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Edition
Number 4, Version 1
November
23, 2002
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IN THIS ISSUE:
STATE OF FLORIDA
WARNS OF VIOLATIONS DURING LAST GRAND VISTA ELECTIONS
RECIPE FOR PUMPKIN
PIE - HAPPY THANKSGIVING
ELECTION ANALYSIS
COMPARISON
OF PAST ELECTIONS, A REPORT
J & M CONDO
WILL PROVIDE DETAILS TO PROPERTY OWNERS BY NOVEMBER 25TH
GRAND VISTA
PROPERTY OWNERS ARE ASKED TO PROVE THAT THEY PAID
A THANKSGIVING DAY
PRAYER
LAWSUIT NAMES
GRAND VISTA RESPONSIBLE FOR $25,450.87
LETTER FROM
PREMIUM FINANCE CONFIRMS INSURANCE WAS CANCELLED
PROPERTY OWNERS
PAY ABOUT $355 EACH
PROPERTY OWNERS
ARE BEING REQUIRED TO PAY FOR INSURANCE
Let us Know What You Think
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STATE OF FLORIDA WARNS
OF VIOLATIONS DURING LAST GRAND VISTA ELECTIONS
After receipt of sworn affidavits
from six Grand Vista property owners, the Division of Condominiums for the
State of Florida appointed investigative specialist, Monika Conroy to
inspect the election for the board of directors of Grand Vista held
September 9th of this year. Ms.
Conroy visited with Jose Garcia and Manuel Carrera this past October 23rd. Upon review of the official records, two investigators for
the Division discovered that the board of directors of Grand Vista
violated Rules 61B-23.0021(8), 61B-23.0021(10)(a) and 61B-23.0021(10)(b)
of the Florida Administrative Code by improperly executing and failing to
keep records of this election. According
to Ms. Conroy’s report, the board failed to retain and demonstrate the
correct number of ballots, envelopes, and affidavits.
This election was therefore invalid.
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Florida Administrative Code (“F.A.C.”)
indicates, in part:
“All envelopes and ballots, whether disregarded or
not, shall be retained with the official records of the association.” and
“The voter shall sign the exterior of the outer envelope in the space
provided for such signature.”
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The investigators counted 198 outer
envelopes, many of which were signed on both sides.
Yet the Association had only 188 ballots and could only produce 183
ballot envelopes. There were
more envelopes with signatures shown to be open than there were votes.
There was no explanation from the board about these extra
envelopes.
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Florida Administrative Code (“F.A.C.”)
indicates, in part:
“As the first order of business, ballots not yet
cast shall be collected. The
ballots inside the sealed envelopes shall then be handled by an
impartial committee. The
signature and unit identification on the outer envelope shall then be
checked against a list of qualified voters.” and “Upon commencement of the opening of the first
outer envelope, the polls shall be closed, and no more ballots shall be
accepted.”
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The sworn affidavits were sent to
the Division by property owners who were present at this election and who
witnessed and said that the impartial committee did not perform the
verification of the envelopes and signatures as the law requires and as it
had been the process in previous years.
Furthermore, envelopes continued being accepted even after the
inner envelopes were opened and the electoral count commenced. There were
even envelopes accepted for owners who no longer owned property at Grand
Vista and who did not appear on the roster of qualified voters.
The investigators also noted in their report that they found votes
that were accepted but should not have been, because the ballot envelope
contained a name or signature. Ballot
envelopes must remain blank so as to conceal all identity and secure that
the vote is secret. All
voters must be guaranteed anonymity when voting and that was clearly not
the case during this election procedure.
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From Our
Family To
Your Family
Happy
Thanksgiving
|
RECIPE FOR PUMPKIN PIE
SERVING SIZE:
4 to 6 Persons
Ingredients:
·
1 ½ cup of fresh cooked sifted pumpkin, (or canned)
·
2/3 cup of brown sugar
·
4 eggs, beaten
·
1 teaspoon of salt
·
1 teaspoon of ground nutmeg
·
1 teaspoon of ground ginger
·
2 teaspoons of ground cinnamon
·
1 can of evaporated milk
·
1 unbaked pie shell (large sized)
·
2 ounces (65g) of hard margarine
Cooking Instructions:
1.
Preheat oven to 425° F.
2.
Combine all ingredients except pie shell in a blender or food
processor.
3.
Blend until very smooth.
4.
Pour into the pie shell.
5.
Bake for 15 minutes.
6.
Reduce heat to 350° F and continue baking for an additional
45 minutes or until you see pie starting to crack on the surface.
7.
Let pie cool down 1 or 2 hours or chill in refrigerator.
8.
Serve with whipped cream.
ELECTION ANALYSIS
 An analysis of past election results for the board of
directors of Grand Vista has been prepared in order to illustrate the
distinct differences and unusual procedures employed during this last
election of September 9, 2002. There
have been at least two other elections in the past with an unusually
high voter turnout and participation from the community, attributed
primarily because the majority of the community wanted a different board
president. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxx Therefore
this analysis includes the election of 1997 and the election of 2000
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.
The calculations used to make this analysis were taken from the
election results mailed during those periods by the appropriate
association. Copies of the
minutes of those elections can be obtained by writing J & M Condo
Management and requesting to review the “Minutes book” from the
official records of the condominium or by visiting our website, at:
www.grandvistacondo.com/docs
Unfortunately, the current
association has not mailed the results of the last two elections to the
property owners, as was a typical procedure during past years.
This analysis therefore uses the totals that were provided
verbally at the election of September 9, 2002, as transcribed from audio
recordings of that meeting and from a report dated October 30, 2002
received from investigator Monika Conroy from the Division of
Condominiums. According to
the totals provided verbally by Mr. Helio Delatorre, the attorney
representing the Association, who also acted as the chairman of this
meeting, this year there were more votes cast than any other year in
Grand Vista’s 7-year history. The
impartial committee reported to have seen over 200 envelopes and even
more surprising, there was an overwhelming majority of votes to re-elect
the incumbent board members. Yet,
it was difficult to determine this based on the low number of property
owners in attendance at the election that voiced their support for the
incumbent group.
 In a later interview with three of the four impartial
committee members, it was learned that the fashion in which the
envelopes were handled raised some suspicion.
For example, the impartial committee members reported, “We were
not allowed to verify the envelopes.
Envelopes seemed as they were organized.
For the first portion of the election, all votes seemed to be for
the selection of a new board. Then
all of a sudden there was a new batch of envelopes brought forward and
all votes were for the current board members. Many of those envelopes
were signed on both sides, without there being instructions for anyone
to sign on both sides.” It is odd that the envelopes would turn out in such order
when they are supposed to be sealed and the contents supposedly a
‘secret’. It is also
uncertain why, as the report from the investigator indicates, “many
had signed on both sides.”
ELECTION RESULTS, COMPARED
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Election
Year
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Valid
Votes
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Votes
By Winner
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2002
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188**
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123
- Manuel Carrera**
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2001
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Missing*
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Missing*
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2000
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139
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129
- Miguel Roque
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1997
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119
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105
- Miguel Garcia
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*
= Information was approximated or not available, because the current board
failed to provide this report to all property owners.
**
= This election has not been declared official by the State of Florida,
Division of Condominiums.
The election results provided by attorney De La Torre seemed
to indicate that there were 123 ballots in support of the incumbent board,
while only 66 ballots were for a new group.
Months before, this committee insisted on beginning the election
process, after the current board had failed to follow procedures and
failed to follow the advise of their attorney.
The election to select the board of directors this year should have
been held May 1st, as clearly outlined in section III, article II of the
Association’s By-Laws, entitled “Annual Meetings”. A letter written to the board by their attorney, the offices
of Helio De La Torre, Esq. on July 5th, indicates in part
“…we would be unable to predict the outcome of a potential challenge
concerning the validity of such Annual Meeting and Election of Directors
should the Association decide to hold [the election] contrary to the
provisions of the By-laws.”
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Election
Year
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Did the Impartial committee review the envelopes?
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Did
the Board President conduct the meeting as required?
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2002
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No*
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No
– Helio De La Torre, Attorney for the Assoc.*
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2001
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Yes*
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Yes
– Giraldo Victoria*
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2000
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Yes
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No
– Giraldo Victoria
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1997
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Yes
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Yes
– xxxxxxxxxxx
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*
= Information was determined from statements made by those in attendance,
because the current board failed to provide this report to all property
owners.
The Association received a warning violation for failing to
begin the electoral process on time and the Bureau of Condominiums
instructed them that future violations may result in severe fines.
Later it was determined that the Association violated several other
laws. Among those, a Special
Assessment in the amount of $70,500 was approved in violation of Section
718.112(2)(c) of the Florida Statutes. The Association failed to provide details of this assessment
to the property owners and the Bureau conducting this investigation.
The Association breached their fiduciary responsibility by allowing
the insurance on the property to lapse on March 28, 2002 when they failed
to pay an installment of $1,317.41. As
a result of the lapse in insurance, all property owners have had to pay
for serious expenses such as damages caused by a fire, vehicle repairs,
legal and administrative costs and huge increases in insurance premiums.
Unable to obtain access to the official records of the condominium,
this committee has determined those damages to be in excess of $100,000. This figure also includes the fees required to start a new
insurance policy, deposits, penalties for cancellations, attorney’s
fees, legal settlement fees, etc. Additionally,
payments in excess of $11,727.41 that appear to have been made out to two
board members, their friends and/or acquaintances still remain under
investigation.
J & M CONDO WILL PROVIDE DETAILS
TO PROPERTY OWNERS BY NOVEMBER
25th
In an agreement made on October 23rd, before
Manuel Carrera, Monika Conroy and Eddie Hernandez, J & M Condo
president, Jose Garcia agreed to provide details to property owners of
Grand Vista that will provide definitive information about the
Association’s finances including full details about the Special
Assessment in 30 days. Mr. Garcia also agreed to make full access to the official
records of the Association by same date.
Several property owners report of having received a letter dated
October 4, 2002 from J & M Condo requesting payment of an un-approved
Special Assessment with threats of liens and foreclosures. A copy of that letter is posted on our website.
After that letter was mailed, Mr. Garcia was informed by
investigator Monika Conroy at the time of this agreement that attempting
to impose a Special Assessment without providing details to property
owners, as Section 718.112(2)(c) of the Florida Statutes specifically
indicates, may incur a penalty of up to $5,000 per violation.
The Association has received a written warning on this subject and
they have been informed that repeated violations may require stricter
enforcement procedures. All
property owners are entitled to view and make copies of this violation
notice. A copy of this letter
may be obtained from our website or by writing J & M Condo Management.
GRAND
VISTA PROPERTY OWNERS ARE ASKED TO PROVE THAT THEY PAID
Several property owners, including two board members received
a statement from J & M Condo Management this past month requesting
payment for a previous balance. The
note included with the monthly statement provided by J & M Condo
instructs property owners “NOT TO CALL” but to remit payment or
provide proof of payment. Mr.
Manuel Carrera provided a list of those property owners with balances to
this committee. Some property
owners received an attached ledger that indicates that an unexplained fee
was added on July 15. Property
owner, Eddie Hernandez was billed $400 on July 15, for no apparent reason,
though the attached ledger indicates that he has been current on his
assessments. Mr. Carrera’s
report indicates that one board member failed to pay three months of
monthly assessments and another board member has not paid the Special
Assessment, as many other property owners have failed to do.
Attorneys representing this committee indicate that in order for an
association to file a lien or foreclosure, the association must
demonstrate before a judge proof that a property owner has failed to pay
their monthly fees or approved assessments.
A lien cannot be placed for a fine or a violation.
It is the Association’s responsibility to maintain accurate
financial records, which includes details of the payments made by each
property owner. A demand to
show proof of payment for no apparent reason has become a common practice
by some associations, but this is NOT ACCEPTABLE court procedure.
Courts have refused to accept cases from associations that have
incomplete official records and that are unable or unwilling to provide
proof that a property owner has failed to make payment of their
assessments. Property owners
may request from their association full account payment histories for any
property owner, and their association must provide those details.
If a property owner feels threatened or pressured to provide proof
of payment, they should contact an attorney.
A judge may order that an association or property manager pay the
property owner for legal fees, punitive damages and/or other
administrative fees.
A
THANKSGIVING DAY PRAYER
Even though I clutch my blanket and growl when the alarm rings each
morning, thank you Lord that I can hear.
There are many who are deaf.
Even though I keep my eyes tightly closed against the morning light
as long as possible, thank you Lord that I can see. There are many who are blind.
Even
though I huddle in my bed and put off the effort of rising, thank you
Lord that I have the strength to rise.
There are many who are bedridden.
Even
though the first hour of my day is hectic, when socks are lost, toast is
burned, and tempers are short, thank you Lord for my family. There are many who are lonely.
Even
though our breakfast table never looks like the pictures in magazines
and the menu is at times unbalanced, thank you Lord for the food we
have. There are many who
are hungry.
Even
though I grumble and bemoan my fate from day to day and wish my
circumstances were better, thank you Lord for the gift of life.
-- Author: Unknown
LAWSUIT
NAMES
GRAND
VISTA RESPONSIBLE
FOR
$25,450.87
A new lawsuit filed in the Circuit Court of
Miami-Dade County November 5th, 2002 names Grand Vista
Association a defendant in a lawsuit for an amount of $25,450.87. The complaint was filed by the Plaintiff, Cole, Scott &
Kissane, P.A., an attorney firm in Miami, Florida. Legal documents presented in court this month, allege that
Grand Vista breached a contractual obligation by failing to pay this law
firm for their legal fees, as previously agreed to.
In another lawsuit last March, a judge ordered an automatic
garnishment of over $5,000 to be removed directly from the bank account
of Grand Vista because the Association failed since November, 2001 to
pay $350 monthly owed to Thyssen/Miami Elevators for the elevator repair
service.
LETTER
FROM PREMIUM FINANCE CONFIRMS
INSURANCE
WAS
CANCELLED
In previous bulletins and memos, this committee has informed
property owners that the Board allowed the insurance to lapse by failing
to make an installment payment for the month of March. The above letter demonstrates the validity of such
information. At the last
Board meeting of October 16th, Mr. Carrera provided to all
property owners present a copy of check number 140241 in the amount of
$20,656.49 made out by Premium Finance and sent to Kornreich NIA, to
apparently cast out all doubts about the insurance situation.
However, this check was first mentioned in an article in the
Grand Vista News dated August 12th, entitled “$24,367.99
DOLLARS IS SENT TO KORNREICH NIA”.
The check was to apply to the new policy.
This check was NOT A REFUND and it did not benefit Grand Vista
the least bit. The check
was a reimbursement of the money that had been paid over the amount due
to Premium Finance for the financing of the cancelled policy.
To explain this, consider that the current policy for commercial
property costs Grand Vista $106,005 a year.
A deposit of about 20% is required (or in this case, $21,201).
The finance company then adds additional fees, such as finance
charges, document stamps, and any other appropriate fees.
Upon cancellation of a policy, the insured is still responsible
for those fees owed to the finance company.
Those fees are deducted from the deposit and all the unused
monthly premiums made while the policy was still active.
The finance agreement and the check provided by Mr. Carrera is
only for the financing of the property insurance.
There is no information about all the other policies and whether
or not there is actually active Flood Insurance, Hurricane, Liability,
Directors & Officers Insurance, Worker’s Compensation Insurance,
Fiduciary Insurance, and if whether Grand Vista has included its
employees and Property Manager on any of its policies.
Property owners have been relying on trust that their Association
will pay the monthly bills, with no certainty.
ALL PROPERTY OWNERS SHOULD VERIFY INSURANCE INFORMATION ON THEIR
OWN. Section 12.1(e) of the
declarations and the governing documents of the condominium indicates
that the Association is responsible and it is their duty as board
members to purchase insurance, make the payments, make sure all
insurance policies remain valid, and it specifically says that the
Association must supply proof of insurance to all mortgage/finance
companies or property owners at the commencement of each policy period.
This is not optional; it is their fiduciary responsibility.
They must do this! Finance
companies often require proof of insurance, financial reports and
proposed budgets before they will consider financing a condominium.
If you are thinking of selling or refinancing your condo, you may
not be able to do so, until these matters are resolved and the Board has
these reports available.
PROPERTY OWNERS PAY ABOUT $355 EACH
Expenses and damages as a result of the cancellation in
insurance amount to over $100,000 based on the information this
committee has been able to collect from our limited resources, because
the Association has failed to make public the complete Official Records
and failed to provide an annual report during the past two years.
Based on an unofficial approximated figure of $100,000,
considering that there are 282 units, that equates to approximately $355
that each property owner has contributed, and in addition, the Board is
requesting an additional $250 for a Special Assessment from each
property owner. Incidentally,
the Association is behind two years in filing the required documentation
with the State Recorder. All
corporations must submit an annual report in a timely manner, no later
than March 31st.
PROPERTY OWNERS ARE BEING REQUIRED
TO PAY FOR INSURANCE
Several property owners have
received letters from their finance companies requesting proof of Hazard
and Flood insurance for the past two years.
If you are one of those individuals and your bank or finance
company has requested this information from you, it is important for you
to note that your company is entitled to bill you for the time they
believe your property was uninsured.
That is how they protect their investment.
Failure to pay the insurance to your finance company may result
in late fees, liens and may even result in a foreclosure on your
property. Since this
committee reported the cancellation of insurance, many property owners
have come to members of this group requesting information and a copy of
the insurance certificate. Two
property owners of Grand Vista, who have requested to remain nameless,
have demonstrated that their finance company requires them to pay over
$1200.
©
Copyright 2002, Grand Vista Special Action Committee. All Rights
Reserved
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