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Now here is a group that just makes your life run under " their thoughts and moral values. Bullshit! Tell the BOD at Utter Hell to grow the hell up and wake the hell up! Yes YOU are under surveillance by the BOD at Utter Hell at all times. But now it is t turn the tables and make them understand that a people should NEVER BE AFRAID OF THE BOD, THE BOD SHOULD BE AFRAID OF THE PEOPLE!
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Update: Since oneof your current BOD's has stated that they know who put the shopping cart in my door so that we could not exit without major distress, You now have a person who has clearly stated that they will commit perjury at any hearing. I love when you can't trust people,
Also, since the game is afoot, we have taken the liberty of reporting every single attorney for Otter Key and all BOD members past and present to the IRS under Form 3949a. So I will let the law handle you guys and make your lives as miserable as you have made mine from the first day I moved inthere.
And my new neighbors, they all love me, have no problems with me, speak to me and just think that I am a great neighbor. And one mor thing, to the bitch real estate agent, it has come to my attention that you bad mouthed me to oneof your seales in the building from the get go and now treat these people the same way that you treated me. Remember, I still own that place and I am going to make sure that you get your full and just due for he costs to my life by your lies. Can't wait for october 1st, you are all going to suffer because you never once audited your book. Tick-Tock, look at the clock, for the time is near and you should all be in fear, your lies ad cheats, your deeds and greed are ABOUT TTO COME CRASHING DOWN. AND YOUR COMPUTER JUST MAYBE GOT SCANNED TOO. I KNOW THAT YOU LOOK, AND I MAYBE JUST LOOKED AT YOUR ENTIRE HARD DRIVES AS WELL! EACH AND EVERY DAY, I GET TRAFFIC REPORTS FROM YOUR IP ADDRESS AND MAKE SURE THAT I KNOW WHO IS LOOKING AND WHO IS NOT.
Well in less than 2 months, the doors will be open to the entire history of Otter Key Condo Association. Thats when on October 1st,2008 the books will be requested, the bank statements, the checkbooks, the invoices, the petty cash receipts and so very much more. At that point we will be turning them over to the IRS and to the State. And if you refuse me, I have the law on my side, you will have 5 days to comply and if you don't comply then the state walks in with a full blown subpoena and just takes them. Hope your little hands are busy???? Can't wait to see the IRS tax returns, the deductions and so forth, including all the bank statements as we have them looked over by real accounts. Remember, your records have to be certified and sworn to by all parties as being true and correct. Can't wait to see a number of you current and past going to prison. You won't audit your books for 25 years, there must be something wrong! No you don't have a choice but to give them to me, reams of paper, documents and any other things that i request under the new and improved Fl law 718. You are fucking toast!
Update: for the morons of the BOD! At 18:01:04 seconds on 07 21,2008, the NEW ADT alarm went off bringing fire trucks and the cause was due to lack of water pressure not being able to be maintained. Oh, lets not forget that the unit on the 3rd floor was smelling like a dead person, but it seems that the power failures and trips that occur there are all due to not being able to see your electric meter. I can't think of a better reason than to ask the entire BOD to resign and get rid of Infiniti/ Optimum Property management. Forcing people to walk a fire watch like WW2 in London. Your BOD president (WHO does not have a clue!)refused our offer of full security teams when the first thought of closing the building was announced in the elevators. We have the pictures of the notice!Imagine since you pay 365 dollars a month that they could not find any contract security company in the entire state to watch the building. Gee, We were able to have full security teams on the ground within 3 hours notice with full certified fire fighting gear for 20K per day, and having the elderly walking around the building at 3 A.M And remember kids, October 1st is coming real fast at you. The new Condo law takes effect and we will be making sure that every bill, invoice, BOD meeting tape etc is in order. Not some lame brain excuse. And to little miss property mgr, you just got an IRS Form 3949a dropped on your personal ass. And never a thank you for the flowers. That means I have full access to all of your records, got it ALL of your secrets. Ohh, they better be within electronic reach as the new law states. It would be best if one of of the brain trust find someone to buy me out before that day comes crashing down. Because someone is going to jail; and it won't be us, it will be the BOD!By the way, has anyone else been tazered by the cops as being a resident and having binoculars? Can't wait for that lawsuit to hit all of you! And now there is a recall petition to occur! We are getting rid of all of you and your minions. You are all dying, all suffering from old age and being found dead in your little warrens, maybe more will be found and the new day will come. And like the fact that your property values are dropping from what you paid? Good, Big wake the Fuck UP CALL!
Remember WWW.CONDOKILLERS.COM is here to help you get out before it is too late and you lose everything!
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Hey Toliet Paper Tom, changed your number, we got the new one, Krumholtz, you are about to get served with papers too! And poor Mike went to the doctors today who took pictures and did an EKG and EEG and guess what, your actions just brought another lawsuit against the place. Thats right, he has hired through my money Luke Lirot! He gets to see him Monday, you get to lose and then I get to see you all fall flat on your faces. Fuck you Penturich! I will stare at the building with binocs all I want, call the cops on me too; I will make your life a living hell. Ohh, forget to tell you, called the county employment office and asked them to look into your time sheets and your meetings with otter key BOD members every wed. as it seems that you may be in violation of employment contracts. can you say BYE BYE to your pension? I can. And yes, there is another lawsuit being filed against the place. Otter Key Residents are sacrificed to the BOD and to the Management company. Don't be a sucker, take back the power. Remember another one of the old guard died on the 12th and was carted out by the ME's office. Too bad for them, the days are numbered. Here comes October 12 kiddies, and what a firestorm of paperwork are you about to receive. Every record in the entire place is now mine come OCTOBER 1st and I will have every document for the last 7 years, every check, every communications, everything and anything that is the property of the association. If you were smart, (but you
are not!) You would have settled this case a long time ago and gotten rid of me. Now, your time is over. The resident will fight back now with the law on OUR side. So fuck Mezer and his stalling tactics, no more games, fuck your management company, fuck all of you for 23 years of never audited the books; so you must or it is just plain theft be stealing from the residents?
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Tick Tock, the clock is running, the date for your total game playing is over. OCTOBER 1st,2008 the death knell of your illegal and stupid rules and regulatioms is about to come to a big close.Come kids, lets make this the ugilest trial in 20 years in that county you think is so fucking wonderful.BTW, did you know that your SO-CALLED ATTORNEY WAS FIRED FROM YET ANOTHER HOA FOR BEING SUCH AN ............
GEE, IF THIS GUY WAS MY ATTORNEY, I WOULD FIRE HIM IN A HEARTBEAT! YOUR ATTORNEY IS NOTHING MORE THAT A TRANSACTIONAL REAL-ESTATE ATTORNEY WITH NO SKILLS AF FAR AS I CAN SEE. ASK HIM ABOUT 106 THOUSAND REASONS OR ALL ABOUT CELTIC CROSSED OR HOW ABOUT AMERICAN FLAGS.
TICK-TOCK, TICK-TOCK, TICK-TOCK; AKS NOT FOR WHOM THE BELL TOLL'S FOR IT TOLLS FOR THEE; OTTER KEY. DO YOU HEAR THE CHIMES AT MIDNIGHT? WE SHALL UNLEASH MY DOGS OF WAR AND CRY HAVOC AGAINST YOU.
AND TO YOUR LITTLE BOD PRESIDENT, JUST FILED AN UNLICSENED PRACTICE OF LAW COMPLAINT AGAINST YOU FOR YOUR UPL AT OTTER KEY.
Changes to FS 718 -- The Condo Act
Abstain from Voting Liability for Monetary Damages Civil Penalty for Destroying Records Accessibility of Requested Records Prevention of Identity Theft
Disclosure + Info for Reserves Audit; Financial Reporting Votes for Ghost-Units
Agenda; Notice of Assessments
Annual Meeting Location
Eligibility to Serve on Board Certification Form Candidates Prohibits opt-out of Election Process Proxy Reserve Funds Board Member Due Delinquency
Removal of Director
Theft, Embezzlement Receivership Notice Installation of Hurricane Shutters Engineer Report Religious Object
Hurricane Shutters Notice of Receivership Lien Intent Notice by Certified Mail Prohibition Against SLAPP Suits Association Emergency Powers
Transfer of Association Control Requires Engineer's Report at Turnover Disclosure of Financial Interest Option of Contract Cancellation Fine Committee
Duties of Division Jurisdiction Civil Penalty, Removal from Board Subpoena for Requested Records Education Cooperate with Investigation
Ombudsman: Resolution Disputes Community Assoc. Living Study Council Non-Developer Disclosure EFFECTIVE DATE
FS 718.111(1)(b)
Abstain from Voting
Allows director to abstain from voting without any presumption that director has taken any position.
FS 718.111(1)(d)
Liability for Monetary Damages
Provides that an officer, director, or agent must act in good faith and is liable for monetary damage under certain circumstances: violation of criminal law or a derived personal benefit or an act or omission in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.
FS 718.111(12) 11
Civil Penalty for Destroying Records
Creates a provision that subjects to civil penalties any person who knowingly or intentionally defaces, destroys, or fails to create or maintain accounting records.
FS 718.111(12)16(b)
Accessibility of Requested Records
Requires association to make requested documents available within 45 miles of the condominium property or within the county -- within 5 working days. (Not valid for timeshare condominium). Offers option to make requested records available via Internet or being viewed on computer screen and printed upon request.
FS 718.111(12)16(c)4
Prevention of Identity Theft
Creates a provision that hinders identity theft by making Social Security numbers, driver�s license numbers, credit card numbers, and other personal identifying information in possession of the association not available within the official records of the condominium.
FS 718.111(13)
Disclosure and Information for Reserves
Requires the Division to create rules that include disclosure of at least a summary of the reserves, including information as to whether such reserves are being funded at a level sufficient to prevent the need for a special assessment and, if not, the amount of assessments necessary to bring the reserves up to the level necessary to avoid a special assessment.
FS 718.111(13)(d)3
Audit; Financial Reporting
Provides that audit or review shall be paid for by the developer if done prior to turnover of control of the association. An association may not waive the financial reporting requirements of this section for more than 3 consecutive years.
FS 718.112(2)(b)2
Votes for Ghost-Units
Votes allocated to units owned by the association may not be cast by proxy, ballot, or otherwise for any purpose (eliminates �ghost votes�).
FS 718.112(2)(c)
Add Item To Agenda;
Notice of Assessments being Considered
Creates an avenue for unit owners to place an item on a board meeting agenda or call for special meeting of the board through a petition of 20% of the owners within 60 days.
Requires notice of any meeting in which regular or special assessments against unit owners are to be considered for any reason shall specifically contain a statement that assessments will be considered and the nature, estimated cost, and description of the purposes for any such assessments.
FS 718.112(2)(d) 1
Location Meeting; Eligibility to Serve on Board
Determines location of annual meeting.
Creates provision that permits all board members to stand for re-election each year, but allows staggered terms for no more than two years, if membership approves.
Prohibits co-owners of a unit from serving on any board at the same time in an association of greater than 10 units.
An owner who has been suspended or removed by the Division under this chapter is not eligible for board membership.
Prohibits owners delinquent in the payment of any fees or assessment to serve on board.
Prohibits anyone convicted of a felony anywhere from serving on a board of directors. However, a felon may be eligible to sit on the board if their rights have been restored and they are 5 years removed from the date of restoration.
FS 718.112(2)(d) 3
Certification Form Candidates
60-day election notice shall include certification form provided by the Division attesting that candidates for board membership have read and understand, to the best of his or her ability, the governing documents of the association and the provisions of this chapter and any applicable rules. This form has to be signed and sent to the association by each candidate not less than 35 days before the election.
FS 718.112(2)(d) 8
Prohibits opt-out of Election Process
Prohibits associations that are 10 units or more to opt out of statutory election process and mandates that all condominiums over 10 units abide by chapter 718 election laws.
FS 718.112(2)(f) 4
Proxy Reserve Funds
Proxy questions relating to reducing or waiving the funding of reserves shall contain a statement explaining the effects of this.
FS 718.112(2)(n)
Board Member Due Delinquency
A director or officer more than 90 days delinquent in the payment of regular assessments shall be deemed to have abandoned the office, creating a vacancy in the office to be filled according to law.
FS 718.112(2)(o)
Removal of Director charged with Theft or Embezzlement
A director or officer charged with a felony theft or embezzlement offense involving association's funds or property shall be removed from office, creating a vacancy in the office to be filled according to law. While such criminal charges are pending, he or she may not be appointed or elected to a position as a director or officer. If charges are resolved without a finding of guilt, the director or officer shall be reinstated for the remainder of his or her term of office.
FS 718.1124
Receivership Notice
Notice of intent to apply for receivership; 30-day notice must be provided by the unit owner to every other unit owner of the association by certified mail or personal delivery.
FS 718.113(5)
Installation of Hurricane Shutters
Allows the board to install hurricane protection that complies with or exceeds building code with the approval of a majority of voting interests. Prohibits the board to install hurricane shutters where such protection (meeting or exceeding building code standards) is already in place.
Outlines how to determine who will be responsible for the installation, replacement, operation, and repair of hurricane protection.
If the declaration states the association is responsible, hurricane protection will be treated as a common element.
If the declaration does not say who is responsible, the unit owners shall be responsible for the hurricane protection and the cost shall be charged individually to the unit owners.
Those unit owners who already have installed hurricane protection which complies with the building code shall receive a credit for the portion of the assessed installation cost assigned to each unit. The unit owner shall, however, remain responsible for his or her share of hurricane protection installed on the common elements.
FS 718.113(6)
Engineer Report
Requires the condominium building to be inspected and the board to provide a report under seal of an architect or engineer authorized to practice in this state attesting to required maintenance, useful life, and replacement costs of the common elements. Opt-out possible, membership vote required!
FS 718.113(7)
Religious Object
An association may not refuse the request of a unit owner for a reasonable accommodation for the attachment of a religious object on the mantle or frame of the door of the unit owner.
FS 718.115 (1)(e)
Hurricane Shutters
Clarifies further who is responsible for maintenance, repair, and replacement of the hurricane shutters or other hurricane protection. Charge of cost.
FS 718.117 (7)(a)
Notice of Receivership
Requires written notice to all unit owners if receiver is appointed after natural disaster.
FS 718.121 (4)
Lien Intent Notice by Certified Mail
Requires 30-day notice of intent to file a lien to be delivered to the owner by certified mail, return receipt requested, and by first-class United States mail to the owner at his or her last known address as reflected in the records of the association.
FS 718.1224
Prohibition Against SLAPP Suits
Protects owners against SLAPP (Strategic Lawsuits Against Public Participation) suits. This form of litigation is frequently filed by associations to intimidate and silence critics or opponents by burdening them with the cost of a legal defense so that they abandon their criticism or opposition. Association boards have attorneys filing frivolous lawsuits forcing the outspoken owner to hire an attorney to defend this lawsuit. These lawsuits are later dropped leaving the owner stuck with his/her attorney's fees.
FS 718.1265
Association Emergency Powers
Provision affords the board the authority to exercise certain powers in the event of a declared emergency by the governor in order to mitigate damages to the property. Power is supposed to be limited to prevention of further damage and emergency repairs.
FS 718.301 (4)(1)
Transfer of Association Control
Adds turnover requirement provisions:
When the developer files a petition seeking protection in bankruptcy;
When a receiver for the developer is appointed and not discharged within 30 days
FS 718.301 (4)(1)(p)
Requires Engineer's Report at Turnover
Requires developer to add a report to official records, under seal of an architect or engineer authorized to practice in this state, attesting to required maintenance, useful life, and replacement costs of the following applicable common elements comprising a turnover inspection report.
FS 718.3025 (1)(f)
Disclosure Requirement of Financial Interest
Requires disclosure of any financial or ownership interest a board member or any party providing maintenance or management services to the association holds with the contracting party.
FS 718.3026(3)
Option of Contract Cancellation
If such a contract is approved, the contract could be voided with a vote of the majority of unit owners without penalty.
FS 718.303 (3)
Fine Committee
Disqualifies board members and persons residing in a board member's household from being members of the grievance (fine) committee.
FS 718.501 (1)
Duties of Division Jurisdiction
Gives Division complete jurisdiction to investigate complaints and enforce compliance with the provisions of this chapter with respect to associations that are still under developer control and complaints against developers involving improper turnover or failure to turnover.
Limits Division jurisdiction to investigate complaints related to financial issues, elections, and unit owner access to association records after developer turnover.
FS 718.501 (4)
Division Power
Civil Penalty, Removal from Board
Empowers Division to levy civil penalty and/or to order the removal of any individual, who willfully and knowingly violates a provision of this chapter, as an officer or from the board of administration or as an officer of the association; and may prohibit such individual from serving as an officer or on the board of a community association for a period of time.
FS 718.501 (5)
Division Power
Subpoena Requirement for Requested Records
Mandates that the director of the Division exercise the subpoena power granted to him after proof, by certified return-receipt mail, from a unit owner asking for a copy of official records. Upon receipt of such proof the director shall issue a subpoena requiring the production of the requested documents.
FS 718.501 (5)(j)
Education
Requires the Division to provide training and educational programs for condominium association board members and unit owners. The training may include web-based electronic media, and live training and seminars in various locations throughout the state.
FS 718.501 (5)(n)
Obligation to Cooperate with Investigation
Directors, officers, and employees; condominium developers; community association managers; and community association management firms are required to reasonably cooperate with the Division in any investigation. The Division shall refer to local law enforcement authorities any person whom the Division believes has altered, destroyed, concealed, or removed any record, document, or thing required to be kept or maintained by this chapter with the purpose to impair its verity or availability in the department's investigation.
FS 718.5012 (9)
Ombudsman's Office: Resolution of Disputes
Adds requirement to ombudsman's office to assist with the resolution of disputes between unit owners and the association or between unit owners when the dispute is not within the jurisdiction of the Division to resolve.
FS 718.50151
Community Association Living Study Council
Establishes a 7-member Council that shall exist for a 6-month term commencing October 1, 2008. Council shall make recommendations for changes in the law related to condominiums, cooperatives, and homeowners' associations. Council shall review, evaluate, and advise the Legislature concerning revisions and improvements to the laws.
FS 718.503 (2)
Non-Developer Disclosure
Entitles prospective purchaser to receive from the seller a copy of a governance form. Division shall provide a form summarizing governance of condominium associations. Form should help prospective purchaser in understanding association governance. Clarifies intention of governance form.
EFFECTIVE DATE
October 1, 2008
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Was it really needed to call the cops on a handicapped man? Was it really needed to have him tased? by the cops while in a swimsuit? Was it really needed to have one of the stupid BOD members yell and scream in front of a family because someone like to watch birds with binoculars? Or was it due to the fact that there was an African -American at the pool side? Or are you just picking on someone because you could? Your job TP as a county inspector is about to end as we document your weekly meetings at each meeting on every Wednesday and turn over the video and still of you wasting time. By the way, as our gift to you, we are sending you a pair of binocs so that you too can look a that birds who nest on top on the building. Don't like it, FUCK YOU!! We have the pictures of the puncture marks of the tasing, the police report the fact that the cop told Gilda told the ambulance attendees to shut up and that you are about to pay over 1 million bucks to this poor invalid; and of course the the scratches inflicted from being tased in a wet bathing suit and falling on hard concrete. You must be very proud of your action Mr. v.p. of the BOD of Utter Hell, for another lawsuit is about to be filed against the place and you are the cause. And just to let you know, The pictures have gone to the press and to the lawyers as well. They love this stuff. I think that the whole place should toss your ass in the pool and just watch you drown in your own stupidity. What a fucking moron. Trying to get out of this one will cost you big time. And it won't be pretty. better hope that you settle soon. Of course since the BOD president would not tell the fact of who it was and Anita was MOST concened about the whole incident, it just makes it so much more fun. It only show that Otter Key is no place except for rich white people who or too snooty tooo allow African-American nursing assistant to also enjoy the facilities. Nothing more than a bunch of white racist pigs like the BOD it seems to be the norm. And to TP, VP, a set of Binocs is on its way to you as a gift, so you too can watch the birds too you fuck. I after your job asshole! Wait until you see the gay pride parade and African-American pride parade I am getting ready to get for the place you fucks! Penturich, your ass is mine!
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