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!
|