NO SMOKING!

The election was held today............GO TRUMP!!!....oh, sorry wrong election. The Island Cove Condo Board of  Directors election, that is, was held today...we'll get to the nominees in another post. One thing that caught our attention was the addition of a proposed smoking ban which is to included our lanai area. Although Florida laws protect people from secondhand smoke at work and in restaurants, shops, and other places, many of our residents still find themselves exposed to unwanted secondhand smoke in their condos—especially since we live in multi-unit buildings. How many residents you ask....depends on WHO you ask...the main office says it ranges from 1 to 1,000,000,000,000,000,000,000,000 and the board replied "it's more then 1 but less then infinity." Anyway, where were we....In our condos, where each unit is owned separately, addressing this problem can be especially challenging. Owning a unit automatically means you are a member of the HOA, and any member of the HOA can begin the process of making a complex smoke-free..which is what happened today. We are not versed in the Florida statue regarding smoking bans but common sense would conclude lobbies, elevators, stairwells, clubhouses and other common areas can be designated smoke-free by the HOA. We also believe smoking may even be restricted in individual units, which would prohibit all current and future owners, renters, and guests from smoking there. A smoking restriction could include the “exclusive use” common areas such as balconies and lanais. So stop asking if they can implement this rule and start asking "how are they going to enforce it?" We are also not a defense attorney and since ignorance isn't a defense we thought we'd offer some "excuses" if you are caught smoking on your lanai. The most obvious excuse is I was standing at the threshold of my lanai and living room not in the lanai itself....victory for you,...or our personal favorite, "it was a small fire but we have it under control, thanks for your concern"......or "i was blowing out a candle"....be creative. If you have any others simply add them to the comment section. If you live on the first floor just stand on the concrete pad outside of your lanai door and blow that smoke like a chimney...and if you live above the first, just don't answer your door. To be honest, we would rather smell the sweet sent of a Tiparillo or a Cuban cigar then our neighbors Kielbasa and cabbage cooked in bacon drippings and seasoned with garlic, red pepper flakes and caraway seeds simmered in a creamy, mild sour cream sauce. Be aware however, we have heard the office is purchasing drones in an effort to enforce the smoking ban, if that happens, you're on your own.

Gag Order Lifted

After a several month hiatus and a self-imposed gag order we feel it's time to return to the idiocy of the blog. We were ORDERED to remain silent during the election process and rather then face the wrath of the powers that be, we obliged. With that order lifted, we have a ton of catching up to do.....anyone know what happened to our lock-box??

Must Be Election Time (cont, cont)

Now a response from our very own Baby Telly Savalas:

Dear Fellow Homeowners,

You will or have received an email from *** ***** rebutting the information in ******* email. I will address his comments. First of all, ******* was acting as an individual owner and not as the communication committee. In the packet, the addition in Exhibit A states a “ a majority of those Voting Interests present, in person or by proxy, at a duly called meeting of the Association at which a quorum is attained, provided that the text of each proposed amendment has been given to the members with notice of the meeting.”

The original documents stated two thirds of the voting interests in the Association. The new addition states a Majority. *** states that Board proposed this amendment to the Declarations which would call for a 50% vote of the 80 unit owners needed for a quorum to pass a change. That is 40 owners out of 240 making decisions for you.

When Island Cove began, the original documents and declarations were written by people with experience in the condominium field. These documents were written to protect you and future generations of owners from unnecessary abuses of funds and power. Please vote against this for the protection of all concerned.

The letter in the packet from *** ***** states that the majority of the board recommends this. I for one am not part of this majority. I strongly believe that a yes vote would harm our way of life now and in the future. This could end up costing us in the form of major assessments on products or services that we do not want nor need. All of this, because a small majority was able to push something through.

This change to the voting majority would be permanent and could virtually put the power in the hands of a few. I do not believe this change would be good for the owners.

The second issue that I have is the one asking to vote to forego and audit in 2017. This just does not make any sense. We must know that our accounting practices are in keeping with our fiduciary responsibility.

Regarding the $5000, in **** letter he states “I don’t know where this information came from,” I refute this as I am in possession of an email from our former accountant stating the exact facts that ****** presented . It is a sad state of affairs that out present president does not have knowledge of this information and he is asking to forgo an audit?

I am running for the board of directors and I would very much appreciate your vote. Two other owners that are running are***** ****** and *** ******. I have worked well with ****on the board. I know *** ****** and he has had experience with budgeting and as a board member of two HOA’s. I feel he would be an asset to our board. Thank you for your support.

Sincerely,
**** ****** 

Must Be Election Time (cont)

Now the response from the Throne of our Exalted One:

PLEASE NOTE WHAT HE IS ACTUALLY THINKING IS IN PARENTHESIS IS RED

To All Unit Owners (My servants) of Island Cove:

This is in regard to the recent email concerning the vote requirement change in the owners packet.  I have a copy of the email from Mr. Community Liaison (Pain in the ass) regarding a couple of issues that are coming up at our annual meeting on March 23, 2017.  I thank him for his comments. (This is how I find out who's speaking out against the machine and I can **** with them) I wish more people would get involved in our wonderful complex as more involvement by the owners would improve communication for all. (More people to **** with)

As a member of the communication committee (who's talking about me) I am sure he realizes that it is very important to get the correct facts (I mean lies) to our owners so they can make informed decisions. Unfortunately, one of the items mentioned in the email about simple majority voting, etc., is in error. (Damn! how'd he find out?)

Specifically, what was failed to be mentioned in the email is the quorum requirement for all meetings of the Association, including the annual meeting. A quorum is (My two cronies) what the By-laws require to have a valid meeting. In this case, it is one-third or 80 owners by either proxy or in person. The statement that an issue passed by 21 votes could become a “permanent addition to the Declarations” is false. (He nailed it!) Assuming there is a quorum of 80 owners, (Ha! that'll never happen.....Carol, don't tell anyone when the next meeting is) it takes a vote of 41 unit owners to make a change to matters which are covered by the By-laws. (Or in other words MY-LAWS) Matters covered by the By-laws are usually issues involving day-to-day management of the complex. The Declarations which are referred to, is a completely different document than the By-laws and deals with more substantive issues concerning ownership rights, parking, use of property, etc. Because these are more substantive owner rights in the Declarations, they are given greater weight (Do I look fat?) as a matter of law. If there is a conflict between the Declarations and the By-laws, the Declarations would apply. For this reason, it also takes a greater vote by the owners to change Declarations. In our case, to change a Declaration it takes a 2/3 vote (or 160 unit owners) to make a change to the Declarations - not the 21 owners hypothetically referred to.

Historically, for many years it was difficult to get 80 unit owners by proxy and/or in person at our annual meeting. (Cus I keep changing the date) To get 160 unit owners at any meeting is extremely difficult. Nevertheless, it is the opinion of a majority (ME!) of the Board that certain matters need to be changed in the Declarations. It was for that reason that the Board proposed this amendment to the Declarations which would call for a 50% vote of the 80 unit owners needed for a quorum to pass a change. This would be the same as the current Bylaws. I do not know where the idea (I told him) that Mr. states that a vote of 21 members “could end up costing owners hundreds of thousands of dollars (Probably more then that) in additional assessments”, but it certainly is an accusation without foundation. (Like our seawall)

As part of the communication committee, (Which I just abolished) I would hope that before any additional comments in this regard are provided to our membership, (My flock) that Mr. would communicate with the Board or at least other communication committee members to avoid future misstatements. (TRUTHS!) 

As far as the comments about an audit, (Those are nice cars) we have always had an open policy toward financial information being available to any owner. (Never gonna happen) As to the $5,000.00 cash (CHA CHING!!, momma got a new pair of shoes) not being accounted for, I don’t know where this information came from, (I'm gonna find out) but we just had an Audit in 2016, and there were no issues.  However, if the owners want another audit,I will be happy to implement this request, (Another lie) but we will need to make an assessment to all owners to pay for this additional service. 

I look forward to the annual meeting, where I welcome comments or concerns by any of our owners. (I can't stop lying!!!!!) 

Must Be Election Time

Looks like we've been awakened by several emails we've received over the past week regarding several proposed changes to our "Docs" by our Board OR Board President which requires our undivided attention. To get you caught up we are going to post the emails in the order in which they were received then we will voice our opinion. We've omitted the names associated with the emails but you can always voice your opinion in the comment section. Wink!! Wink!!

First from our Community Liaison:

I am writing to you as an owner in Island Cove and as well as my friend. By now, you should have received either the physical packet or the one that was emailed to you from Island Cove. As I was reading through it, two things that were disturbing jumped out at me.

In the packet is a letter from *** ***** asking for a favorable vote on changing the vote requirement in the “Amendments to Declaration of Island Cove” These are commonly referred to as the “Docs”. The change in vote approval would delete the 2/3 (160) votes and replace it with  a majority. 

What does this mean in clear language? The exact way it is written, for your upcoming vote, it could allow a simple majority. Read the statement. So a meeting is called and proxies are sent out. As an example, at a meeting, if 20 people showed up and they had 10 returned proxies, they would just need 21 favorable votes out of 30 to pass an item and it become a permanent addition to the Declaration (Docs). This is how it reads.

This could be a tremendous detriment and damaging to our community for so few people to have so much power over how permanent a change could be. A vote by a simple majority could end up costing you hundreds or thousands of dollars in additional assessments.

*** makes it seem like no big deal. He writes about something harmless like fishing off of the seawall or changing windows; however some future plan that could harm your value could be put into place with a simple majority. 

The second item it a vote to waive the audit for 2017 in exchange for an “End of Year Expense and Loss” report. We need an audit. Island Cove is a million dollar business. There have been questions regarding $5,000 cash spent. The previous accountant did not know what it was for, she could only speculate some workers were paid in cash and she recommended anything over $600.00 had to have a 1099. We need an audit, sure it will cost to have it done, but we need to know where our money is spent. A profit and loss statement just won’t do.

I urge you to please vote NO on these two items. To have so few have so much power is against all that is right.

While I am speaking about voting, I would really like you to consider the following candidates for the board of directors: ***************************** These owners care about what is going on in our community. We need checks and balances and I believe that these three owners can do it.

Thank you for taking the time to read this.

Best regards,