHARGE post and Deboest’s latest, on not taking rights from non paying owners – can’t find yet in condo docs or bylaws. Was voted on 2/27/14.

_

Surplus at the end of March or underwater?

PaddlingI have prepared an estimate of our financial position at 3/31/14 and requested feedback from the board members and our property manager, Ms. Stiles. (click here) 2014 03 31 Estimated Financial Position.  In evaluating the 2 bank accounts holding VLC funds, it appears we have a 72,000 deficit as of 3/31. From the information used, it seems the security deposits from tenants are not maintained in a separate Escrow account.  I have asked what exception to the laws regarding tenants’ security deposits our Association met, or allowed Sentry to not maintain a separate bank account for Escrow funds. No response has been provided after more than week.

It is not possible to “save” 72k by year; if all past due assessments were received tomorrow the association would remain “in the Red” based on the 3/31 analysis and the current budget.  Commingling of Reserve funds for reserves and operating expenses, I have read, is allowable in Florida when for “investment purposes”. Being underwater does not appear to be investing. The causes can be directly linked to past and present board decisions, poor budgeting, actions and inaction by our property management company and no limitations for spending on legal fees by Bod members or the property management company.

Last month, you may have received a letter dated April 16th (click here ) 2014 04 16 Pres Ltr from the BOD president,  Rick Aliperti, which was postal mailed to all owners and posted to the Sentry Mgmt website.  The letter announced a SURPLUS for March based on an email from Sentry’s Lucia Stiles, our assigned property manager. (click here) 2014_04_16_March_Surplus_Announcment_by_CAM_Stiles .  Despite the good news, no April 1 financial report with details per our bylaws was prepared and sent to owners and Mr. Aliperti responded that the accountants had an extension on preparing the audit report. A draft was received by the bod members and is still under review by the Treasurer, Paul Weber (unless I have not been informed otherwise)  The source for the claim was the attached.  (click here) March 31 2014 Sentry   

Since November 2013, after 7 years of ownership, my husband and I have been attempting to  obtain the facts; the real information regarding our financial status.  Due to the actions of the past and current board, we familiarized ourselves with the Florida statutes applicable to COAs and the governing docs and learned what our rights as owners were for obtaining financial information. Laws and governing docs have not prevented the past and current bod presidents and the management company from spending thousands of our $$ on attorneys, to block this information from being provided.  This continues to occur despite my being “on the board” in name only, though omitted from vital information sharing.

From what I was able to obtain, it was clear the budget was inadequate, the “extra” funds collected in 2014 would be needed for those not collected in 2013 and the overspending on some line items (legal, insurance, water) would result in a year end 2014 shortage.  (Good News? : at least they didn’t spend all the budgeted building cleaning in 2013!)  The primary responsibility of a COA board is to collect assessments for maintenance of common elements, insurance, replacement of fixed assets (roof) and an active property manager who visits more than one  time per week can “manage” landscaping contractors, pool companies, trash removal, allow access when needed, keep unit keys secure, etc. It is what they are licensed for and have had a background check to determine if any criminal history exists for the security of owners.  BOD members are not vital for their presence nor expected to be the cleaning crew, lanai checkers or landscape experts. Any owner or tenant can assist as the eyes and ears for the manager and report breakdowns or issues. Volunteerism is always a good thing to save the association money, but should be limited to certain areas.

From the time of the election, i made numerous attempts to explain the priority of goals for the BOD and  was met with either no response or insults for negativity. My suggestion of establishing a REAL website where all board emails, notices, etc could be posted and an account for meeting videos to be uploaded to did not make the cut for agendas either. Instead, 3 letters from Mr. Aliperti have been added to the Sentry owner payment website where only owners can access and must sign in to find.  From early February, Ms. Stiles ceased to include me when sending information to the “board” and included only the other 4. BOD meetings were scheduled at 1pm during weekdays, as it was stated the only times available for Ms. Stiles. Some meetings, I was not notified of and the 4/15 meeting at 1pm I waited for a Skype call, or phone contact. No call, no contact despite my advising the BOD pres that I would be available.

Many times, I brought the exclusions to the attention of Mr. Aliperti whose response was didn’t direct anyone’s actions.   Subsequently, I obtained an email by Mr. Aliperti,  directing the 4 other board members and Ms. Stiles to include “appropriate” BOD members only in their communication.  As BOD members can be personally held liable for violations of fiduciary duty, resulting in losses to owners, I emailed my objections to the delays in acting on the meters and stressed that we needed new legal representation.  (more on this to come)  ( click here)  Dear Mr

None of the other current board members reported having accounting backgrounds and early on exhibited a reliance on the manager who is a licensed CAM; not an accountant nor financially invested in this community.  I did not see any objections by  the other board members to her omission of me regarding group communications though at times,  Brenda Hallihan and Paul Weber included me for email discussions.  I have not read the Condo Association Manager(CAM) guidelines, available online, but cannot imagine that  this action would be ethically correct,

Consequently, requests for real information; legal invoices to determine why we were again over budget by March; General Ledger detail to review adjusting entries (moving funds from one account to another; reserves) were ignored.  To obtain the necessary information, I was required to issue my 2nd certified letter, travel to Sentry’s office on May 24th (time off work, travel expenses from NJ to FL) and pay $25.40 for document copies. After that appointment, I learned the information had been emailed to the other BOD members.  I have requested a refund of cash paid to Sentry employee Dianne Racine, but no response from Ms. Stiles yet. I may need to send the “board” a request?  I cannot imagine that the owner of Sentry, Mr. James Hart condones business practices such as this. Mr. Aliperti in his recent “Public Notice”  states that I caused legal fees with my request, as they again tried to block providing what we are entitled to according to state statutes and our VLC governing documetns.  The current pres frequently uses the phrase “Open and Honest Communication”  yet requests phone calls to discuss VLC business, with the explanation that it is the best way to get the facts. Emails which are written communications can be “misleading”.  Most people I have spoken with would prefer information in writing as opposed to “whisper down the lane” which is more prone to mistakes and gossip.

Note also the General Ledger including a reserve for Paving, nearly 23k. Interesting as 14.5k was included on the “Special Assessment” we were billed Feb 1.  “Snookered”? “Double dipped”?  (click here) 2014 04 14 GL Sentry Prepared  No explanations have been given.

To close this deficit we need to bill for the water individually used from the date of last reading through the date of repair.  The amount at this time would be nearly the $30k through 12/31/13 (unknown what amount was collected from owners who sold during this period or if it is being tracked) and the water from  Jan – May 19, or date of repair.  Based on payments of water expense, the 2014 amount may be near $32k as of May 19, higher if applying the expense to the date of service, not the date of payment. The current board has not disclosed to me any plan despite my volunteering to calculate, using an Excel formula and a determined rate of water, any plan for this. Some of the board are arguing that water thru 12/31 should be billed; there is no cutoff reading at 12/31 for nearly 130 units.  Others seem to think that owners will feel they were “double dipped” to be billed along with the dues increase.  More coming on this soon.

Many questions remain unanswered: how the 2013 year end Utilities could be reported as under budget when they were projected at 11/2013 on the budget draft to be at least 20k over. (from unbilled water). If you have questions, input, or notice something I may have overlooked in preparing the estimate, feel free to contact me at [email protected] . Like the illustration above, I am rowing a rubber raft by myself as we are nearing the 2014 year end (in budgeting) and should be projecting monthly our actual position, not an Accrual report.

Last week, bills could not be paid and our current Treasurer suggested owners pay their July 1 dues early, to pay June bills. This will not solve the overall problem and an explanation by Mr. Aliperti to an owner, of the 24k insurance payment is only a timing issue. We are bleeding out financially and trying to apply a Band-aid when a tourniquet is needed.

Catherine

Update

Full news to be mailed or emailed soon; much has happened and only partial or no info provided.  This Website is not what I had hoped for and I don’t intend to invest additional funds in one.  My husband and I have tried to force fiscal sanity through becoming involved and it does not appear to be having an effect. Other owners need to become involved.

If you were not aware, the 1/28/14 election resulted in the re-election of Paul Weber, the return of the appointed Pam DeCraene, and the initial election of Brenda Hallihan, Rick Aliperti and myself, Catherine Hutton. I had requested the support of both Paul and Brenda, and for the return of ballots, due to the utter lack of accountability of the past President who was joined by Ms. Decraene sometime in Oct 2013, in the debacle referred to as our “Water Meter Scandal” by many. The estimated cost of this financially to date may be a loss of $30-32,000 of Water paid by the association for individuals whose meters failed to transmit readings and thus, no billings were sent, and then the related defense of the VOTE to not accept the free meter repair, read the meters and issue corrected billings, by the attorneys.

I will be updating owners in a letter to be sent, including the “opinion” of the existing Water Amendment being Illegal by Mr. Jason Himschoot, and my free opinion, a non – attorney, using our governing documents, which I was told was the defining reason after 4 months of fighting that it was legal, an estimated $7 to $9,000 of attorneys related fees (not sure, not allowed to see any documents even as a board member on order of the new board president and property manager), and more blame on Jon Miller.

What most don’t know is that attorneys don’t represent owners; they represent the board members. When Ms. Kisner and Ms. Decraene voted to cancel the meter repair, not have their own failed meters read, a new bill issued and pay for their own full time resident usage, they were failing as board members to disclose to us, vital information as we were entitled to:

Coming:  Kisner’s organizing of recall; shut out by board on $8 per owner cost for website , maintained for ongoing communication; use of Quickbooks to allow turnover; failure by Sentry to prepare estoppel, current true financial picture and year end 2013; books presented as 100% budgeted income; negative water (applied dues though not designated amounts) financed insurance expense at 16-21% interest – budget 75k, payments multiplied out 92k, no explanation how it will in budget, last year too. Last year Nov 13 proj util was 168k in Nov, books 138k by Sent. No owner report sent April 1. Pres Aliperti says extension.  CPA paid 4,500 for audit; revealed no useful information. Board members needed with strong accounting, QB used, scope  prop mgr running bod, Fla bod attorney meeting? ; water meters could have been resolved and fixed 3/1. Now 15 mos past failure. Backwards running don’t self correct, People turn around. Look at whose. Not to be finished………Will take a week. Had an unexpected loss, funeral yesterday. We keep hearing about the “majority” from the BOD members in Fla all winter. The majority is every one of us. Not the 40-50 retired.   As minority bod member, who is completely ignored by Sentry’s best CAM yet, and it is accepted by the other 4;   Projection appears if no changes; legal over budget by 2.5k already this year, AR outstanding 70; out of budgeted 700k (wasn’t planned for but don’t blame Lucia she says, wasn’t her-only another Sentry CAM).  Progress: Lot paved-by company Lucia recommended. Areas not done well. Most expensive bid. And, took voting rights, pool use, and clubhouse use from deceased original owner. (Wish I were kidding)