Author: 9278surf

At this juncture, in this Blog’s continuous commentary on our Aquarina community, we all know that there are basically two descriptive groups of Residents, they are the social cabal of golfers and their following, and the rest of us, who are not part of this fraternity. Normally, in a community like Aquarina, where varied activities are offered, e.g. golf, tennis, beach, river, etc., it would be expected that social groups emerge from each of these recreational offerings.  However, in Aquarina, the golf group has selfishly taken over the control of the community through the Board of Directors and its cabal following, who in turn have used, in large part, the finances for their own purposes, and have decided what Aquarina will become.

An active community like Aquarina, with all its amenities, requires prudence with both its maintenance for these amenities and an accumulation of reserves to eventually repair and possibly replace these amenities. This is not happening in Aquarina as it should. Why? There are several reasons. They are:

• AGI (Aquarina Golf, Inc.), an entity that the Residents fund, soaks up $100’s of thousands of dollars annually for the golf course operation, the Brassie Grille, the tennis operation, and countless social events. There is no transparency of accounting for these AGI expenses that show specifically how these expenses are derived. Having a Board of Directors controlling these expenses with no transparency certainly opens up the possibility of collusion and begs the question – what are you hiding? It’s our money!
• State Statutes spell out that Residents of an HOA are owed and have the right to access and see how every penny of their funds are spent. We are told by the Board, and specifically, the recent past Board President, that there is no obligation to show the Residents the spending of their funds with AGI – What?! A Resident has filed a lawsuit to gain access to the specific spending. This recent past Board President is fighting against this request. The attorney(s) costs to defend this refusal of transparency is being paid by the Residents’ funds.  Again, What?!
• An HOA Board has the fiduciary responsibility to be far-sighted with the Residents’ funds. It seems reasonable that a prioritized schedule of community items would be addressed, e.g. first, pay all financial obligations, and second, provide funds to keep up maintenance, repair, and replacement matters for infrastructure, buildings, and amenities, etc.  Have you noticed how OUR golf course has been embellished rather than maintained?  $100’s of thousands of Residents’ dollars have been spent on these embellishments on a money losing golf course operation.  This discretionary spending has eaten up our reserve funds that are meant to be used for more dire needs, e.g. the Aquarina entrance and for beach club maintenance, where the whole community benefits.
• The Kahama beach property settlement was to provide funding for a community pool.  Can we trust the current Board to use those funds for a community pool based on the Board’s reckless use of the Residents’ funds on embellishments for the golf course, e.g. new white sand bunkers, a new golf equipment wash station, a renovated maintenance yard, an irrigation well, and rebuilt tee boxes? What say did the community have in these new golf amenities?  

The hopeful community pool should be a project where the whole Aquarina community has input. Sure, there should be a committee to come with pool designs and costs.  However, these findings should also be presented to the community to decide on what kind of pool should be built. Costs and renderings of the choices need to be presented to the Residents for comments for a voted decision. After all, we’re looking at a $350,000 to $400,000 expense; money that should already be in the Aquarina bank account to spend.

Email communication on the pool process should be provided to all the Residents with full transparency for full participation in making a pool choice. Will it happen? Not based on previous spending decisions, but community participation should start now.

• Folks, the Board needs to oversee and practice its fiduciary responsibility with our funds, and not develop the community to its selfish desires. Development or changes to Aquarina are a full community decision, and not a Board cabal decision. The Board should interview professionals to run The Brassie Grille, the tennis facility, and certainly the golf course. There are self-serving and collusion temptations, which allegedly may have already occurred, with these AGI businesses. I am sure there are professional companies and/or individuals that run tennis facilities, golf courses, and restaurants, who would pay a fee to and/or rent from our HOA, for the use of these AGI business amenities. Have the professionals run the risk of loss or not from operating these AGI businesses, not the Residents. The Aquarina HOA can then collect rent and fees, rather than struggle and lose money with these businesses, which has been continually happening, at the Residents’ expense.

However, there is a choice for the current Board, either to release its hands from the Residents’ funds and AGI, forego the choice to selfishly spend these funds, and rather provide engagement to the Residents, where funds could be spent democratically for the whole community, OR continue what we have now, a selfish cabal with its own agenda, and not a community agenda, where the community, as a whole, is neglected.  Will there be a Board morality to decide serving all, or will there be a selfish continuation of deciding to serve the cabal leadership as Board henchmen?

As we know, the Aquarina Board of Directors along with the ex-Board President’s behind the curtain puppeteering, continue their laid out agenda of embellishing the golf course and golf’s accompanying social events as a Board priority along with the private use of AGI as a means to this agenda. Let’s look at some questions about some recent past occurrences that show how the Board’s lack of transparency to the Residents is growing and not diminishing.

• Did you see the 10^th Hole sign last week stating that golf cart staff are not available due to the Corona Virus?  That’s all there is to say! Wouldn’t you think that sign opens up a huge venue of questions and answers to the community. But no further explanation or follow up.
• The golf course’s back nine has been closed for three months. The explanation is basically “tuning”.  This is the Residents’ golf course. Shouldn’t we be apprised as to specifics of the tuning and the cost? BTW – how did the front entrance get bypassed for a tuning?  The front entrance has been waiting 35 years for an uplift, which serves the whole community.  There is always the Board excuse that reserves need to be built toward addressing the entrance; however, reserves always seem to be available for golf matters.
• We received an email the other day that Brassie will be closed for unforeseen circumstances. Period.  Gee, our community restaurant, that we subsidize, is closed for unexplained reason(s). Yet another venue of questions and answers for the community to only guess about. People eat there!
• A sign on the door has closed the golf course for this week.  Why?
• The entrance gate has been open for the past week.  There has been no explanation what needs to be done to repair it; there has been no explanation on how long it will take to correct. Will it be back in operation today? With our current national crisis, an operational gate may offer some deterrence, instead of continually being open as an invitation to all for entry.

Aquarina is in desperate need of professional management, rather than depending on a group of individuals with a selfish agenda for themselves, and who see Aquarina’s immediate needs as an afterthought to address.  What may be seen is a selfish cabal poaching the Residents’ fees at their will for what this cabal perceives as business as usual, since an alternative community voice to their actions continues mute.

You would think that there is an opportunity with a Board of Directors’ election process that maybe a change could occur in the direction a community was going.  Well, with Aquarina’s past Board of Directors’ elections, the cabal of golfers and their accompanying partying socialites made sure the results of these elections would keep the direction of the community on their track. The social pressure here is such that anyone with an alternative view of how Aquarina should be managed, would be ignored, discouraged, and silenced.  Just look at the last two annual elections, the number of candidates was the exact number to fill the vacancies.  The cabal, and its leader (the most recent last Board President, i.e. ex-president), made sure that the right candidates would be selected, counseled, and then encouraged them to run. To cement control, the ex-president told this processed group of new directors to create a new position, an Officer of the Board, who would be a past Board President. Hmm. Have you noticed how this new Officer (the past Board President) sits at the Board table and directs the meeting, like a puppeteer with marionettes?

I have engaged in a dialogue with one of the Board Directors, and explained concerns, as this Blog has been doing for the past two years. There was a cordial response; however, direct questions were ignored and any explanations were not applicable to any of my queries or positions. You see folks, the ex-president’s cabal, of acolytes, disciples, and now marionettes, have become so emboldened by doing want they want without recourse, that Aquarina is now theirs to fashion with their wants and pleasures.

What cannot be denied is what has occurred in Aquarina these past few years at the hands of a Board that is obviously still in control of our community and our quarterly dues, of nearly $1.5M per year. This amount of yearly money is meant, by law, to be overseen in a fiduciary fashion and to serve the WHOLE community. It is not intended to primarily fund AGI (Aquarina Golf, Inc.), its subsidiaries, and social events, for a selfish cabal of golfers and partyers. Let’s look at what has been spent from the Residents’ quarterly dues without a community discussion or vote.  Some of the notable expenditures were:

• Our gym was moved to a new, yet inferior, location.
• The gym’s new location had to be constructed.  Construction occurred without initial permits.  Now there is talk of moving it back to its original location.
• The Community Clubhouse was changed from a comfortable lounge area to a meeting hall to accommodate cabal rallies and parties.
• A washing station was purchased to clean golf equipment.
• A well and irrigation system was contracted to be dug and constructed to irrigate the golf course. Oh BTW – the Residents were snowed on how irrigation costs would be saved with a well, but it was never mentioned that Aquarina Utilities, Inc. would request a significant increase in rates for potable water to make up for the lost golf irrigation revenue.
• The golf maintenance yard was renovated to an upscale level.
• Sand Bunkers were reconstructed and embellished with “white” sand.

Keep in mind, the golf course is a money losing operation, sure it needs to be maintained as a community asset, but not embellished with a well system, new and indulgent equipment, a redone maintenance yard, and fancy bunkers, especially when there are other areas of the community that are crying out for attention, repair and maintenance.  They are:

• This Blog has pounded the need for our Aquarina entrance to be uplifted from its disrepair and despair. It’s the entrance to our community for all to see and a tone to be set for entering Residents and visitors.  This impacts everyone.  It’s 35 years worn.

• The Beach Club is use by more residents and has the most consistency of use than all our amenities, yet it shows wear because of its use and because of its beach location.  The deck and all stairs need wood treatment to prevent premature splintering and cracking, which already is showing in many places. The stairs should have end caps to prevent splintering and provide surer footing.  The sea grapes are way over grown, which impacts the views for which folks go to enjoy from the deck.  Showers should be installed at the bottom of each stairway crossover by the parking area.  Daily maintenance should be done to clean up the beach crossover areas, to wash down Beach Clubhouse windows and deck furniture, and to sweep sand off the steps by the beach for better stair footing. An Internet camera should be installed for the Residents to check on their beach conditions.  

• Our Reserves need to be implemented as Reserves are intended, i.e. accumulate funds for repair and replacement, and not indulgent betterments, like we have seen with golf course amenity acquisitions.  BTW – funds are only now being addressed for roadways with a five year window to reach a funding level that can be applied.  Again, the community entrance is not being seen as a priority as it languishes.

Resident funds are spent to the levels of $200,000 to $300,000 and more yearly to subsidize AGI. These are funds that can be used for Reserves to address community needs. Yet Residents are refused by the Board to see financials of how these funds are spent.  Have you ever seen a budget for the golf course operation and Brassies? These businesses should be run by hired professionals and be self-funded, and not run by amateur Resident wannabes where collusion may run rampant with the cushion of our subsidies.  

The Board ex-president has been heard to say that Aquarina is the cheapest place to enjoy the golfing lifestyle in Florida.  I wonder why? 

Amongst all the partying, volunteering, playing, and socializing, there is also the brick and mortar of the community, i.e. its infrastructure, its landscaping, its homes, and its entrance, and what is expected when this entrance to our community is seen for the first time.  It is a reflection of how the community and its HOA oversees itself. After all, the folks are paying to be in a community with an expected maintained and attractive entrance, with all its amenities, other than a community without these perks.

There are several other HOA communities that have a “statement” entrance, and all of them show pride in their appearance, i.e. they display an ongoing maintenance policy, e.g. well irrigated green grass and shrubbery, and pressure washed monuments and roadways.  BTW – the fees of these communities are much less than in Aquarina, even when factoring in amenities, which they do not have to the extent as Aquarina. But unfortunately, in spite of its stature and higher costs, Aquarina falters and lags behind these other HOA communities in its “statement” entrance. Just glance at these other entrances when driving down Hwy A1A to your Aquarina home.

The Aquarina entrance has not been changed since its inception in the mid 1980’s, and it shows its age not only in style but in its tired condition.  The photos below attest to this perception. As you know, the golf course appearance, and the golf infrastructure and its support mechanisms have been improved from our funds.  Why is our entrance, which impacts the whole community ignored? As this Blog has continually expounded, our community and its Board have been hijacked by a selfish and self-serving cabal of folks whose agenda is for a golf oriented social community. This cabal has blind eyes to Aquarina’s total amenities and needs, where a measured application of effort and funds should be allocated, e.g. Aquarina’s dying entrance, which is the curb appeal for our whole community. The entrance can add to our community’s value or it can detract from our community’s value. At this time, our community’s value has been diminished because of neglect and being ignored by a Board which has the fiduciary responsibility to maintain it.

Some of the immediate items for remediation are:

• The irrigation system needs to be totally checked for repair and replacement.
• New sod is needed where existing grass areas are dead.
• The Entrance monument area needs new colorful planting and precision cutting. Maybe a water feature can be installed in the future seen by passing motorists and the general public.
• The monument lettering needs repainting or replacement as does the signage at the entrance to the golf club.
• The roadway pavers need pressure washing, resetting, and in some areas, replacement, e.g. spilled tar and paint cover them. In addition to the presentation, aren’t you tired by the bump, bump, bump, as you drive through the entrance? It’s annoying and cries out for fixing.
• The electric lighting should be totally checked for repair and replacement.
• Roadways need to be black top coated and gutters pressure washed.
• Re-striping of the roadways is needed.

These remediation efforts will serve the whole community by adding value not only to the community at large, but to the community’s home values too.  BTW – the cabal Board voted to put off roadway work for future years.  What happened to providing and funding yearly reserves for the remediation items listed above? Our nearly $1.5M of paid yearly fees for the Board’s Budget is spent, not on building our reserve funds, for what is desperately needed, but on splash for the golf course, and subsidizing the golf business, the restaurant, parties, and events.

Coming soon with media evidence of disrepair. Board negligence of their fiduciary and serving responsibility to the community continues other than their pandering of political correctness.

Communities, with HOA’s like ours, craft By-Laws by which a community is guided, in a fair and democratic manner, for it to operate for the betterment of its Residents, similar to our country’s Constitution. A Board of Directors is voted in by the community’s Residents to have a fiduciary relationship with these Residents and serve its needs, per Florida Statute Chapter 720. Do we have this expected and legal arrangement in Aquarina.  Let’s see.

Aquarina’s By-Laws include Article 5; Section 1, which speaks about the Board of Directors. It was amended, years back, to increase its original number of three Directors to seven Directors, when the Developer, at the time, left.  It was also determined that no more than two Directors could be from the same sub-association or neighborhood. This By-Law states that the maximum number of Directors was to be nine, and any change up to nine requires an amendment.  BTW – when an amendment to change, add to, or delete a current By-Law is determined to be needed, a quorum of the Residents is called and a majority vote is then required for the amendment to be added to the By-Laws. 

Aquarina recently had a change (or maybe not as you read on) to its Board with the default election of four candidates to fill four vacant Director Positions because of term limits. Only four Candidates applied, and filled the vacancies. How did that work out?

The Residents were notified by mail that four positions were to be filled to complete a Board of seven Directors (three still had terms left), as how it always had been. But when we look at the Aquarina Website and sign in, what appears, among other features, are the names of eleven Board “Members”, and not Directors. Hmm. There is a Board of seven Directors per our By-Laws, but they are now sub-noted as such on the Website. There never existed Board “Members” before. The seven duly elected Directors are now joined by four additional non-elected and listed “Members”, for a total number of eleven individuals on the Board, but not per our By-Laws, which states seven, by voted amendment.

Who are these four added “Members”, i.e. non-elected, and you could call, de facto Directors? One is the past President, one is the past Treasurer, one is an attorney, and the other is a developer. Yikes. This recent past President led his cabal for a personal agenda in our community, as this Blog has long explained. The past Treasurer supported this effort. This attorney, selected by the past President, will he expect to be paid (our funds)?* A recent past Director, an attorney and Resident for decades, and who provided pro-bono advice, was by-passed for the attorney position. Why? The developer, who owns significant parcels of property in Aquarina on which to build, would seem to have more of an interest in his personal agenda for development in Aquarina (which is understandable), than as a Board Member with an interest to have a fiduciary and serving relationship with the Residents. Something is brewing.

What can we surmise?

• Our By-Laws state seven Board of Directors, but By-Laws be damned, and the cabal decided on eleven, which is presently in place. Keep in mind, these four additions to the Board were NOT elected by the Residents, but placed, certainly by the past Board President, who can be seen now as the de facto President, unless the named President, a recent new Resident, behaves otherwise to a position he accepted.
• We have one Director and two de facto Directors from the same neighborhood (Ocean Dunes), and one de facto Director from three neighborhoods he owns (through Mad Associates LLC and Kahama VII LLC).  Remember, two Directors, i.e. now “Members”, from one neighborhood is the limit.
• These acts of change were without a call to the Residents for an amendment vote, to approve these acts of change, or not. They were just boldly done. This cabal is emboldened to do what it wants since it knows that Resident recourse is nonexistent.

Remember what was said about an HOA Board of Directors, directly from the Florida HOA Statute Chapter 720, “The Board of Directors is to have a fiduciary relationship with its Residents, and exists to serve them.”

On the surface we have, what appears to be a happy, giving, and friendly community, which is fine, but what lurks below this surface of contentment is a cabal practicing a selfish agenda for its group, ignoring the needs of the whole community.  These needs, which have been explained in this Blog, still exist and continue to be neglected.

Oh yes, and then there is the non-transparency with AGI finances, yet another arrogant hit to the Residents.

* It is interesting that the Board needs an attorney as a sitting “Member”, and a non-Resident “Member” at that. A Board participant, “Member” is required to attend Meetings and read emails, documentation, etc. Will there be an attorney fee now for such actions?  Hmm. Article 5; Section 14 of our By-Laws states that a Board Director, now also “Member”, cannot accept any pay for provided services.  Aquarina never in decades had a sitting attorney on the Board. Why now?  BTW – this is the attorney who the past Board President (now Board “Member”) had the Residents pay for to defend his refusal to provide a Resident’s request for financial data on AGI.  The lawsuit is ongoing with the attorney clock running.  Guess who is paying the attorney? We, the Residents are paying. There is liability insurance, sure, but certainly there is a deductible, and a higher premium payment coming upon renewal. It’s crazy, we are paying to defend a Board “Member” for refusing to be transparent with our funds.

A discussion of this question shall be Posted very soon. BTW – Resident visits to AnAquarinaVoice.com is nearing 50,000 visits in the last 18 months to date.