Condo association avoids fine

The Village of Kings Creek Condominium Association has avoided being fined for misuse of funds, but the board must now hold a meeting to amend their bylaws.

Article Courtesy of Miami Herald

By YAHNILET COLON
Published October 1, 2006

The Village of Kings Creek Condominium Association will not be issued a monetary fine at this time, Department of Business and Professional Regulation spokeswoman Kristen Ploska said Monday.

The association faced a possible $5,000 fine after it was issued a warning letter by the department for misuse of association funds in late April.

''The response of the association was to notice a meeting to amend their bylaws so they would no longer be in violation by using the funds to oppose the rezoning. Thus, they are now in compliance,'' Ploska wrote in an e-mail to The Miami Herald.

The letter from the DBPR requested a written response from the board regarding the use of $10,000 in association funds to hire an outside attorney to contest Dadeland Breezes, a development project rejected by the County Commission last year.

Hiring an attorney was found to be a violation of Florida statues because it did not fall under operation and maintenance of association property and other common expenses, according to the warning letter.

Association President Astrid Buttari said she still believes the funds were used properly because Dadeland Breezes would have directly affected the entire community.

Now, however, ''we made it more explicit,'' she said.

The Village of Kings Creek is at approximately Southwest 82nd Street and 77th Avenue.

Buttari said meeting notices have been properly sent and posted for homeowners, informing them of the Oct. 5 meeting and its agenda, which includes two amendments to be voted on by the board.

According to the notice, the first amendment would allow ``the Association to expend up to $10,000 for the hiring of legal counsel and experts for the purpose of protecting the health, safety and property value or issues that may impact the quality of life of the Association such as development and/or zoning issues.''

A second amendment which would allow the association to conduct social events for residents, including an annual Thanksgiving party, is also mentioned in the notice.

Buttari said the second amendment is in response to complaints from some homeowners that the association uses funds in other inappropriate ways.

Homeowners had previously complained of the use of funds for clubhouse parties and personal expenses.

Buttari said up to $5,000 may be agreed upon by the majority of the board for community events.

News of the proposed amendments doens't sit well with some residents.

''Their arrogance shows in their decision to move along in this fashion,'' said Eric Collazo, a former board member.

Lance Paskewich, the homeowner who brought the issue to the DBPR's attention in February, said he is concerned the amendments may act as blank checks.

''[They're] setting a dangerous bylaw for future boards,'' he said.

Paskewich added that he hopes the board will realize the uncertainty present in voting for such a bylaw.

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