Kenland Bend recall underway

Article Courtesy of Miami Herald

By Elaine Ayo/Homeowner Happenings
Posted September 25, 2005


Residents of Kenland Bend North are gathering signatures for a petition to recall the vice president of their property owners association after several turbulent months of fighting among board members.

The secretary resigned last weekend, leaving the board with four members and no majority.

''The only recourse of action is the recall, otherwise we're deadlocked,'' said Carletto Pardo, association president. "Every step is like swimming against the stream.''

The recall is an effort by a group of residents to restore order after accusations of financial irregularities and illegal meetings, and the hiring and firing of the 240-unit condominium's management company.

The petition requires 121 owner signatures from the condominium at Southwest 88th street and 123rd Court. So far, more than 100 signatures have been collected.

''If they want a recall, so be it,'' said Jorge Correa, association vice president, who said the association's finances are in ruin. "My responsibility is to be able to explain the financial position. If they're not happy with me asking, so be it. I'm embarrassed to say I have no idea of the status.''

On July 20, Correa and two other board members -- Benito Paredes and Carmen Moya -- met and fired the community's former management company, Bonafide Management Group. They also hired Property Management Services to take over maintenance for the community.

The meeting itself was determined to be illegal by a state investigator because there was neither proper notice to the community nor a proper agenda, Pardo said.

''The rule book says we need to post a meeting [with] 48 hours [notice] and we put it up three days before,'' Paredes countered.

"I have been here for 17 years. I know these things.''

The state's determination does not affect the decision to switch management companies, however, because the decision was made by a majority, Pardo said.

But their termination of the contract with Bonafide Management Group could cause problems for the association because the contract required written notice at least 30 days prior to July 31.

''They hadn't done the financial statements,'' Correa said as to why he supported firing the company. Property Management Services had worked for the community previously. Bonafide, which was hired in August of 2004, faced problems left over from previous boards and had trouble obtaining records from a third management company that handled the condominium's maintenance before Bonafide, said Pardo.

''There is no continuity, some new presidents come in and get rid of everything,'' Pardo said.

At the last official board meeting in August, the board agreed to seek legal advice on the management company switch. However, the board has not had an official meeting since due to the lack of a quorum.

''As soon as the recall takes effect, we'll have a functioning board,'' said Pardo. "I'm thinking we are at the pinnacle of it.''

Meanwhile, residents want to move on.

''Let's go forward,'' said Armando Martinez. "Most people feel the same way.''