Results of the AGM of 1/14/2012

[ADMIN.]

::)The original post here was deleted and new info below was put up:

Unofficial Minutes of the 1/14/12 AGM/BOD meetings now available:
Click on this direct link to see the unofficial minutes for the 1/14/12 meetings: tinyurl.com/66zdaor
At the same link you can view condo documents as far back as 2006.

Meeting Summary:
The voting totals for BOD candidates were:
Simmons, Barbara - 22
Troncale, Edee - 17
DiGiacomo, Len - 12
Sexton, Theo - 9
Clayton, Pamela - 2
Webber, Jaime - 1

19 units attended:
104 R Jones, 107 Holloway, 202 Hallaway, 207 Stoll, 503 Davis, 514 Vanderwerff, 604 Covington, 608 Morgan, 616 DiGiacomo, 703 White, 704 Perry, 708 Harris, 709 P Jones, 710 Covington, 712 Hooks, 801 Webber, 802 Simmons, 1401 Rowland, 1404 Sexton.

The dates for future BOD meetings were set at:
April 7, July 14, Oct. 13 and Jan. 12, 2013 - for the Annual General meeting with BOD meeting to follow.

The major areas covered at the meetings were:
Gate repairs, Individual Water Billing, Pool complaints, Knowlogy TV and Delinquency Foreclosures.

For those looking in from out of town additional 20 photos have been added to: nautiluscondo.blogspot.com/

New BOD Email addresses FYI:
Barbara Simmons (Owner #802) is BOD President
[e-mail]
Edee Troncale (Owner #102) is BOD VP
[e-mail]
Norman Knight, Developer Appointed, Secty/Treasurer
[e-mail]

My Comments:
You will note that the 2 candidates who put out information about themselves in a Candidate Information Sheet got the most votes and won, those 3 who chose not to this did not do so well.

As a historical note the most votes cast for anyone seeking office was tied by Mrs. Simmons at 22, and 63 votes were cast in total for the 2 openings, Jennifer Jones (#206) in the Dec 8, 2007 election also had 22 votes of 39 cast for only 1 opening.

To read the minutes of our AGM/BOD meetings from 2006 to 2011 click on: nautiluscondosrules.blogspot.com/2009/03/minutes-of-december-08-annual-general.html

Bill Harris
#708

[PJ]

We attended the meeting this past January and this was at the office and it was completely FULL, a couple of people ended up standing in a doorway and the kitchen area.

I think that this time we won't be able to fit all the people into the space available and I don't want to end up standing for a couple of hours while votes are opened and counted then we get to the meeting part of the meeting then probably there is going to be an organizational meeting of the new board.

This meeting comes around one time a year and I don't appreciate having 50 or so people shoe horned into that little space and if this happens you can be absolutely sure that I will have a heck of a lot to say about it at the meeting!

[ADMIN.]

Here are the six Owners who have registered to run for the two positions on the Board of Directors:

:)Theo Sexton, (1404)
:)Pamela Clayton, (716)
:)Barbara Simmons, (802)
:)Edee Troncale, (102)
:)Jamie Webber, (801)
???Len DiGiacomo, (616)

3 are 'new' owners and 3 are old owners.

[ADMIN.]

This is one of 2 handout items I will give out at the AGM Saturday, the original has a photo copy of the 7K check.
=======================================

Why is the Association giving me $7,000?
A. It's my birthday and they wanted to do something nice,
B. One of the alligators in the retention pond ate my cat,
C. The condo lawyer told them they didn't have a snowballs chance in Hell of winning the June 10 case,
D. None of the above

The correct answer is 'D', although 'C' is probably what any fly on the wall would have heard when the condo attorney had a final talk with the BOD about their chances at the June 10th 2011 trial.

=======================================

William Harris v. Waterstone Resort Realty and Nautilus Cove Condo Assn.
You might recall that last Jan 29th I was to take a seat on the Board of Directors. Only 2 Owners applied for the 2 available Owner seats, I was one of them, however At that point I was 2 ½ years into a civil suit against this same Board and I did not accept the position as I thought it might be a conflict of interest to be on the same Board that I was suing. So I declined the position and Mr. Rowland took the vacancy.

What about this $7,000? It represents reimbursement for my own costs of filing and the attorney fees accrued by me since June of 2008. You can add to this amount another $3,644 for the cost of the BOD's own lawyer, so the total amount of your association dues spent on this totally unnecessary suit is nearly $11,000.

It was without any question a suit that never needed to be filed, all the various BOD's from my initial complaints to them and Concord Management Ltd, from Aug. 2007 onward, had the opportunity to enforce the condo documents regarding the rental of condos here and none would do so. The complaints and subsequent suit were simply ignored by the Board. Even after the half of the suit naming Waterstone Resort Realty LLC was settled the BOD part dragged on for another unnecessary year.

The action started when Concord and our BOD ignored my 9 months of complaints about Waterstone Resort Realty LLC and their renting out 3 of their 4 condos (716, 714 and 712) to labor contractors to house imported foreign workers who were employeed by the Bay Point Mariotte Golf Resort. Initial letters warning of pending legal action were ignored by Concord Management and the Board and when it was clear that no actions would be taken by either party a civil action was filed and went on for 2 years and 363 days.

The matter ended two weeks before the Condo would have been required to appear in Bay County Court for a half day trial on the issues, a trial they hadn't a hope of winning, thus the settlement at the last minute. Florida law and our own condo regulations provide that suits against condo boards are 'loser pays all', (ie: you lose then you pay all expenses, you win the condo pays them). In this instance the condo settled before a half day trial that would have added another 5K to the total expenses. Why they did not settle a year ago when Waterstone did, well, that you might ask them, they were asked twice to work out a settlement and we got absolutely NO reply.

My thoughts are that since Waterstone bought 4 condos from the Developer, and I bought one, Waterstone might have purchased additional units, obviously I would not, thus it was to the Developers best interests to allow Waterstone to pretty much do what they wanted as to renting out their condos and never mind what our documents said about this. Initially the Developer had all 3 Board slots, later it was down to 2, so clearly the Developer could pretty much do what they wanted and of course Concord was, is and always will be in the hip pocket of the Developer and they were not about to enforce the condo documents against Waterstone.

One thing that you might note is that for a further year after I settled the case against Waterstone and 9 months after Waterstone had all their condos foreclosed on, and departed from Nautilus Cove, the Board was still in litigation on this matter and not even replying to my lawyers inquiries about a settlement.

So the matter was finally ‘settled’ and I was paid $7,000 for my expenses. I settled only after refusing to agree to any confidentiality (which is usual in these settlements) as I wanted to be able to inform all Owners here just how useless these Boards, Concord Management and our Association attorney have been.

Full Details on this case and all paperwork is available at: http://nautiluscovesuit2008.blogspot.com
nautiluscovesuit2008.blogspot.com