Board Elections At Playa Del Mar Condos

Bylaws clearly state: Board member must be an owner!

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

 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

  • 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...

ArticleIV

  • 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.

Article VIII

  • 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....

  • C.  Certificate of approval from ASSOCIATION is required. 

                 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.

  • 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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