The Galt Gulag

Hurricane Season and Unit Owners Cheated

2009-07-04T12:15:00.004-04:00

Hurricane Season

Hurricane season is upon us. It is time to prepare for the worst, but pray for the best. We have been told to be self-sufficient for three days. We must be prepared for no electricity, water, telephone, or cable for as much as three days. Perhaps more importantly, it means there will be no police or fire protection services for as much as three days. This is what happened in South Dade County after Andrew and in New Orleans after Katrina.

There are steps you can take to prepare. Write a Hurricane Plan and share it with your family and friends. If you have pets, you must include them in your plan. You must have hurricane supplies. These supplies will differ if you stay in your home or evacuate. You must be prepared to protect your family and yourself, since there may be no police or fire protection, as was the case with Hurricane’s Andrew and Katrina. A hurricane supply list and other emergency and hurricane planning information will be posted at http://www.southpoint-condominum.org/.

Windows

Windows continue to be an issue. I receive more calls and emails concerning windows than on any other subject. Many condominium associations appear to be breaking the law.

The Florida Legislature changed Florida Statutes, FS 718.111(11). The responsibility for window and exterior doors was changed, effective January 1, 2004. The change shifted responsibility for windows from the unit Owner to the Condominium Association.

Thus, Attorney Gary Poliakoff wrote in his Hi-Riser column, "there is absolutely no debate over the question as to whether casualty insurance policies issued after January 1, 2004 ... must cover all improvements to the condominium which include … unit windows and sliding glass doors.” He went on to say, "The condominium association is responsible for the replacement of windows and sliding glass doors." Thank you, Gary! There you have it, some plain words that explain the situation. What could be clearer?

Unit Owners Cheated

Some Boards are sending threatening letters to unit Owners, trying to force them to buy windows. Owners are being cheated into wasting many thousands of dollars buying windows that do not belong to them. Of course, this means the unit Owner is paying much more than it would cost if the Condominium Association replaced the windows for the entire building.

The Palm-Aire Country Club Condominium Association No. 4, Inc., followed Florida law. CAM Manager Thomas Wilson wrote to unit Owners, “As you know, the Association has sustained a lot of damage from Hurricane Wilma and the Board has been working hard to get the Association back to where it was prior to October 24, 2005 hurricane. A tremendous amount of work has been completed, but there is still work to be done. One of the most confusing issues in this entire endeavor has been, Who is responsible for the repair or the replacement of the damaged windows and sliding glass doors in the Associations?" He wrote the DBPR “made a decision for all the condominiums in the State” and the decision basically says, "If a Condominium Association insured an item, they must be responsible to repair or replace that item."

Thank you, CAM Thomas Wilson and Palm-Aire #4! They wrote to their Unit Owners that if they repaired or replaced windows or sliding glass doors, they would be reimbursed by the Association. They wrote that if a unit Owner had not made repairs, the Association would get bids on the windows and sliding glass doors to be repaired or replaced.

If your unit’s windows need repair/replacement, it is the responsibility of your Condominium Association to repair or replace the windows to meet the 2005 building code. If you have spent your money to repair or replace your windows, you can send your Condominium Association a letter demanding reimbursement.

You should notify your Condominium Association, by certified mail, of the need for the repair, replacement, or reimbursement. If the Condominium Association refuses to take action, you can file a complaint with Fort Lauderdale Code Enforcement, and the DBPR for violation of Florida statutes FS 718.111(11).

Hurricane Damage Claims

Hurricane Wilma damaged thousands of condominium windows and doors. Many unit Owners filed claims with their insurance company to repair broken windowpanes and frames. Much to their chagrin, these unit Owners learned that their windows were not covered since Florida law makes them the responsibility of the condominium association.

At the same time, the Condominium Association’s filed claims with their insurance company to repair broken windowpanes and frames. These claims were paid by the insurance companies to the Condominium Association.

Some Condominium Associations used the money they received for the damaged apartment unit windows to reward their supporters, and to deny their opposition. Unit Owners that were “friendly” to their Board may have received one-hundred percent compensation for their damaged windows. On the other hand, Unit Owners that were not “friendly” to their Board received nothing.

You may obtain a copy of your condominium’s master insurance policy, as your right as a Unit Owner. Contact the insurance company and determine how much was paid to your Condominium Association for damaged windows. You may then obtain records from your condominium detailing how much was paid to each unit Owner for window damage. Then talk to your neighbors about their damaged windows, and find out what they received from the Board.

Permits and Code Enforcement

The City of Fort Lauderdale requires a permit and inspection for many types of work. This includes electrical, plumbing, sheetrock, shutters, and windows. Many condominiums made illegal changes to apartments without purchasing the necessary permit(s), or having the required inspection(s) of the work. If changes were made, even if there was a permit issued, but the work was not inspected, the permit is invalid.

Illegal changes put your entire building and your unit at risk. The master insurance company could exclude all claims to the structure and invalidate the policy due to illegal changes made to the building. A unit Owner’s insurance policy could be invalidated. You may wish to protect your building and yourself by confirming that all work on your building conforms to the law.

Visit http://www.fortlauderdale.gov/building_services/onestop/kioskopt.asp and conduct a property search. You can look up your unit, association, and Board members. The system allows you to check the existence and status of permit(s), as well as inspection(s) of the work.

Somthing is happening in America

2009-07-04T12:09:00.001-04:00

America

Something is happening in America – and in the Galt gulag. We are losing our national character. It is as if we are afflicted with massive osteoporosis that has removed the backbones of many people. Instead of standing up for what is right, we are evolving into a culture that celebrates a miserable mix of mediocrity and tyranny. Board meetings become cattle calls where the sycophants hiss like ancient cats, make crude jokes about those that stand up for what is right, and shout down any that disagree with them.

This is not the American way. This is not the America of my youth. America was created by fearless people who left the security of Europe to come here and build a new life. These were independent people with the spirit of a warrior. They refused to knuckle under to the tyranny of European monarchies. They believed in liberty and equality.

This sense of being willing to stand up for what is right, was echoed in the words of Patrick Henry. “Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!” (Patrick Henry, March 23, 1775.)

Here on the Galt Gulag, the lives of thousands of citizens are controlled by a few “Condo Commandos.” You will recall Donna Laporte’s definition of a condo commando as an egocentric person on a condominium's board of directors who rules by intimidation, putting his/her interests ahead of others, abusive any board member who gets in the way, dominates meetings, won't let others speak, and prone to angry outbursts. What has happened to the American character on the Galt Gulag, that they have lost their independence, knuckle under to petty tyrants, and actively undermine the principles of America?

Windows

It seems that many condominium associations are ignoring Florida law, are ignorant of the law, or are intentionally breaking the law. It has come to my attention that some of these lawless condominium associations are pressuring Owners to waste their money buying windows on the retail market!

Some Boards are sending threatening letters to Owners in what almost amounts to extortion! Many Owners have been duped by their lawless condominium association, and wasted many thousands of dollars buying windows that do not belong to them! When their windows were damaged by Hurricane Wilma, and they attempted to file a claim with their insurance company, they were told they were not covered, since Florida law makes them the responsibility of the condominium association.

As of 2004, Florida law requires that condominiums insure our windows and patio doors. Florida new statewide building code requires special high-impact window frames and two-layer laminated glass. Depending upon where one lives, there are new installation and specification requirements for windows and doors.

If you have spent your money to repair or replace your windows, you should submit your bills for reimbursement. If your windows need repair, you should notify your condominium association, by certified mail. If your condominium association refuses to repair the windows, you should report them to Fort Lauderdale’s Code Enforcement. Your windows must operate smoothly, have screens, be watertight, and have no broken panes or frames. This is the minimum housing requirement. You can reach the Code Enforcement Department at 954-828-5207. When you make your report, insist on a callback and a site visit. You should also discuss the matter with an attorney specializing in Condominium Law, such as our “Condo Lawyer”, Inger Garcia.

Fort Lauderdale Code Enforcement

Recently, I had the occasion to report a code violation. I was impressed by the online system at http://www.fortlauderdale.gov/building_services/index.htm. The system made it very simple to use, and allows you to track the status of a permit, an individual address, or a code violation.

That is, until this week, when they decided that my complaint required a political cover-up. They changed the system, and they now hide all of the details from the citizens. Why is Code Enforcement so afraid that it moved to conceal information from the public? Government in the Sunshine should not allow you to take away public Internet access to important public records.

Condo Commandos and the powers of Boards

2009-07-04T12:03:00.004-04:00

Condo Commando

According to Donna LaPorte, a Condo Commando is “an egocentric person on a condominium's board of directors who rules by intimidation, putting his/her interests ahead of others, abusive to the property manager and any board member who gets in the way. Dominates meetings, won't let others speak. Can be prone to angry outbursts.”

Anyone who attended Southpoint’s 8:00 p.m., February 20, 2006, Board meeting will recall that Board President Martin Glazer lost his temper while Howard Berman was talking to the Owners, announced, “The meeting is adjourned,” turned off the lights and left the room without so much as a second of a motion to adjourn.

Clarification of the powers of Boards and Directors.

Many Condominium Owners do not realize that a condominium association is a Florida Not For Profit Organization and is directed by a Board of Directors. Each member of the Board has equal powers. The Board selects officers, but these officers do not have any special powers. This is an important point, because some people believe that a Board President has some additional powers. This probably is due to his title as an officer, president. This has nothing to do with the independent powers exercised by a head of government, such as the President of the United States. In a corporation, the president has no special powers. In a condominium association, a president has no special powers.

A Board President serves at the pleasure of the Board of Directors. To serve means to be subordinate or submissive. For example, Southpoint’s President Marty Glazer serves at the pleasure of the Board of Directors. For example, when Carly Fiorina made a mess of Hewlett-Packard after the fight to buy Compaq, the Board fired her. Any Condominium Board can remove any office by a simple majority vote, generally by secret ballot. Any condominium Board that allows a “condo commando” to exist, is voluntarily submitting to that tyranny.

Financial Responsibility

2009-07-04T11:58:00.003-04:00

Financial responsibility

Southpoint's Richard Berman

Marty Glazer introduced Southpoint unit owner Richard Berman to us at the first meeting after Hurricane Wilma as working for Southpoint as a "free" lawyer. The truth is that "free" was a lie. I have copies of the bills sent to Southpoint by Berman's law firm. As an owner, you are entitled to see all bills, so ask for a copy of the bills and checks in the office.

Richard E. Berman charged us $700 to prepare and attend that meeting. His preparation consisted of reading documents that all owners should read. Our "free" lawyer's firm has charged us over $8,000! It is not nice to profit from your neighbors. Richard, be a mensch and return our money.

Reserve Funds

It is time to address the money issues the Board evaded in their letter sent to owners dated February 24, 2006. The Board has not produced the documentation that shows where the $347,686 that was in the reserves on December 31, 2005 was spent on the necessary repairs dictated by Hurricane Wilma.

What was repaired with this money? Southpoint's owners have a right to know. Did the Board forget they already assessed $280,000 in 2006 reserves in the November 21, 2005 statements to owners? The entry on that statement under “Annual Assessment-Reserve” is the 2006 reserve assessment that was already paid. Did the Board double charge Southpoint's owners on their 2006 reserves? Southpoint's owners have a right to an accounting of this money.

Liens on Board Members and Innocent Owners

On May 8, 2006, McIntare Associates placed liens on the apartments of Marty Glazer, Murray Moskowitz, and Bob Rozema. Even worse, liens were placed on three innocent Southpoint owners! I interviewed Don McIntare, and he told me the liens were filed because Southpoint failed to pay him. According to McIntare, Southpoint made an initial payment and then refused to pay the rest. The liens appear to mean that Glazer and Moskowitz are no longer in "good standing," and are not eligible to be on the Board. We need a Board that is financially responsible, not one that made Southpoint the laughing stock of the Galt Mile.

Southpoint Censorship and Control

2009-07-04T11:55:00.001-04:00

Southpoint Censorship and Control

If you have ever seen a City Council or School Board meeting, you know that citizens are given the opportunity to address the body, and given a podium and microphone so they can be seen and heard.

This is not the case at Southpoint. The Board passed a rule that you must request, in writing, permission to add an item to the agenda. The Board has exclusive right to control the agenda. If you fail to get permission to add an item to the agenda, you may attempt to address the Board by raising your hand during the meeting.

You are forbidden to use the microphone, so most of the owners cannot hear you speak. Unless you agree with the Board, the Glazerites will hiss at you, and tell you to be quiet. If you ask a challenging question, the answer from the Board will be, "next question."

Violence At Southpoint

2009-07-04T11:54:00.002-04:00

Violence At Southpoint

On October 1, 2004, during a Board Meeting, former Board member Rebecca Bond’s life was threatened by Board member Murray Moskowitz. Present were Rozema, Glazer, etc., who did nothing. See Police Report 04-119992.

On July 5, 2005, my car was keyed while locked in the "secure" Southpoint garage. The cars of Nico Minardos and Rebecca Bond were keyed earlier that year. See Police Report 05-83392.

On December 24, 2005, Leonard Champagne was attacked and beaten by Southpoint’s former Security Head. The attacker was here as a registered overnight guest of a Board member. See Police Report 05-160285 and State Attorney Intake NC-061602.

On January 26, 2006, Robert Coopchik and I were assaulted by Marty Glazer. See Police Report 06-132373. February 3 through February 7, I was stalked and harassed by former Board member Alan Zeldman. See Police Report 06-16998.

On February 7, 2006, Marty Glazer turned off the lights and stalked out of a Board meeting when the Owners preferred to listen to Howard Berman and not Marty.

On June 19, 2006, Grayson Walker and other Insurgents lives were threatened by anonymous letter. See Police Report 06-77458.

Southpoint – Call For Glazer & Board Resignations

With the violence at Southpoint, some by the Board, and the numerous DBPR findings of violation of Florida law by the Board, it is time for Glazer and the Board to resign. It is time for a forensic audit of Southpoint's books and an end to this sordid Southpoint saga.

Windows, Doors and the Law

2009-07-04T11:51:00.001-04:00

Windows, Doors, and the Law

In 2004, Florida changed the insurance requirements for condominiums. Florida law supercedes any condominium's documents. Florida law now requires that condominiums insure our windows and patio doors.

DBPR Declaratory Statement

In January 2006, the DBPR issued Declaratory Statement DS2005-055, stating that all Florida condominiums are responsible to repair and/or replace anything they are responsible for insuring. A DBPR Declaratory Statement is like a court ruling. It establishes legal policy for Florida.

Palm-Aire Condominium

On April 24, 2006, the Palm-Aire Country Club Condominium Association Board wrote to their Owners, stating that the DBPR made a decision for all Florida condominiums, "If a Condominium Association insured an item, they must be responsible to repair or replace that item." Palm-Aire wrote to the Owners informing them that if they repaired or replaced their windows, they should submit their bills for reimbursement. They also wrote that if windows have not been repaired or replaced, the Office will get bids and have their windows and door repaired or replaced. Palm-Aire is obeying the law. All condominiums should follow Palm-Aire's example.

Southpoint's Windows – The Truth

The Florida Building Code was passed in October 2004 and became effective January 2005. For high-risk coastal areas, the Florida Building Code of 2005 requires special high-impact window frames and two-layer laminated glass. About 150 apartments have the original windows, about 200 have 1998 windows, and about 50 have windows installed after 2000.
It is highly unlikely, perhaps impossible, that any window installed before 2005 could meet the current Florida Building Code. It seems that about 350 Southpoint apartments have windows that cannot meet the 2005 Florida Building Code. In order to meet the 2005 Florida Building Code, it will be necessary for most windows at Southpoint to be replaced.

Southpoint's Windows -- Who Is Responsible?

Your windows are owned by, and must be insured by Southpoint. If your windows/door need to be repaired, Southpoint is responsible. If your window/door cannot be repaired to current Code, Southpoint is responsible. What is called the Southpoint window policy appears to be in violation of Florida Law, the DBPR's Declaratory Statement on Windows, and cannot be enforced. Southpoint, like Palm-Aire, must repair or replace your windows and doors. This was confirmed by a DBPR letter of violation.

Southpoint's Violation -- Again

In August 2006, Southpoint Owners filed DBPR complaints that Southpoint was in violation of the Florida Law, and DS 2005-055. The DBPR found the complaints to be true, and issued a letter of violation stating that Southpoint is in violation of Florida Law, and of the DS 2005-055.

The Good Guys: State Representative Julio Robaina

2009-05-28T13:04:00.002-04:00

This month begins a new series that I am calling “the good guys.” We read and see much about who is doing this or that to us. Rarely do we read about someone that is doing good work that is fighting for us. That is the essence of the “good guys” series; to shine a light on those people who are working to help us.

Julio Robaina: Background

On May 13, 2009, I spent several hours interviewing State Representative Julio Robaina. Robaina is a native son, born and raised in Miami. He began his political career as the first Hispanic Mayor of the City of South Miami. He is on the boards of the following groups: American Cancer Society’s Relay for Life, Film and Entertainment Advisory Board, Florida Unit of Recording for the Blind and Dyslexic, the Special Olympics, Habitat for Humanity, and Informed Families. He is currently the Chair of Hands on Miami.

Julio Robaina and the Florida House of Representatives

Robaina was elected to the Florida House of Representatives for District 117 on November 5, 2002. During his first term as a representative, he served on the Local Government Council, Health & Families Council, Health Care General Committee, State Administration Appropriations Committee, Transportation Committee and the Select Committee to Protect Private Property Rights.

Robaina was subsequently assigned Chair of the Select Committee on Condominium Association Governance, and the Vice Chair of Local Government & Veterans Affairs. He served on the Business Regulation Committee, Health Care Committee, Transportation Committee, Select Committee on Florida’s Economic Future, Select Committee to Protect Private Property Rights and the Subcommittee on Energy. He also served as the Vice Chair of the Miami-Dade Legislative Delegation in 2005.

Representative Robaina ran unopposed, and was re-elected in November 2004. During these two years, he served on the following committees: Health Quality, Government Efficiency & Accountability Council and served as Chair of Urban & Local Affairs. As a pending issue in the state of Florida, Representative Robaina was appointed as the Chairman of the Select Committee on Condominium and Homeowner’s Association Governance. Representative Robaina has always been at the forefront of establishing laws to protect the consumers of the state of Florida and will surely continue to work in favor of his constituents as he has been doing so for over the past decade.

As a vigilant public servant for District 117, Representative Robaina was elected for his final term to the Florida House of Representatives in 2008. As his priority, he is continuing to protect the rights of his constituents and creating laws that will benefit the state of Florida. Currently, Representative Robaina was appointed as Chair of the Criminal & Civil Justice Policy Council. He is also serving on the Full Appropriations Council on General Government & Health Care, Government Accountability Act Council, Health & Family Services Policy Council, the Policy Council, and the Select Committee on Seminole Indian Compact Review.

Foreclosure Help

Robaina worked to develop a solution to the vicious cycle of foreclosure that affects condominium, co-ops, and homeowner associations. When a unit is foreclosed by a bank, the association must increase the assessments to the remaining owners in order to meet their expenses. These additional assessments can cause foreclosures. Since it can take 12 – 24 months for the Florida courts to foreclose, the bill would have required banks to pay six-months of assessments to the association upon starting a foreclosure action.

The bill would have allowed the association to accept payments from a tenant when the owner of a rental unit had not been paying the assessments. Unfortunately, this bill was opposed by one of Florida’s two largest and most powerful lobbies, the finance industry.

Unfortunately, for the Owners of condominiums, co-ops, and homeowner associations, the banking and finance industry defeated this important bill.

Insurance Help

Robaina fought against the removal of the power of Florida’s Insurance Commissioner to control insurance rated in Florida. Again, Robaina was fighting for the rights of Florida’s citizens and owner, and was willing to take on the other massive lobby, the insurance lobby.

Unfortunately, special interest prevailed, and the Insurance Commissioner was stripped of his power to control interest rates. This led to immediate rate hikes. As a result, Citizens Insurance, the only choice for too many Floridians, increased its rates ten-percent a year, for the last three years.

Julio Robaina and the Florida Senate

Robaina has reached Florida's eight-year term limit (approved by voters in 1992) for members of the House of Representatives. After serving in the Florida House of Representatives for eight years, Robaina announced that he would run for District 36 of the Florida Senate in 2010.

Robaina believes in a common sense approach to local government, with an emphasis upon local. Robaina believes in fiscal responsibility, and that government must watch its spending as carefully as does each Florida family.

For eight years, Robaina has been the champion of the Florida citizen and voter. He has never bowed to the pressure of special interests, and will not accept money from them. While I realize that the 2010 election seems a long-way off, it is actually just around the corner. Special interests and the powerful finance and insurance lobbies fear Julio Robaina, for he represents us, and not them. We need to continue to support Robaina, as he has supported us. We simply cannot afford to lose of the all-too-rare “good guys” in Florida’s government.

Julio Robaina Contact Information

State Representative Julio Robaina can be reached on the telephone at 305-442-6868 or by email at Julio.Robaina@myfloridahouse.gov. Julio deserves very special mention, for he is the Legislative Champion of Owner’s rights. Julio is YOUR champion. Let him know how much you appreciate his efforts to help you and protect your rights.

Signs that the end of the world is near: Naugle returns to City Hall

2009-05-06T11:58:00.007-04:00

On Tuesday night, our 'new' mayor, Smilin' Jack Seiler (Democrat) has repaid one of his political debts by appointing ex-mayor Jim Naugle (RHINO) to the Police and Fire Pension Board.

It is worth noting that Naugle was a harsh critic of the pension, so perhaps this is how good ole Smilin' Jack plans to cut our bloated budget -- by letting someone else make the cuts. I wonder if Naugle will win Rynerson's Budget Cutting Contest? This is Smilin' Jack's first direct attack upon the constitutents and supporters of new City Commissioner (and former Chief of Police) Bruce Roberts.

Word reaches me that a large celebration is planned for the return of Jim Naugle.

Fort Lauderdale Budget Reduction Contest

2009-04-21T09:14:00.005-04:00

I just received this from Earl Rynerson. Earl is putting up one-thousand dollars out of his own pocket as an incentive to reduce our bloated budget.

What a great idea! It seems that Earl is the only proactive person in the City. I hope the mayor and commission are this concerned and motivated to bring our city budget back to reality, and out of Gretsas-land.

OK, you’ve heard from me about how we can shave at least $150M out of our bloated City Budget. I’ve mentioned specifically where the fat is (there’s lots more); now it’s time to hear from you! (Go to www.abetterftlauderdale.com to see some of my suggestions).

Starting today (April 20th), I am announcing a Budget Reduction Contest for any Fort Lauderdale resident or Fort Lauderdale city employee. I am putting up $1,000 as a reward to the person who is able to suggest a specific budget reduction area AND actively works to get the City to approve that reduction. Here are the rules:

1. The suggestion must be specific and measureable (must show how much $$ will actually be saved).

2. It must be an item specific to the current budget that is being proposed for reduction.

3. The person suggesting must get actively involved with the City Commission and help to convince them that the reduction is justified. Dated e-mails and letters, etc. must be submitted to me as proof of involvement. (This is important).

4. The specific suggestion must be taken up and approved by the Commission by July 2009.

5. The person submitting the approved suggestion that saves the City the most money will be the winner.

6. Winner will be announced Friday July 31st, 2009.

So now is the time to get more involved with your City Government, work to reduce your property taxes and put some more money in your pocket! NOTE: If you are a City employee (and you fear retribution by City Manager George Gretsas), get a friend involved instead and feed the information to that person! Share in the winnings-

There are lots of areas in our City’s budget that can be reduced. The key is getting individuals like you involved in that reduction process!

Again, remember two things about our City’s bloated Budget:

1: It’s been set (year after year), NOT on what it actually costs to run the City, it’s been set on how much revenue the City Manager can get from us.

2: Even if the budget gets reduced down to $400-500M (from its current absurd figure of $605M), it will STILL be more than $100M higher than the average of 13 other cities our size across the US!

So let’s get to work!

The Great Recession

2009-04-15T12:00:00.000-04:00

Last month, I labeled today’s major recession the Great Recession. Last week, the government has begun using this phrase to describe today’s economic conditions. That makes it official.

Budgets and Spending – Part One

A budget is a statement of priorities, with financial resources attached to those priorities. Unlike the Federal government, Florida is required to have a balanced budget. This means, Florida cannot spend more than it makes. Florida “makes” its money from taxes and fees; Florida manufacturers no products.

This is much like our households. While we are not required to balance our budgets, we will dig ourselves into financial trouble if we spend more than we make. For our government, the solution is clear; reduce taxes and reduce spending. Thus, that Winston Churchill said, “I contend that for a nation to try to tax itself into prosperity is like a man standing in a bucket and trying to lift himself up by the handle.”

Grains of Sand

There are about 100,000 grains of sand in one handful of beach sand. While this is not a precise measurement, might help understand the size of our government’s budgets.

The Federal Budget

The 2010 Federal budget is $3.6 trillion, an increase of 16% over 2009. The 2009 budget was $3.1 trillion, an increase of 6.9% over 2008. If one grain of sand represents one dollar, it would take 36,000,000 handfuls of beach sand to represent the Federal budget.

The United States was founded in 1776, about 85,000 days ago. If you spent $40,000,000 a day, every day, since our founding, you would not spend the amount of the federal budget.

TEA Parties

Today is April 15th, tax day. There are thousands of TEA Parties being held around the country, from Fort Lauderdale to Fort Wayne. Over 1,000 people showed up at Fort Lauderdale’s TEA Party. Across the country, hundreds of thousands protested increased taxing and spending. The message is clear; Americans are tired of the spiral of taxing and spending. Americans want taxes cut. Americans want spending cut.

The Fort Lauderdale Budget

The 2009 Fort Lauderdale budget is $602 million, an increase of 12.4% over 2008. The 2010 budget is in preparation, and will be presented in July 2009. If one grain of sand represents one dollar, it would take 6,027 handfuls of beach sand to represent the Fort Lauderdale budget.

Fort Lauderdale was founded in 1911, 35,900 days ago. If you spent $16,000 a day, every day, since our founding, you would not spend the amount of our annual budget

Budgets and Spending – Part Two

In 2007, we passed a property tax reduction law. Of course, tax revenue dropped. Now the state and local bureaucrats are complaining about not having as much money as they want. They act as if our tax revenues were somehow their entitlement.
The message from Florida’s voters was clear; cut spending. Our Constitution forbids deficit spending, so government must cut their spending.

The Bureaucrats are ignoring our wishes to cut spending. City Managers from Weston to Fort Lauderdale are investigating user fees to replace the lost tax money. Instead of listening to the voters, the bureaucrats are looking for alternative ways to continue their spending programs. The Tallahassecrats plan to double the cost of registering our cars, increase license fees, and begin charging fees for things that are free today.

Fort Lauderdale’s new Mayor and Commissioners are preparing the next budget. Let your message to them be clear. In this Great Recession, we expect them to reduce our tax burden; we expect them to cut spending. Let us hope that the new Mayor and Commission pay attention to Fort Lauderdale’s TEA Party. Let us throw down the gauntlet of economy, and challenge them to give us a budget that is less than $500,000,000.

U.S. property bust threatens to create condo death spiral

2009-04-03T14:48:00.002-04:00

This letter is reprinted with the permission of Jan Bergemann, President of the CCFJ.

Dear Governor Charlie Crist, Dear Lt. Governor Jeff Kottkamp, Dear Senators and State Representatives,

What will it take before our elected officials realize how serious the situation in our community associations really is?

This article is typical for what is happening in condos, co-ops and homeowners' associations all over Florida:

http://www.ccfj.net/LEGSESS09condodeathspiral.html

Another TV news report this week was headlined: "HOA Fees Skyrocketing" (See: http://www.ccfj.net/HOAFLFeesskyrocketing.html). That's another complaint we hear daily from homeowners. Especially troublesome if these associations have no amenities like in this case.

Associations are unable to pay their bills, reserve funds are being used to pay water and cable bills. In many associations there is total financial chaos -- and it will get worse! Association boards realize that they spend more money for legal fees trying to collect unpaid fees than they collect. Owners, being promised that these associations will protect property values, find out that these associations are actually financial death traps. There is not one day when I'm not being contacted by desperate board members and owners asking for any kind of solution for their desperate financial needs. Don't forget: No bank loans available if more than 10% of the owners are behind in their dues.

Then add the increase of embezzlement to the disaster!

And it looks like our legislators are under the impression that bankers and developers are an endangered species that need to be protected. Never forget: These are exactly the folks that caused the whole problem in the first place!

Developers go bankrupt left and right. It looks like Engle Homes is next. They have ceased all construction according to media reports and board directors appointed by the company are resigning: Four Resign From Live Oak Preserve CDD Boards (SEE: http://www.ccfj.net/HOAFLEngleDirresign.html ) And they will leave owners with very expensive long-term contracts that will most likely kill the owners' finances as well. Just look what happened in the communities that LEVITT & SONS left behind when filing for Chapter 7!

The "empire" of another developer seems to dismantle fast: Adam Schlesinger's Ceebraid-Signal is obviously in deep trouble. Please read: Firm takes over Keys resort icon at http://www.ccfj.net/condokeysresort.html. That's the same developer who threatened to use FS 718.117 (also called the "Eminent Domain Statute" for condos!) to kick out elderly condo owners who had invested their life savings in this project! Don't forget, the Boca Raton City Council was always eager to please the developer -- no matter what! They nearly fell over each other to please Schlesinger. See: http://www.ccfj.net/condoedenstalled.html.

Owners are stuck and are facing bills they can't pay -- without their fault. They did everything -- and paid every bill - they were asked to do. Mark my words: It will get a lot worse! What we are seeing is just the start!

What has to happen before Florida legislators are willing to enact laws that protect the owners? Or do they want to wait for a total breakdown of the system before creating a stimulus package to bail out the associations -- a stimulus package from money that plainly isn't there?

Or is the unwillingness to act caused by the fact that owners didn't contribute to the PACs of the so-called "Leadership" before the session started? Look at the names mentioned in this article: "Special interests funnel $6 million to Florida lawmakers" (SEE: http://www.ccfj.net/SPECIALINTEREST.htm )

Actually, lawmakers seem to think that Florida's homeowners are independently wealthy. Instead of working on bills that make common sense, they are passing bills that allow associations to purchase already bankrupt golf courses, digging an even deeper hole for owners. All over Florida owners fight with the outrageous cost of maintaining existing golf courses. Interest in golf is declining quickly -- not only due to the bad economy. Homes tied to "golf curses" are shunned by potential buyers.

Owners living in community associations need laws that enable them to be able to protect themselves and their associations -- before the problems can't be repaired any more. There is still time in this legislative session. Please do it before the community association system collapses like banks, car manufacturers and the real estate market.

OWNERS LIVING IN COMMUNITY ASSOCIATIONS ARE NOT JUST CASH COWS WAITING TO BE FLEECED BY SPECIAL INTEREST! THEY WILL FIGHT BACK IF THEIR HOMES AND FAMILIES ARE THREATENED! AND THAT MIGHT GET REAL UGLY!

Demography and Economy: The Good, the Bad, and the Ugly

2009-03-26T07:48:00.005-04:00

This op-ed was written by my friend Gordon Finley, who has graciously authorized its reproduction in my blog.

Demography and Economy: The Good, the Bad, and the Ugly

http://www.therealitycheck.org/2009/03/25/demography-and-economy-the-good-the-bad-and-the-ugly/

Posted by Gordon E. Finley, Ph.D. On March - 25 - 2009

The release on March 18, 2009, of preliminary childbirth data from the National Center for Health Statistics (NCHS) for 2007 has yielded mixed news – some good but most providing troubling insight into potentially crippling problems for American society and the American economy. These data suggest that 2007 was a very bad year, indeed. While most media focused on the teen pregnancy data, they missed the bigger picture. Here is the bigger picture.

The Good news in the NCHS report is that more warm cuddly babies were born in 2007 than ever before in American history — barely eclipsing the previous high exactly a half-century earlier in 1957. We will call 1957 Baby Boom I and 2007 Baby Boom II.

The Bad news is the timing of these births. For the economic viability of our society, it would have been better had they arrived a quarter century earlier. Unfortunately, it will be at least 18 to 22 years before the Baby Boom II generation shifts from being an economic liability to an economic asset. This is relevant because Baby Boom II is needed to contribute to the support of Baby Boom I. Phrased in terms of baby booms and busts, what we have today is a bimodal distribution with the largest “modes” at the opposite ends of the life-span: Baby Boom I is on the cusp of retirement and Baby Boom II is on the cusp of the terrible two’s.

In fall 2007, the Social Security Administration made a big deal out of the first member of the Baby Boom I generation to file for Social Security. But fall 2007 also was the beginning of our slide into our current recession/depression. As the Baby Boom I generation prepares to retire, they are watching the value of their personal assets, 401k investment retirement plans, and the value of their homes plummet. More of this generation will require government assistance with their retirement health care, housing, and income than either they or the government ever had in mind.

The Ugly news is that 40% of the births in 2007 were to unmarried women. By contrast, in the 1950’s the unmarried birth rate hovered around 4% — a tenfold difference. A large number of the unwed mothers and their children will require significant government financial support for unknown portions of their life-spans. And, despite claims for the delights of cohabitation and the joys of single motherhood by choice, the hard social science and economic realities are that children of unwed mothers – as a group – fare more poorly than their intact family counterparts on virtually all measures, including their eventual social and economic contributions to society. The prospects for this 40% of the Baby Boom II generation, based on social science research, would be worrisome in good economic times — and likely will be worse in hard economic times. As they enter adulthood, these children are much more likely to become criminals and unproductive economically than children of married parents. As always, dads matter.

In sum, the NCHS data show us where we are and where we are going as a Nation. The feet of Baby Boomers I and II already are on the ground. We ignore these demographic realities at our peril. Finally, and perhaps most critically, the last and current federal administrations have used deficit financing at unprecedented levels. If they are counting on Baby Boom II to pay back federal indebtedness, they are going to have to wait a very, very long time — at best.

Gordon E. Finley, Ph.D. is Professor of Psychology at Florida International University in Miami.

Faculty web page: http://psych.fiu.edu/Faculty&StaffPages2/Finley/Finley.htm

Foreclosures: Who Gets The Money?

2009-03-17T09:32:00.002-04:00

We are in a major recession, and things are getting worse. The President said we are in the worst conditions since the Great Depression. For now, I will state that we are in the Great Recession. The Congress approved a seven-hundred plus billion-dollar bailout, with more to come. Real estate values continue to tumble. Stories of greed and stupidity abound. Assessed values are not keeping up with market values, and it is common for the assessed value of a home to be fifty-percent more than its market value. City budgets are being slashed.

Repossessions and foreclosures are continuing to grow. Florida leads the country in repossessions and foreclosures. If you live in a Co-op, condominium, or homeowner association, your Association should be cutting costs and postponing all but the most essential expenses.

Condominium Associations face grave problems as they lose revenue due to the increasing number of foreclosures. With unemployment at an all-time high, and investment income at al all-time low, many of the Owners who are struggling to pay their mortgages cannot pay their assessments. When a condominium is foreclosed, Florida law requires the bank to pay no more than three months assessments. If an apartment takes longer to sell, the other Owners pay. In some Associations, the point may be reached where bankruptcy of the Association is the only answer.

Now we have the kicker. If an Association declares a unit to be delinquent, the association’s lawyers move in. Beginning with the time a unit is declared delinquent; all payments go to the law firm’s trust fund, where they earn interest. Where, you may ask, does the interest go? It goes to the Florida BAR Association. You and your association do not see a penny of the money your neighbor pays. Your neighbor may be making payments, but you and your association receive nothing.

A point is reached for each association when they do not have enough revenue to meet their expenses. Most condominiums units do not have individual water meters, and some do not have individual electric meters. These utilities are paid by the association. When the association does not have enough money to pay these utility bills, they are shut off. At that point, every unit owner is required to vacate the building.

The moral of this story is treating your neighbors like neighbors. Declaring someone to be delinquent backfires upon you in these economic times. Your association should work with people who have fallen behind, perhaps creating a payment plan. This keeps the payments in the association. There are times with compassion and being a good neighbor is not only the right thing to do, but makes financial sense.

Toxic Mold At Berkeley South DBPR case#2008062838

2009-02-22T13:58:00.004-05:00

This could happen to you. This is an open letter to Governor Christ, Mayor Naugle, Mayor-elect Seiler, and Fort Lauderdale Code Enforcement, from a Unit Owner at Berkley South who has been suffering from toxic mold since Hurricane Wilma.

She has done all of the right things, and yet three years have passed, and her windows have not been repaired, and she continue to suffer from the effects of toxic mold.

On February 18, 2009, I spoke in person with Governor Christ, at the Galt Community Center concerning the lack of guideline and regulations for maintenance and repairs for common elements 718.113(1).

You told me that you would look into the situation (windows etc.) at Berkley South and would be writing to me (and Berkley South) soon. I appreciate your empathy about the remarks in the Dept DBPR letter I received last month where it stated,"the fact that the association has sought to address the damaged done to the windows during Hurricane Wilma (although not to your satisfaction) does not support a violation of section 718.111(11)(d)".

I asked how the condo can be held blameless with unlicensed workers with no permits and having glass put in my window frames that leave a ¼ inch gap that you can stick a legal size envelope through the ill fitting glass that is not large enough to meet the frame.

It's been raining through my windows going 3 years now as my place is full of Stachybotrys mold - producing powerful mycotoxins making my family and self sick from the mold/moisture issues due to their improper attempted repair of the damaged frames and window (there was no inspection of their work because they did not pull a permit and there is nothing to code about this mess). This type of addressing is not to anyone's satisfaction. The Mayor also promised me that the lack of guidelines/ definitions of proper maintenance would be investigated as well. (We - governor - mayor & self were being filmed by several TV crews as we spoke to each other).

Since writing to the DBPR my association sent up (while I was gone) a "window repair person" for an estimate who put more bathtub caulk on my windows, which still leak and flap in the strong wind held together with bath tub caulk, scotch tape and ill fitting glass as my unit overlooks the pool and faces the ocean).

The board told me that they were allowed to repair without permits – licenses and could do said repairs any way they choose. Who regulates and why are they not subject to the same laws we are? Owners should not be forced into litigation over improper maintenances of common elements in their unit. Scotch tape does not cost that much unless it's red tape.

I have had estimates from licensed glaziers for proper work. The management at Vico windows said caulk (at best) is only a temporary "fix" and not a proper or long lasting repair for moisture issues stemming from the hurricane wind damaged frames nor was it an acceptable repair for the holes drilled in the frame by condo. For proper permits and to pass inspection the whole window units must be replaced. Their estimates state that permit and engineering is extra.

I am just the tip of the iceberg as many condominiums across our great state have issues with maintenance to the common area being done by unlicensed workers with no permits.

Recently the building inspector ordered my outer walls to be removed as the association hired without a permit an unlicensed man to remediate the moldy outer walls – there was no proper containment – now mold is all through my air ducts and furnishing – the walls have been down again since November – I have been on strong antibiotics because I am sick from mold and severely asthmatic.

I was lied to about them having a permit, I was lied to when they said he was a professional remediator, I was lied to when they said they would get my window and walls fixed. I have waited 3 years in this damp hazardous moldy environment with my and my children's health at risk. We cannot afford to do anything because the maintenance fees are high, assessments' are high, housing value low and I am (disabled from a MVA) on a fixed income.

There are many in Florida on a fixed income with no clout to fight with associations & management. The permit & code enforcement unit is only able to cite the unit owner and bring the owner before the magistrate for things such as the dangerous windows – they cannot site the association or the management for the improper work (because they did not pull a permit).

We have no say in the level of repair or maintenance of the common areas of our unit however we are held liable for the improper work done. No one holds the management or association liable – not the code enforcement, not the dept of BPR and not the State statues.

As long as management/ associations are allowed to sneak in their "repairs" and have no liability – then we, the unit owners, will continue to suffer and get very little for the tens of thousands we pay in assessments and maintenance.

Cordially, C. Carr
CC to NBC & CBS

DBPR Protest On March 1, 2009

2009-02-21T19:46:00.001-05:00

Condominium Owner Eliane Soffer-Siegel has organized a protest against the failure of the Florida Department of Business and Professional Regulation to enforce the law. The protest will be held on Sunday, March 1, 2009, at the Miami Herald Building in Miami, Florida.

As Jan Bergeman said of the DBPR, “We all know it's a dysfunctional agency that does more harm than good!”

The DBPR has become the pawn of Boards and Law Firms, wasting the money we have paid into the Condominium Trust Fund.

In this Great Recession, the DBPR’s failure to enforce the law and protect the rights of Unit Owners will spend all of us into bankruptcy.

For more information, contact Eliane Soffer-Siegel at 786-246-2477.

Another Bad Day For The Galt

2009-02-20T15:19:00.006-05:00

February 10 saw former Chief Bruce Roberts and incumbent Christine Teel enter a two-way run-off for the District One seat on Fort Lauderdale's City Commission.

The run-off will be on March 10, 2009. Please vote.

I term this another bad day for the Galt because we lost our Champion. Inger Garcia is the only one that worked for reform and worked for the individual Unit Owner's rights.

The words of State Representative Julio Robaina continue to haunt the Galt.

"You may live in paradise now, but you're one election away from hell." State Representative Julio Robaina, February 2008

Graft and Corruption at Southpoint

2008-12-15T08:47:00.001-05:00

Steve Kelly wrote, “the Galt Ocean Mile is the biggest crime scene in Broward County.” I must disagree with Mr. Kelley on a minor point. In order for this to be a crime scene, the police would have investigated the many crimes committed by predatory boards. Tragically, the Fort Lauderdale police simply do not care about crime on the Galt.

How bad are the problems in the Gulag? In March 2006, the Wall Street Journal reported that Florida's Condominium Ombudsman Dr. Rizzo was receiving 700 complaints each week. He was overloaded and did not have time to acknowledge complaints, much less resolve them. The governor’s response to the problems was to fire the Ombudsman.

Millions Taken From Southpoint

From 1990 until 2005, Bob Rozema was President of the Southpoint Board and Condominium Association Manager. Florida law requires that Condominium Managers have a contract, but Rozema worked without a contract. Southpoint did not report the money as income. Could there be even one Board member who did not know this was illegal?

Southpoint’s Many Violations Of The Law

The DBPR has found many violations of the law by Southpoint. On October 25, 2004, the DBPR found that Southpoint improperly paid Rozema’s condominium assessments, improperly paid his condominium maintenance, improperly paid his property taxes, held secret meetings about paying Rozema, and failed to maintain Rozema’s employment records and contract. When asked to explain Rozema's compensation, Southpoint gave the DBPR “three conflicting statements.” In other words, the Board lied to the DBPR.

Fourteen Years Of Illegal Payments

In November 2004, the Southpoint Board wrote to the DBPR. They admitted breaking the law. They admitting making illegal payments to Rozema. There has not been an accounting of the payments, which could run into millions of dollars.

Fourteen years of illegal payments requires a comprehensive audit of these funds. Until then, it is mathematically impossible to determine how much to charge any Owner. Southpoint’s Owners have a right to know how much of their money was spent on illegal payments to Rozema, and possibly others. What else would be discovered? Why does the Southpoint Board continue the cover-up?

Allegations and Resignation

In February 2005, a group of owners hired attorney Inger Garcia and served a 35-page complaint on Rozema, Glazer, and the Southpoint Board. In March 2005, Rozema resigned as President, but the allegations went unanswered. Thirty-five pages of allegations, and not one denial. In addition, there has never been an independent audit of Southpoint’s books.

Police Chief Bruce Roberts To Southpoint Owners: Drop Dead!

In April 2005, Southpoint’s Owners and Attorney Garcia delivered the same complaint to the Fort Lauderdale police. They met with two police detectives. The detectives told the Owners and Attorney Garcia there was probable cause, and that they believed a number of crimes had been committed against Southpoint’s Owners. However, they needed permission from their Chief to move forward. Chief Roberts stopped the investigation, saying there was no money for condominium crime.

No money for condominium crime. Fort Lauderdale’s budget is at least twice that of any comparable city in the United States. Fort Lauderdale’s police department receives the lion’s share of that massive budget, making the Fort Lauderdale police department the best funded and best paid police department of its kind. Yet, Chief Roberts told his police detectives there was no money for condominium crime.

Three years later, Roberts is drawing a fat retirement income, at our expense, of nearly $100,000. Three years after stopping a criminal investigation at Southpoint, he wants us to elect him to represent us on the City Commission, and pay him an additional $30,000. The Gulag deserves someone who will be our advocate, not someone who told us to drop dead.

$200,000 Theft Gets Condominium President Twenty Years

Christopher Winkelholz, the former President of the Whitehall at Pine Island Ridge Condominium Association, will spend twenty years in prison for embezzlement. He must also serve fifteen years probation and make restitution to his victims. Winkelholz was convicted of stealing more than $200,000 from his Condominium Association. If Winkelholz was given twenty-years for stealing $200,000, what would Rozema have received if he had been convicted of taking $1,000,000 or more from Southpoint? What would an independent audit of Southpoint's books reveal?

An accessory is someone who knowingly aids or contributes to the commission of a crime. Glazer and the Southpoint Board admitted making illegal payments to Rozema. Are these the people who should be running Southpoint?

$500,000 Wasted – Followed By Increased Assessments

In 2002, Southpoint’s lobby was renovated at a cost of $354,412.89. This was a volunteer project managed by licensed Interior Designer Rebecca Bond and Interior Decorator Howard Berman. Berman and Bond did not receive any compensation or reimbursement for the lobby renovation, and everything was provided to Southpoint at their cost.

On October 26, 2005, Hurricane Wilma destroyed Southpoint’s lobby. Howard Berman offered to return the lobby to its former grandeur at his cost of just over $100,000. Berman tried to present his plan to the Owners during a meeting on February 7, 2006, but Glazer turned off the lights and ended the meeting. Glazer and his Board then squandered $500,000 on the lobby.
Glazer has just announced an increase of over eleven percent (11+%) in assessments at Southpoint. If Howard Berman had been allowed to restore the lobby, there would not be a need for the huge increase in assessments.

Foreclosures: Who Pays The Assessments

We are in a major recession, and things are getting worse. We just approved a seven-hundred billion dollar bailout, with more to come. Florida leads the country in repossessions. Your Association should be cutting costs and postponing all but the most essential expenses. This is a time to tighten your belt, not renovate your lobby.

Condominium Associations are losing revenue as the numbers of foreclosures rise. Many of the Owners who are struggling to pay their mortgages cannot pay their assessments. When a condominium is foreclosed, Florida law requires the bank to pay no more than three months assessments. If an apartment takes longer to sell, the other Owners pay. In some Associations, the point may be reached where bankruptcy of the Association is the only answer.

Term Limits versus Coronation

In 2004, State Representative Julio Robaina proposed term limits for condominium Board members. The problem is that some Board members are serving for almost unlimited time periods. Robaina proposed, “two term limits on board members unless there are no other volunteers.” These term limits were narrowly defeated due to the intense lobbying efforts of the enemies of the Owners.

Instead of term limits, transparency, and openness, we face the opposite at Southpoint. Glazer and his Board are asking Southpoint Owners to extend their term of office from one year to two. There seem to be no limit to the imperialistic dreams of the Glazerites at Southpoint.

A Bad Day For The Galt

2008-10-27T12:45:00.005-04:00

Last week, I reported on what could have been an important political event that degenerated into a non-event. Instead of an airing of important issues, the "moderator" helped two mean-spirited old men attempt to ambush one of the candidates. These two petulants were Marty Glazer and Mike Katz, both Southpoint Board members.

It backfired, embarrassed the candidates, embarrassed the Galt Community, and allowed two old men to embarrass themselves. Fort Lauderdale and the Galt deserve better.

The event proved the Galt Community Association is irrelevant.

As Mister Fort Lauderdale, Tim Smith wrote, "It was a bad day for the Galt."

Money

2008-10-26T18:14:00.001-04:00

Money: Era of Wasteful Spending Ending

The era of frivolous spending of tax dollars is ending. The era of unquestioned condominium graft and corruption is ending. Term limits are ending Naugle and Hutchinson's reign, and the odious era of Naugledale is ending. Christine Teel’s defeat at the polls is assured. She supported the destruction of our green space and helped Naugle and Hutchinson give the keys to the city to the developers who have done their best to pave paradise.

Money: 1921 Budget & Tax Reform

Florida has a rich history of budget and tax reform, reaching back to 1921 and one of the first states to implement an executive budget. Nelson Easterling analyzed Florida’s history of budget and tax reform. He started with Florida’s 1921 reform. He concluded that important reforms are difficult in a democracy because of the lack of a coherent voice from the voters. He suggested, “Florida will likely enter the next century on the heels of another failure and will continue to muddle through with incremental and misleading budgets.” Easterling was wrong, for we are speaking with one voice, and we are telling Florida’s governments to reduce taxes, cut spending, cut waste, cut public salaries, and eliminate non-essential government programs.

Money: The Property Tax

An essential part of the American dream is home ownership. Our home is our castle. However, the property tax is a direct threat to the dream. The property tax may be the worst tax in our country. It is a tax on our dreams, our homes, and our castle. It is extremely regressive, and takes away your ability to own your home, free and clear. It is a tax based upon the hypothetical value of your home. However, it cannot be paid out of the thing they are taxing, and must be paid out of your income. If you are retired and on a fixed income, increased appraised values led to dramatic increases in property taxes, forcing many people to leave South Florida.

Money: 1992 Save Our Homes

In 1992, Florida’s voters approved an amendment to the Florida constitution that limited the amount of value a homestead property could increase on the tax rolls each year. Save our Homes limits appraised value increases to the lesser of three percent of the Consumer price Index. This does not mean our property taxes cannot go up more than three percent. It is the taxing authorities that will determine how much they take. Your property tax bill is controlled by the Fort Lauderdale City Commission, Broward County Commission, Broward County School Board, and the Southeast Florida Management District. These government bodies control the tax rate, and can raise it much more than three percent.

Money: 2007 Tax & Spending Cut

In 2007, we passed a tax relief law that reduces the rate of property tax liability for owners. This law was happily signed into law by Governor Crist. Now, governments are complaining that services will be cut because of the tax cut and spending caps. Services will only be reduced if the governments refuse to cut bloated salaries, benefits, and retirement programs. Revenue losses in 2008 are about one-billion dollars. We are fortunate that our Constitution forbids deficit spending, so the various levels of government must cut their spending.

Money: 2008 Proposition Five

The 2008 ballot contains another voter initiative to reduce property taxes. Proposition 5 would remove the school board’s taxing authority from our homes. The difference would be made up by a one-penny increase in the consumption, or sales tax. It is estimated that your property tax would be cut by at least twenty-five percent if proposition five becomes law. Proposition Five will help reduce the government’s ability to undermine your home ownership, and reduce your property taxes.

Money: 2008 Naugle, Hutcheson, and Teel’s Wasteful Spending

There is no justification for Naugle, Hutchinson, and Teel paying Fort Lauderdale’s City Attorney and City Manager twice as much as much as our Governor, our Attorney General, Supreme Court Judges, and Circuit Court Judges. There is no justification for Naugle, Hutchinson, and Teel paying Fort Lauderdale’s police more than the Vice President, Speaker of the House, Chief Justice of the Supreme Court, Senators, Representatives, Governor, Attorney General, Supreme Court Judges, and Circuit Court Judges. Many of our cops on the beat are nice people, but do they should not make more than our highest officials do.

Naugle, Hutchinson, and Teel are out of touch with the voters. They spend our tax dollars as if they were monopoly money. Why else would they approve Fort Lauderdale’s grotesquely bloated salaries? Why else would they refuse to cut the bloated salaries of Fort Lauderdale’s employees who have grown rich at our expense?

Money: Your Condominium Association and the Law

Florida Law has requires “the manner of collecting (assessments) from the unit owners their shares of the common expenses shall be stated in the bylaws.” Notice this is clear: the bylaws. Some condominium associations are illegally collecting assessments because they specify the “manner of collecting” in their declaration, articles, or house rules. Review your condominium documents, and make certain that your association has the legal right to collect assessments; many do not.

Money: Your Condominium Budget & Spending

Your Association should be reducing expenses, renegotiating contracts, and postponing all but the most essential expenses. Do not allow your Board to get away with lumping everything into maintenance. Your Board should provide separate budgets for capital versus operating expenses. Capital expenses should be spread over multiple years, perhaps over the economic life of the asset in question.

This is a time to tighten your belt, not renovate your lobby. Does your Condominium Association Manager earn a six-figure salary? Does your Association pay huge retainers to rich law firms, or are they being as careful with your money as you are? Does your Board spend your money on political events? How much does your Board pay in tribute to CAI, CALL, or CAN? These organizations actively work against the Owner’s interests, yet your Board uses your money to pay them. Florida’s richest law firms are those that represent Condominium Boards in their fights against the Owners.

The Owners far outnumber the Boards and their lawyers, just as the vast herds of wildebeest are outnumbered by lions and hyenas. It is time for Owners to stop being the prey of predatory Boards and their lawyers.

Fraud and Roses

2008-10-04T09:24:00.000-04:00

Condominium President Sentenced To Twenty Years

Christopher Winkelholz, the former President of the Whitehall at Pine Island Ridge Condominium Association, will spend twenty years in prison for embezzlement. He must also serve fifteen years probation and make restitution to his victims. An owner described him as "a parasite living off of somebody else's sweat." Another owner described him as “a quiet, polite, helpful, charismatic, young man who was also a liar, a thief and a manipulator.” Without State Representative Julio Robaina and CCFJ President Jan Bergemann, Winkelholz would have escaped prosecution and fled to Argentina.

Definitions

The first step in any serious discussion is to define terms. Why is a good definition important? Without a good, clear definition, one cannot separate the presence of the concept from its absence. Without a good, clear definition, it is impossible to discuss the undefined term or concept. Many people own and live in them, but what is a condominium? Since we are dealing with Florida Law, we must turn to the Florida Condominium Act, FS718, for answers.

Condominium

According to FS718 718.103(11) "Condominium" means that form of ownership of real property created pursuant to this chapter, which is comprised entirely of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements.

Association

According to FS718 718.103(11)(2) "Association" means, in addition to any entity responsible for the operation of common elements owned in undivided shares by unit owners, any entity which operates or maintains other real property in which unit owners have use rights, where membership in the entity is composed exclusively of unit owners or their elected or appointed representatives and is a required condition of unit ownership.

Corporation

An artificial person created by and operating under law, thus possessing only the properties its charter gives it; a legal entity having an existence and personality distinct from that of the individual members that form it, but having the capacity of acting as a single person in matters related to its purpose. There are "public" and "private" corporations. Public corporations are created by the state for political purposes, e.g., a town government or a school district. Private corporations are created by private persons for nongovernmental purposes. Their shares are not sold to the public at large.

Association Must Be A Corporation

According to FS 718.104(3)(i) The name of the association, must be a corporation for profit or a corporation not for profit. Thus, a condominium is a form of real estate ownership that must be operated by a (Florida) corporation.

A rose by any other name would smell as sweet

In a classical example of unintended consequences, the Condominium Association exercises special powers that were not considered by the legislature. The Condominium Association is a de facto government, for it exercises governmental, executive, legislative, and judicial powers. These powers make the Condominium Association a government. The Condominium Association is a private corporation that is almost identical to the public corporations that Florida created for political purposes.

Powers of Government versus Condominium

Taxes

Governments and Condominiums have the power to levy and collect taxes. The Condominium’s taxes are called assessments. Taxes are created by the Legislature, County government, City government, School Board, or other public corporation in a government. Taxes are enforced and collected by the Property Appraiser and the Courts in a government. Taxes are created by the Board in a condominium. Taxes are enforced and collected by the Board in a condominium.

Laws

Governments and Condominiums have the power to make and enforce laws. Laws are made by the Legislature in a government. Laws are interpreted and enforced by the Courts in a government. The condominium’s laws are the declaration of condominium, by-laws and house rules. Laws are made by the Board in a condominium. Laws are interpreted and enforced by the Board in a condominium.

Due Process and Appellate Rights

The Constitution of the United States, as well as the Florida Constitution, guarantee due process rights. For example, the decision of a trial court has a formal appellate process. Condominiums do not have constitutions, and there are no guarantees of due process or appellate rights. The owner must accept the decision or file a civil law suit against the Association.

Bill of Rights

The Constitution of the United States, as well as the Florida Constitution, establishes fundamental rights in a bill of rights. Condominiums do not have constitutions, and there are no guarantees of individual rights. The AARP has a proposed a bill of rights for condominium owners, but it is opposed by the law firms that represent condominiums, and has not been adopted by Florida or any of Florida’s condominiums.

Separation of Powers

One of the fundamental elements of the Constitution of the United States, and of the Florida Constitution, is the separation of powers. This is also known as the system of checks and balances. There is no separation of powers or system of check and balances in a Condominium. The Board is autonomous and makes unilateral decisions. This is known as a dictatorship when a government exercises such powers.

Assess and Collect Fines

Government organizations and condominiums have the ability to assess and collect fines. The governmental ability to collect and assess fines is moderated by due process rights and the ability to appeal fines through the judicial system. In a condominium, the owner has the right to pay the fine.

Foreclose Homes

The power to foreclose your home is vested in governments and condominiums. Governmental are limited in their powers by your due process and appellate rights. Condominiums have greater foreclosure power than governments. There are records of condominium associations foreclosing for as little as a five-dollar fine.

Condominium As Dictatorships

A condominium association has all of the powers, and even more, of a government. Unlike governmental entities, condominiums associations are not limited a Bill of Rights, by separation of powers, and are not covered by the transparency requirements of the Sunshine Law.

Condominium Associations are governments in all but name.

Condominiums are not called governments because they are dictatorial, totalitarian organizations that are offensive to our American democracy. It is time for government to correct this problem, extend constitutional protections to owners of condominiums, and extend the Sunshine Law to cover condominium associations.

Spending Frenzy

2008-09-15T19:00:00.001-04:00

This is the third year that the market value of condominiums have dropped. Estimates of the loss range from 25% to 60%. Floridians voted for proposition one, a massive government spending cut. Major insurance companies left Florida, cancelling policies. Companies that stayed raised rates, sometimes more than doubling the rates.

Since mid-September, the stock market has crashed, losing half of the $8 trillion that has vanished since October 2007. We have seen two record-breaking losses on Wall Street. Investments and 401K values have dropped at rates approaching the Great Depression.

All of America's great investment banks -- Bear Sterns, Lehman Brothers, Merrill-Lynch, Goldman Sachs and Morgan Stanley -- either ceased to be independent or ceased to be.

The nation's largest savings and loan, Washington Mutual, and largest insurance company, AIG, have gone belly up.

Wachovia declared a 29.6 billion dollar loss for the third quarter of 2008 and is being acquired by Wells Fargo.

Three trillion of the eight trillion in stock value that is gone disappeared after passage of the 700 billion dollar federal bailout of Wall Street.

Regardless of who you read, America – and the world’s economy is in serious trouble. Seniors are outliving their money. Foreclosures are at an all time high. Intelligent people are tightening their belts, holding onto cash, reducing spending, and delaying major purchases.

Except at Southpoint.

The Southpoint Board is on a spending frenzy and our costs are out of control. They raised our assessments 11.5 %, and are spending our money on non-essential projects. We have a spendthrift, financially irresponsible Board.

Actions speak louder than words, and their actions show they are out of touch with reality and are violating their fiduciary responsibility to Southpoint’s Owners.

Except in Fort Lauderdale.

Fort Lauderdale’s lame duck mayor and city commissioners are also on another spending frenzy. This time, they,

“gave tentative approval to a 5 percent cost-of-living raise to top managers who aren't in a union, at a cost of $1.1 million; the 5 percent raise will go to the highest paid city employees, City Attorney Harry Stewart and City Manager George Gretsas, as well as to the city clerk and city auditor and about 245 others.”

Stewart makes almost $350,000 a year, so the raise gives him an extra $17,500. Gretsas makes almost $315,000, so his raise is an extra $15,750. That is a combined raise of $33,250 – or more than the median household income in the United States.

I repeat, actions speak louder than words. Only Charlotte Rodstrom’s objected to this spending frenzy. The actions of Lameduck Mayor Jim Naugle, Commissioner Christine Teel, Cindy Hutchinson, and Carlton Moore show they are out of touch with reality.

What, you may ask, of the candidates for Mayor?

Of the four candidates for Mayor, only Earl Rynerson has exhibited leadership and is taking a position against these outrageous raises. Kudos to Rynerson, and shame on you, Rossi, Seiler, and Trantalis. Special mention must be made of Seiler's support of these raises.

Southpoint's 2008 Election

2008-04-26T18:41:00.000-04:00

As you know, this is not the first time that Southpoint’s Board broke the State of Florida’s election laws. In 2006, they received a letter of violation for violating our secret ballot. Two years later, they committed a similar violation of the law.

On February 29, 2008, three days before the election, Florida’s DBPR issued a violation letter to the Board.

On March 4, three hours before the Election, the Board used the public address system to cancel our election.

Southpoint’s Board again violated the election law. This time, the Board chose to comply with the mandates of the violation letter and cancel the election, rather than waste even more of our money trying to fight the violation, a fight they would have lost because they did in fact break the law!

Despite knowing they had again broken the law, why did the Board and their attorneys write a two-page letter solely designed to cover up their lawlessness, and spread rumors by blaming others for their misdeeds?

The Board broke the law and had to cancel the election meeting.

Amazingly, Marty Glazer claimed that a “defect” was discovered in his letter. Breaking the law is not a defect. It is BREAKING THE LAW!

The DBPR’s 2008 violation letter stated,

“The Association, in violation of ... Florida Administrative Code, included ... a communication from the President, which endorses and comments on candidates. Such type of communication distributed with the second notice of election is specifically prohibited.” (by Florida law).

Congratulations to the State of Florida’s DBPR Bureau of Compliance.

This was one of the few stoppages of a Condominium Board election. This was a major humiliation for the Southpoint Board.

Democracy In Danger

2007-12-19T09:19:00.001-05:00

Most of us have a basic understanding of the United States Constitution, which I consider one of the greatest documents ever written. The Constitution does several things for us. It establishes the three branches of government (legislative, executive, & judicial), and protects us from excessive government power. One of the most important things the Constitution does comes in the Bill of Rights (the first ten amendments). The Bill of Rights addresses our individual freedoms. The Framers of the Constitution added the Bill of Rights because these guarantees of our individual freedoms were necessary to insure ratification of the Constitution.

Condominium owners are equal owners in a private, non-profit corporation. While the condominium documents appear to define the rules of the organization, they are all but unenforceable by a Unit Owner. In very simple English, there is no democracy in your condominium, for you left your rights at the door when you bought your condominium. In a condominium, you have the right to obey and to pay. If you think this sounds like fascism, you are right.

The United States Constitution created a series of checks and balances to protect us from the arbitrary exercise of power by the government. Florida’s Condominium Act, Ch 718, has no such checks and balances. Instead, it created a totalitarian state in each condominium association. Unlike the Framers of the Constitution, the Florida Legislature never bothered to amend the Condominium Act to guarantee our individual rights. The AARP proposed a Condominium Owner’s Bill of Rights, but it has not been adopted by our Legislature.

Just like Iran, Venezuela, Syria and China, a condominium board makes unilateral decisions. The board creates its own rules, and thus acts as the legislative branch. The board selects its own officers, who act as the executive branch. The board enforces its rules with fines and foreclosures, and thus acts as the judicial branch. You have no ability to appeal the Board’s decisions. If this sounds like a dictatorship to you, you are right.

Florida is facing the greatest threat to democracy in each of its condominiums. The Florida Condominium Act created a Fascist, un-American system. It is an anathema to the American way of life.

Condominium Commando

A Condominium Commando is a self-centered member of a Condominium Board who uses fear and intimidation to rule the Association. The Condominium Commando is an adult version of the playground bully. While the phrase has a cute ring to it, such a person is anything but cure. The term is misleading. The Condominium Commando is actually a Fascist Dictator.

Lord Acton said, “Power corrupts, and absolute power corrupts absolutely.” The history of world civilization documents corruption. Repeatedly, we see corrupt leaders blinded and even driven crazy by power. Thus, Louis XIV said, “L’Etat, c’est moi” (I am the State). Power corrupts. Absolute power corrupts absolutely. The Florida Condominium Act grants almost unlimited power to the board, and human nature guarantees absolute corruption.
Power corrupts. It is also true that corrupt people seek power. The failure of the Condominium Act invites corrupt people to become Condo Commandos.

Condominium Ombudsman

In 2004, the Legislature created the Condominium Ombudsman’s Office to help protect Unit Owners from the corruption of the Condominium Commando. The driving force behind creating this help for Unit Owners came from State Representative Julio Robaina. Our Condominium Ombudsman is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens.

The Legislature recognized that the Department of Business and Professional Regulation had failed to protect the rights of Condominium Unit Owners. They designed the Condominium Ombudsman’s Office to handle the many problems in condominiums without resorting to mediation, arbitration, or the courts. The Condominium Ombudsman’s Office investigates Unit Owner’s complaints, works for fair settlements, and is available to monitor condominium elections.

Ombudsman in Danger

The many forces that work against the Unit Owner are attempting to weaken the pathetic powers of the Department of Business and Professional Regulation. Even worse, the fascist forces are working to undermine the Condominium Ombudsman, and eliminate the office. If these anti-Owner forces are successful, we may be left with a system that forces us to hire a lawyer for the smallest of complaints, or to suffer quietly. I urge you to contact Governor Crist, Representative Robaina, and Representative Bogdanoff, to express your support for the Condominium Ombudsman’s Office.

Fort Lauderdale Code Enforcement

Your calls to Fort Lauderdale’s Code Enforcement Department have been extremely effective. Two managers have resigned because of your inquiries. The City is investigating the many illegal changes to condominiums that put your home risk. Protect your building, your home, and confirm that all work on your building had a permit and an inspection.

A Culture Of Sheep

2007-12-19T08:50:00.000-05:00

Gulag Growth

The gulag is growing. The Census Bureau projected that Florida’s population will pass that of New York within a few years, reaching twenty-million people. Forty percent will live in condominiums or homeowner associations. Confounding our growth problems, the real estate market is projected to lose an additional thirty-five percent of its current value over the next two years. There are projections of massive repossessions. The gulag’s problems are growing, and Florida is ignoring us.

A Culture Of Sheep

As Max Beerbohm, the English author and satirist, wrote, “You cannot make a man by standing a sheep on its hind legs. But by standing a flock of sheep in that position you can make a crowd of men.” As you know, a Condo Commando is a member of a Condominium Board who uses fear and intimidation to rule. While the phrase has a cute ring to it, such a person is anything but cute. The term is misleading. The Condominium Commando is actually a Fascist Dictator. The Condo Commando is the architect and beneficiary of the culture of sheep.

The Condominium Culture Of Sheep

There are two levels of the culture of sheep in the condominium culture. The first is among the owners. They have become submissive, passive people, afraid to raise their voices in dissent. At the most fundamental level, the owners allow the condominium commando to control their condominium association. Second is among the Boards of Directors. Board members submit to a dominant person, the head “condo commando” because they are afraid to exercise their fiduciary. Instead, they meekly obey as if they were small children.

The United States was founded by brave people who left Europe to found a new country and escape religious and political repression. Their descendants created our Bill of Rights and Constitution. These fearless people were not afraid to fight for principles. They refused to knuckle-under to the repression of the European monarchs. What has happened to strength of character that created America, that we are willing to accept the evil repression of the condominium commando? How could people who have the brave blood of the American pioneers become a culture of sheep?

How did we become a culture of sheep? Is this some Malthusian solution in which the genes that made us bold and brave have been selected out? Is natural selection working against us, diluting the genes of strength and character, and creating a culture of sheep?

The Condominium Owner As Sheep

If you attend a condominium board meeting, you would think this has happened. Here at Southpoint, I have watched in amazement when an owner raised a question about an action by the board. There were three components to the crowd’s reaction. First, they hissed at the questioner, telling her to be quiet. Then they raised their voices over that of the questioner, saying, “let the board do their job.” Finally, the response from the Board was to ignore Owner, saying, “Next question.” Amazingly, the crowd of sheeple allowed this to take place instead of rising as one in objection to this violation of not only the questioner’s rights, but of their rights.

The Board As Sheep

Board members fail to realize that the condominium association is a non-profit corporation. The members of the Board have a fiduciary responsibility to the other Owners. Perhaps, most importantly, the board members have equal authority. Most boards elect several officers – president, vice president, treasurer – without realizing that each officer answers to the other board members. A simple majority vote of the board can remove any officer.

This is an important point, because some people, including board members, believe that the board president has additional powers. This is due to the title of president. This has nothing to do with the independent executive powers exercised by a head of government, such as the President of the United States. In a corporation, the president of the board has no special powers. Your board president serves at the pleasure of your Board of Directors.

One of the tragedies of the failed experiment of the condominium, is the failure of a board of directors to remove a “condo commando” from their midst. In the history of corporations, there are many instances of the Board firing the President for a variety of reasons.

How To Stop Being Sheep

A Condo Commando is trampling upon your rights. You may be the victim of voting and/or financial fraud. What can you do about it? How can you protect your rights? First, call our Condo Ombudsman, Danille Carroll. Let her know what is going on in your association, and ask for her help. Second, call Representative Julio Robaina. He is the strongest supporter of Owner’s rights in the Legislature. Third, join the Cyber Citizens For Justice. They are the only Florida organization that is working for Owner’s rights. Fourth, join the AARP and let them know you support their Owner’s Bill Of Rights. If you want other ideas, please feel free to contact me.

Southpoint’s Mike Clarke -the unsung hero - fired by Southpoint

2007-03-15T11:32:00.000-04:00

In the wake of Hurricane Wilma, the Southpoint Board decided to replace all three roofs at Southpoint. They hired a $20,000 roofing consultant to help select the best roof, but ignored his advice against a cold tar roof!

Cold tar is a bitumen-based product. Bitumen is primarily used for paving roads, although it is also used for sealing flat roofs. In the past, bitumen was used as a waterproof coating for buildings. When the city of Carthage burned, it was due to extensive use of bitumen in construction. Tar is extremely flammable. A tar fire cannot be put out with water. Pouring water on flaming tar would spread flaming, molten tar, making the fire worse.

On December 7, 2005, McIntare listed twenty serious problems of “cold tar” roofing, they concluded, “McIntare & Associates Inc does not recommend this product for use on this building.”

The roofing contractor, Pritts Inc., used a large crane to lift a gasoline-powered forklift onto the roof of the South Tower. There were thousands of pounds of tar on the roof, in preparation of its being spread onto the roof. Why was a gasoline-powered forklift on the roof of a 200-unit condominium apartment building? The writer wonders if this machine, with its highly flammable fuel, was prohibited by any of Fort Lauderdale’s laws.

During the Summer of 2006, Southpoint Security Supervisor Arthur Carmichael Clarke heard two loud noises from the roof of the South Tower. He sent one of his staff across the street in front of Southpoint to see if anything was observable on the roof. At the same time, Mike took the elevator to the top floor, and went up onto the roof. As he was going up in the elevator, his subordinate radioed to him that he could see huge flames on the roof of the South Tower. Mike told him to call 911 and get the Fire Department.

When he opened the door, he saw the forklift in a ball of fire! It was sitting next to hundreds of rolls of roofing tar! He was shocked by this huge fire. Mike also knew that if the fire reached the tar, the entire South Tower would be lost in the worst fire in Fort Lauderdale. Mike knew that if the tar caught fire, that water would be useless on the fire, and water was the only thing he had to fight to save Southpoint.

He raced down to the top floor and grabbed the fire hose at the West end of the floor, and pulled it up the stairs to the roof. He frantically called his staff, but nobody answered! He ran back down the stairs to the fire hose valve and turned it on, and then raced back up the stairs to control the fire hose.
Thankfully, the fire had not spread to the tar, but the forklift was engulfed in flames. As Mike was running with the fire hose toward the fireball that was the forklift, he heard the voice of a resident employee who shouted to him, “Run, Mike! Save yourself! It’s going to explode!”

Instead of running to save himself, Mike trained the hose on the flaming forklift and blasted it with the fire hose he had pulled from the floor below! He flooded the forklift and killed the fire before it could spread to the adjacent tar. When Mike finished his heroic task, he turned to see several of his subordinates watching him. They were safely inside the stairwell, cowering in fear and marveling at Mike’s heroism.

If it had not been for the heroic action of Mike Clarke, the fire would have reached the stacks of highly flammable tar, and it is highly likely that the entire South Tower would have been lost to the worst fire in Fort Lauderdale’s history! Mike Clarke is the hero of Southpoint. Had it not been for Mike’s cool head, Southpoint’s South Tower would have been destroyed by fire.

The Fort Lauderdale Fire Department arrived after the fire was out. Fire Department Lieutenant Best told Mike that he had done an awesome job in putting the fire and saving the building. He said that if the fire had reached the tar, the fire would have become uncontrollable.

After the fire, Pritts Inc. sent Southpoint $300 to express its appreciation to the Hero of Southpoint. For reasons unknown to this writer, the $300 reward was given to other members of the Southpoint staff.

In February 2007, Joanne Wilson offered the position of Chief of Southpoint Security to Mike Clarke. Mike accepted the position. On March 6, 2007, Board Member Tony Regazzo decided that he would not step down from his job as Chief of Southpoint Security.

On March 15, 2007, Mike Clarke told Regazzo that he wanted to remain as a Security Guard, but he was no longer willing to serve as a Shift Supervisor. Regazzo first pressured Mike to resign. Then, when Mike refused, Regazzo’s response was to fire the Hero of Southpoint, Arthur Carmichael Clarke.

For those of you who do not know, Mike is a black man who became the first black man -- and only Southpoint hero -- to be fired by Southpoint. It is my understanding that Mike plans to file an EEOC lawsuit.

Windows and the Law

2006-03-01T12:57:00.000-05:00

In 2004, Florida changed the insurance requirements for condominiums. Florida law supersedes any condominium's documents. Florida law now requires that condominiums insure our windows and patio doors.

In October 2004, Florida changed and upgraded the statewide building code. The new code became effective January 2005. For high-risk coastal areas, the Florida Building Code of 2005 requires special high-impact window frames and two-layer laminated glass. Depending upon where one lives, there are new installation and specification requirements for windows and doors.

In January 2006, the DBPR issued Declaratory Statement DS2005-055, stating that all Florida condominiums are responsible to repair and/or replace anything they are responsible for insuring. A DBPR Declaratory Statement is like a court ruling. It establishes legal policy for Florida.

Your windows are the responsibility of your Condominium Association. Your Condominium Association must insure them. If your windows need to be repaired, your Condominium Association is responsible. If your window/door cannot be repaired to current Code, your Condominium Association must replace them with new, code compliant windows.

Glazer Temper Tantrum

2006-02-20T20:30:00.003-05:00

If you attended Southpoint’s 8:00 p.m., February 20, 2006, Board meeting, you witnessed a Glazer tantrum.

As all know, Glazer was pushing the Perla Lichi massive renovation of the lobby over the repair of the lobby proposed by Interior Designer Howard Berman.

During Howard Berman's presentation of his vision of the repair of the Lobby, Martin Glazer lost his temper and announced, “The meeting is adjourned.” he then turned off the lights and stalked out of the room without so much as a second of a motion to adjourn.

It was a bad day at Southpoint.

Southpoint Shenanigans

2005-12-15T08:10:00.003-05:00

Your response to my inaugural column in the December issue of the Fort Lauderdale City News has been incredible. Thank you! I have received many telephone calls and emails. I have met with many of you and heard your stories of graft, corruption, violence, and intimidation. All of you are unhappy with the actions of your Board. The adjectives used to describe them ranged from abusive to criminal. I would like to tell all your stories and shine the light of truth on the illegal actions of your Boards.

One person suggested that my column reduces the value of the Galt's condominiums. I explained to him that it is the graft, corruption, violence, and intimidation that reduces the values on the Galt. We are a nation of laws, and we must demand that our condominium laws be enforced.

Einstein said, "The world is a dangerous place to live — not because of the people who are evil, but because of the people who don't do anything about it."

It is time to do something about the evils in our condominiums. I hope that our new Governor and Legislature pay attention to our complaints and take action to correct these evils. It is time to reorganize the DBPR and charge them with using their enforcement power. It is also time to give our Ombudsman political independence from the DBPR, and empower the office to act. We have all had enough of the lip service paid to the abuses we suffer at the hands of our Boards.

AARP's condominium owners Bill of Rights

The Governor and Legislature should realize that an 800-pound gorilla has entered the room. I refer to the AARP, an organization of 36-million members. The AARP has recognized the extensive problems that face owners in condominiums and homeowner associations. They have published a Bill of Rights for owners, and have asked all fifty-states to adopt this fundamental document to protect the rights of the owners. About one-half of Florida 's two-million-plus condominium owners are over fifty. The AARP is asking Florida 's Legislature to pass laws to protect owners from abusive boards.

State Representative Ellyn Bogdanoff supports the AARP and the necessary reforms to make things better at the state level. During an interview on December 18, Ms. Bogdanoff told me she supports the educating and informing owners and their Boards concerning Florida Law. Ms. Bogdanoff believes better education of owners and members of Boards will lead to fewer problems.

State Representative Julio Robaina of Miami is leading the grass roots movement for condominium reform. In a recent interview, Mr. Robaina said, "a lot of reform needs to take place."

Condominium Law enforcement -- Pilot Program

State Representative Robaina has created a pilot program with the State Attorney's Office, the Florida Department Of Law Enforcement (FDLE), and the Department of Business and Professional Regulation (DBPR) to train all Detectives in Miami/Dade County on "condo crime." Effective on January 2, 2007, callers to the local police will no longer be given a blanket statement that condominium crime is a civil matter. Instead, the local police will respond to the report of violations of Florida law. The Miami/Dade pilot program will be extended into Broward and Palm Beach Counties.

Unlike the violation letters from the DBPR, if the Detectives determine there is probable cause, they will arrest Board members, Condominium attorneys, and Condominium staff. No longer will owners be required to pay for forensic audits. Given probable cause that a violation has been committed, the investigation will conduct the necessary forensic audit of condominium books and records.

Southpoint Censorship and Control

If you have ever seen a City Council or School Board meeting, you know that citizens are given the opportunity to address the body, and given a podium and microphone so they can be seen and heard.

This is not the case at Southpoint. The Board passed a rule that you must request, in writing, permission to add an item to the agenda. The Board has exclusive right to control the agenda. If you fail to get permission to add an item to the agenda, you may attempt to address the Board by raising your hand during the meeting.

You are forbidden to use the microphone, so most of the owners cannot hear you speak. Unless you agree with the Board, the Glazerites will hiss at you, and tell you to be quiet. If you ask a challenging question, the answer from the Board will be, "next question."

Southpoint's Richard Berman

Marty Glazer introduced Richard Berman to us at the first meeting after Hurricane Wilma as working for Southpoint as a free lawyer. The truth is that "free" was a lie. I have copies of the bills sent to Southpoint by Berman's law firm. As an owner, you are entitled to see all bills, so ask for a copy of the bills and checks in the office. You will discover that Richard E. Berman charged us $700 to prepare and attend that meeting. Our "free" lawyer's firm has charged us over $8,000! It is not nice to profit from your neighbors. Richard, be a mensch and return our money.

Reserve Funds

It is time to address the money issues the Board evaded in their letter sent to owners dated February 24, 2006. The Board has not produced the documentation that shows where the $347,686 that was in the reserves on December 31, 2005 was spent on the necessary repairs dictated by Hurricane Wilma.

What was repaired with this money? Southpoint's owners have a right to know. Did the Board forget they already assessed $280,000 in 2006 reserves in the November 21, 2005 statements to owners? The entry on that statement under “Annual Assessment-Reserve” is the 2006 reserve assessment that was already paid. Did the Board double charge Southpoint's owners on their 2006 reserves? Southpoint's owners have a right to an accounting of this money.

Liens on Board Members and Innocent Owners

On May 8, 2006, McIntare Associates placed liens on the apartments of Marty Glazer, Murray Moskowitz, and Bob Rozema. Even worse, liens were placed on three innocent Southpoint owners! I interviewed Don McIntare, and he told me the liens were filed because Southpoint failed to pay him. According to McIntare, Southpoint made an initial payment and then refused to pay the rest. The liens appear to mean that Glazer and Moskowitz are no longer in "good standing," and are not eligible to be on the Board. We need a Board that is financially responsible, not one that made Southpoint the laughing stock of the Galt Mile.

Windows, DOORS, and The Law

In 2004, Florida changed the insurance requirements for condominiums. Florida law supercedes any condominium's documents. Florida law now requires that condominiums insure our windows and patio doors.

DBPR Declaratory Statement

In January 2006, the DBPR issued Declaratory Statement DS2005-055, stating that all Florida condominiums are responsible to repair and/or replace anything they are responsible for insuring. A DBPR Declaratory Statement is like a court ruling. It establishes legal policy for Florida.

Palm-Aire Condominium

On April 24, 2006, the Palm-Aire Country Club Condominium Association Board wrote to their Owners, stating that the DBPR made a decision for all Florida condominiums, "If a Condominium Association insured an item, they must be responsible to repair or replace that item." Palm-Aire wrote to the Owners informing them that if they repaired or replaced their windows, they should submit their bills for reimbursement. They also wrote that if windows have not been repaired or replaced, the Office will get bids and have their windows and door repaired or replaced. Palm-Aire is obeying the law. All condominiums should follow Palm-Aire's example.

Southpoint's Windows – The Truth

The Florida Building Code was passed in October 2004 and became effective January 2005. For high-risk coastal areas, the Florida Building Code of 2005 requires special high-impact window frames and two-layer laminated glass. About 150 apartments have the original windows, about 200 have 1998 windows, and about 50 have windows installed after 2000.It is highly unlikely, perhaps impossible, that any window installed before 2005 could meet the current Florida Building Code. It seems that about 350 Southpoint apartments have windows that cannot meet the 2005 Florida Building Code. In order to meet the 2005 Florida Building Code, it will be necessary for most windows at Southpoint to be replaced.

Southpoint's Windows -- Who Is Responsible?

Your windows are owned by, and must be insured by Southpoint. If your windows/door need to be repaired, Southpoint is responsible. If your window/door cannot be repaired to current Code, Southpoint is responsible. What is called the Southpoint window policy appears to be in violation of Florida Law, the DBPR's Declaratory Statement on Windows, and cannot be enforced.

Southpoint, like Palm-Aire, must repair or replace your windows and doors. This was confirmed by a DBPR letter of violation.

Southpoint's Violation -- Again

In August 2006, Southpoint Owners filed DBPR complaints that Southpoint was in violation of the Florida Law, and DS 2005-055. The DBPR found the complaints to be true, and issued a letter of violation stating that Southpoint is in violation of Florida Law, and of the DS 2005-055.

Southpoint – Glazer's Excuses

After I put this column to bed, Southpoint's Glazer used the owner's money to send another of his political letters. At the Board meeting of December 11, 2006, Glazer and his followers denounced this newspaper as a "rag." They disparaged publisher Steven Kelly and me. They accused us of attacking Rozema after his death, in ignorance of the truth and the lead times for this column. However, Glazer's denials are hollow, ignore the facts, and are simply a weak attempt to smear those who work to bring the truth to you. This newspaper only presents documented facts. In contrast, Glazer whines that mystery people spread rumors and slow him down. He makes excuses about city inspectors, mysterious emails, and letters. People of character make results, losers make excuses.

Violence At Southpoint

Consider the following facts about the Glazerites and Southpoint.

On October 1, 2004, during a Board Meeting, former Board member Rebecca Bond’s life was threatened by Board member Murray Moskowitz. Present were Rozema, Glazer, etc., who did nothing. See Police Report 04-119992. Chief Bruce Roberts did nothing.

On July 5, 2005, my car was keyed while locked in the "secure" Southpoint garage. The cars of Nico Minardos and Rebecca Bond were keyed earlier that year. See Police Report 05-83392. Chief Bruce Roberts did nothing.

On December 24, 2005, Leonard Champagne was attacked and beaten by Southpoint’s former Security Head. The attacker was here as a registered overnight guest of a Board member. See Police Report 05-160285 and State Attorney Intake NC-061602. Chief Bruce Roberts did nothing.

On January 26, 2006, Robert Coopchik and I were assaulted by Marty Glazer. See Police Report 06-132373. February 3 through February 7, I was stalked and harassed by former Board member Alan Zeldman. See Police Report 06-16998. Chief Bruce Roberts did nothing.

On February 7, 2006, Marty Glazer turned off the lights and stalked out of a Board meeting when the Owners preferred to listen to Howard Berman and not Marty. Chief Bruce Roberts did nothing.

On June 19, 2006, Grayson Walker and other Insurgents lives were threatened by anonymous letter. See Police Report 06-77458. Chief Bruce Roberts did nothing.

Southpoint – Call For Glazer & Board Resignations

With the violence at Southpoint, some by the Board, and the numerous DBPR findings of violation of Florida law by the Board, it is time for Glazer and the Board to resign. It is time for a forensic audit of Southpoint's books and an end to this sordid Southpoint saga.

Condominium 101

2005-12-01T12:41:00.000-05:00

When you buy a condominium, you become a member of a non-profit corporation, your condominium association. As an owner, you are entitled to elect the Directors of your corporation to a Board. Unlike the President of the United States, our Governor, and our legislature, there are no term limits for the Board. The Board makes all of the decisions for the condominium. The most important is the power of the purse. The Board creates the budget and decides how much it will "tax" you for maintenance. This is called an assessment. The Board then approves the budget it created, and the assessments to fund it. If you fail to pay what the Board has ordered, the Board has the power to foreclose on your condominium and take your home.

The Board tells you of its decisions, but you have no ability to appeal their decisions, or debate them at a Board meeting. The Board controls all communication.

Where, you may ask, are your Constitutional rights? Where is democracy? The answer is that you left them at the door when you bought your condominium. You have the right to obey the Board. You have the right to pay what the Board tells you to pay.

Board members repeat the cliché that they are "poor volunteers." This is not true, for Board members are public figures and politicians. They have access to media, and can address their public. At Southpoint, our Board uses our money to mail a monthly political newsletter to tell us how wonderful they are.

DBPR

The Department of Business and Professional Regulation (DBPR) regulates Florida condominiums. The DBPR has the power to investigate violations of the law. Unfortunately, the DBPR does not have the power to enforce the laws. The DBPR can issue a "violation letter," but they cannot force a Board to follow the law.

How bad are the problems in Florida's condominiums? In March 2006, the Wall Street Journal reported that Florida's Condominium Ombudsman was receiving 700 complaints each week. The Ombudsman was overloaded and barely had time to acknowledge a complaint, much less resolve the problems.

If your Board refuses to obey the findings of the DBPR and follow the law, you can either accept the situation or file a lawsuit against your Board. You will spend your money on your lawyer. The Board will use your assessment money to pay a lawyer to fight you! In other words, you will be paying for both sides of the lawsuit. If you win, the Board may be required to pay your legal fees, but that would come out of your assessment. In other words, you would reimburse yourself for your legal fees. If that makes sense to you, please let me know.

Southpoint's Robert Rozema

In the early 1990s, Robert Rozema became President of the Southpoint Board and Condominium Building Manager. Although Florida law requires that Condominium Managers have a contract, Rozema was hired, and continues as manager, without a contract. Instead of a contract and a W-2, Rozema was paid from petty cash. Of course, this meant that Southpoint was not paying into the Florida unemployment fund, the Federal unemployment fund, the Social Security Trust fund, or withholding income taxes.

For years, I was told that Rozema was a "poor volunteer." However, according to the DBPR, Southpoint not only paid "poor volunteer" Rozema in cash, but also paid his property taxes, condominium maintenance fees, condominium assessments, health insurance, car insurance, gasoline, electricity, telephone, America On-Line, membership in the Tower Club, and Condominium Association Manager fees. Southpoint also replaced his windows for $5,259. If this is not enough, he received the lion's share of the Christmas Fund.

Violations of the Law

The DBPR has found many violations of the law by Southpoint. For example, in a violation letter dated October 25, 2004, the DBPR found that Southpoint improperly paid Rozema’s condominium assessment, paid Rozema’s condominium maintenance, held secret meetings about Rozema’s compensation and did not take minutes, and failed to maintain Rozema’s employment records and contract. When asked to explain Rozema's compensation, Southpoint gave the DBPR “three conflicting statements regarding his compensation, none of which were verifiable.” Three conflicting statements! That is a bureaucratic way to say that the Board lied to the DBPR.

In November 2004, the Southpoint Board wrote to the DBPR and admitted having made these illegal payments to Rozema. They claimed to have stopped making these illegal payments. There has not been an accounting of the payments. There has not been restitution of these illegal payments, which could exceed one-half million dollars.

The ten-year history of illegal payments requires a comprehensive audit and restitution of these funds. Until restitution has been made, it is mathematically impossible to determine how

much to charge any Owner.

Allegations and Resignation

In February 2005, a group of owners and attorney Inger Garcia served a 35-page complaint on "poor volunteer" Rozema and Board. Within one-month, Rozema resigned as President, but the allegations went unanswered.

Chief Bruce Roberts Quashes Investigation

In April 2005, the Owners and attorney Inger Garcia delivered the same complaint to the Ft Lauderdale police. After discussions with two detectives, Fort Lauderdale's Chief of Police, Bruce Roberts, refused to investigate the case, saying he had no budget for condominium crime. The FLPD receives about 60% of Fort Lauderdale's $600 million budget.

Violation of the Secret Ballot

On April 21, 2006, the DBPR sent a violation letter to President Marty Glazer and the Southpoint Board, finding they had violated our sacred right to a secret ballot. For hundreds of years, Americans have died for democracy and the right to vote. Yet, the Southpoint Board violated one of our basic rights: the right to a secret ballot. The Board was not punished!

Dangerous Windows.

In the late 1990s, the Board forced Owners of apartments facing the ocean to replace their Eastern windows. Some Owners opted to replace their windows at that time. These windows have white frames and tempered glass. An impact will shatter these windows into crumbs. These windows cannot meet the 2005 building code, although some Owner's receipts falsely state the windows are “high impact” windows. Although required by Florida Law, there was no competitive bidding for selection of the window vendor. The prices for these replacement windows were above normal retail.

Tempered glass is a type of safety glass often used in shower and sliding glass doors. Tempered glass can be a security risk due to the tendency the glass has to shatter upon impact. This is exactly what happened during Hurricane Wilma, when many of these tempered glass windows exploded into small chunks of glass. Many of Southpoint's Owners were injured by these exploding windows, which they believed to be safe. They were not.

Laminated glass consists of a tough protective interlayer made of polyvinyl butyral (PVB) bonded together between two panes of glass under heat and pressure. Similar to the glass in car windshields, laminated glass may crack upon impact, but the glass fragments tend to adhere to the protective interlayer rather than falling free and potentially causing injury.

Paneful Policy

The DBPR issues official statements of the interpretation of the law, known as Declaratory Statements. Florida law requires that condominium associations insure windows and patio doors. Declaratory Statement DS 2005-055 of January 2006, stated that all Florida condominiums are responsible for the repair and/or replace anything they are responsible for insuring. In order to meet the 2005 Florida Building Code, it will be necessary for most windows at Southpoint to be replaced.

In August 2006, Southpoint Owners filed DBPR complaints that Southpoint was in violation of the Florida Law, and DS 2005-055. The DBPR found the complaints to be true, and issued a letter of violation that Southpoint is in violation of Florida Law, and of the DS 2005-055.