A Hostile, Illegal Takeover -- Continued

An Opinion By Jean Veasey

Published September 6, 2016

Where will I begin, where will I end and what will I put in the middle?

The prerequisite for reading this article is to read my article, “A Hostile Illegal Takeover,” published by Jan Bergemann in CCFJ’s online newsletter on August 27, 2013. Another prerequisite article to read is “This is a Condo Bust, not a Drug Bust” archived in March 2007.

    

We have not been allowed to have a front office clerk, a bookkeeper or in-house rental program going on six years. One CAM works 8:00 – 5:00 or less, five days a week, never on the weekends. We have two maintenance men.


       

At the end of “A Hostile, Illegal Takeover,” I wrote: It would take a book to cover what has happened at the Fontainebleau Terrace over the years and who knows, maybe I will write a book called ‘In My Opinion.” I am sure there are other unit owners all over Florida who could write a similar book and who live in a worse situation, but thank goodness, we all can express our own opinions.

     

Since I wrote the article in 2013, some things have changed. Now, I do not believe other condo and co-op dwellers have it worse than Fontainebleau Terrace owners. I believe most of us are all in the same boat and sinking fast.

   

In the beginning of 2014, Suite Hospitality was finally fired and Count Oakes Resort Management Co. was hired. As unbelievable as it was to some owners, Andy Phillips, President of the company beat off another $300,000 of spalding and concrete exposing rebar to salt water and air. Andy Phillips’ “criminal destruction” on the east side went all the way to the roof and included damage all over the east side and south side. Roxanne Turnipseed was CAM. I have been told over and over there is no “criminal destruction” law in Florida. Well, is it not time to introduce and pass one?

      

Andy Phillips, on his brag list, stated the elevator had been replaced. Not true, but the President J.W. just mentioned a new, “good” one will cost owners $300,000. That’s after about 90 owners lost their units had paid $1.7M to BECI, C. Sharpe and CFE companies to patch the Fontainebleau Terrace. Now, the first payment on the illegal mortgage obtained to help pay for repairs through Ameris Bank is due in September.

Fire stairs are made out of the wrong material and will not hold up in a salt water environment. A board member and the consultant told the CAM and President and they will not call the company back to replace the stairs. The current CAM said she was not there at that time. I keep telling her we are supposed to have seven years of records.


       

Copied from Andy Phillips’ list:

Maintenance spent several weeks roping off areas of the property and ‘knocking off’ loose concrete, as directed by the board.

Three vehicle damage claims from falling concrete cost $1,641.56. Did that warrant knocking off $600,000 in spalding, concrete and rebar? I do not think so.

     

                              Northeast Side                                                                    South Side

                                                    Concrete beaten off by Count Oakes Company


  

The following is an excerpt from a letter to the Board from Dan Smith, our consultant, dated September 21, 2014 (All Board members did not read this letter):

 

I will attempt to keep this as brief as possible. When I proposed to manage/inspect your project on September 3, 2014, I had envisioned a concrete restoration project that was typical. This, indeed, is not the case. I have now had the pleasure of meeting with the Board of Directors on September 10, 2014 and more clearly understand your situation. I have had the chance to inspect your building with Jimmy Boswell of the C. Sharpe Co. and also examine the bid documents produced by another engineering firm. The task has been taken to see what is needed to get the building into safe, structurally secure shape. I could not in good faith manage the previous package and I found it both very confusing and one that failed to focus your resources on the most pressing matters in logical fashion that allows you to have some beneficial use of the structure in the peak occupancy period of 2015.

                                                                                                                              Dan Smith

 

By the way, this would have cost at least another $1,279,207.00. It was a scam, but true. The Fontainebleau Terrace is a 124-unit co-op.

      

President J.W. has threatened to pull up the almost Olympic size indoor pool and put in a smaller one, tear the pool building walls down or take the top off so people can sit in the sun and threaten anything that will worry owners.

   

President J.W. also wrote that he would talk to his lawyer and he might be owning two more units at the Fontainebleau Terrace and some property in Georgia (mine). Next he wrote that he hoped I would upgrade my units so he wouldn’t have to upgrade them much when he took them. He also wrote something I will not print here – only a condo or co-op dweller knows what owners go through and others do not care.

    

From the Secretary of State:

The Legislature did not provide an office to handle HOA matters. You must contact your local State Attorney’s office for assistance or to settle dispute in an HOA.

Evidently, the Bay County State Attorney never got that message. He will not even talk to owners.

East Side

Concrete beaten off by Count Oakes Company all the way up to the roof.


Much Needed HOA Reform

Letter by Barbara Stage, Esquire --

The industry not only needs more regulation, but more affordable legal representation. Let’s give the DBPR jurisdiction to arbitrate assessment disputes. This is the biggest source of abuse. Arbitration is less expensive for the homeowner and the threat of arbitration might help temper the abuse. Regulation of homeowners’ associations is also needed to help curtail the abuse of out of control board members.

   

I disagree with you, Ms. Stage. A department that will wait from July 2006 to April 1, 2010 to rule on someone operating without a CAM license after he had hurriedly resigned in February of 2010 is not doing its job. Also, if the DBPR rules in favor of owners, it is always if the board members do it again in two years they might be fined – so, in two years they do it again and it starts all over. Believe it or not, operating without a CAM license is a criminal offense and beating off thousands of dollars in spalding and concrete of a building is not.

 

I plan to send a complaint to someone other than the Panama City Beach, Bay County legal services. They have had their chance and have never admitted that $600,000 of spalding, concrete and rebar was beat off of the Fontainebleau and still refer to it as reconstruction instead of repair.

East Side

Concrete beaten off by Count Oakes Company


This is my opinion and I welcome yours.

Jean Veasey


This Co-Op has a long history of outrageous events. See:

A Hostile, Illegal Takeover -- Part I

THIS IS A CONDO BUST -- NOT A DRUG BUST!

CONDO ARTICLES HOME NEWS PAGE