Aquarina Townhall Blog

The Bad News Coming is that the Board President has been called out via an attorney demand request for the financials of AGI and the alleged attorney opinion that has been used as reason not to disclose the requested financial data. Florida Statutes are very clear and certain on providing all financial data to the Residents upon request, i.e. where and how all the Residents’ funds (the AGI subsidies) are spent.

The Board President, with allusions of grandeur as Aquarina’s self-emboldened and self-appointed dictator, allegedly refused to accept the Registered Mail attorney request.  Why?  Is it because the financial data is being covertly withheld from the community, i.e. no transparency on the spending of the Residents’ funds?  The $1,500,000 provided each year by us, the Residents, in fees has become the Board President’s war chest to fund his own personal agenda (explained below) in ruling Aquarina. The irony of all this will be when the President hires the Board attorney to defend him for not releasing the data.  So here we are spending our insurance moneys to defend the Board President from breaking the law by refusing to be transparent with our own (the Residents’) funds. Do you think our liability insurance policy premium will rise?

Let’s look at the sequence of events.

• A new Board President comes upon us with a personal agenda, i.e. to take over and rule Aquarina.  The purpose of this hijack is to form a cabal of golfers and turn Aquarina into a Golf and Country Club.  The cost for this endeavor will not be from the Golfers and Golf Club members, but from the whole community whether a Resident plays golf or not.
• The Onsite Property Manager at the time of the new Board President’s election and subsequent actions, realized the President’s agenda, and became in conflict with the President’s demands.  The Property manager was threatened and released.
• A new Property Manager was provided by First Residential, and then nurtured to be, what many consider, the new Board President’s shill.
• The new Board President had a personal agenda (have Golf be the focus of the community), to drive Aquarina toward a Golf takeover, and he needed a political base, all loyal to him, to support his takeover.
• To establish his rule, and as a golfer, the President looked to his fellow golfers for recruits. He then establish a base of minions, acolytes, and disciples for his political support.
• The mechanics of AGI, i.e., Brassie Grille, Aquarina Golf, and Aquarina Tennis, were a perfect base to implement an offering of affordable fun, entertainment, and socialization for his political base to grow and foster a following.  After all, the $1,500,000 in annual Resident fees would be available to fund the AGI businesses for maintaining and fueling his tribe.
• The new Onsite Property Manager, i.e. the President’s Communication Director, supported and promoted all the subsidized social activities to bond the tribe, acting as a social secretary, and not a mentor to the welfare of the community (the job First Residential expected her to do).
• Spending began to occur, mostly for golf and accommodating the President’s tribe of followers, e.g. a complete renovation of the Golf Maintenance Yard and the Administration Building, instead of opting for only cost effective repairs, spending tens of thousands of dollars for a golf tractor washing station instead of suitable showers for the Residents at the deck crossovers, moving the perfectly suitable gym facility, creating more costs, to a cave like location in the Admin Building (for the reason to expand the meeting room to house the President’s self-expected hordes of followers at his meetings and events).

Now a golf irrigation well is being considered at a cost of hundreds of thousands of dollars with no clearly explained reasoning to show that it makes sense – just a spin.

The purpose of the Board is to serve and maintain the community.  The purpose is not to rule and change the community, as we now have.  Any change to our common elements is a community and democratic decision; not a one man show decision.

The Board is meant to protect the welfare of its Residents and their properties, which, in this Board’s case, has not be done, e.g. the deterioration of our roadway entrance, the lack of maintenance and housekeeping at our Club Houses and common areas, including daily cleanup, which are obviously not a priority.

For example, the beach crossovers have been controversial from the start.  Our community is made up of mostly retirement age folks.  The stairs are a challenge for many, as, very unfortunately and tragically, was exemplified by the terrible accident with a Resident guest at the main crossover stairs.  Our prayers are with this person for a speedy recovery. 

A correctly placed handrail had recently been installed (long overdue) to assist to navigate the arduous stairway. The south crossover still waits for corrective action – why?  Community Parties are easily arranged and funded, but not a railing.  Further, florescent skid proof caps should be placed at the outer edges of each step for visibility and to protect the wood edge from splintering.  These deck planks need annual sealing to put off deterioration and cracking.  BTW -Why was fiber board not used, which would be more durable?

Note all the effort put out by our Onsite Property Manager for social events communications. Note all the Newsletter ravings about new projects, which are fulfilling the President’s Golf Agenda.  How about all the maintenance that has been ignored? With the number of Residents and the daily use of our many facilities, a daily sanitation/cleaning service should be in place to service these facilities for the welfare of the Residents.  At any one time, 1,000 to 1,500 folks are using and pass through our facilities.  This usage requires regular oversight for the welfare of the community.

I have been in this area and Aquarina for decades; the word on the street is that Aquarina has a strong party element and the community, on the whole, is looking tired and neglected.  Is this what we want for Aquarina?

There is a simple step process for the Board to address.

• The Board Members must see past the President’s personal agenda (note the email of the new Community Rules much of what was vague and unclear) that was sprung on us with no Resident input and, I am sure, very limited Board Members’ input).  Maybe it’s time for the Board President and the Onsite Property Manager to step down and leave.  There is an attorney now on the Board, who has been in Aquarina for decades and over the decades has and does specialize in HOA and Condominium Law.  He knows Aquarina and the Law, and he should be selected to replace the current Board President.  Enough damage has been done.
• All AGI businesses should be financially transparent and an attempt should be made for these businesses to run and fund themselves.
• A top to bottom evaluation needs to be done, starting with the basic common elements, e.g. daily mechanical operations, building and other common elements’ maintenance that experiences daily use, reserve fund evaluation for the expected repair and replacement of these common elements, and a daily, monthly, and a yearly checklist to monitor these common elements.
• An audit of the Community’s financial obligations.
• An audit of the AGI businesses to determine the most cost effective way to run them with the goal to be self-sufficient. Golf would be a focus because the course is mortgaged and needs to be viable.
• Funded social events for the community are to be considered based on the above items being addressed first.  

BEWARE OF “BETTERMENT”

The Board Meeting this week has “Betterment” on its agenda.  “Betterment” is a term in our documents that describes a Board’s action with our reserves.  Other actions include “Maintenance” and “Replacement”.  Unfortunately, and with the mindset of the Board we have, these can be discretionary.  We know that this Board, which means the Board President, does not have a cost effective approach with our funds. The “Betterment” card may be played, and rather than spend reserves on needed maintenance items, the reserves will be spent for added common elements for Golf and Social Activities, which would result in added maintenance expenses.  Remember, our funds are already a Budget line item for several hundred thousand dollars to subsidize AGI. Listen closely for the “Betterment” explanation.  Aquarina cries out now for “Maintenance” and any needed “Replacement” AND NOT “Betterment”.  And BTW – “Replacement” does not mean complete renovation.

A final note –

This is not a Golf and Social Events bashing.  However, it must be remembered this a full resort community, of which Golf and Social Events are but a part of the whole equation.  In addition, there needs to be a priority and measurement with the expenditures for the whole community to be served equitably, from Resident participation to overseeing the common elements. The current Board and its Board President have lost sight of our global community and its global needs.

Good Luck to us all. 

Finally, and long overdue, among other needed actions, a handrail at the main beach crossover has been installed at a proper elevation for using the stairs.  Hopefully, another proper handrail will be installed at the south crossover.

A band aide approach to the rinse area at the main crossover deck with a shower head is better than the previous hose nozzle.  As this Blog has suggested, with its many other needed suggestions, a shower tower should be placed on an extended platform off each of the deck crossover areas, similar to what is available at the County Beach Parks.

With all the Resident funds spent on AGI and Golf matters, these above mentioned items would be merely a token for the community, and would serve all of Aquarina, and not just the Golf community.

Oh, yes. As previously mentioned, having a Video Cam at the Beach Club House would be a wonderful addition to our beach side community. A camera mounted on the Beach Club House would provide vistas of our private beach to see the ocean conditions, the weather, the status of use with the bathers, and fisherman, etc. Folks could have this visual to decide on going to the beach or not. The cam could be accessed from the Aquarina Website of which all the Residents have computer access.

When this Blog emerged several months ago, it was meant to offer an alternative opinion on the ongoing status of Aquarina, and it offered a platform for folks to voice their point of view.  It was meant to create a community dialogue; it was not designed to be one sided. The current Visitor Count to the Blog since its inception has surpassed 18,000 Visits.  Its existence has only been publicized to Aquarina Residents, and not to the general public.

Informational Posts have been offered in the Blog for the Residents to be apprised of community and general HOA matters.  Among the Posts had been daily announcements of The Brassie Grille’s Lunch and Dinner Specials.  These Posts were appreciated, which offered the Residents an easy and convenient way to check on the Brassie Grille’s daily menu items for which to come over and enjoy.  These daily Posts generated anywhere from 50 to 200 Resident visits a day on the Blog.  It was great for The Brassie Grille, and it was great for the Residents.

However, several weeks ago, the Board decided that The Brassie Grille was to no longer provide the Daily Lunch and Dinner Specials to the Blog.  Why?

It is very apparent that the pushing of an agenda with Bullying behavior, and no tolerance for a contrary opinion to the Board’s ways takes precedence over any positive assistance The Brassie Grille may have been offered to make it more successful.  The irony is that here is an AGI business that could be thriving on its own, which the Board obviously rejects.  Why?

The Brassie Grille is used by the Board as a perk for its disciples and acolytes.  The Brassie Grille’s potential to be self-sufficient as a business is not a Board concern or a goal. After all, the Residents will be funding and subsidizing The Brassie Grille and all of the other AGI businesses with $100’s of thousands of dollars each year.

And, oh yes, the specific financials of these AGI companies are not available to the Residents as they should be per Florida Statute, i.e. 720.303(4)(j)and1.  Hmm.

The Board Newsletter, more or less a propaganda outreach, does have a positive splash in that it highlights the Residents having fun at the planned parties and enjoying their camaraderie with the volunteer run events. The photos do show a happy bunch.  Certainly positive for the community.

Though the ongoing financial irresponsibility the Board has thrust on the community continues to fester beneath the smiling faces we see in these newsletters.  It is apparent that a segment of the Residents are having a wonderful time here at Aquarina. There always appears to be a plethora of activities in which to participate making for a social vibrancy.  However, the appearance is that much of the vibrancy is centered with the golf crowd, to which the Board cuddles.  It would seem as a Board, the focus should be with all the Residents, e.g. notice that when a particular affair or event is announced in which ostensibly the whole community can participate, the affair is typically closed within two days of the announcement because there is no more room to accommodate maybe other interested folks, other than the continued same segment of the Residents.  This has happened more than once.  I’m sure the affair or event is mostly filled before it’s announced by those “in the know”.  Regardless, people are enjoying themselves – a good thing. However, let’s be sure a community event can accommodate all.

Now let’s proceed through the “Projects” in the Newsletter that are completed and underway.  Ah, there is the unsubstantiated irrigation well project.  I have not seen any clear numbers that demonstrate any savings by spending $100’s of thousands of our funds on a well.  The wild card, which would mitigate any savings, is Aquarina Utilities, a family run water treatment business that is allegedly for sale.  Believe me, they will make up, with higher potable water rates, of any lost revenue from losing the irrigation account. Wouldn’t it have been more cost effective to plant grass with a high tolerance to minimal irrigation in the fairways?  Hmm.

With reference to the Irrigation Well, we were offered some financial gibberish about “self-liquidating debt”. The essence of this phrase is that the debt will be paid off from the assets that were obtained through the debt. Really? The ruse is that what we were paying in irrigation fees will now be paying for the 1) well, 2) its ongoing maintenance, and 3) the unknown increased cost for our potable water (Residents’ water rates are not controllable). There is no control over any of these costs. Remember, with the present irrigation cost, it can be controlled with usage and the planting of grass that is tolerant to minimal irrigation. The costs associated with the Irrigation Well will be far more toxic to the community. Oh yes – this is an expense for golf.

It’s interesting that this Blog has brought to light over the past months many of the areas that are now being addressed as ongoing “Projects”, e.g. re-coating the asphalt roads, which should include pressure washing and striping, and paver resetting and cleaning; installing new HVAC systems in all the buildings, which should include service contracts; and placing video cams at the Beach Club House, etc.

All these “Projects” should have had a priority over the moving of the gym, the renovation of the Admin Building to accommodate the gym, and the rebuilding of the Golf Maintenance Yard.  These “Projects” were discretionary and self-serving, and cost the Residents unnecessary funds.  The Admin Building and the Golf Maintenance Yard were subject to new and expensive construction requirements because of their renovation, where, instead, these facilities could have been repaired to their previous functional condition at a far smaller cost.

Though this Blog may be the sole active voice in its opinion on how Aquarina should be better served, we do have a democracy in this community where we are provided with a process to vote if we believe that Aquarina should be on a different path.  Time will tell if Aquarina stays on its current path or diverts itself to the roots of its past where the whole community participated in decisions for the betterment of all, and not be subject to a forced agenda by a few.

Not only the Board bungled, but our Onsite Property Manager was also a part of still another misstep.  BTW – isn’t the Onsite Property Manager a certified and credentialed individual, whose purpose is to counsel and direct an HOA Board of Directors in the proper procedures with the housekeeping of running a community?

Florida Statutes lay out the mechanics for the Board of Directors and their actions, which include called Community Meetings, like our Annual Meeting.  We were told in e-mails and correspondence that there would be no election for Directors, since only two candidates had submitted “timely” applications.  Remember that the Board provided confusing dates and days for what “timely” would be. Further, we were provided a Meeting Agenda with no announced matter(s) for which to vote.  Hmm.  No Director elections and no matter(s) for which to vote.

Per the Statutes, a Quorum is needed for a Meeting, and in Aquarina that means a majority of the voting members, if there will be voting.  Gee, we were told that there would be no voting for Directors and that the Meeting was informational, i.e. no matters for which to vote.  No voting means no Quorum is necessary.

Yet, our Onsite Property Manager told us that the Proxies, which were mailed to all the Aquarina Voting Members (Property Owners), were necessary to be completed and mailed back to be sure that a Quorum could be established for a Meeting to be held. What?  A Quorum is not required at a non-voting Meeting.

But wait.  The Proxies were assembled to read that to whomever the Proxy was assigned, typically the Board Secretary or other Board Member, would have absolute voting rights for the Property Owner who assigned away his or her Proxy. Wow. A proxy can be assembled for a particular vote and not open voting, the mailed Proxies were assembled for open voting. The mailed Proxies are open for any voting that could occur if a voting situation was disclosed before the Meeting Agenda.  At this time no voting has been announced, as of yet.

However, this Proxy request seems pointless if no voting is to occur – right?  The Residents, being told that no voting would take place at the Meeting, might decide to not attend, and instead just complete and mail back the Proxy, and maybe read about the information nature of the meeting rather than attending it.

This would mean that if the Board decides to amend the Meeting Agenda, after the Proxies were mailed out and were returned, that the Board (with the probable majority of assigned Proxies in hand) could now vote to pass any matter that the Board added to the Agenda.  Would you be surprised if this course of events evolved?

Information Alert.  The Board Meeting for today was cancelled. Hmm. The purpose of the Meeting was for the Directors to vote to reduce the funding of the Reserves to create more cash flow, or vote to not reduce.  The Board needs available funds to pursue its Agenda.  Guess what the Vote would have been. Reducing the funding of our Reserves adds to the deteriorating conditions that are ongoing in our Community, since sufficient funds would not be available to address needed common element repairs or replacement.

Okay.  First they mail us, and tell us only two folks submitted an Intent to Run and a Personal Profile within the flawed deadline date, then they mail us again to tell us to complete a voting form, which included a Proxy Form for voting. But wait, they also tell us there will not be an election since only two folks submitted as Candidates for three vacant positions.  The two folks are default Candidate winners, and the Board will select someone for the third vacancy.

Why mail us Proxies to complete if there will not be an election?  Further, no item for which to vote was on the Agenda for the Annual Meeting.  Why a Proxy?  Is our responsible Onsite Property Manager, who is responsible for the Resident mailings, on the same page as our Board?  Who’s on First?  LOL.

The Board spends our Resident funds irresponsibly, and now they cannot organize an important election for the residents.  Apparent confusion with our voting rights and carelessness with our funds continue to run rampant.

BTW – among the process with Proxies, a Proxy can be open ended, where when it is signed, it states that a Board Member, if appointed, has your vote on any voting matter that may arise. Or, the Proxy can be for a specific item for which to vote.

May there be a further Board Notice, after Proxies have been received, revising the Meeting Agenda by adding matter(s) for which to vote. Hmm.

Here are some interesting events that have recently emerged.

• Residents were mailed an Invitation to be a candidate for a Board Director.  Three slots were available.

• The deadline date to submit the required and expected paperwork was wrong and ambiguous in the Invitation, i.e. the day and date did not match.

• Last year there were as many as ten candidates; this year there were allegedly two candidates.  We were told only two candidate submissions were received in a “timely manner”. The “timely manner’ was the erroneous day and date in the Invitation. Were other candidate submittals received in an ‘untimely manner” because of the erroneous day and date?  There was never a correction made and then communicated to the Residents on the incorrect date and day; I never received a correction.

• A second Notice of the Annual Meeting was sent out to the Residents with redone Information Sheets for the only two candidates.  These two candidates’ Information Sheets appeared as a part of and incorporated into this Board Notice, formulated with the same typed format and font as the Board Notice.

• The Information Sheets were two to three one-sided pages for each candidate. Note that the initial Invitation to the Residents required, and was limited to, two sides of one 11.5” by 8” piece of paper for the candidates’ Information Sheet, and not two to three one sided pages.

• Further, the candidates’ Information Sheets did not appear as “candidate prepared”, but Board prepared from, hopefully, the candidates’ own words. Normally Information Sheets would have been solely candidate prepared, included with the returned and signed Invitation.

• In the past, these Information Sheets would then be sent separately along with the Board Notice to the Residents, as it was done last year. The Residents received, by mail, a candidate separately prepared Information Sheet from each of the candidates themselves. 

• Why would the Board need to filter a candidates’ completed Information Sheet, dress up its appearance, and present it to the Residents with a Board controlled format?  The Residents should have the opportunity to review a candidate’s presentation of himself or herself without the Board’s intrusion and tampering.  The Board has never “polished” candidates’ Information Sheets in the past. Hmm.

• We were told only two folks offered their candidacy for three open positions, we were further told that no election was necessary, and that the Board would select a person for the other open position.

• If all this seems contrived, then it certainly appears that way.  The Residents had no say as to these unusual circumstances that evolved with this year’s flawed process of determining Board Director Candidates.

• Just think, from 10 Board Director Candidates last year, to two this year. Does this reflect on the mindset of the residents or on the direction the current Board is taking with its actions towards our community?

• Because of a flawed timeframe for returning Information Sheets and a signed Intention to Run Form, it would be expected that the Board announce its error to the community and extend the time period to encourage more willing and able Residents to volunteer their service as a Director Candidate.

Instead, it could be said that the Board may have created a situation to select and groom its own candidates. Hmm.

The process to run for a Board Director has been and is flawed, e.g. 1) last year I was permitted to vote twice, once with a hand delivered vote to the Onsite Property Manager at the Admin Building, and then was given a ballot and told to vote at the Annual Meeting, and 2) this year two different dates were mailed to the Residents to turn in Intent to Run Forms for Director.

Keep in mind that the Board controls the voting process, e.g. the Board filters the Intent to Run Forms from receipt, to mailing these Forms to the Residents. We know that this Board has an agenda that it wants to continue, which will require at least four of seven Board Members in its court. Three Director positions will be voted upon.

However, maybe the Residents can speak with their vote and by-pass the Board’s infiltration process.  This Blog (anaquarinavoice.com) offers a stage for the Residents to speak.  Rather than an Intent to Run Form, a Resident is welcome to place their Candidacy and Background on the Blog, which has direct communication to the Aquarina community.

Any voting process in a democracy offers a Write-in choice, other than the candidates printed on the ballot.  If a Write-in choice is not offered on the Aquarina Board ballot, then the voting process continues to be flawed in favor of the sitting Board.

Fellow Residents who see that a change is needed for Aquarina, can place their point of view, personal background, and Candidacy on the Blog, as exemplified below.

Candidate “anaquarinavoice.com”

355 Hammock Shore Dr.

I have been a Resident of Aquarina since 1995.  I have owned and lived in several homes here, i.e. Les Villas, River Oaks, Crane’s Point, Egret Trace, Blue Heron, Egret Trace again, Spoonbill Villas, and now River Oaks again.  I suppose I’m a restless soul. LOL. Regardless, I love the Aquarina community, and I currently believe that the community is not being serviced in a balanced manner by the current Board.  I created a Blog Site named anaquarinavoice.com, where you can read my convictions on what direction I see the community should take.

My background includes the following.

• Bachelor’s Degree in English and a minor in Accounting
• Master’s Degree in Education
• GRI – Graduate of the Realtor Institute.
• CRB – Council of Realtor Brokers
• CRS – Certified Residential Specialist
• MSA – Master Senior Appraiser
• Completed all classwork towards a designation for a CCIM (Certified Commercial Investor Member) and a MAI (Member Appraisal Institute).
• 1969-1979 – Public School Teacher in Ft. Lauderdale, where I ran a Federal Title 1 Reading Program for under privileged children.
• 1979 to present – Realtor Broker in Melbourne Beach and Brevard County.
• 1981 to 1983 – President of the Floridana Beach Civic Association (FBCA)
• 1987 to present – Realtor Broker on Maui.
• 1993 to present – established and own Premier Properties
• 1996-1997 – President of the Les Villas HOA.
• 2005 to present – established and own Premier Properties Maui.

As a Board Director, my goals would include:

• Though minor paver repairs have been done at the Roadway Entrance, a complete repair overhaul of the pavers needs addressing. In addition, a black coating and white striping of the roads, and a power washing of the curbing are also overdue.  A waterfall attraction is underway, which is nice; however, the tuning of the Roadway Entrance should be a priority at this time.  The Roadway Entrance sets the tone for the community, and helps our property values, which should always be of primary importance. 

• The beach crossovers need a suitable commercial shower commensurate with our Beach Clubhouse, and conveniently located at the deck crossover areas.

• An Internet Camera (Cam) should be placed at the Beach Clubhouse for folks to see the daily conditions at our beach.  Many communities have this device for the beach to be monitored for recreational use.

• A Janitorial Service with a daily agenda to service the entire common areas, e.g. all bathrooms and both Clubhouses, etc.

• A golf cart (if it’s not already available) for our onsite Property Manager to do at least one daily tour of the community and its facilities.  This daily tour is to engage Residents and to monitor our common elements.

• Have our golf and tennis operation subject to an outside audit to determine an efficient cost effective program. They are constantly losing money at our expense.

• Work out a program for The Brassie Grille to the point where it just pays us rent for space.  This would eliminate AGI risk and losses with the restaurant, and the possible temptation of collusion of the Board with its operation.

• More transparency is needed with the funding of the AGI businesses. The Residents fund 100’s of thousands of dollars that is poured into these mostly losing entities.

• A more measured spending among all the Aquarina common elements should be practiced.  It appears that the Golf business draws most of the Residents’ funds for its sustainability.  BTW – I like golf.  I was on my school’s golf team. LOL.

• More Resident involvement should be offered before funding decisions are made with our common elements, e.g. town hall meetings

• The current $900+ quarterly assessment needs to be re-evaluated, and a reduction of this fee should be addressed.

• The Golf irrigation Well needs further review for its cost effectiveness. The current reasoning does not add up. An unbiased and Professional Evaluation should be sought out, and then presented to the whole community for discussion.

• Keep, praise, and encourage the great body of Volunteers and their accomplishments that have served Aquarina, and continue with the wonderful social activities that bond our Residents as a vibrant community.

The focus of the Board of Directors is to service the Community and its Common Elements, and not rule and run the Community and its Common Elements, as a developer of a Community would do.  There has been too much emphasis on “Directing” rather than “Servicing”.  Aquarina is ready for a change!

If you agree with this assessment of where we are at this time, and you are ready for a voice of change on Aquarina’s Board of Directors, then on the ballot for a director, Write-in the candidate “anaquarinavoice.com” as your anonymous choice.  It’s not the person’s name that is important, but the new movement that the Blog represents and has heralded for the community.