Monthly Archives: May 2014

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)

 

 

Cathy Hutton’s Blog: VLC Director since 1/28/14, owner since 2007

Please accept my apology regarding that letter sent and signed by the Board of Directors. For 4 months, I have been fighting the former board, the attorneys (who have billed us $xxxx.xx?? now arguing the Water Amendment was illegal, while we didn’t collect $30-$35k) and now the current board who included one member of the former board, instrumental in this issue (who did not remove herself). A hand- selected “impartial” committee was formed by Pres Aliperti which included one volunteer who is not listed on the deed, therefore not a legal owner, therefore cannot serve on an owner committee. Another, had openly spoken against meters and volunteered as a “neutral” party. To take volunteers from only those present at a meeting excludes all owners such as myself, who have minimal water usage, spend 8 -9 weeks in total at VLC and in my opinion is not impartial. The opinion issued by attorney Himschoot on 2/20/14 was countered by an opinion (the same stated since Nov) by me on 3/12/14 and reported as reviewed at a meeting with GAD attorneys Himschoot and Deboest from which I was excluded; reported to be at the suggestion of the property manager. The result of the meeting reported to me was the attorneys reversal of position based upon review of my opinion which included sections from our ByLaws not included in their opinion. The letter received was prepared and sent and I am not aware of the author of it nor was I given the opportunity to proofread it.

I have learned more than I ever wanted to know about condo associations and the related laws in the past 4 months and would never invest in a condo again. Condos are controlled by elected Board of Directors whose most important responsibility is FIDUCIARY; upholding governing documents and collection of assessments. Most of us when voting have little information about the owner candidates, none of it is substantiated and therefore either vote on whomever we know from coffee-a short statement we read, or not at all. The power given to these individuals is almost absolute and if they make mistakes, whether from ignorance or intentional – the financial consequences will still affect all and the law is not quick and easy to protect. If you research the matter, attorneys will caution that board members is important, and reading the laws and court cases which can be found through Google will illustrate further. Would you take your car to a pastry chef for repair? Would you take your dog to the auto body shop for his check-up? I don’t think any of us when we elect a board, expect to be shut out of communication; like previous boards, the new board has not made a priority of sharing information with off property owners which I proposed to them in the first week. Only those able to be present at the property meetings are kept updated.

The past two years have been a disaster financially and I have made suggestions that we need to attorney shop, which have been ignored. Google searches for court cases disclosed that we may be overpaying by $150 per hour for our area and we should have separate counsel for advisory, collections and litigation. No attorney is a specialist in foreclosure/collections and litigation and the billing rates area not usually the same. Legal expenses have exceeded the Annual budget already this year, as in 2013. The last justification for the reversal of opinion on the Water Amendment to my opinion, blamed JON MILLER, though his minutes and notes were not the problem – the failure to address the foreclosed bank owned units by the attorney in his opinion was.

I received the letter mailed to owners, the same as you and found it to have a RUDE tone and incorrect wording. To RE-KEY one’s lock would mean to CHANGE your lock – you would then not have a key to your unit. The property CAM, Lucia Stiles, sends communications to the other 4 BOD members and excludes me. I have addressed this and her response was that Pres Aliperti is who she takes direction from which Pres Aliperti has also written and is a term of the contract with VLC and Sentry.

I have not seen any reprimand or direction regarding this from him, she continues to omit me from her communications and based on the lack of direction from Pres Aliperti, this would indicate his assent. and the proofreading of this letter, was not done by me nor did I see it prior to its mailing and I am embarrassed to be connected to it, by the signature from the “Board of Directors”.

ALL OWNERS DESERVE A DATE SO THEY CAN MAKE ARRANGEMENTS AS THEY CHOOSE – NOT ORDERS