Aquarina Townhall Blog

MORE TO COME SOON.

THE BACKGROUND TO THIS POOL REPORT

Over the past decades, the Lakeside Pool has been an amenity for three neighborhoods, Blue Heron, Egret Trace, and Spoonbill Villas. The original Aquarina developer had overseen the pool, and eventually passed, i.e. basically “gifting” it to the ACSA, that was over 30 years ago, with the documented stipulation that the above mentioned three neighborhoods would have exclusive use of the pool.

There being no documentation of whom would oversee the pool, the three neighborhoods assumed the oversee role with the ACSA assisting with the accounting for budgeting and assessments.  The only real direction for the overseeing was provided by these three neighborhoods with a de facto cooperation by the ACSA.  All went well with this arrangement for these past 30 plus years.

Then, BOOM!  Bickering began among some of the neighbors about how the pool’s funds were being spent, i.e. being spent in a questionable manner and without transparency. The bickering metastasized into a townhall meeting among the three neighborhoods.  The result was not good, with opposite sides feuding, and no resolution attained.

Politics emerged, and the ACSA was called into the fray.  Obviously, when a larger political base is beseached, it will come in and take control, which it has done.  During the takeover, the ACSA was reminded in the Aquarina documentation that the ACSA was indeed the property owner of the Lakeside Pool, and its surrounding grounds.  It has been apparent from the meetings called by the ACSA explaining the pool and its care, that even though the folks have been told that the ACSA realizes the importance of this amenity to the three neighborhoods, there was an ACSA undertone that the pool’s historic use and existence may be subject to a change.

Change?  All the ACSA sponsored presentations concerning the pool and its condition had been made alarming and gloomy at best. It is true that the building dates back to the 80’s, with no really major repairs occurring; it’s a bath house with two bathrooms.  The engineering report revealed, which was finally and recently offered for public viewing, that the support beams for the outdoor canvas overhang need replacement and the roof needs to be replaced in addition to two storage rooms that needed repair.

Gloom and minimal updates if any had been the best the neighborhoods received.  I say “gloom” because the ACSA’s continual take has been the negativity of the situation, e.g. demolition is a possibility, or a rebuilding, which may take a year or more.  True, the bath house awning area is not a safe place with the decayed beams holding up the canvas overhang, and folks should not be in that vicinity; however, the folks are not hearing from the ACSA saying that we hope repairs can be completed with the present situation at hand in a prompt manner, and we’ll keep you updated.   Instead, the folks were left with weeks and weeks of silence on the matter, until the recent released engineering report.

The released engineering report would be expected to show the folks a “start” of what the three neighborhoods need to do to make in an informed decision with the ACSA.  Afterall, the Residents of these three neighborhoods paid for this pool when they bought into these communities.  It is an important amenity for the neighborhoods, and it adds value to all the units.  Many bought because of the pool amenity.  The reasonable reality was for the original developer to pass the responsibility of the Lakeside Pool to the three neighborhoods, which it unfortunately did not. Tidewater and Ocean Dunes have pools, and the pools are their responsibility.  The hope was that with the ACSA now involved, fairness would prevail to an outcome with which all can be content.  However, matters have gone bumpy.

Unfortunately, on July 1 a hasty decision was reached with minimal data, by the Pool Committee and apparently also by the ACSA, since it oversees the committee.  The decision was to demo both the bath house and the pool., and have a meeting with the three effected neighborhoods, on July 8, where the Pool Committee will relay their plans following the demolition. What happened to what the departing ACSA president told us?  Any decision on the pool would be a decision reached by the pool neighborhoods and the ACSA. The Residents were by-passed.

The real unfortunate part is that the process did not include the three effected neighborhoods, and the demo decision was based on opinion and a one sided interpretation of facts.  The engineering report stated three major issues with the bath house, i.e. the unstable posts for the canvas overhang, the worn roof, and leakage in the rear attached storage closets.  The main bath house structure was sound and not in danger of collapsing.  The posts and canvas could have been repaired and replaced, the roof could have been repaired and replaced, and the two attached closets could have been repaired from water leaks, e.g. replace drywall.  The repair costs for these three issues was never discussed or offered.  The report simply stated these repair and replacement items would cost more than a demo and rebuild – really? The unreality of that statement certainly shows bias.

In addition, the pool was stated to be undermined as evidenced by sinking pavers and insufficient soil support on its sides.  The pool has been there for 30 plus years.  It could be argued that any settling over these many years has already occurred, and any settling that now appears, which is all minimal, is not an immediate concern, and it is something that could be monitored to determine if unusual settling is ongoing. Exposed tile, was noted, as a dangerous situation, but is certainly a repairable situation.  No injuries over these years as a result of the tiles has come to my attention.

The Lakeside Pool is special.  Its design and layout is unique and surely worthy of a “maintaining it” mentality.  It’s one of Aquarina’s cornerstones and symbols of the Aquarina Community; it’s part of its heritage.  Should it be demolished by the likes of a 12 person Pool Committee or should its viability be discussed as a paid and important amenity by the 65 homes having exclusive use of the pool for these past 30 plus years?

A Look at the Report – My opinion in brackets.

BATH HOUSE

• The report was Preliminary, and it states that the condition of structural materials is beyond the report.
• (Without question, the roof needs to be replaced.)
• Severe water damage was not found within the main building other some possible minor water intrusion of a (cosmetic nature) in the restrooms, but all appeared to be in “viable” condition per the report.  Water damage was found in the rear attached storage rooms, where drywall and wood would need to be replaced.
• In the men’s room there was a crack in floor tile.  (Some settling after 30 plus years does not seem unusual.)
• The canvas overhang covering a patio area and its beams and posts were in poor condition, and caused a dangerous situation. (Certainly the canvas overhang and its supporting structure need to be replace.)
• Some water damage appeared on the outside NW corner of the women’s bath where water can sit.  (Easily repairable).

That’s it for the pool bath house. Do replacing the roof, patching up the attached storage sheds, replacing an attached canvas overhang and its support beams, and repairing some water damage at a small outside corner of the building justify tearing down the whole building and building new one? (I think not.)  The report stated it would be more cost effective to rebuild than make these noted repairs.  It was an opinion supported with no data.  (That makes no sense.  Let’s secure some repair estimates for comparison purposes so we have choices.)

POOL

• The tile coping had some cracks. (After 30 plus years I would think some cracks could be expected. A structural issue?)
• The Pavers appeared not even and not always sloping toward the pool per recent code. ( After 30 plus years, I would think pavers in some areas will settle a bit.  If you want to see real settling after 30 plus years, then look at Aquarina’s entrance. What have we been doing about that?  It was never mentioned what immediate threat these pool pavers are doing to the pool, other than it could mean settling.  The pavers that are settling can be easily repaired, and then be monitored if continued settling occurs.)
• Water levels at the pool gutters showed a range margin of 1.5 inches, and it was opinionated that the pool had settling issues. (Again, after 30 plus years, settling ranges within 1.5” is a problem?  Like the pavers this measurement can be monitored to determine if there is a problem. There was no opinion that rebuilding the pool was more cost effective than repairing it, even to the extent of the recommended radical repairs, i.e. tearing up all the pavers.  I used the pool more than anyone over the past years. These random sinking pavers have been there in their present condition for years.)

Conclusions

• The three pool neighborhoods have been misled in what was told them.  The past ACSA president assured the neighborhoods that a group decision would be made on the future of the pool matter.  What happened, is that the report was provided to the Residents for review and within a week the Pool Committee of 12 people decided to demo the pool area.  We are told that a meeting is set for July 8 to tell the Residents how the Pool Committee will proceed with the pool demolition and what’s to follow.  So much for a community input decision.
• Keep in mind, the prudent course before a demolition is to look at the consequences.  The current pool is a classic and expensive design that you will not find, but in a few places; it’s not an out of the box pool.  Its replacement to its current design will be very expensive. It’s also obvious that a rebuild of both the pool and bath house to the current code will be very, very expensive.  We should know these costs BEFORE a demolition.  We should also have a second opinion as to a repair approach BEFORE a demolition.
• Let’s look in the past at the track record for an Aquarina Community pool. The ACSA approached the subject, did some dance with committees and plans, and then nothing.  Would that occur again after the decided demo?
• Other consequences to a demolition are:
• How will the three neighborhoods’ quarterly assessments be affected?
• The value of the neighborhoods’ units could certainly take a hit in a loss because of what could be considered a “taking” of the pool area, an amenity for which the Residents paid when their units were purchased.  This “taking” could be argued since it was not done in a practical approach.  The decision was made hastily and without proper supporting evidence from more than one source,
• . Further not addressed is the economic impact on the Residents’ units.
• The units’ values are additionally diminished by the unknown time and cost that would arise with a rebuild of the entire pool area.
• The proverbial rug has been pulled out from under the feet of the three pool neighborhoods. Their homes are in danger of a loss in value, and household costs will rise to unknown levels because of new assessments as a result of actions by a small group within the Aquarina Community.
• We all need to take a pause here and regroup.  Peoples’ lives will change with the present course laid out before us.

Fourth of July

Remembering Our Foundation of Freedom

AND

Our Salvation from Tyranny

Apparently, seven Board of Director positions are up for filling.  This makes for an interesting situation, since the complexion of the entire Board could change if some folks with a new administrative approach step up to run for these coming vacant Board seats, and cause a new majority from the majority we currently have. It’s curious that the Director elections are so late this year compared to past elections.  Two possible reasons come to mind, 1) time was needed to have a vote on the new Amendments increasing the term of the Directors, and 2) at this time of the year many Residents have left for the summer, and may not be paying as much  attention to voting matters.

It was also suggested that there would be no election if only seven folks placed their names on the ballot for the seven Director seats, e.g. the current seven Board members if they run again, or any other new candidates totaling seven. The current Board’s logistics of this election, voting when the Resident count is lowest, i.e. in the summer, and squeezing in the Amendments before the election, can certainly be seen as a means to return the current Directors or the Board’s chosen candidates, which could discourage any arising opposition candidates, and continue the Board’s past ways.  We’ll see.

The current Board has an agenda to continue, e.g. the Brassie Grille expansion, and its obvious expansion of its social events calendar. What evolves with possibly new candidates, other than the current bevy of Board Directors, will be interesting, since we’ll see where the Resident majority will be, in favor of our current lavish spending course, or wanting a change for more fiscal responsibility.

Hopefully, there may be, even a minority opinion of frugality and common sense, who will be a strong and convincing voice, which espouses spending that will be for the whole community and the community’s infrastructure, and will trump the fun spending that has been rampant over these past years.  

The informational Bylaws and Declaration explanations, among other topics, spilled out to the participating Residents at the Meeting on Thursday; however, Residents’ questions created a bumpy road for the Board’s spun explanations. As a result, the pointed questions eventually uncovered the truth of these proposed amendments.  The most telling, as was not surprising, were that amendments 1 and 2 were changes that would increase the tenure of the Board Directors.  The third amendment, which would affect a large portion of privately owned Aquarina property, was found to be in error in its legal description and in the amount of referenced property in the amendment.

It appears that the haste in assembling this vote resulted in a package of amendments that were not only self-serving, but lacked proper research, especially with the privately owned Aquarina property.  It is so apparent with the daily email harassments to vote, that this Board has an agenda for itself with these amendments. Are the Residents and this private property owner being served in a fair and responsible manner?

We have a rushed vote with vague and self-indulgent explanations on matters that effect our founding documents, and a Aquarina landowner who finds himself in a defensive position because of a lack of the Board’s due diligence.  The Board’s response is that the voting should continue, and we’ll fix things later. What? How about that the voting is suspended until the proper communication channels are set in place to determine what this vote is all about, and how it will affect the Residents, as a next step.

Remember this, we have been provided these amendments, which have been “promoted” and not sufficiently explained, not at the beginning of the voting process, but during the voting process with the daily email harassments to vote on them now. This amounts to dumping ballots before the date to vote. At the date to vote, and as it should be, the voting takes place, all the ballots are submitted, and a determination is made if the amendments have 1) a quorum for a vote and 2) whether they are voted to pass or fail.

It is so obvious that this whole scenario was devised to fool the Residents with an apparent official manner of voting, which in actuality was a scheme to cement the Board’s hold on the its position to continue its selfish and reckless agenda of squandering the Residents’ funds, and maybe play property chess with an individual’s hold on Aquarina land. None of this is good.

I vote NO on all the amendments with a turned in paper Ballot, and I won’t use or support computer based voting, which was implemented to facilitate this ruse.

More to come soon.

The Board is obviously panicking that it won’t achieve a majority of Residents to vote on its new amendments to our Declaration and Bylaws. We were all sent these new amendments with no clear explanation for the reason they’re being foisted upon us.  We have been pressured by the pounding of daily emails this past week on how important it is to vote, and that we need to vote now.  Curiously, an attorney explanation of these amendments is to be explained at a Meeting this Thursday, April 27. Why the pressure to vote before the attorney explanation, and before May 1, the day where a vote can occur and be tabulated?

Based on the Board’s poor and reckless decisions with our funds, e.g., one being the Brassie Grille expansion, can we really trust it to be doing something to assist or enhance our welfare within the community, when it apparently is forcing an earlier vote from the Residents with these daily emails before an explanation of the amendments is offered?

Oh yes, now we know why a computer voting system was purchased by the Board. A virtual mail-in and earlier voting opportunity situation has been put in place via this computer voting. This alleged convenient manner of voting certainly will provided instant relief to the daily and repetitive browbeating to vote on these so called important amendments.

An urgency to vote, easy computer based voting (which can be subject to hacking), vague Amendments with no reasons explained, all smell suspicious to me. The reasonable approach is to make a preamble case for this surprise and  rushed amendments’ move on the Residents, which has caused a concern of uncertainty in the community.  Long standing rules and governance are changed with forethought and care; they are not changed with surprise and with no discussion.

The Board’s attorney(s) will make an explanation for these amendments in the middle of the offered voting period at a meeting; that’s strange. This late explanation for the amendments should have been made before the voting period for folks to digest the reasoning and make an informed decision.  Remember too, that the attorney(s) work for the Board, and there is history where they have defended the Board to keep the detailed AGI financials from the Residents, where one Resident requested the financials and was rebuked.

What scenario do we have now? Instead of an expected and laid out process for the Residents to be properly informed before a decision to change our long standing and established Declaration and Bylaws is made, we have been hurried with harassing reminders to make us feel obligated to do the Board’s wishes – vote for the amendments.  Hmm.  

Your departing Board president signed off on a $700,000 Plus contract to expand the money losing Brassie Grille.  As with construction remodel contracts, any unforeseen work (which typically occurs on remodels) that arises is an added expense, which means an open expense. In addition, there is a list of finalized finishing items that will be added as further costs.  The $700,000 sign off will certainly balloon into a higher total amount.  You can count on that.

Let’s look at some other matters to question.

• Thousands are being spent by our Board on a computer voting system.  With about a total of 400 plus property votes, do we need a computer voting system?  Globally, there is much controversy on the security of this type of voting.  France has paper ballot voting and hand counting, where the voting and tabulating is less subject to manipulation, which has been proven over and over again with computer based voting. This is an extravagant expense, with a system that can be vulnerable to manipulation.

• Having a Green Turtle buffet dinner is nice, and if it is successful, it would be a more cost-effective way to offer this type of eating affair rather than placing the cost of it all on the Residents, i.e. by way of a Brassie Grille expansion to host and prepare for such an affair, in addition to a having a paid staff to service the affair. The Club House provides a suitable venue with kitchen facilities, space, and rest rooms. There is no financial risk since it’s prepaid and catered by an outside professional.  The setup and cleanup can be manned by a limited staff that serves the current Brassie Grille, which would remain in its current format, a comfort food sports type bar.

• The golf course may be better served with a management style that encourages more public play, e.g. a golf management company.  It’s so obvious there is a need for more public play like exists with the Spessard Holland Golf Course just up the road, which always has a full parking lot compared to a consistent only scattering of parked vehicles in the Aquarina Golf Course lot.  The Residents are subsidizing a virtual private course that offers itself to the public, but does it really? Based on its play, the Aquarina Golf membership should be at a higher price to cover all its costs.

• Having a sub-Board, i.e. AGI, to handle the Brassie Grille and the golf course has resulted in a trail of poor management and a pile of debt for the Residents.  We have a group of folks who have placed themselves in management positions of areas where they have no experience, i.e. restaurant and golf, and the Residents have had to bail these folks out of their mishaps time and time again.  In addition, the specific financials for the AGI have been hidden from the Residents, with the excuse that these financials are privileged to the Board.  Hmm. Per Florida Statute, the Residents should see how every penny is spent. Let’s see those journal entries.  Let’s see the financial books.  At a recent Board Meeting, even the Board Treasurer questioned the Food and Beverage financial presentation where costs could not be reasonably explained. What!

An excuse of inflation, with the rise of costs for food and beverage supplies, was used for explaining the losses.  An expected business response to this situation is to raise the prices of goods sold to cover the any product price increase. And further to this scenario is, guess who pays for the shortfall and resulting loss?  Yes, the Residents with their maintenance fees, which diminishes our Reserve growth to repair and replace Aquarina’s infrastructure. But of course, the Board needs to stroke its supporters, and prevent any inflationary costs for its Brassie Grille patrons to bear.

• Huge insurance costs are coming. Some of the insurance policies are conditioned on roof repairs, e.g. Beach Club House, bathroom buildings on the golf course, and the pool Bath House for Blue Heron, Egret Trace, and Spoonbill Villas. Have we seen or heard of any ongoing repair work for these facilities?  How about the Beach Club House service elevator that actually should be a pedestrian elevator?  It’s been “Temporarily out of service” for years.  Yet, in our country’s present economic state of affairs, e.g. rapid inflation being fed by irresponsible government spending, our Board feels the priority is to expand the Brassie Grille. Unbelievable.

• It appears that more time is spent on entertainment matters than infrastructure and community presentation matters where the priorities should be.  Look around as you drive our community.  We are approaching 40 years in age, and it shows.  There are communities of less cost that have presentations and upkeep much better than ours.  Is there a base of new leadership within Aquarina that can recast the current focus of entertainment to a focus, which is an immediate need, of responsibility and action to repair and replace our tired infrastructure?

More to come . . .

The Aquarina Board majority continues to spend the Residents’ funds in a reckless manner, most noted is the Brassie Grille expansion, in light of the skyrocketing and foreboding insurance costs and building roof repairs that are surely coming.  Remember too, that the Board had to restructure Aquarina’s debt, per Bank of America, since our finances were over extended with its debt ratio.  Imagine, an HOA being overextended with debt?  It’s easy to spend money when it’s not yours.

You have AGI directors who find it hard to explain losses with the Food and Beverage finances, i.e. Brassie Grille, at a Board Meeting, yet the expansion of the Brassie Grille continues.  We are told the proverbial “That ship has sailed.” Well, maybe that ship should be brought back and put in drydock.

Call the Administration Office for the current email addresses of the Board Directors, and email them your thoughts on the Board’s continuous and outrageous spending.  Let yourself be heard.

Assessments are brewing to cover a cabal of Residents’ dalliances for whom and on which these unnecessary coming expenses will be foisted on all the Residents to pay.

More to come . . . 

More to come . . .

Here is our Beach Club building that many of us have enjoyed using over the years.  However, it lacks what can be considered for some, as vital for its complete use to all – a workable lift/elevator.  It’s currently out of service, and it has been out of service for years and years, with the caveat, “Temporarily” out of order.  Really? Do you think there may be some Residents that require the lift/elevator to take advantage of the whole building, an amenity for which all the Residents pay.  The word has been “excuses” that it needs to be inspected, it needs to be reworked, and it could cost thousands to get it operational.  The proverbial can has consistently been kicked down the road. Oh yes, “Temporarily” out of order, but for years and years?

To completely take advantage of the building’s benefits, that by the way, includes gatherings, parties, meetings, etc., wouldn’t you believe that items would be required to be hauled to the second level?  More importantly, there are folks with disabilities, who will find themselves unable to reach the second floor, which is the essence of the building where folks congregate.  I know of a particular incident, where a person’s fellow colleague had passed, and a celebration of life was occurring on the second floor of the Beach Club building.  This person was in a wheel chair, and had to be carried up the stairs to pay respects to the colleague.  Hmm.

The sad contrast to this situation with the Beach Clubhouse is how the Board has pushed and pushed the Residents with the expansion of the Brassie Grille, where an $75,000 assessment was levied on the Residents and an alleged $300,000 in unsecured loans was taken upon. Unsecured loans can have a Promissory Note to pay back the loan, and you can take the debtor to court to be repaid if it’s delinquent. Are the $300,000 in loans attached to promissory notes? Regardless, I’m sure these loans are on the backs of the Residents to repay. Written details to see the loans requirements are lacking for the residents to see.  Hmm.

The Board, being in the restaurant business, is obviously overjoyed that it crafted a way to expand its pleasure palace, i.e. the Brassie Grille, and expand and embellish its house of joy, all again, on the backs of ALL the Residents. Choices made where expected practicality would prevail, e.g. the lift/elevator, perishes in neglect for the priority choice of the Brassie Grille.

Further irony, is the fact that the Brassie Grille is a money loser, terribly managed or managed with an intention to ignore breaking even or actually making a profit. For example, the cost of goods sold, i.e. food and beverage, actually the Brassie Grille, which has dramatically increased because of our current inflationary environment, has driven the Brassie Grille’s Profit and Loss to 10’s of thousands in losses, we have been told at a Board Meeting.  But wait, when the cost of goods sold increases, don’t you increase the price to the customer? Apparently not at the Brassie Grille.  Why? Because you have a Resident base to subsidize the cost increase.  Further, we have an AGI business that is financially failing, yet the expansion plans continue, assessments are levied and loans issued.  The expansion/ upgrade expected total price currently is $700,000.

It’s obvious that Board priorities are to cater to the social and partying base segment in our community rather than to the immediate needs that serve the whole community.

It would be great if the Board’s focus followed the working and mechanic needs of the Aquarina Community, and not the partying and entertaining demands of a selfish segment that apparently has again infiltrated a Board, where the fiduciary duty for the well being of the Residents has certainly been put aside as a secondary concern.

So sad.

AND