Board Elections At Playa Del Mar Condos
Bylaws clearly state: Board member must be an owner!
An Opinion By Jan Bergemann
April 5, 2006
We heard a lot about the "Monitored Elections" at the Playa Del Mar Condos, but we heard so far very little about one of the main reasons for all this excitement. We have seen how the DBPR is trying to wiggle themselves out of any responsibility! But whatever attempts are being made, this situation will not go away until acceptable solutions have been reached!
owners in Playa Del Mar think that the disturbance with the election
monitors had been created just to divert the attention from the fact that
one of the board members is not an owner -- according to all public
of PLAYA DEL MAR ASSOCIATION, INC. are very clear in this regard.
In order to be a member of the board the person has to be an owner
-- see below! It even
specifically states: "A certificate shall be recorded in the
Public Records of Broward County, Florida."
the opinion of many, that clearly indicates that Edward A. Napolitano is
not an owner of record -- and should never have been allowed to declare
his candidacy in the election in the first place.
requests by unit owners to show proof of ownership have been stalled by
the board, attorney and manager. Owners don't look for any confidential
records, they plainly ask for proof of ownership as required in the
association's documents. What's so difficult about a simple
request for proof?
of receiving proof, unit owners who requested documentation are receiving
useless excuses -- like the letter
from attorney Rubinstein from the law firm of Becker & Poliakoff P.A.
clearly shows. It becomes more and more obvious that such proof doesn't
exist -- and didn't exist at the time of Napolitano's candidacy!
the board and their attorney don't have the proof as necessary, they
should do the right thing: Remove
Napolitano and assign that seat on the Board of Directors to the next
candidate who received the most votes.
the long run, it doesn't help to have attorneys write letters full of
devious nonsense – at the expense of the same owners who ask for nothing
else but a simple proof!
Condo owners need solutions -- not sneaky snow jobs!
Declaration of Condominium XXVII
RIGHT OF ASSOCIATION TO APPROVE ANY TRANSFER OF APARTMENT: IN order to maintain a community of congenial residents who are financially responsible and thus protect the value of the APARTMENTS, the transfer of an APARTMENT by any owner other than the Declarer shall be subject to the following provisions as long as the CONDOMINIUM exists....
1) If the proposed transaction is a sale or lease, than within fifteen (15) days after receipt of such notice and information of the ASSOCIATION must either approve or disapprove the proposed transaction. If approved, the approval shall be stated in a certificate executed by the President and Secretary of the ASSOCIATION, which shall be recorded in the Public Records of Broward County, Florida, at the expense of the purchaser.