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An Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.
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!
Unit
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
records available.
The
governing documents
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."
No such recording can be found in the public records -- or in the
official records of the Broward County Property Appraiser.
In
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.
Various
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?
If any real proof of ownership actually exists, this proof should be
produced -- and should have been made public long ago.
Instead
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!
If
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.
In
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!
Attorneys should work for the good of the association and its members, not
the special interests of a few board members with a special agenda! The
whole membership pays the legal fees, not just a few board members!
Condo
owners need solutions -- not sneaky snow jobs!
SCANNED
DOCUMENT
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Reply
To:
March
30, 2006
Direct dial: (954) 985-4119
[email protected]
BY
CERTIFIED MAIL 7103 5850 0230 0012 6935
RETURN
RECEIPT REQUESTED
Pat
Price
3900
Galt Ocean Drive, #306
Ft.
Lauderdale, FL 33308
Re:
Playa Del Mar Condominium Request to inspect Confidential
Records
Dear
Ms. Price:
Please
be advised this firm represents Playa Del Mar Association, Inc.
Your letter to the Association dated March 27, 2006 has
been forwarded to me for a reply.
You
have asked to inspect "any document the association has that
demonstrates that Mr. Edward A. Napolitano has proof of ownership
or a recorded deeded ownership in any unit at Playa del Mar."
Unfortunately,
this record is, not available for inspection by any unit owner,
pursuant to Florida Statutes, Section 718.111(12)(c)(2), which
provides:
Notwithstanding
the provision of this paragraph, the following records shall not
be accessible to unit owners:
2.
Information obtained by an association in connection with
the approval of
the lease, sale, or other transfer of a unit.
Based
on this statute, the Association cannot allow you to inspect the
record you requested because it was obtained in connection with
the transfer of a unit. The
law is very clear and does not make any exceptions for any type of
document whatsoever.
If
you have any other requests to inspect records, please direct them
to the Association.
Sincerely,
(Signature)
Robert
Rubinstein
For
the Finn
RR/bjs
cc:
Pat Price (also by regular mail) Playa Del Mar Association,
Inc. |
Membership,
Voting, Quorum, Proxies
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a) The
qualifications of members, manner of their admission to membership and
termination of such membership, and voting by members shall be as set
forth in Article IV of the Articles of Incorporation of the
Association...
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2.
The membership shall be established by the acquisition of fee title to
an APARTMENT in PLAYA del MAR CONDOMINIUM, or by acquisition of a fee
ownership interest therein, whether by conveyance, devise, judicial
decree or otherwise, and the membership of any party shall be
automatically terminated upon his being divested of all title to or
his entire fee ownership interest in any APARTMENT, except that
nothing herein contained shall be construed as terminating the
membership of any party who may own an apartment other than the one
from which he became divested.
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The Board
of Directors of the ASSOCIATION shall consist of seven (7) members.
The members of the Board of Directors shall be as provided from time
to time by the By-Laws of the Corporation. The members of the
Board of Directors shall be elected by the members of the Corporation
at the annual meeting of the Membership as provided by the By-Laws of
the Corporation and the Board of Directors shall be
members of the Corporation. (Amended
December 7, 1990, OR BOok 17972, PG 0180)
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.
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2 (d)
A certificate of the ASSOCIATION executed by its President and
Secretary and approving the purchaser shall be recorded in
the Public Records of Broward County, Florida, at the expense of the
purchaser.
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