Month: December 2019

Congratulations to all for their efforts to bring to an end what can be considered a boondoggle over these past years of contention with this sale. It may have been considered bungled from its outset. However, there is an upside for the Aquarina Community. Coupled with the sale agreement was a commitment from the Board at that time of the sale that the funding arising from the sale would be used to build a community pool. The probable location would be on the vacant land by the parking lot for the Club House and the tennis courts.

A Community Pool commensurate in size to accommodate all of Aquarina would provide a tremendous boost to the value of our community. The huge caveat though is the past and current behavior of a Board that has a history of recklessly spending the Residents’ funds on its own agenda of wants and desires without a consensus of the community. The Board’s agenda of projects should contribute to the WHOLE community and not a segment of the community, e.g. golf.

May the $350,000 payment to the Residents for a pool be subject to Board meddling for its own purposes? May this $350,000 be spoken for by the current Board before a new Board will be voted in a few months from now? Hmm.

A lawsuit has been filed against the ACSA, by a long time Aquarina Resident, because of the Board President’s and his majority of Board Members’ refusal to provide specific financial records from the AGI.  Per Florida Statute, Chapter 720, ALL financial records from an HOA, when Residents’ funds are spent, must be available for disclosure to the Residents.  The Board President has refused to comply with this very apparent legal request. Mediation, rather than a lawsuit, was offered, and this too was apparently refused.  Wow!

What do we have here? The elected Board was given the fiduciary responsibility, the stewardship, and the entrustment of the Residents’ funds.  The Board President, rather following the letter of the law (Florida Statute, Chapter 720), says he has an attorney opinion that he can by-pass the statute to hide AGI specific spending.  Why would an HOA President or his majority Board want to hide expenses of the Residents’ funds?  Of course, having something to hide is the first reaction.

The irony of it all is that by the Board creating a lawsuit situation, for its own end, a huge attorney expense for the Residents will now follow to fund the President’s and his majority Board’s defense.  The Residents are literally being poked twice, i.e. once by non-disclosure spending, and again by paying for attorneys to defend this spending. Will Aquarina’s Silent Majority still remain silent?

Actually, there is a third poke, which this proactive Resident has caused with the lawsuit.  The third poke is not the taking of Residents’ funds, but a wake up poke to the Residents.

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More news coming on the beach property ongoing sale to Kahama VII LLC and the ongoing promised community pool.