Here is an unedited post from one of the Board Director Candidates. See it below. We invite any of the other Candidates to make a post where the Candidate can state their goals and their direction for the Aquarina Community. The “Leave a Comment” hyperlink on the Blog page can be clicked on to open a window to write your post.
Dear Neighbor,
I am running for a seat on the ACSA Board to bring back accountably and transparency to the Aquarina community.
Since our current and recent past ACSA Boards have taken the position that AGI is separate and do not need our vote to spend our money, have they mentioned to you that the Water Company was now sold? In addition, one past employee there said that our “wastewater recovery system” is barely working and that if it goes down, there is a six month wait for spare parts that are required, which could take down our water company. Besides an issue at your home, no sewage system would mean that the Brassie Grill could be closed for months. As a resident owner at Aquarina, you own and have a mortgage for the Golf course and Club, Brassie, Beach Club, and Tennis Club of over $2,000,000 all of us are responsible for. No funds coming in, could mean higher HOA fees. In addition, it was mentioned at the last meeting that if the business’s failed, that bankruptcy was a possibility.
Our current AGI Board thinks that they are allowed to suspend you from using our clubs and golf course without due process. As a HOA owner of these businesses, are you aware that our ACSA Board is required to get three non-board members to approve these actions after hearing the facts before they can suspend you?
Currently, there are really no benefits from spending your money with these businesses that you help pay for. Shouldn’t we have some advantages other than buying yearly memberships.
Many neighbors think I am running for the Board to stop any spending on the Brassie Grille. Nothing could be further from the truth. My running has to do with ACSA and AGI following the law, which they have not done according to a number of attorneys that are experts in dealing with HOA laws.
Vote to make sure you can review all financials and have a say in what is spent or even what chemicals are sprayed on the golf course.
As previously discussed, this Election may change the direction of the Aquarina Community if the Candidates with different policies than the current Board are voted to a position to create a new Board. It appears that the current Board is scrambling to hold its majority and policies, e.g. apparent confusing election process directions for voting, and a hurried vote for an assessment to the property owners for The Brassie Grille expansion at a Board Meeting, which overlaps the time period allotted for the voting Registration process. Hmm.
Here are some comments on the Board’s email to the Residents on the coming Election voting procedures.
Board comments are followed by our comments in red.
This communication is being sent to help clarify the proxy process for the upcoming annual meeting.
This communication is being sent to help clarify the proxy process for the upcoming annual meeting.
At the last board meeting we answered some questions in a general manner regarding the handling of proxies and have since asked the association’s counsel to provide further guidance on some of those questions and the applicable provisions in the governing documents.
The following is applicable to the proxies for the upcoming annual meeting:
Proxies may be used for quorum and voting
Be Careful here – If a Proxy will be tendered to someone, (and it should not be a Board member if you are not in approval of the current Board’s policies, since that Board member will certainly place a vote for a like-minded Director Candidate to continue the Board’s majority), then the Proxy provider should mail in a Ballot, and write on the Proxy that a Ballot was mailed in. I would think that there should be an ability to do this on the Proxy. Providing a Proxy to a Board Member in particular, where the Member has a right to vote for whom the Member wants is self-serving to the Board, and is not election integrity. Remember that this Proxy offers the ability to establish a Quorum AND vote. The Resident offering the Proxy to establish a Quorum should not lose the right to vote with this Proxy.
The Secretary, or other executive board member properly substituted for the Secretary, may hold and vote proxies – this includes votes cast in the election of directors
Be Careful here – Where is there a check and balance that limits the Proxy in voting? The Proxy holder should look at the sign-in Register which should show if the absentee Voting Member has voted by mail, therefore making the Proxy holder prevented from voting. Do you really want to provide a Board member your Proxy to vote if you’re not in agreement with the Board’s policies? The Board member will vote for Candidates that support the currentBoard.
No member, other than the Secretary or, other executive Board member, properly substituted for the Secretary, may hold or vote more than five (5) proxies
Be Careful here – Again, as stated above, if you are not in approval of the current Board’s policies, then do you want to tender a sitting Board Member your proxy to be able to vote five Proxies for a like-minded Candidate for the Board to ensure its majority?
Proxies must be received by the association at least one hour in advance of the meeting
Be Careful here – Our Bylaws state 24 hours “before” the appointed time of the Meeting that Proxies should be submitted. With all the moving parts of this Meeting, (e.g. the Election of Directors), the gathering, the counting, and entering of Proxies to the sign-in Register should be done in a less stressed time then the day of the Election; not minimal hours before the Meeting and the Election.
Only members present in person or by proxy count toward quorum, those in attendance by phone or Zoom will not count toward quorum
Be Careful here – Remember when we were told to email or bring the Proxy to the Meeting? Why? This creates confusion. You have signed the Register and you’re physically at the Meeting. The Register should show if you sent in a proxy or mailed in a Ballot. May it be possible that the Proxy you brought in gets counted, and you get counted again as being there? Hmm. As an example of this lax election administration, the last time there was an election of Board Director Candidates in the number that we have now with this same like-minded Board, I had mailed in a completed Ballot as directed, and was provided another Ballot upon my entry to the Meeting. Again, Hmm.
BTW – if as directed, you emailed your Proxy, then even more glitches can occur, e.g. a lost email. An emailed Proxy should be replied with a “Received” email to show it was delivered. With the emailed sent Proxy should be an included message stating for which Board Candidates the Proxy should vote, or the Proxy provider should document for the Proxy not to vote for anyone. Now the Proxy is strictly for establishing a Quorum, and to address procedural matters at the Meeting, unless otherwise directed by the Proxy provider.Will this occur? Are received emailed Proxies noted on the Register of Property Owners?
The association has decided to take an ethical approach to handle the uncommon provisions in the governing documents that permit voting of a proxy by the Secretary, or other executive board member properly substituted. See question 3 and 4 of the FAQ’s below for more info.
This statement sounds as a favor to the Residents; it’s the process that is expected for an HOA election, not a favor to the Residents.
2022 ANNUAL MEETING PROXY FAQ’s
1. If I submit a proxy (regardless of the designee) but attend the meeting in person, what will happen?
As a voting member in attendance at the meeting you will count toward quorum and will be able to vote your own ballot.
Be Careful – Here is the confusion. Why bring the Proxy as directed, if you’ll physically be there, which will cause confusion. To clean this possible confusion up, the Proxy should be deleted and destroyed at time of Registration sign-in to prevent any duplicates.
2. If I do not submit a proxy but attend the meeting in person, what will happen?
As a voting member in attendance at the meeting you will count toward quorum and will be able to vote your own ballot.
That’s a correct statement; however and hopefully, there was a Registration sign-in process in place to record the Resident Voting Member and provide the Member a Ballot.
3. If I do not attend the meeting in person and I submit a proxy designating the Secretary OR a Specific Individual as proxy, what will happen?
It depends on whether or not you have submitted a ballot. If you have properly and timely submitted your ballot then your proxy holder will simply count toward quorum and they will not vote your ballot. Otherwise, your proxy holder will count toward quorum and is entitled tovote a ballot on your behalf.
Be Careful here – You don’t want this situation to occur by tendering your Proxy where the Ballot “and” the Vote goes to a Board Member. You should be sure to mail in a completed Ballot as directed, especially if you are not in favor of the current Board’s policies and want new Directors for a change in the Community. Otherwise, the Board Member will vote for current like-minded Director Candidates for the Board to hold its majority. Question – what is the process for the Board Member to determine if a received Proxy had mailed in a Voted Ballot or directed the Board Member not to vote?
4. Will the Secretary, or other executive board member, vote a proxy on behalf of a Voting Member, if a ballot has not been received for that Voting Member?
This year the Secretary is a Candidate for the Board, running for re-election. The board has decided to take an ethical approach to address this provision in the governing documents that permit the Secretary, or other executive board member properly substituted for the Secretary, to vote as proxy for a voting member. Prior to this year’s Annual Meeting, the Board will approve an action substituting the Treasurer for the Secretary. As a result, the Treasurer will be the substituted executive board member who will hold any such designated proxies for quorum and voting, as applicable. This approach was provides an ethical solution to fulfilling the provisions of the governing documents and the duties of the proxy.
Be Careful here – Having someone other than a current Director running as a Director Candidate handle the Proxies is not a favor to the Residents, but a must, ethically. It is well known that in this Election the current Board is in danger of losing their majority position because many of the Director Candidates are not in favor of current Board policies.
Further, it would seem to me that a Resident should have a choice to vote or not. If the required Proxy is tendered for a Quorum without also a Ballot, then does the Proxy holder have the right to vote on a Ballot? My advice is that if a Resident chooses not to vote, then it better be noted on the Proxy, therefore limiting the Proxy to solely establishing a Quorum, and NOT for voting.
Other items to note regarding the annual meeting:
Sign-in for members and proxy holders will begin at 1:30 pm at the Community Center.
If you are a proxy holder, we encourage you to sign-in between 1:30 pm and 2:00 pm.
The annual meeting begins at 3 pm.
Election materials (Ballots/Envelopes) will be available for those present in person at the meeting and will be provided to members and proxy holders accordingly.
If it was the intention to create a confusing atmosphere, then this Board, not surprisingly, has done it. The Board has called for a Board Meeting to establish an assessment for the Aquarina Residents to partly pay for The Brassie Grille expansion; certainly a controversial matter. You would think that a fair minded Board, realizing the controversy, would bring this forward after the election of new Board Candidates, but no. These current Board Directors want to scramble to pass the assessment before the Election.
The Board agenda shows an Open Forum at the end of the agenda, which may be heated. Do you realize the timing of this Board Meeting overlaps the time allotted for the Registration sign-in for the Meeting with the Directors’ Elections? Intended? Hmm.
How to avoid the apparent created distraction of this coming Election for Board Directors is for the Resident Voters to be focused on the following.
A priority action is to complete the Registration sign-in to verify your presence at the Meeting.
During your registration, make sure your name is associated with your Aquarina property address and you receive a Ballot.
If you bring in your Proxy, then make sure you keep it, and don’t give it to anyone unless it is destroyed it in your presence. Your presence goes to establish a Quorum, and your Ballot will be for “you” to vote. The Proxy is meaningless and could cause duplicates if it is not destroyed and given away.
If you emailed your Proxy, then make sure it was received. Also make sure you decided how to vote, i.e. a Mail in Ballot (make sure it was received) or if you want the person assigned your Proxy to vote, then you note in your email for what Candidates the Proxy to vote, and it not being the voting decision of the Proxy holder.
If you mailed in your Ballot, then it should be noted on the Registration Book when you sign-in, and an additional Ballot should not be provided. If you are told that your Ballot was not received, then we have an “Hmm” moment. You can take another Ballot, but it should be noted in the Registration Book that it’s a second Ballot and why.
Remember, the Board, who is administrating the election, is in a self-serving position with the Proxy process. The Board majority is in jeopardy with five Board Director Positions open and 11 Candidates running. Be diligent with the voting and how it is handled, to hopefully result in a fair Election.
Well folks, 11 Residents have thrown themselves into the ring to become an Aquarina Board Director. Three of these candidates appear to be current Directors hoping to continue their directorship, and I would think to continue Board policies. If at least two of these three candidates secure back their positions, then the current Board most likely will have the majority votes to continue their past ways.
However, if I am reading correctly, then some of these candidates’ blurbs on their beliefs for the Community are not necessarily the beliefs of the current Board. These non-Board candidates may be the hope for an Aquarina that will be whole Community oriented, and not be focused on all fun and cabal funded events. By the current Board’s neglecting Aquarina’s infrastructure and making it a low priority at best, the Residents will be looking at even higher costs down the road to replace what could have been restored.
Looking at the arrow illustration above, there are one of two directions to choose. The present Authority Rule and non-transparency with complacent and patronizing Compromise have not served the Whole Community. It’s time for a change where Consensus, and “Voting” for large expenditures, emerge to the forefront of how Aquarina should be democratically served.
Two matters can be addressed. The first involves The Brassie Grille expansion. The cabal Board seems to be moving forward on spending the Residents’ funds on this indulgent expense of expansion. I went out for dinner recently on a Wednesday, about 6 PM, and tried two popular restaurants right up the road (Hwy A1A). The first had an hour wait, and the second appeared packed too; however, a table for two opened for outdoor sitting, which we took. As I came home around 7:30 PM, I pulled into The Brassie Grille parking area. There were no cars, and The Brassie Grille was dark. What a contrast for these three restaurants, especially for this popular Easter time period. . . . and an expansion is wanted?
The Board has a ploy to secure funds, in a circular way, which was implemented with the golf irrigation well. The ploy is to have some of the cabal folks offer to pay (as lenders) for what the cabal desires, e.g. the well, the Brassie expansion, etc., and foist loans on the Residents at a healthy interest rate, to pay back to these individual cabal lenders. Hmm – it certainly is a win-win for the cabal. The cabal comes up with an acquisition and indulgent expense, creates loans from cabal members for its acquisition funding, and places the loans with very nice interest returns on the Residents. The cabal reaps and secures what it wants, and has a payback of their loans with interest too.
The second matter concerns the election of five director positions this spring. Five of the seven director positions need to be filled; April 18, 2022 is the deadline for submitting an application to be a candidate. This situation is a huge opportunity for Aquarina’s Silent Majority to step forward and take control of the Board, and change the direction the community has suffered for the past several years, i.e. a selfish Board control where one social stratum is served, and the other social stratum is ignored. In other words, the care and oversight of the Whole Community, as opposed to the funding of the cabal’s entertainment and socializing. Both are parts of a healthy community, but there has been a selfish imbalance existing for far too long.
There needs to be five like-minded candidates for these five open positions. The opportunity for a positive and fresh approach to Aquarina is at hand for the taking. Are there any among the Silent Majority, who may coalesce together as a united force of change? Cabal members understand this dilemma for themselves, and certainly will rally to place five of their followers on these coming open positions. Will Aquarina’s Silent Majority speak?
Nothing like color graphs, charts, etc. to give credence to a false and weak argument. What you see above is a mishmash of data and statements with no sense of continuity, a confusing sequence of data strings, and a lack of common reference. It shows contradictory and scattered numbers from different sources that don’t amount to anything. With this reasoning presented, do you really want these folks to be responsible to spend your $500,000? This could be scorched line by line, but why waste the time; the Residents can see for themselves the blunder and confusion of it all. It’s all spin, propaganda, and misdirection, and the Board doesn’t do itself any favors with its attempt at a PowerPoint Presentation.
It all can be explained in a simple way, i.e. show us the Profit and Loss Statements of the Brassie Grille over the past three years without the subsidies from the Residents’ Funds. Let the Residents see how the renovated and expanded restaurant has the profits to come up with a down payment and pay the amortization of the loan amount. Show us the profit per table and the expected extra tables the renovation will accommodate. It’s all in the numbers. Show us the contractor’s proposal of how the $500,000 will be spent; be transparent.
The only way to change this “We’ll do what we want” mentality of the Board is to have a newly elected Board of Directors, whose goal is for the sustainability of the whole Community through its infrastructure, its maintenance, its presentation to the public, and the safety and welfare of its Residents. Right now we have a Board that’s focused on spending the Residents’ Funds on non-priority projects, and without the Residents’ approval.
The entrance to the community, e.g. roadway, gates, lighting, etc., needs to be addressed now, and not 2-3 years from now because of the excuse that the Reserves for the roadways need to be further funded. If $500,000 can be borrowed for a discretionary indulgence, i.e Brassie Grille expansion/renovation, then why can’t we spend the $500,000 on an immediate need, i.e. the community entrance, which certainly will better serve the WHOLE community?
An example of road infrastructure conditions, and a lawsuit waiting to happen.
Seen again, and again, and again. A poor design, poor engineering, a poor choice, and no apparent maintenance, e.g. there are plastic wingnuts securing the pole gates that should be checked regularly, since the constant movement loosens them daily. I’ve tightened them after fixing a dangling pole. Oh yes, in addition to again and again, there’s BUMP, BUMP, BUMP, as we enter and leave the Aquarina entrance (all those sunken pavers).
It’s been this way for years, i.e. lettering not centered, not level, and a sign in need of cleaning. “Welcome to Aquarina . . .” Nothing like first impressions.
A listing and off centered sign as the first impression of Aquarina for entering guests. “Gee – it looks like entering a 5 digit pin may topple the whole thing.”
A near 40 year roadway with no maintenance or updating.
It’s been like this for years. Is pressure washing an over budget item?
More of the same.
. . . and more.
Yet still more.
Our roadway entrance, which has been in this condition for years.
Now here’s a crosswalk with clear visibility when entering.
Yes, it’s been this way for years.
Do you see what our roadways should look like? This is one of our Aquarina neighborhoods where maintenance of its roadways is a priority. The obvious contrast of priorities is clear.
We are told that on February 15, 2022, the Board will provide an open forum with limited speaking time for the Residents to discuss the expansion of The Brassie Grille. A lot can be said on this expansion for the Aquarina Community. It appears that the Board wants to plead their case for the necessity of this HUGE EXPENSE.
BACKGROUND ON REMODELS/RENOVATIONS
I can tell you from being in the real estate business for decades, and having done and paid for renovations and remodels, that any cost we will be told will be much more for many reasons.
A remodel/renovation can be a like a Pandora’s Box and a Can of Worms all wrapped into one. You knock down walls, rip up flooring, take down ceilings, and sometimes you don’t know what you’ll find that can change the whole direction of your project. Do you think that may add to the project’s cost?
In this current environment of supplies, labor, and rampant inflation, is anything expected to remain stable? Projects all over are not on schedule with far out estimates at best when deliveries will be made, and supplies and parts being available. Do you think that may add to the project’s cost?
As the reality of a project evolves, what is on paper can be different from the actual construction and its appearance. The results can lead to unexpected subtle changes and additions to what was initially intended, as the reality of the project emerges in real time. Do you think that may add to the project’s cost?
A remodel/renovation is a fluid event, and its initial projection of cost will be more than initially thought. The last estimate was around $700,000. Trust me, the cost will hover at near $1,000,000. This is an indulgence and an extravagance. There are many other priority items needed for Aquarina rather than this toy.
WHY AN EXPANSION WITH THE FOLLOWING REALITY
The Brassie Grille has always been a pleasant, convenient, and comfort food establishment over these many years. That was its intention for the community, and it worked. I see less everyday traffic now at the restaurant than I’ve seen in the past, even factoring “Covid”. Other nearby restaurants up and down the highway are constantly filled. Maybe the original business model of convenience and comfort food needs to return. The current restaurant layout accompanied this business model. Sure, some better equipment could be installed and work stations adjusted, but an expansion is beyond the original business model, i.e. convenience and comfort food, which worked. Does the Spessard Holland course need a fancy restaurant to draw folks? Their parking lot is always filled with players. Maybe their business model should be studied and exercised at Aquarina.
It’s apparent to most in Aquarina that there is a group of golfers, some tennis players, and social types that have an agenda for their entertainment, and they want to foist their plans to support and embellish this entertainment juggernaut upon the Residents, e.g. The Brassie Grille expansion, regular social events, and golf course embellishments. Does the whole community participate in this entertainment juggernaut? NO. Has the Aquarina Community, through its fees, subsidized this entertainment juggernaut for this social segment? YES. Does the entertainment for a community “segment” warrant a near $1,000,000 expense to be paid on the backs of the “whole” community to provide a “theater/stage” for its social events? Socialization in a community is healthy and positive, but when it’s skewed to a few at the cost of others; there needs to be a pause and a regrouping to formulate a total community approach.
The Board focus is more on entertainment than the work at hand, which is to maintain a safe and secure community in a cost effective manner. The priority is to establish a daily maintenance schedule, fund the reserves for replacement and repairs (not Betterments, i.e. added costly amenities), be vigilant with keeping Aquarina a jewel in its presentation to the public, and supporting its infrastructure and appearance, which in turn will keep up home and neighborhood values. This is especially so if the Board’s mantra would be to keep maintenance fees down, which also bolsters home values, and spend less time with spending on projects, i.e. Betterments.
QUESTIONS FOR THE FEBRUARY 15 TOWN HALL
Asked at the last town hall presentation with no answer was:
HOW WILL THIS EXPANSION BE FUNDED AND PAID FOR?
An expansion of this magnitude certainly should be supported with a cash flow stream to substantiate its cost.
CAN YOU SHOW A YEAR TO DATE PROFIT & LOSS STATEMENT FOR THE BRASSIE GRILLE WITHOUT SUBSIDIES FROM THE RESIDENTS’ FEES?
With a potentially near $1,000,000 expense foisted on the Residents’ backs, it would be prudent to have the Residents have a say on this expense.
WOULD THE BOARD PROVIDE A MEANS FOR THE RESIDENTS TO TAKE A VOTE ON WHETHER TO EXPAND THE BRASSIE GRILLE OR NOT?
WOULD THE BOARD ADHERE TO THE RESIDENTS’ MAJORITY VOTE?
There are preliminary costs to determine a design, pay governmental permitting fees, hire an architect for required plans, funds to cover a loss of revenue during construction, etc.
WHAT IS THE ESTIMATE OF THE PRELIMINARY COSTS TO GET THE EXPANSION OFF THE GROUND?
WHAT WOULD BE THE TIMETABLE FROM PERMITTING TO CERTIFICATE OF OCCUPANCY?
Major remodeling, which this would certainly be, requires upgrades to the entire building to meet current building codes, especially for hurricane protection. Because of The Brassie Grille’s proximity to the ocean, Windstorm Insurance Rates are higher.
WHAT WILL BE THE ANNUAL INSURANCE PREMIUM INCREASE FOR THE PROJECTED COMPLETED EXPANSION?
An expanded facility would be expected to incur more employees, more equipment, and more furnishings, etc.
OTHER THAN THE CONSTRUCTION COSTS, WHAT TOTAL COST WOULD BE EXPECTED TO FURNISH THE DINING AREA, ADD APPLIANCES TO THE KITCHEN, AND ADD EMPLOYEES?
It would be expected that the Board discussed this expansion project, and it would have been voted on as a Board.
WAS THERE A BOARD VOTE FOR THIS EXPANSION?
IF THERE WAS A VOTE, THEN WHAT WERE THE RESULTS, I.E, THE COUNTED VOTE?
IF THERE WASN’T A VOTE, THEN ALL MEMBERS AGREED?
SUMMARY
It’s all pretty simple. Aquarina’s infrastructure, e.g. roads, entrance, gates, etc. are all in the need of repair and replacement. The roads and entrance are nearing 40 years with no history of replacement or upgrading. Addressing the infrastructure is an immediate concern with no plan in place other than kicking the can down the road (no pun intended) with a “to be discussed mentality”.
Yet, here we are discussing a comfort food restaurant’s transformation into a theater/stage and temple of pleasure for upscale meals, and a venue for parties and social events. It is not being said that these activities are sinful and unwanted. It is being said that these activities are not a priority and need to be measured with the demands of the whole community, i.e. addressing an upgraded entrance and roadways, and reserves accelerated in accumulation to be ready for a near 40 year old infrastructure in need of repairs and replacement.
The whole community wins with an entrance and road upgrade, which will notably raise home values. The Brassie Grille expansion, with the current needs of the community, is a demonstration that our current Board’s agenda for Aquarina seems to show a selfish attempt to satisfy a segment that are more concerned with their personal enjoyment, among its group, than a focus on maintaining and providing a safe and secure community, as what should be the Board priority.
Fix Aquarina with a focus of the WHOLE community. Keep the Betterments spending of our funds off the table until the infrastructure of Aquarina, which is its foundation, is addressed and fixed. THESE, MY FELLOW NEIGHBORS, ARE THE MORAL AND FIDUCIARY RESPONSIBILITIES OF AN HOA BOARD.
Maybe a new Melbourne Beach home for 2022? See below.
Steps to your community river pier and steps to your community ocean access.
See the link below for more data on this special property; it’s just up the road, on a private one street cul-de-sac, and sits on a landscaped half acre. Not many folks know of this hidden village.
