Author: 9278surf

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 30^th 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.

A change is needed.  Soon.

COMING SOON – A COMMUNITY FOREWARNING

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.

1. The Aquarina Residents – The compliant majority. Structure 1
2. The Cabal – the source for Aquarina’s selfish direction for some, but not for all. Structure 2
3. The ACSA Board of Directors – a group subject to Cabal control. Structure 3
4. 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.

COMING SOON – DOES AQUARINA HAVE A DEEP STATE INFESTATION ?

The world has had a rocky ride in these recent past years, i.e. Covid, politics, Ukraine, our border, inflation, a Presidential Election, etc.; however, Aquarina has seen some bumps too over these past 12 months, as this Blog has detailed.  Will a change of leadership and Aquarina politics arise from what we have experienced in 2024? Will community compliance to its treatment continue? Let’s review the noteworthy events that have occurred up to this time.

We’ll commence by reviewing some positive, though long over due actions, that were previously usurped and delayed by those on the past Board, with HOA power, to first satisfy their own wants at the expense, as usual, of the Aquarina Residents.  The self-serving actions were the continued subsidizing of the AGI machine that oversees the golf course, and the amenities that embellish the golf course’s social specter, mainly the previous Brassie Grille. More on this later.

The notable uplifting events were the painting of the Beach Club House, the repaired and improved lighting (at the Aquarina entrance), the erection of the handicap beach access (which was nearly lost because of the nearing expiration of the in-place permits), the repaving of the 40 year old roadway entrance into the community, the activation of the Beach Club elevator lift that had been inoperable for over a decade ( and yet it still breaks down), and installing, for now, workable entrance gates. There may be other, in the eyes of the Board, occurrences, but what has been explained is the bulk of the improvements. The irony here is that a Board member (who ran and was not re-elected), and was part of the original AGI cabal, stated that more had been done by the current Board than what had been accomplished in the last five years by previous Boards. Where was that member for those five years of apparent community neglect?  Instead, cabal selfish priorities were addressed. That Board member’s non-re-election says everything you need to know of the Residents’ response to the then Board’s priorities, which did not serve the whole community.

Two past Board actions, the upgraded Brassie Grille, and the coming renovation of the Lakeside Pool, were Board blunders that have been foisted on the backs of the Residents. The Brassie Grille upgrade was for pure AGI selfishness, and the Lakeside Pool renovation was an arrogant display of HOA power over the three Pool Neighborhoods.

First, there’s the Brassie Grille, where over a $1,000,000 in costs and resulting debt were decided upon by a Board that carries the AGI’s water for a cabal of golfers and socialites.  A restauranteur runs the renovated restaurant. Is there a lease? Do we know how much the lease payments are? Does AGI subsidize the restaurant when costs cannot be paid? Many questions exist? These costs and the $1,000,000 loan are totally discretionary and indulgent expenses determined by a Board vote, I would expect, of seven, whose cabal of golfers and socialites enjoy themselves at the cost of all the Residents. The Brassie Grille was a limited food center and sports bar that provided casual comfort food in a satisfactory manner; it worked for what it was intended to be. We have a 40 year old community that soon will be seeing infrastructure costs emerge over the coming years ( consider all the water shutdowns lately). What did the Board do? A $1,000,000 loan is taken out on the Residents without input or vote for a self-serving eating center, for its cabal.

Questions for the golf course are: How many paying memberships exist? What percentage of the golf course’s total expenses are actually paid by memberships? Is there a marketing plan to increase membership, both publicly and privately? Keep in mind this scenario.  A situation appears to exist with the current AGI set up, where a segment of Residents, e.g. golfers and socialites, enjoy a golf course and restaurant facility, with its costs far surpassing the revenue that comes in with its use. Could it be that these golfers and socialites are indulging themselves as the overriding costs are covered and subsidized by the Residents?  Trust me, this is can be a covert integrated scam put upon the Aquarina Residents.  Even when you buy into the community, and you don’t play golf or eat at the restaurant, you pay for all of it. Maybe this should be a disclosure to incoming Residents?  Hmm. Further, does the smoke and mirror Aquarina Budget clearly explain what’s covered by paid use and what’s subsidized for cost over-runs because of limited use and pay?

Power and cabal politics reins at Aquarina. It’s apparent that maybe an oversight committee serves as an Ombudsman for the community to scrutinize Boards that arise as representing special groups, e.g. golfers and socialites, and not the whole community. Golfing and golfers are fine, as are social events, but there needs to be a monitoring of behaviors that prevent skewed spending for particular interests rather than community interests.

Now for the most egregious ACSA action, the taking of the Lakeside Pool and the abuse thrust on the three Pool Neighborhoods. Much has been said in this Blog on this tragedy. Let’s looks at the sequence of events.

• A pool meeting for the three Pool Neighborhoods, overseeing the Pool for three decades, was called on a spending concern. It appeared that some members of the ACSA Board saw this as an opportunity for a planned takeover of the Lakeside Pool. They chose some willing shills from these Pool Neighborhoods to orchestrate a takeover of the meeting with shouting of misinformation and accusations that led to a meeting with no purpose other than to create bedlam. The ACSA now had an excuse to take control over Lakeside Pool, which they did.

• The misinformation included was over spending for furniture restoration, and the Pool Bath House’s lack of maintenance that created a situation where the Bath House was near collapse.

• The intentionally self-alarmed ACSA ordered an engineering inspection of the Pool Area.

•  Before this inspection was ordered, the then current Pool Committee had ordered an inspection as a result of the overblown and misrepresented evaluation of the Bath House and Pool Area.

• ACSA Board found out about this scheduled Pool Committee inspection, which was ordered to confirm or not what was told to the Pool Residents at the propagandized Pool Meeting, and cancelled the inspection, and removed this Blog writer from the Pool Committee, who was asked to order the inspection.

• Engineering reports were ordered by the ACSA for the Pool Area. The ACSA selected shills with their skewed and misrepresented information on the Pool Area, and had the shills call for a total Pool Area demolition. Witnesses and reports existed that debunked the called demolition, and reasons for the demolition. The Pool was not sinking and the Bath House was not near collapse.

• This Blog writer arranged for a Brevard County Building Contractor, with decades of experience, and who completed a recent total renovation of my Aquarina home, to review the reports and physically inspect the Pool Area and Bath House. He was accompanied by the ACSA President.

• Though the engineering report suggested that a knockdown of the Bath House would be more cost effective if the Bath House were to be brought up to code, an allowed alternative approach would be to repair and restore the present structure.  This approach would be less cost than a rebuild, and it could be accomplished in less than a month, per the Contractor.  While the needed repairs to secure the Bath House for use could be completed in the less than a month time frame, the roof replacement work could be temporarily secured with a professional tarping until the roofing contractor work began.

• The Building Contractor requested to return to the Pool Area, and to do measurements and evaluate materials to formulate a bid. The ACSA President declined to have him return. The excuse was that the Pool Area was a dangerous site, and lawsuits could occur if anyone entered the Pool Area and became hurt. Some uneven pavers and a few cracked tiles, which had been in their present condition for decades were now considered lawsuit mines at the Pool Area. There never had been any incidents of injury at the Pool Area during the Pool Residents’ 30 years of oversight.

• The ACSA Board commenced its overreach with having the Pool and Pool Area be subject to unneeded repairs and renovation beyond what was needed, and had it closed down. Concerns that the Pool had uneven curbing and needed to be resurfaced were bogus evaluations with no substantiation. The uneven curbing, existed for years, and was the result of a leak repair where the restoration of the curbing could have been better done to being level.  However, this slight matter had no impact on the Pool’s performance, and could be considered cosmetic.  Pool sinking did not cause this condition. Further the several skewed pavers and cracked Pool tiling were declared by the ACSA an injury threat, even though that condition existed that way for decades, and could be a simple cosmetic repair. The Licensed Building Contractor would have employed Pool Contractors and Paver Specialists to correct these small matters. The Pool was functioning and available for use.  It was the Bath House that needed attention before the Pool Area could be opened – a less than a month fix, which was ACSA denied.

• A revised Pool Committee was established, with the chosen Pool Neighborhood ACSA shills remaining in their appointed positions, and applications to be ACSA approved for those that wanted to participate and be a member of the ACSA formulated Committee. Those folks who saw the scam and taking of the Pool and Pool Area, and applied for membership, were rejected for membership, including this Blog writer, who had been recommended for the Committee by an ACSA and Neighborhood Directors. Ironically, the ACSA stacked committee stored the $8,000 of restored pool furniture in the Bath House that we were told was near collapse, tarped the Bath House roof unprofessionally, where the tarp never stayed secure, and had gatherings at the Pool Area for cleanup, where the Board President previously forbade Pool Area access because of the liability issues with uneven pavers and cracked tiles. The irony of it all, indeed.

• Pool Meetings were held under the direction of the ACSA dictating, without discussion or debate, on what path the Pool and Pool Area would be taken. Members listened as the non-Resident paid employee explained what would be done without explanation or having a dialogue.

• During this takeover period, this Blog writer explained to the Pool Residents that there was a more cost effective and more expedient path to have the Pool Area and Pool Bath House repaired, where the Pool Area could be ready for use in less than a month, as a result of the Building Contractor’s visit and review of the situation, including the reading of the engineering reports. This approach was documented and substantiated with other individuals. A email vote for this new approach was orchestrated among the three Pool Neighborhoods.  Over 75% of the 68 Pool Units voted. There was a 100% vote of YES among all the votes that the new, and cost and time effective approach was favored to repair and open the Pool Area.

• During a Pool Meeting, a spokesman member offered the new approach, an approach that was favored by 100% vote from 75% of the 68 Pool Neighborhood units, to the Non-Resident paid employee, who simply stated that that approach was not supported, with no explanation as to why not, and the Meeting proceeded with the non-Resident paid employee’s agenda. The Pool Neighborhoods, who have had exclusive use of the Pool Area, maintained the Pool Area, and paid all the costs of the Pool Area for over 30 years, were ignored.

Is this having an HOA act in the best interests of its community per the new Florida State guidelines?  Have there been violations here with felony and misdemeanor consequences?

• The ACSA’s “Taking” of the Lakeside Pool continued with yet more bullying behavior. A contract was signed by the ACSA with a Building Contractor, who one of the Directors knew for decades, a friend. This may seem Okay other than the fact that the signed contract allowed a $50,000 deposit paid for work to be completed without going into an escrow account, which would be expected with building contracts, especially since the Board of Directors are overseeing the Resident funds.  This was in August 2024. To this date, the Pool Area remains closed with no work completed, other than a permit process which has been ongoing since August 2024, with word that it continually had to be re-submitted for corrections. It’s been a slow walk process, while the 68 Pool Residents suffer by having no Pool for the last two years, yet pay maintenance fees of $113,356 per Quarter, in addition to having been assessed $326,000.

• The bullying gets worse, the Pool Construction Contract signed by the ACSA, not only released $50,000 to the builder, but allowed the builder to have two additional years to complete the work. The Pool Residents have been without a Pool for over two years. Now a possible further two years, all this time still paying and having nothing. WHERE WERE THE BOARD ATTORNEYS WITH THIS CONTRACT? WHY WEREN’T THE POOL RESIDENTS ALLOWED TO PARTICIPATE WITH THE CONTRACT NEGOTIATIONS? The Pool Residents are paying and are responsible; the ACSA is free and clear, and placed this contract on the Pool Residents’ backs.

Is this having an HOA act in a fiduciary and responsible manner for its Residents per the new Florida State guidelines?  Again, have there been violations here with felony and misdemeanor consequences?

To close this fiasco, the Lakeside Pool perpetrators all have the following history after this debacle was put in place on the backs of the Pool Residents. Of the three involved ACSA Directors, who also were involved in the Brassie Grille costly renovation, one was not re-elected, one did not run again, and the third resigned. Of the Pool Neighborhood ACSA selected shills, all have their units for sale and are leaving, and one already sold and left. Hmm.

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COMING SOON

The events of 2024 unveiled an Aquarina community where a compliance to a Board of Directors’ dictates revealed a Boards’ controlling posture, which may appear to be a violation of one of the State of Florida’s new HOA guidelines, i.e a fiduciary duty and responsibility to act in the best interest of the whole community. More to come.

THE 2024 YEAR IN REVIEW COMING SOON

YEAR END REVIEW COMING SOON

YEAR END REVIEW COMING SOON

The State of Florida recently passed new laws regarding HOA Boards, and instituted new requirements for Board Directors.  It had become apparent that the Board of Directors in some cases were not functioning per the oath that they took before taking their positions. Let’s look at what the oath states.

The primary basis of the oath addresses the Fiduciary responsibility of being a Director. What is a Fiduciary responsibility? It is expected that Fiduciary behavior encompasses a duty of obedience, loyalty, disclosure, confidentiality, honest accounting, exercising reasonable care, and most important, acting in the association’s best interest. It has been observed and reported that in certain circumstances HOA Boards have become more political in their actions by forming cabals within the communities they oversee. These cabals become a political force, controlling the Boards they run, and carrying out programs that are self-serving for these cabal Boards, with no regard to those in the community not participating with  the cabals. The new laws were put in place to hold the Directors accountable, and, among other issues, to mitigate the cabal problem. Remember, Directors are to act in the association’s best interest, not their own or a cabal’s interest. Not acting in the best interest of the association can now result in misdemeanors and felonies.

With Aquarina’s current and recent past majority Boards, several actions could be considered acting not in the whole association’s best interest, e.g. the renovated Brassie Grille, the Lakeside Pool debacle, the moving of the gym room, the extravagant expenses for the golf course beyond membership revenue, the forgotten community pool, the refusal of requests for particular AGI’s financials, and the ongoing failed elevator/lift at the Beach Club.  The resulting expenses and spending for some of these events were Board decisions with no community vote or consensus. These expenses were for “Betterments”.  Let’s discuss them

This glaring and continued burden foisted on the community has been the continued spending of Resident funds on what the By-Laws label Betterments, i.e. improvements, and additional and upgraded amenities. This spending would be more reasonable and a duty to use on our Reserves, for the expected diligence for maintaining and for the maintenance of our aging infrastructure. However, this does not appear to be the case in Aquarina.  In many instances Betterments have taken priority over basic community infrastructure needs, e.g. roads, irrigation, buildings, daily cleanup, rising insurance costs, roof replacement, etc.  Though some of these infrastructure items have been addressed, they had lingered for many years as Betterments took the primary position. Is spending on selfish Betterments prudent and in the best interest of the whole community, where we are in a state of inflation, high interest rates, and soaring insurance costs. In addition, new reserve rules for residential buildings are driving maintenance fees skyward.

Hopefully, the current majority Aquarina Board will keep themselves reminded of the new HOA requirements and guidelines, and the oath by which they pledged.  See the revised HOA Laws below.

What are the New Florida HOA Laws 2024?

The legislative session in Florida this year has led to five significant bills affecting community associations. These are HB 1203, HB 1029, HB 1021, HB 59, and HB 293. These bills affect both homeowners associations and condominium associations. They cover a variety of topics, including hurricane protection, criminal penalties for board members, voting rights, and new board meeting mandates.

 HB 1203

For Homeowners Associations

House Bill 1203, passed on May 31, 2024, introduces new rules for HOAs in Florida and will be effective from July 1, 2024.

Education for Directors and Officers

New directors must submit a written certification within 90 days of election or appointment. This certification confirms that they have read the association’s governing documents, will uphold them, and will faithfully carry out their duties. They must also complete a state-approved condominium education course.

This certification is valid for four years. Directors must complete continuing education annually: four hours for associations with fewer than 2,500 parcels and eight hours for those with 2,500 or more.

 Director and Officer Offenses

HB 1203 outlines criminal charges and penalties for HOA operations. Directors or officers must be removed from office if charged with certain crimes, including forgery, theft, embezzlement, obstruction of justice, or fraudulent voting activities.

Criminal penalties include:

• Second-degree misdemeanor for knowingly violating records inspection requests
• First-degree misdemeanor for defacing or destroying required accounting records
• Third-degree felony for withholding records to avoid legal penalties
• First-degree misdemeanor for fraudulent activities related to association elections

 Elections and Voting

The bill allows homeowners to consent to electronic voting in elections, using electronic means to provide their consent.

 Official Record Requirements

Starting January 1, 2025, associations with 100 or more parcels must maintain a website where members can download official records. These records must be kept for at least seven years unless the governing documents require a longer period.

 Enforcement

HOAs and their committees must enforce standards fairly across all parcel owners, providing written notice of the rules when denying a construction request. HOAs cannot restrict homeowners from installing vegetable gardens and clotheslines if not visible from the street, neighboring properties, or common areas. Associations also can’t restrict the interior of homes if the changes aren’t visible from the outside.

 Fines and Suspensions

Before imposing fines or suspensions, associations must:

• Provide 14-day written notice of the right to a hearing
• Hold the hearing within 90 days
• Dismiss fines or suspensions if the violation is corrected before the hearing
• Offer a written decision within seven days, including details of fines, suspensions, or remedies

 Parking

HOAs cannot prohibit personal or work vehicles (not commercial motor vehicles) from parking in a homeowner’s driveway. They also cannot ban first responder vehicles from parking on public roads within the community.

 Fiduciary Duties

Chapter 720 now explicitly references Section 617.0830, highlighting that HOA officers and directors have a fiduciary duty to act in the association’s best interests. This includes acting in good faith, with due care, and in a manner believed to be in the corporation’s best interests.

 Additional Updates from HB 1203

• Assisting Law Enforcement. Associations must comply with subpoenas by providing requested records within five business days.
• Prohibition on Debit Cards. Associations are banned from using debit cards to pay expenses. If used improperly, the responsible person must be removed from office.
• Financial Reporting. Associations with 1,000 or more parcels must provide audited financial statements, and they cannot reduce the required level of financial reporting for consecutive years.
• Parcel Owner Accountings. Owners can request a detailed accounting of amounts owed. If the association fails to respond within 15 business days, any overdue fines over 30 days will be waived, provided the owner wasn’t previously notified of the fines.

 Financial Reporting and Reserve Management

The bill restricts associations from preparing consecutive financial reports to fulfill annual requirements. Associations must now notify unit owners that a Structural Integrity Reserve Study (SIRS) is available for inspection within 45 days of its completion.

Associations must also inform the division within this timeframe. A database of associations that have completed the SIRS will be created by January 1, 2025. The division’s annual report will include this information starting after December 31, 2024.

Additionally, condominium associations can pause or reduce reserve funding if a building becomes uninhabitable due to a natural disaster. However, they must resume contributions once the building is livable again. Misusing a debit card in the association’s name without proper board approval is now considered theft, leading to immediate removal from office.

 Mandatory Structural Inspections

The law now excludes single, two-, three-, and four-family dwellings with three or fewer stories from mandatory structural inspections.

 Official Records

Email addresses are now considered official records if the unit owner consents to electronic notices or explicitly authorizes sharing their information. Associations are responsible for ensuring that personal information is not shared with third parties, with some liability protections in place unless the disclosure was intentional.

Additional invoices, transaction receipts, building permits, and board member education certificates are now official records. Associations must keep these records organized and respond to requests with a checklist that documents all provided records. The association must keep this checklist for seven years. It also serves as proof of compliance.

Furthermore, if records are posted online, the association can direct requestors to the website to fulfill record requests. The division can request access to an association’s website to investigate complaints about record access.

Destroying or failing to maintain required accounting records with intent to cause harm is now a first-degree misdemeanor, punishable by civil penalties and removal from office. Anyone who willfully refuses to produce records to evade detection, arrest, or punishment is guilty of a third-degree felony.

MORE TO COME

MORE TO COME SOON

Let it first be said that we are thankful to be spared from any major damage here in Aquarina from the past storm, and we are also thankful to the in-house Residents who have assisted in the cleanup.  Now for some revisited comments that we should not forget.

Adding insult to injury, the resigned ACSA President and his cohort, who oversees the Lakeside Pool renovation, and who also is selling his Aquarina property, have both requested to remain in their positions in order to “complete their work” with the Lakeside Pool. Remember, it’s now been nearly two years of having the Lakeside Pool unnecessarily closed for this extended period of time. This is no less than a “hit and run”, which appears as a haughty request to return to finish their bullying deed on the Pool Neighborhoods. These Neighborhoods have been misled with the status of the Pool, for nearly two years, and have now been forced into huge Pool expenses and an assessment, without any ACSA invited input.  The ACSA’s “taking” of the Pool from the Pool Neighborhoods was done in this bullied fashion with misinformation as justification for the taking.  It was an autocratic power play of crafted deceit, with the uncovered truth of the situation being ignored by the ACSA. However, the ignoring became justified for the ACSA as it now appears that the majority ACSA Board was the source of this crafted deceit.

Now these two “Lame Duck” individuals want to finish their orchestrated scheme, certainly directed and sourced by the Deep State Cabal, to secure the Lakeside Pool takeover, with this indulgent and unnecessary expense. Remember, too, the ACSA President’s slip of the lip, when at an ACSA Meeting, he revealed no Reserve Fund was established for the Lakeside Pool, since it was intended to be demolished, as the ACSA’s shills and henchmen endorsed, when disclosing their unsupported, unlicensed, and laymen mis-informed findings to the shocked Pool Neighborhoods. The scam was set, and the Pool Neighborhoods lost their repairable Pool.  Repairable, as determined by a long tenured and well respected licensed Building Contractor, which most likely would have been $150,000 less than the cost with which the Pool Neighborhoods are now strapped to pay.

Further, last October of 2023, this licensed Florida building contractor, with decades of Brevard County experience, explained that the pool remediation process could be done within a month. A professional tarping of the Bath House roof would be completed until a scheduled roofer would do the roof replacement. The tarping done by the unlicensed laymen soon became undone, and the roof remained in an exposed condition. The ACSA refused to have Pool Area remediation done as explained by the licensed Building Contractor, saying that this course of action was not supported, with no explanation as to why. Hmm. 

In an email poll of all the Pool Neighborhoods, a majority of all the neighborhood units voted 100% YES to have the licensed Building Contractor do the work to open the Pool Area.  This vote was ignored and not commented upon. These Pool residents, per our By-Laws, are responsible to maintain the Pool Area, pay all the costs of the Pool Area, and have exclusive use of the Pool Area, all which have occurred for over 30 successful years without incident.  This past history has now been ignored by the ACSA, and the ‘Taking” of the Pool Area has now been fulfilled.

It would be expected, that as a result of the elapsed time with no pool to use, an urgency to commence the renovation would be pushed by the ACSA Board. Remember the ACSA President’s promise that “all hands are on deck” with the pool renovation. With a signed pool renovation contract signed in August, and a paid deposit by the Pool Residents, building permits, as recently checked, are still not in place to commence the pool work. Remember, too, that the renovation contract provides two years to complete the pool work. This is a sense of urgency to restore the “Taken” Pool amenity?

The Pool Residents continue to be abused from the misled information for the “Taking” of the pool, and now the “slow walk” with the renovation process. Further, $100,000 has been set aside by the ACSA for pickle ball courts. Who planted this expense to be foisted on the Aquarina Residents? Keep in mind there are public pickle ball courts five minutes down the road at the County Park. Consider that the Bocci court would be eliminated for these pickle ball courts. What about those Bocci players? Consider the Beach Club elevator still has not been repaired; it’s been that way for over a decade. Consider the promised Aquarina Community Pool, another Resident amenity that was “taken” away.

Hopefully, the current ACSA Board will be aware of these past and ongoing self-serving actions, and provide a corrective course of actions for all the Aquarina Residents, especially the Pool Residents, all of whom have been ignored, and all of whom have been damaged and injured, by the “Taking” of the Pool, and now its slow walked renovation.

. . . is this the reason?

. . . is this the reason?

. . . is this the reason?

. . . or is this the reason?

It is unusual for an ACSA Director to resign in mid-term, especially so for an ACSA elected President.  I cannot recall this occurring in my years here since 1995.  Certainly, a health or family matter could arise, and if that is the case, then we all wish the best for what may be this unexpected event.

However, there have been questionable and provable untoward actions performed by the majority ACSA Directors toward the Residents that easily could be attributed to a resignation maybe caused by conflict and regret for aligning with the Aquarina self-serving cabal.  Much of what has been mishandled with resulting harm to the Residents has been continually detailed in the Blog, e.g. the ACSA president has signed off on major and huge expenses for the Aquarina Community, i.e., the Brassie Grille expansion and the Lakeside Pool renovation.  True, some positive, but long overdue projects have been completed, e.g. painting of the Beach Clubhouse, repaving the entrance roadway, and the almost permit loss of building the handicap beach crossover.  These projects should have been done five years ago, but were waylaid for golf betterments, and other cabal discretionary costs.

It was obvious during ACSA called Meetings, that the past ACSA President and the non-Resident and paid First Service Residential employee, both advocates and spoke persons for the cabal, ruled the Meetings.  Was the now resigned President becoming uncomfortable with the provided direction and demands? Regardless, what has now occurred is unfortunate for all, though the shutting down of the Residents input and a vote on the huge debt foisted on them with the Lakeside Pool and renovated Brassie Grille is autocratic and non-democratic.  What we now have is a director/President who either walked away, had to leave with personal reasons, or maybe was suggested to leave by the cabal, no one knows, though the cabal’s mission was completed, i.e. draining more cash from the Residents.

More to come. Further, the Lakeside Pool fiasco worsens for the Pool Neighborhoods’ Residents.