*** NEWUPDATE. COMING SOON. Who is Really in Control of the ACSA?***
MORE TO COME– THE POOL CONTRACTOR CONTINUES WITH ITS EMPTY PROMISES, AND THE ACSA CONTINUES ITS APATHETIC RESPONSE, AS PERMITS STILL DO NOT EXIST AT BREVARD COUNTY FOR THE POOL RENOVATION.
POOL RESIDENTS NEED THEIR OWN OVERSIGHT COMMITTEETO DEMAND ANSWERS FROM THE ACSA. HAS ANYONE AMONG YOU HAD ENOUGH?
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The Lakeside Pool Under the Pool Residents’ Control for the past 30 YearsBefore ACSA ‘s Taking, Control, and Unnecessary Destructionof Its Pool.
However, a pause for faith, peace, and family. Have an enjoyableHoliday Season.
OR
AND LET’S TAKE A VOTE TO SPEND OVER A LIMIT OR NOT
As we know, an HOA is a political stage where those that have assembled a like kind group of followers, will seize this stage for their theatrics, and control an HOA community, as we have seen here in Aquarina. What follows is that many times the typical selfish results of the theatrics will disclose an underlying existence of a compliance and complacency, which further feeds the selfish theatrics.
Two recent incidents of these theatrics were the total renovation of The Brassie Grille, and the total renovation of the Lakeside Pool, which were both thrust upon the Aquarina Residents without a community discussion of both need or cost. If our Bylaws or our Amendments had a threshold amount of spending, where a proposed spending amount could be limited at a threshold line, then a vote could be triggered to allow a higher amount of spending or deny the higher amount of spending.
Apparently, it appears that our Bylaws and existing Amendments do not currently provide such a control mechanism on spending. The ACSA Board obviously knows this flaw, and rather than providing a prudent mechanism for stifling this abuse, it ignores this process of spending control, since it would not enhance its selfish and condescending actions with the Residents. The tragedy in all this becomes more apparent when the ACSA Board uses this flaw in our documents for indulgence to serve a few or the cabal. The renovated restaurant, at a cost of $1M plus, was fine as a comfort food sports bar, as it was intended to be. And the Lakeside Pool’s noted deficiencies, which were mostly untruths, could have been fixed per code within a month at a third of the now cost agreed to by the ACSA. In addition, the ACSA agreed to a three year period for the renovation to its paid up front contractor, to complete this unneeded renovation. These exorbitant costs, in a bullying manner, were foisted on the Residents. The Lakeside Pool’s three neighborhoods were especially bullied and abused, since they voted with a majority vote for a contractor plan of a cost effective one month repair. Further, even though these three neighborhoods have exclusive use of the pool, have total liability for the pool, and have all the maintenance and its costs for the pool, their input was stifled and ignored, and those few Residents, who protested, were banished from any pool discussions, in favor of ACSA selected Residents, who were both compliant and complacent following the ACSA Board’s and its spokesperson, from the management company, demands to this crafted Resident Pool Committee.
The restaurant renovation, in addition to the enormous cost, was certainly a stage for the cabal group’s theatrics, where a prudent restaurant business model could not be established, as turnover after turnover of employees and managers have occurred. The Residents have been paying for the restaurant and its amateur management, i.e. as overseen by the cabal perpetrators. The solution here is to search for a professional restaurant or food service business to occupy, through a commercial lease, to generate some income to pay for this now unnecessary asset for which we now have to continually pay.
This Blog’s appeal for a Bylaws’ change for spending through amendments is provided in the Bylaws for an amendment process to occur, and having a limit or threshold amount to spend followed by a Resident vote for or against an amount over the threshold can be considered a sensible change to the Bylaws. It would provide a structure that would prevent a Board, for which we have been currently subject, to perform reckless discretionary spending without Resident input. This discretionary spending, for what the Bylaws describe as Betterments, again exemplified by the restaurant and pool renovations, could be put to a Resident vote to determine if a requested exceeded cost amount is acceptable or not. Further, this amendment(s) would enforce the fiduciary responsibility that the Board members pledged with their oath to the community per Florida Statutes.
When elections come up again for Board Directors, hopefully, candidates for directors will emerge that support this change to the Bylaws, which will certainly provide a check and balance system to curb this exorbitant discretionary spending. Other communities have this system, and Aquarina should have it too, especially with the reckless and bullying behavior that the Aquarina Residents have experienced with the current Board majority’s free-wheeling spending.
Discretionary decisions in favor of spending on Betterments needs to be overseen when a Board of Directors’ focus appears to be feeding its cabal of followers with selfish perks. Having a Spending Limit process in our Bylaws would function as a legal overseer of possible irresponsible Board decisions with spending, and other non-fiduciary actions.
An example of the Board’s lack of focus with community priorities, and its blindness to its, by Florida Statute, fiduciary responsibilities, has been clearly demonstrated with the Beach Club lift, i.e. elevator, and the beach access ramping. Both these projects, which should have been driven and recognized by handicap demand, were put off and ignored for years, with the ramp access nearly losing its permit for construction because of Board apathy. The renovated restaurant and Lakeside Pool were the Betterment priorities while handicap matters became an afterthought. BTW – is the lift operational? We are constantly emailed about more entertaining events and restaurant menus, which appear to be the Board’s focus, through its in-house and social organizer arm, AGI (Aquarina Golf, Inc.).
The Residents have the means to control the direction of its community, and its Board’s spending. A limit for spending with discretionary costs would make sense by providing the Residents a voice and control of unnecessary and unneeded spending, yet it’s never been broached to the Aquarina community. Why?
*** 10/07/2025 UPDATE BELOW, WHICH FOLLOWS THIS CURRENT POST ***
Aquarina Golf, Inc. aka AGI, has been managing Aquarina’s amenities now for several years. It’s basically a group of Resident volunteers and an elected, and in some cases appointed, ACSA Board of Directors, all who have their hands in the pot of the Residents’ funds to feed these amenities to keep them going. The amenities include, but are not limited to, the golf course, the tennis facility, the restaurant, the clubhouses, the Lakeside Pool (a whole story in itself) and the administration building.
Each one of these amenities certainly requires a skillset to run and to maintain in a successful manner. However, politics and egos are certainly possible to occur where human nature may tempt to overcome these Resident Volunteers, where there are control factors and free spending available to use, as temptations.
I am sure there is a dollop of giving to the community with the actions of these Resident volunteers; however, the control of the above amenities and the free spending available to these volunteers, which can be a narcotic, and, again, because of the frailty of human nature, it appears that AGI will not give up its hold on these amenities, in spite of continued loses.
The three amenities that are the consistent drain of the Resident funds are the golf course, the restaurant, and to a lesser degree the tennis complex. The Resident volunteers who oversee these three amenities are avid supporters and participants of these amenities, and they surely want to keep them going in a manner that maintains their participation. All of Aquarina’s amenities are generally considered common property for all the Residents, and the ACSA, through its AGI machine, oversees and controls the amenities existence, which, again, are common properties to the community. The result of this AGI controlling approach has been yearly losses for these three alleged revenue producing amenities. There never seems to be consternation or regret for the losses, since the Residents’ funds subsidize any losses that occur, which appear continually.
Here is a snapshot review of the history that these amenities have seen.
The original Aquarina Restaurant, Brassie Grille, which was turned into a now Tavern by the Greens, at a cost rising above $1,000,000, and climbing, has been a mystery. An established restaurant in the area was going to occupy the now renovated restaurant, but this never occurred. Another local restaurant has been running the now Tavern by the Greens. It would be expected that a lease would be in place for the occupying restaurant, where the Residents could collect lease payments and not be in the fragile restaurant business. However, this is not the case, AGI appears to have partnered with this local restaurant. The Residents don’t know if there is a lease in place, and there is no P&L statement available on the restaurant’s performance. The Resident volunteers and AGI are in control.
The golf course could be the main revenue generator for the Residents, after all, there are apparent ongoing payments on the loan for the purchase of the golf course from almost two decades ago, in addition to the everyday expenses. AGI has been the group that oversees the golf course, just as it does the restaurant and tennis facility, with the golf course obviously being the big expense and hopeful revenue driver. Like the other two amenities, the golf course has been hard pressed to run in the black, unless, of course, you factor in the Resident subsidies. Just recently, the ACSA Board and AGI have proposed another approach to pay for the course, i.e. stating that the Residents’ quarterly fees will be subject to increases to pay for the course, and everyone can play for an undetermined trail and green fee. Apparently, there will be no more Resident golf memberships. Although, golf memberships will be offered to the public. It would have been helpful during this proposal if a Profit and Loss Statement (year to date and without Resident subsidies) was presented to the Residents to determine golf course costs and revenues. The Residents would then see what could occur with quarterly maintenance fees. Do you think the fees would be subject to subsidizing the golf course losses?
The irony here is that the Residents have already been paying for all three amenities, now it’s just spelled out identifying a line-item expense for the Quarterly Fees to cover and pay. This will then be a clear disclosed expense that certainly will not be a fixed amount expense like a mortgage payment. Trust me, this expense will be fluid and rising. From being in the restaurant business, the Residents now continue to be in the golf business, but with a different and defined cost and payment schedule, but still a subsidy.
The tennis facility is no where near the restaurant and golf expenses, and historically, not been a huge financial concern, i.e. less moving parts, less employees, and maybe less drama.
There is another path to explore other than volunteerism, where volunteerism and its susceptibility with human nature result in having amateurs and egos being responsible for the AGI businesses with apparently no professional experience. The simple answer to this “another path” is to hire a professional management company to run the golf course, and have an established restaurant or restaurateur lease the renovated building. The leasing of the restaurant almost worked, but somehow did not materialize. It should have been further pursued, but was not. The current Tavern by the Greens still has AGI involved, as an apparent partner.
Unfortunately, having an independent third party, that, of course, would be chosen by the ACSA Board may be a plan of action that the current ACSA Board and AGI do not see in their best interest, since their power and control would be diminished. Contractual arrangements certainly could be agreed upon where the third-party independent business and the ACSA Board could work out a mutual agreement where both entities are satisfied. However, isn’t the purpose here to serve all the Residents in the best manner, and do it in a cost-effective approach, with professionals in their field taking on the financial risk, and not the Residents?
Consider this – The Residents, among others, are AGI’s customers. AGI is run by a cabal of Residents and, yes, who are also customers. Is this a business arrangement with an arm’s length relationship between the cabal Resident/customers and AGI businesses? Hmm. The same can be said about the restaurant. Would an independent, third-party arrangement, from which Aquarina can be paid, i.e. lease payments and percentage of a golf management’s profits be a better way for these two amenities to be funded than what we have now with the AGI in control?
What is apparent is that not having an arm’s length business relationship, which will always be a questionable condition, exists with the current AGI arrangement. The history for AGI has been consistent losses, with Resident subsidies to offset or minimize these losses, and minimal AGI financial disclosure and transparency.
On a constructive and positive note, the maintenance of the golf course appears to be consistent and in acceptable condition, and the ongoing golf newsletter is informative and has an entertaining presentation. However, the marketing for the golf course and the pro shop, which typically work together, to engage the public, appears to need overall professional help, which is available, since many golf course management companies exist in Florida. A discussion is required to at least determine how a management company would advise the current AGI management in which direction to proceed, either absorption of the current staff or have the management company come in with its own staff. Regardless, a change is needed to generate more revenue to lower the Residents’ subsidies by fostering an arm’s length environment with an outside marketing management team. The current AGI volunteers are too much influenced by a social club atmosphere, where human nature of a good time prevails, and the focus of maintaining a revenue generating golf course can easily be lost. The golf course is a wonderful asset and amenity that Aquarina has, and it should be utilized with professional oversight to maximize its potential as a revenue generator for the whole community. The Aquarina Bylaws permit public assess and business zoning for the golf course. Let’s maximize the golf course as a source of community funds rather than having it as a subsidized social club for a few, i.e. “Club AGI”.
Finally, the restaurant matter also needs a new approach. The restaurant was foisted on the backs of the Residents without a vote resulting in a $1M plus expenditure. It’s initial path after construction was to have, which was thought, an established food service business to take over the restaurant, which eventually fizzled. A second food service business was found, and a bumpy road appears to have occurred on that decision too, and “Club AGI” stepped in to partnership with this second “Tenant”. I say “Tenant” because do we know if this $1M new Aquarina asset is being leased by the “Tenant”? Is there a lease? If so, then what is the lease payments to the Residents? This $1M asset should be placed on the commercial market as a new restaurant for lease. A commercial Realtor should be contacted to secure an established food service business or a restaurant professional. Again, is having “Club AGI” partner with the current “Tenant” foster an arm’s length business relationship, where generating revenue for the Residents and reducing Resident subsidies are to be the goal? Hmm.
Well, it has occurred again, yet another AGI restaurant collapse, as Tavern by the Greens is gone, and a new “partnership” has been established with an apparent ongoing restaurant in the Grant area of Brevard. As expected, AGI continues with its hand in the pot of the Aquarina Residents’ revenues by locating a “partner” to control rather than an independent and arm’s length restaurant owner, who would have the confidence and know-how to run his/her own business, and pay on a lease. As has been previously stated above in this Blog, AGI will not release and give up its control, and ability to spend the Residents funds, which satisfies its selfish nature to keep “Club AGI” running.
AGI’s back pedaling continued, as the proposal to do away with Resident Golf Memberships, and have the Golf Course paid by all the Residents, as a new line item on the Residents’ quarterly maintenance fees, also appeared to collapse. Paid Memberships have returned to those who want to join the Golf Club.
How long will this continued fumbling, and iron fist control by AGI be accepted by the Aquarina Residents? Which has not even been mentioned here is the strong armed tactics performed by the ACSA, AGI’s sponsor, on the three Lakeside Pool Neighborhoods, where the pool was taken away, where an ACSA decision for an unwanted and unneeded renovation was decided, and where the Pool’s extravagant cost was also ACSA decided upon, all without the Pool Residents’ input. These Pool Residents pay for all Pool costs, have total Pool responsibility, and have total Pool liability.
Finally for now, it appears that payment for Aquarina’s amenities’ use costs must be cash or having a credit/debit card on file with AGI. Further, Marching Orders appear to exist on how restaurant reservations are made, and how seating exists. Again, all these control procedures are sourced through “Club AGI” and it’s sponsor, the ACSA.
Aquarina really needs professional management for its golf course, and an established restaurant lease paying tenant for its $1M plus renovated sports bar.
IS AGI (AQUARINAGOLF INC) THE ONLY WAY TO MANAGE OUR AMENITIES?
OUR CURRENT SITUATION
As has been explained in this Blog, the State of Florida’s legislature has recognized an HOA’s potential power over its Residents with the extreme latitude the HOA Directors can exercise with its community’s By-Laws. More transparency and access to the HOA’s records were cited by the legislatures to be more enforced, and failure to adhere to the transparency and accessibility to HOA records can result in misdemeanors and felonies for the non-compliant HOA Directors.
There are two issues to address. They are 1) The vetting process for Director Candidates needs to be more than a social gathering to “Meet the Candidates”. What would be better for an understanding of a potential Candidate’s character and beliefs than direct questions from an audience on such a question as “Do you believe the Residents should have a discussion and vote for expenditures that cost 100’s of thousands of dollars, e.g. an over $1,000,000 restaurant renovation, and an unnecessary closing of the Lakeside Pool for going on and approaching three years, and an unneeded pool renovation that will probably approach $400,000?
And 2) The current Aquarina By-Laws do not address discretionary unlimited spending, where spending up to a price point needs to be discussed where spending over the price point requires a Resident vote. What we have now is unlimited spending and discretionary placement of the Resident Funds. These funds can be spent on “Betterments” (community discretionary improvements, e.g. the expanded and renovated once Brassie Grille) or placed in the Reserves Account for expected repairs and replacement of community assets. Guess what gets funded first.
Further, if the AGI has shareholders, as apparently it does, then please explain this business arrangement that the AGI has with its shareholders and the Residents. Remember, AGI shortfalls with paying expenses, have fallen on the Residents funds, or if this is not so, than does the payments for the shortfalls come from the shareholders? This arrangement needs to be disclosed. Show us the arrangement documents. Show us the full tax returns, and where the Residents’ funds appear.
The current Aquarina HOA reality does not provide for Resident discussions and voting on high-cost items, and no Director Candidate Meetings with queries to those running as Candidates to determine their positions on community matters. Further, we have an HOA Board of Directors that solely decides how much will be spent from the Residents’ Funds, and what items will be these expenditures.
We have had a few elected Board Directors that were hoped to bring a change to the past and present HOA Board policies; however, those Directors served and left, and probably determined that a cabal majority existed, where their voice was not heard or they were voted down. What followed in the recent last Directors’ Election, three Director positions were available where Director Candidates could have run; however, no Candidates emerged. This was a windfall for the then present Board, where one Director ran unopposed, and the other two positions were filled by Board appointment. What a better way to solidify the current Board’s majority, with a complacent and compliant Resident response where no other voices were heard.
On another matter, real estate in Brevard County has taken a pause in activity, where just a year or so ago there existed a near frensy of buying and selling activity with rising prices not seen for some time. Buying and selling activity still exists, but at a more restrained pace. Yet other conditions unexpectedly evolved to add further brakes to the buying and selling, as explained below.
Aquarina has not escaped from this changing real estate activity, where condominiums and townhouses make up most of the buying and selling, and represent the majority of available housing in the community. It is these two sectors that have been impacted the most with our changed market. Unfortunately, these two sectors have been burdened with new Florida State required funding laws, i.e. assessments for accelerating and rising insurance costs, and further assessments for new roofs, and reserves. These recent and unexpected costs are in addition to the Aquarina maintenance fees, and have virtually grinded Aquarina to a near halt with selling and buying. As maybe a consolation, Aquarina is not alone with these crushing circumstances. All of Brevard County is also under siege with its condominium and townhouse inventory.
Because of all this unforeseen increase of ongoing expenses, why would an HOA Board of Directors, foist further financial burdens on its Residents? These were burdens of pure discretionary indulgence that were placed on the Residents without interactive discussion or a majority vote; actually, no voting existed. Why? The cabal majority on the current Board has had no forceful resistance to its ways, revels in this situation, and is fed and encouraged to flourish with the current Residents’ compliance and complacency.
CAN AN ALTERNATIVE PATH BE CREATED TO STIFLE WHAT’S BEFORE US?
This situation of Resident bullying occurred in the past years when Aquarina was held hostage by a rogue new owner, who bought the development from the Germans.
A patriot Resident established and drove a movement under the auspices named the Aquarina Residents’ Association (ARA). Some of you reading this Blog may remember that group, which provided an organized voice to interact with the then bullying rogue owner. This owner eventually went bankrupt as a result of his irresponsible actions, and an HOA was established and took over the Aquarina development.
Before the rogue owner’s demise, the ARA offered a unified unit to address the owner’s actions when the Residents felt they were impacted in a possibly negative way. The ARA had Resident meetings to discuss the community and how any owner plans may impact the Residents. The ARA had, in addition to concerned Residents, spokespeople who would request to meet with the rogue owner to discuss concerns. The ARA’s political base and voice demanded to be heard, and it was.
May the current Residents of Aquarina have an interest to be heard in an organized manner to address the current Board of Directors, rather than have individuals, one at a time, stand up for three minutes, and be stifled if their point of view that was contrary to the Board of Directors? I have seen where Directors perp-walked Residents back to their seats to not be heard.
This is all politics. The Board of Directors have had a majority hold on Aquarina now for several years. They’re well established and organized, and as a result, they have marched forward without any strong resistance to do exactly as they pleased. There have been a few Residents, including this Blog writer, who have spoken out; however, fractured individual announced concerns rather than a unified group of concerns are not apparently effective to cause change. In politics, numbers are important to exert any change.
The historic Aquarina Residents’ Association was a catalyst that united like voices to be heard. It was built with like minded Residents, who together made a force with which to be reckoned. The Lakeside Pool fiasco is a current example, and fertile ground, where an effort should be raised among the Pool Neighborhoods, as a unified voice, to rein in the Board of Directors with their ongoing bungling of a Pool Area renovation.
A seed has been planted. Are we in need and ready to resurrect the ARA, where civil and honest discussions can occur, and where Residents’ concerns can be deliberated with the Board of Directors?
Let’s review what has led up to the current road of replacing the Lakeside Pool (LSP) Bathhouse. We had a presentation of propaganda, misrepresentation, and an alarmist outcry that the Bathhouse was near collapse and the Pool was sinking, which we were told would certainly require, what was a surprising, by unprofessional and layman shills, a decision to demolish the Pool Area. This negative mantra emerged from the second of the now three LSP Committees. The second LSP Committee was ACSA created from selected individuals, who were not committed advocates of our standing Pool Area. As a result of this second LSP Committee’s Pool Area oversight, there was limited transparency and communication, and a closed down Pool Area, for now more than a year. The selected ACSA Shills had taken control of the Pool Area from the Pool Residents, who managed the Pool Area successfully for over 30 years without any harmful incident. This was a pure power play by the ACSA.
The demolition decision, as stated, came from unlicensed and non-professional individuals. However, what we do have are two engineering reports from licensed professionals that determined that the Pool was not sinking and that the Bathhouse could be repairable. To further explain the bathhouse matter, it was suggested that repairs were feasible, but to bring the Bathhouse up to current County Codes would, in addition to the repairs, may not be cost effective to do when compared to replacing the Bathhouse. However, another approach could be more cost and time effective, as determined by a licensed building contractor, who ACSA ignored.The contractor had decades of local experience, and had read the engineering report, and came on site to inspect the Pool Area, stating he could repair and restore the Bathhouse rather than demolishing and replacing it, all to county specifications.
Again, this licensed building contractor provided an opinion, after reading the bathhouse engineering report and seeing the Bathhouse, that the Bathhouse could be repaired for safe use, including some paver repairs, within a two-week period, which would have the Pool Area in a position to be opened. The roof could be professionally tarped until a roofing contractor could replace the damaged roof. The question becomes, does it make sense to demolish a building that could be remedied for use within two weeks? Further, a cost analysis between repair and restore, and demolition, was never apparently considered since the Pool Residents never saw an analysis or were told of one. The ACSA jumped into a replacement Bathhouse mode without a discussion with the Pool Residents, who will be paying for this rushed and careless decision.
It also should be considered that the vision of Aquarina began with its construction in the mid 1980’s. This Bathhouse along with Aquarina’s first three neighborhoods, i.e. Tidewater, Egret Trace, and Blue Heron, emerged as top scale architectural and constructed buildings, with the best and most modern materials, to set a tone for what Aquarina would represent, a timeless designed community for those who wanted the best. To this day these neighborhoods and its Bathhouse still stand out as, not outdated, but classic and contemporary as ever. The Bathhouse was designed and built to blend and stand within the pastoral and peaceful setting among the oak trees and pond in this Pool Area. Replacing the Bathhouse with a boxed concrete block building with a metal roof will appear institutional, and be a blot on the setting we now have to enjoy. In addition, the proposed replacement will be about one half the size of the current one. I have never seen a 1980’s building demolished unless it was uninhabitable because of significant existing destruction, or it had to be moved. The basic structure of the Bathhouse is intact. The needed repairs are a new roof and reworked support beams for the paver overhang area. Toilets and sinks could be replaced. This type of repair and restoration would not trigger County Codes for other upgrade replacements and additions, since the building will be in a repair state and remain intact. Further, no work has begun on the Bathhouse, it’s in same condition it was when it was closed. Any costs to this date are for paperwork. There is NO excuse that it would be too late to decide on a Repair and Restore.
Any demolition will have consequences other than the removal of the bathhouse. A demolition event is not self-contained, especially for a building that is nestled and affixed into a pastoral and pool setting. There is perimeter collateral damage to consider for additional repair and replacement items from the demolition equipment and the removal process for the debris.
A repair and restore process for the Bathhouse eliminates this destructive consequence. Does it make any sense that a 1985 building that could be repaired for County approved use within a two-week period be demolished? Further, $8,000 of refurbished Pool furniture has been stored in the bathhouse to secure it during the past hurricane season by the second Pool Committee that wanted to demolish the whole Pool Area. The irony of it all. None of this Committee’s actions makes any sense. Yet it appears that the now third Pool Committee may be following this unreasonable and expensive path. BTW – we’re still waiting for a report from this Committee on the announcement of their second meeting. All Pool matters are being “slow walked”, while the Pool Residents wait. Where’s the Soil Report for which we paid? Communication has improved; however, the ACSA powers forward with its demolition decision.
To say again , this Bathhouse was constructed at the time of the original construction of the three neighborhoods that are still striving In Aquarina, i.e. Tidewater, Egret Trace, and Blue Heron. The bathhouse was built with the same focus that the German developer used on these three neighborhoods’ classic and timeless design, upgraded materials, and precision construction to set a tone for Aquarina Community.
It appears that a First Service Residential employee, whom we pay, and a non-Resident, is directing the Pool matter. The released information from the employee on what is occurring with the Pool Area remediation is limited, contrived, and in some cases withheld. Why? The ACSA should be working hand in hand with the Pool Residents with complete transparency and co-operation. Unfortunately, this is not happening, while the Pool Area sits abandoned. The ACSA has provided no data or information with its unreasonable actions with the Pool Area, other than questionable and limited information from what can be considered shill behavior from its spokespersons. Recent Pool Area actions have been bungled with errors and slow action when dealing with County for permitting.
Let’s look at these points of action with the Bathhouse.
All licensed and professional evaluations, i.e. an engineering report, a soil study, and a building contractor evaluation did not recommend demolishing of any of the Pool Area. It was suggested that if the bathhouse was to be upgraded to current County Codes, that a replacement may be more cost effective; however, a repair and restore of the current Bathhouse was considered a feasible choice, especially when the cost should be lower for repair and restore rather than replacement, which would avoid any required upgrades a new building would require. The choice existed to repair the Bath House for county approval, which the Pool Residents agreed as their choice., by a majority email vote. The ACSA ignored this choice, and would not explain why. It continued, without explanation, bulldozing through the Residents’ wishes.
Any announcement that the Pool Area needed to be demolished was from unlicensed and non-professional laymen, where a propagandized and theatrical display of contrived information and misinformation was displayed to a shocked and puzzled audience of Pool Residents. The shills were at work. Further irony, these resident shills are all gone from Aquarina. They all sold and left.
A cost-effective approach should be the path for a Pool Area repair and restoration, which would be to replace the roof and replace the support beams for the paver overhang, and change out the toilets and sinks of the Bathhouse, and address the few settled pavers that surround the Pool. BTW – the Pool gutter has been mentioned for repair. It needs explaining, since the assumption was that the slight unlevel nature was from Pool settling, which apparently is not the case, and the explanation of the true cause was ignored, and the settling report was withheld from the Residents.
Demolishing the Bathhouse, hauling the debris away, and going through a replacement building, which is at least a six-month process, as we’re witnessing now with the “slow walked” Pool matter, is absolutely not cost-effective nor time-effective for the Pool to be opened sooner.
No general costs estimates have been disclosed to the Pool Residents for a repair and restore approach as apposed to a replacement. However, work has been ordered for a Bathhouse replacement with no explanation, and no sharing of these costs. Isn’t great when you can spend someone else’s money without discussion or recourse? The ACSA did it with The Brassie Grille, and it’s doing it with the Pool Area.
Misinformation was provided that the Bathhouse was condemned, which discouraged a LSP Committee suggestion to temporarily open the Pool Area while the ongoing Bathhouse replacement process passes. A two-week remediation period before a re-opening resulted in being squashed before it could be reviewed and considered because of this misinformation. Yet, $8,000of pool furniture was stored in the Bathhouse, and committee members were allowed there to do clean up.
It appears that a First Service Residential employee, whom we pay, and a non-Resident, is directing the Pool matter. The released information from the employee on what is occurring with the Pool Area remediation is limited, contrived, and in some cases withheld. Why? The ACSA should be working hand in hand with the Pool Residents with complete transparency and co-operation. Unfortunately, this is not happening, while the Pool Area sits abandoned. The ACSA has provided no data or information with its unreasonable actions with the Pool Area, other than questionable and limited information from what can be considered shill behavior from its spokespersons.
The current path of an extended period for replacement of the Bathhouse makes no sense, and it cannot be defended with reasonable facts. The reasonable facts call for a repair and restoring of the Bathhouse and the tuning up of some pavers, which all could be done in a few weeks. The Pool Residents are being held hostage with their Pool by an ACSA Board, which is obviously more interested in flexing its power and control, instead of its fiduciary responsibility to its Residents.
The current and third LSP Committee would be more effective for the Pool Residents if it was more proactive by asking questions and wanting explanations during these occasional held meetings, one meeting so far. One person, not being a committee member, should not be directing these meetings. The meetings should be dialogue of discussions among all the members, after all, two Chair positions were voted into place to lead the committee. Further, any decisions with the Pool matters, especially cost decisions, should be presented to the Pool Residents at an open meeting, since they’re using, are responsible, and paying the for the Pool Area.
Remember, the three Pool Neighborhoods, who took care of the Pool Area for nearly 30 years, and, per recorded documents, have exclusive use, and were 100% responsible for costs and maintenance. The ACSA had no interest in the Pool Area for those 30 years, other than assisting in the mechanics for the Pool assessments.
Out of no-where, the ACSA came in with an attack on the Pool Residents, with support from some ACSA appointed Resident shills, claiming, which were misrepresentations of negligence and a false presentation of the Bath House condition, on how the Pool Residents failed in taking care of the Pool Area. What followed was the ACSA summarily removing Pool Committee Members who countered these falsehoods and the shills’ misrepresentations. The ACSA formed its own Pool Committee with its selected shills and followers.
BREAKING UPDATE
There has been one announced LSP Committee Meeting, an orientation meeting. However, just released to the Pool Residents was an announcement of decisions for Pool work to be done, e.g. Pool paver, gutter, and back-fill work, and a request for building contractors’ proposals. When was an LSP Committee Meeting announced to present these work decisions to the Pool Residents for explanation and discussion?
What appears is a pretend Pool Committees for optics, while behind the scenes decisions are made for the Pool Residents, who have not been giving a right to participate. The Pool Committees are made up of ACSA chosen volunteers, who are expected to be the voice of the three Pool Communities, at least 140 Residents. However, these volunteers appear to be listeners to the First Residential’s and the ACSA’s non-Resident paid employee spokesperson, who orchestrates the meetings, just one to date, and directs what will be done with the Pool, what appears to be with no discussion among our volunteer representatives, other than them being ACSA conduits rather than filters for what the ACSA has planned for the Pool. Other meetings have occurred; however, the slow walk and fumbling by the chosen contractor continues.
Please, LSP Committee Member Volunteers, stand up for your fellow 140 Pool Residents, ask questions for explanations from the ACSA on its decisions. There are cost effective alternatives to discuss. These Pool Residents overwhelmingly asked for a dialogue on a parallel path for a Pool opening. Now we should also have a dialogue on repair and restore of the Bathhouse, rather than a destructive demolition.
The 140 Pool Residents have spoken, we need our Pool Committees’ volunteer representatives to speak up for them, not just be lectured to on what will occur with the Pool Area. Though some member changes have occurred, and some preventable problems have erupted under the ACSA takeover, the slow-walk with the Pool Area continues. A two week fix to the Pool Area has turned into a three year fiasco, an ACSA failure that continues to infest the Pool Residents.
Note that all the culprits who instigated and carried out the attack on and takeover of the Pool ResidentsPool Committeeare all gone. The ACSA President at the time, decided not to run again as Director, the Pool Resident shills have all sold their places and left Aquarina, and the ACSA President presiding over the takeover resigned. The resigning culprit President now has bullied his way back into the ASCA chosen Pool Committeeto continue this ongoing injury to the Pool Residents.
COMING SOON – WILL ANOW CONSIDERED RUTHLESS FSR MANAGEMENT QUEEN, AND A WAVERING AND RESIGNED BOARD PRESIDENT CONTINUE THEIR USURPATION AND BULLYING OF THE LAKESIDE POOL COMMITTEES?
There’s so much to tell. First, let’s set the table to understand a situation that totally shows the majority Board of Directors behavior to withstand and, hopefully for them, silence dissent to their actions.
A dissenting Resident has been marked, where the Board’s misinformation, false accusations, and refusing to respond, have been used to bully the Resident into silence. The matter involves the payment of an assessment that has been tagged late. First Service Residential’s (FSR) in-house staff are the source of this attack, behaving as the majority Board’s shills.
The assessment involved has three payments due on the first of three consecutive months (August, September, and October), with a 30-day Grace Period for the payments. The Resident made the last payment on October 31, which is the 30th day of the Grace Period. A Grace Period commences after the due date, which would be October 1. The Grace Period is therefore October 2 through October 31. The payment was made, as directed by FSR, through its website, where you can pay $3.00 to make the payment through Click Pay. Your bank information is accessed in the FSR site, and you click Make Payment, and your payment is made. You receive a payment confirmation number and the date of the payment, i.e. October 31.
This described process is used to pay credit cards, mortgage payments, and various loan payments. Further, payments by postmarked mail follow the same pattern, i.e. the date postmarked mailed is the day of the payment, e.g. your IRS Return and payment.
If you call FSR and Click Pay, then the customer service folks tell you the payment is considered made on the date you click and pay on the FSR site, or by mail, on the postmarked mail date.
However, the Resident’s October assessment payment was tagged late that was made on October 31 by the FSR in-house staff, who insisted the payment should have been made on October 30. The Resident disputed the tagged late payment as described above. The staff did not explain why the October 31 payment procedure by the Resident was considered late, other than providing misinformation that the Grace Period is 30 days per month, ignoring the provided definition that it commences after the due date, making the October 31 payment made on time. Further, the staff stated that the payment was posted to FSR’s ledger on November 2. Remember, after a payment, you receive an immediate notice that the payment has been submitted with a confirmation number and a date. There is no disclosure in the FSR site that a payment made on its site is only considered paid at posting. The person making the payment has no control of the posting date. Keep in mind that the ACSA Board employs FSR and its staff, and makes the rules on payments.
In the ACSA Budget, have you seen income from paid late fees? Hmm. The Resident requested a waiver of the late fees from the ACSA Board, now piling up over $200, since the FSR staff refused to have a discussion of the matter. When a meeting was requested with the staff, the request was ignored again.
At the ACSA Hearing to waive the fees, none of the information provided to the Board by the Resident was addressed or discussed by the Board, i.e. the misinformation on the Grace Period definition, and why the October 1 payment was on time, per the FSR site and its Customer Service Department. At the Hearing, the FSR staff member was provided time for her false reasoning for the late payment, stating how the attorneys would consider not agreeing to her mis-information and false information as setting a bad precedent for payments. There was no discussion about the Resident’s information, which was all true, but not to be heard. The majority Board of Directors, following the Property Manager’s falsely substantiated opinion, as always, then voted not to waive the Late Fees.
It’s obvious now that the majority Board feels it reigns with impunity for any of its actions, even at the expense of ignoring the truth to secure its selfish goals, in this recent case, taking money from a Resident with false pretenses, to obviously set an example by exemplifying its bullying behavior.
This should be a forewarning to the community at what length the majority Board will take to implant its will on the Residents. The longtime Property Manager has honed her position to basically call the shots. It’s ironic that this non-Resident paid employee has her court, i.e. the majority Board of Directors, depend on her for community matters, and direction when it’s baffled what to do. The bullying of a Resident was invited and allowed to occur by the majority Board, with no discussion otherwise. She also has bullied the Pool Residents on how the Lakeside Pool would be renovated, dictating to them what would be done and how much the Residents would pay. The Residents’ input was ignored to an alternative and more cost-effective approach. The majority Board, which behaves as her compliant court, let her take control, in spite of the Pool Residents’ wishes.
It’s also interesting that for the first time in memory not one Resident offered an application to run for office as a, ACSA Director for this coming election. Why? Hmm. Four positions are open, with two current Directors running with no opposition, resulting in no need for Resident voting. The remaining two vacant positions will be filled by Board selection. From a political perspective, selection of like-minded folks would be expected to create a majority voice for the Board of Directors. With no Director candidates, and voting by Residents now not needed, and an unfortunate selection process would prevail. Hmm.
Again, be forewarned, at what length the majority Board of Directors will stoop, to fulfill their goals, to gain social acceptance, and to silence their dissenters. Are these the people, who took an oath of allegiance for the betterment of the community, who the Residents elected to practice a fiduciary duty for them, and who are expected to act in the best interest of its Residents? Apparently not. What we have is a Deep State cabal of self-serving minions.
Late breaking news is that with an election Board Meeting a day away, the quorum to hold a meeting is only 2/3’s complete. That coupled with fact that no Residents applied to run as Directors tells you everything you need to know about the respect the Residents have for their majority Board.
What we need to do is secure a new professional management company for Aquarina from which sub-management companies could be selected for the golf, the tennis, and the restaurant. The restaurant should be leased, and be self-supporting with no community subsidies. The AGI cabal, which is a self-serving entity, uses the Residents’ maintenance fees to support its selfish goals of offering a subsidized social entertainment network to its participating Residents.
We don’t need non-professional golf management Residents, non-professional restaurant management Residents, and non-professional tennis management Residents to run these amenities. We do need to hire professional management companies for each of these revenue sources. A Board of Directors can oversee these three amenities, not run them. The Board can monitor the negotiated fees these management companies would pay the ACSA from the profits they would be expected to earn from these Aquarina amenities.
The Board could spend its time taking care of the Aquarina Community, and not the three Aquarina owned amenities for its own purposes. The entanglement of these amenities and the running of a community by a Board of Directors, as we have seen, leads to where the politics and the current generated revenue result to provide a fertile ground for the collusion of both the politics and the revenue. This collusion is overseen and is driven by selfish cabal (Deep State) goals, has no impartial oversight, and the whole Aquarina Community suffers.
HOA’s can be a political entity, which is not unusual; however, the magnitude of this entity can range from a base of fair and responsible behavior, or it can grow into a monster of dictatorship and selfishness for a few at the expense of the majority. The entity can be structured into four groups, and behave as an influencer, or a none influencer. Let’s look at these four structures and their interaction.
The Aquarina Residents – The compliant majority. Structure 1
The Cabal – the source for Aquarina’s selfish direction for some, but not for all. Structure 2
The ACSA Board of Directors – a group subject to Cabal control. Structure 3
The Management Company – A tool of the Cabal. Structure 4
The Aquarina Residents are the base from where the four structures evolve; the Aquarina Residents (First Structure) being the largest of these structures have a voting majority, which they can use or not use. The Management Company (Fourth Structure) for the community is a structure, which in theory is selected, employed, paid, and directed by the HOA. The elected Board of Directors (Third Structure), is responsible for the direction and administration of the community, which is derived through, in theory, a fiduciary oath to, and decisions being made for, the good of the whole community. Finally, there is a Second Structure, which is the wild card of the four structures. Why? Because it can control and shape the presentation and character of the whole community. In addition, this structure, in its evolution, can exercise full control of the community, immune from any democratic voice or vote. It’s the Cabal, which is made up of members from the three other structures.
This Second Structure, the Cabal, is the one that needs a discussion, as it appears and functions here at Aquarina. Two incidents have occurred that demonstrate the strong armed workings of the Second Structure. The first was the Brassie Grille renovation, and the second is the Lakeside Pool ongoing process for a renovation. First, the Brassie Grille.
The original Brasie Grille was established as a comfort food sports bar to accommodate golfers, Residents, and as a bonus, the outside public, who had a place to go for a quick meal. A resident group emerged, which includes the golfers, the partygoers, and the AGI members. The AGI members run the golf and tennis operations, and the Brassie Grille. This resident group’s apparent desire was to embellish the Brassie Grille to better accommodate the group’s entertainment requirements. This now Second Structure behaves as a working Cabal in the community, making spending decisions for its wants. It infested the ACSA Board of Directors (the Third Structure) with a majority position for Board voting, and the Management Company (the Fourth Structure) which was implemented, as shills, to carry out its Cabal decisions into the community. A million dollars plus was spent on The Brassie Grille renovation without a vote from the Aquarina Residents (the First Structure, and also the Majority Structure). Why? A voting exercise for this expenditure was never provided, and the Aquarina Residents (First Structure) never organized to demand one. The Cabal (Second Structure), therefore, demonstrated an example of total control of the Aquarina community. This expansion of control has been accomplished by stacking the Board of Directors with Cabal members by aggressive voting participation with Director elections. The Aquarina Community (First Structure), and the majority Structure, has remained in a compliant position with all Cabal actions; however, hopefully, change may be on the way, since a number of the Cabal members either did run for Director, were not voted for in the last election, or resigned. Time will tell if the this compliant behavior will continue or change to a strong voice for the whole community.
Second, is the current Lakeside Pool fiasco, which exemplifies the boldness of the Cabal, who certainly became encouraged after seeing how The Brassie Grille renovation could so easily be foisted on the Aquarina Residents’ backs. Those that follow this Blog are well aware of the details of this “Taking” from the Pool Residents, i.e. Egret Trace, Blue Heron, and Spoonbill Villas, representing 68 units with over 130 Resident owners.
The majority Aquarina Board of Directors (Third Structure) endorsed and directed the Management Company (Fourth Structure), as shills, for its overthrow of the Pool’s control. Misinformation, coercion, selected and construed facts, and snubbing of the 130 plus Pool Residents was cast upon these Pool Residents. Further, the ACSA attorneys were used to substantiate the Management Company’s dialogue of dictatorship. As we know, attorneys can be paid to do what their clients want them to justify, whether what is justified is fair or not, and the Cabal, using these abusive tactics through the Management Company, remained in control, and bullied the Residents with their deceitful ways.
The best example of the ACSA’s abuse to the Pool Residents was the ignoring of the Pool Residents’ straw poll vote by email to repair the Bath House and the minor paver and pool matters. All this could have been accomplished within a month’s time at less than half the current cost of an unnecessary renovation of the whole Pool Area. This 75% majority vote of the Pool Residents all voted 100% for this approach. An establish Brevard County licensed building contractor surveyed the Pool Area and read the engineering report, and made the repair opinion for a month’s time to make the repairs. The Management Company shill spokesperson simply responded with a “We don’t support that approach” , without a word of explanation to an apparent compliant Resident Pool Committee. The Cabal had spoken.
Keep in mind that the Pool Area was gifted by the original developer to the ACSA. This occurred over 30 years ago. During those past 30 plus years the Pool Residents had overseen the Pool Area just like Tidewater and Ocean Dunes have overseen their pools.
The Pool Area should have been deeded solely from the developer to the three Pool Neighborhoods; it did not occur. The Pool was managed, maintained, and the costs were paid by the Pool Neighborhoods. The ACSA, for over these 30 years, was a silent partner, until the Cabal takeover, where with pretenses of misinformation, exaggerations, and deception by a group of Cabal selected Pool Residents that were unlicensed and laymen shills. The Cabal claimed mismanagement of the Pool Area to justify the takeover. All facts of mismanagement were construed, and any explanation to counter the misinformation was ignored, in addition, those explaining the truth were removed or prevented from participating in the new Pool Committees. The Cabal took the Pool Area, and was in control of the compliant constituents, who were selected to be on this new Pool Committee. Their positions were to be an audience to the Cabal, and to follow with Cabal directed procedures to start and complete the Pool Area renovation. An assessment of $4,800 for each of the 68 Pool units was levied, without a Pool Resident vote. Remember, these Residents did vote on repair that would occur within a month, at less than half the assessment cost, which the Cabal ignored without an explanation.
Also keep in mind that the ACSA deed to the Pool Area is not exclusive to the ACSA, in that other names are mentioned as participants on the deed, i.e. the three Pool Neighborhoods and over 130 Residents from 68 units. Per the deed, these Residents have exclusive use, maintain, manage, are responsible, and pay the costs for the Pool Area. The ACSA is not mentioned for any of these conditions. With this type of deeded use, would it be expected that the Pool Residents have a voice with what will be determined, and the costs, for the Pool Area? The Cabal (Second Structure) offered NO, and the Pool Area has been closed for an unnecessary nearly three years.
These Four Structures, all interact in a political climate. It’s unfortunate how three of the Structures have used manipulation for power and control over the First Structure, The Aquarina Majority. The irony is that this largest Structure, is the one being controlled and manipulated. Obviously, at this juncture, compliance continues. Will this Aquarina Majority awake and exercise its potential? Maybe our coming Board of Directors’ election may provide a new course of behavior, where fairness, fiduciary responsibility, and doing what’s best for all the Aquarina Residents will emerge.
