Let me first say that Aquarina as an entity and a community will survive and is bigger and will outlast the petty politics, and grade school behavior (from my personal experience with ACSA Board interaction) of those now in control of Aquarina’s administration, i.e. the ongoing Board of the ACSA, its operatives, the AGI, and First Service Residential. Aquarina is bigger than the minions attempting to run Aquarina’s operation. Certainly, there are those among the administrative circle who have good intentions, and occasionally perform appreciated deeds for the Residents; however, and unfortunately, it’s those among the self-serving cabal, who have reigned misery upon the Residents with its failures because of its narcissistic and its incompetent conduct.
As an ongoing Resident here for decades, I had assisted the German developer, the Warsteiner Beer Family, selling their product of residences, i.e. condos (Tidewater and Egret Trace), and townhomes (Blue Heron). When the Germans sold its development to another developer, other residences, including single family residences emerged, and continued to grow, and there is still space for more growth.
Aquarina is unique to Brevard County in its composition, both in design and location.
There can be two areas to evaluate when you have a community like Aquarina. Its resort characteristics jump out first, e.g. private ocean access, river access, 18 hole golf, gated, clubhouses, pool, etc. This is all great stuff, but being great stuff, it requires oversight, and, more importantly, knowledgeable maintenance. Then there is the entertainment aspect, which can be a narcotic, especially, when you factor in a socialization and wanting to belong enticement. Golf, tennis, fishing, biking, various social clubs, all contribute to this enticement to gather, and have friends; it’s expected and natural.
However, it would seem that the administration of the maintenance would be a priority. BTW – this priority also includes Expenses and Reserves, and to a lesser extent, Betterments (costly additions to what is thought to be improvements to the community). It’s the Betterments where the ACSA has apparently focused, and where an enormous amount of our funds has been spent without Resident input. You would think the mindset for Betterment would be tempered with the current local and country-wide state of the economy. With rising inflation, rising insurance costs, and new Florida requirements for buildings, was there a concern on the financial stress that could be suffered by the Residents? Were these indulgent and discretionary decisions creating immense costs (e.g. the un-needed renovated restaurant and the un-needed totally renovated Lakeside Pool) acting in the best interests of the Residents and practicing a fiduciary responsibility for the Residents Funds. This was the oath these ACSA Directors pledged to be Directors.
Keep in mind that in addition to maintaining the infrastructure of a resort like Aquarina, there is the continued cost of two possibly revenue generating businesses, golf and tennis. The caveat here is that these two businesses can be socially driven and also revenue driven. To further stir the pot is that there is almost $3M in yearly maintenance fees that are available to whomever is in charge of administrating the funds. Now let’s summarize what we have here, 1) A resort type community with an infrastructure of certainly costly and valuable assets to maintain and operate, and 2) A band of concerned and enthusiastic Residents materializing through a political atmosphere to seize control, through the means of an election to secure directors to run the community from their band of volunteers. The possible result is that this band of volunteers now have placed themselves in a position of control to oversee a resort to enjoy for themselves, and with anyone else from the community who enters their cabal. Remember, there is an annual and continuing war-chest of nearly $3M that must be managed by guess who? The name of this scenario is an HOA (Home Owners Association), all done by volunteers.
Before I continue with examples of the results from which I just described, and possible alternatives that could be implemented to neutralize the narcotic driven actions Aquarina has been experiencing, I will tell you where my point of view on resort communities was derived. For over the past 43 years I have been, and still am, a real estate broker in both Florida, particularly Brevard County, and Hawaii, particularly on the island of Maui. I have companies in both locations, and I commute back and forth overseeing these companies and my agents. The Hawaii company has been downsized, with less travel there, but the company here, Premier Properties Real Estate remains very active. I worked with mostly Resort properties on Maui, and Residential and Commercial properties here in Brevard. I have served on multiple HOA’s in all officer rolls here in communities in Melbourne Beach, including Aquarina.
Now to review what we have experienced, and in some cases endured, here in Aquarina, the following are examples.
- The Aquarina Bylaws provide that the Board of Directors decide from the maintenance fees, which amounts are spent on expenses, reserves, and Betterments, Betterments being improvements and major repairs. The big ticket items for Betterments that have been spent are a new maintenance building for golf, a water well for golf, and new equipment for golf. The Betterments continue with the gym being relocated to the administration building, and the auditorium for the Club House expanded. Further Betterments spent were the total renovation and expansion of the Sports Bar, the Brassie Grille to a full-blown new restaurant, where a current restaurant business, is hopefully paying the Residents with a lease.
These Betterments were well into six figures, with the Brassie Grille falling into the seven figures. These expenditures were all determined by the Volunteer Directors. There was no Resident vote. There was no Resident and Board discussion. Shortfalls arose with the restaurant. The Board beseeched its cabal of followers to make loans to the Residents, probably for construction overruns, that would be repaid to the followers with a market interest rate. What about the Residents that did not want a $1M plus restaurant? They were forced to pay on a created loan by a fellow Resident that they would have to pay back plus interest. You could call this a win-win for the cabal. Hmm.
SOLUTION
Many HOA’s have in its Bylaws that when an expense rises above a threshold amount, a Resident vote is requires to approve or not approve the expense amount. Aquarina could create such an Amendment. We need a Board and a process to suggest that approach. Residents could request that such an Amendment be crafted. It makes sense not only to control the spending, but it also provides an avenue for a discussion about the need for the expense.
- An interesting matter has arisen that appears to have occurred with our recent Board of Directors’ election. The Bylaws are very specific on the qualifications for a candidate to run for a Director’s position. Article V Section 1 states a candidate must be a Member of the Association, i.e. an Aquarina property owner, or an officer of a corporation that owns an Aquarina property. One of the elected Directors may not be a property owner per the County records. If this is the case, then the vetting process by First Service Residential and the ACSA Board did not occur.
SOLUTION
There would need to be an Amendment to our Bylaws to make an exception to Article V Section1. This writer could not fine such an Amendment. If it does exist, or if there is another explanation, then can someone share it with our readers?
- With a community, such as ours, Handicap concerns should be a priority and should be addressed without delay. This has not been the case with our ACSA Board. The lift/elevator in our beach clubhouse has been inoperable the most of the past decade. Repairs were made and failed. Now it is allegedly fixed; however, an 8.5” X 11” sheet of paper is taped to the elevator door to provide instructions for its use. What! I have seen one button elevators for up and down use in residential homes with less space available for an elevator than what the Beach Clubhouse offers. Over $1M spent on a restaurant renovation for fun, but a simple operational elevator for handicap Residents for use of their Beach Clubhouse is an afterthought.
In addition, the existing handicap ramp for beach access was nearly not completed because the permits were left to nearly expire, until someone reminded the ACSA of the soon terminating permits. Again, the priorities of the ACSA Board are Entertainment, and its Administrative responsibility in many cases is put off to be a quickly addressed burden. First Service Residential is a responsible party too. Along with AGI, the two are no more than pawns in the ACSA cabal’s focus for fun and control.
Yet another failed matter is the water supply at the boat ramp. We have a wonderful launch and fishing area here in Aquarina. The water supply has been down for weeks because of an alleged water leak, and certainly is an important feature of that facility to address asap, and to provide updates as to its resolution.
SOLUTION
We need a meeting before a Board of Directors’ election, where candidates can be quizzed on their priorities, and provide answers to a Meeting of Residents, i.e. a Townhall Meeting. Having a social gathering with adult beverages is not the path to determine the feasibility of a candidate’s focus before a group of Residents, and for the Residents to make a clear decision on which candidates will work for an Administrative focus, whereby Residents approve large spending decisions, and the candidates have a focus for the well being of the whole community.
- First Service Residential (FSR) needs to be re-evaluated for its performance. Its participation and its complicit behavior of the past flaws in the ACSA’s decisions shows its allegiance, and the result of its incompetence is well documented. Its representatives stay huddled in the Administration Building. Do you ever see them in the neighborhood overseeing the daily condition of the community, or engaging Residents? Probably once or twice. We do pay their salaries; however, the ACSA cabal controls their actions; they are its confederates and spokesperson.
In addition, the flag of failure, now hovers over the ACSA with the Lakeside Pool debacle. This Blog has provided the narrative of this disaster, and the Lakeside Pool area remains a scar and a festering boil on the Aquarina community. It’s not what you would expect to see in a Resort community, and it’s going on for nearly three years.
The current status is not good. We were told the pool area would be leveled and cleaned up, and construction materials brought to the pool site – weeks ago. As of a few days ago, the Brevard County Permit Office shows 4 of 5 requests from over a month ago still stand unanswered from the pool contractor.
The Pool Contract, which was heard to be not reviewed by Aquarina paid attorneys, and if it was reviewed, then that’s a further problem, is unclear and worded to be open ended. August 15 2024, appears to be the commencement date of construction; however, the two year period to complete construction commences at the time the slab is poured, which was to occur “on or about” August 15, 2024. The slab still does not exist to this date.
Again, this could be interpreted to be an open ended contract, which means it could be contrived to go on and on, and it appears to be going in that direction.
SOLUTION
The question becomes, when will the Pool Residents say “Enough”? How further will the knife need to be deepened into the Pool Residents, until their patience becomes over? Unfortunately, any legal action would not help speed this endless process, rather it would bring the process to a standstill. It’s a standby situation on this dilemma; the ACSA needs to fess up to its blunder, provide transparency for its efforts to correct what it’s done with weekly updates. If this action is not done, then it’s a further slap in the face on the Pool Residents., and demonstrates the evil of which this cabal is capable.
- Further festering facts –
The Pool Contract with Phoenix as agreed to by the ACSA has been a disaster for Aquarina, and especially the Pool Residents. The Lakeside Pool debacle is the “Poster Child” for how the ACSA behaves.
Check the Aquarina site for the 2026 Aquarina Budget and a Lakeside Pool P&L, and find a required accounting for the Lakeside Pool, i.e. name of bank holding and showing the balance of the initial $300,000 assessment, and the expenses accumulated. If it is found, then share where in the Financials the information is exists, or even where it’s buried. I have looked and asked to no avail.
If you go through the conspiring and perpetrating participants in the ACSA’s Lakeside Pool debacle, you will find that all have left Aquarina, are selling their property, or left their positions in the Aquarina community. Hmm.
SOLUTION
A Final Note on what requires investigation is to have the golf course professionally managed. AGI’s participation does not lend itself to an arm’s length relationship for a business connection. A social aspect may be between the golfers and AGI, but the management aspect should be solidly separate.
Further, it’s the marketing operation of the management that needs to be addressed, to increase the golf revenue rather than having the Residents continually subsidize the golf’s operation. The golf maintenance has always appeared a solid part of the golf’s operation, the marketing needs to follow.
Actually, the same should exist with the current restaurant business in our new renovated $1M plus renovated building. The Residents’, and particularly ACSA’s focus, needs to be collecting checks from a golf management company, and the restaurant business owner, with no intermingling where favors emerge.
