Proposed Aquarius Board Records Policy Conflicts with Florida Legal Requirements

Proposed Aquarius Board Records Policy Conflicts with Florida Legal Requirements

 

Summary of Key Issues Identified

Arkady Chase, Ph5N, reviewed the draft policy proposed by the Aquarius Board and concluded that several provisions conflict with Florida Statute §718.111(12) and DBPR enforcement practices, creating potential legal and regulatory exposure for the Association.

Major Concerns

  • Statutory deadlines cannot be delayed. The 10‑business‑day clock starts upon any written request, regardless of format or completeness. The draft incorrectly attempts to postpone this.
  • Restrictions on delivery methods are unlawful. Email or any written communication triggers statutory obligations; certified mail cannot be required.
  • Overly narrow request requirements. Owners may request broad categories of records; the Association cannot demand narrowly tailored descriptions.
  • Limits on inspection frequency are not allowed. Restricting owners to one inspection every ten business days violates the statute and is considered an unreasonable restriction.
  • Deposits or certifications before scheduling are improper. These conditions are not supported by law and would likely be viewed as barriers to access.
  • Definitions of repetitive requests are too broad. Owners may re‑inspect records without justification; consolidation cannot delay access.
  • In‑person‑only inspection rules are too restrictive. DBPR encourages electronic copies when records are digital; the Association cannot refuse to email electronic documents.
  • Appointment scheduling cannot cause delay. “Mutually agreeable” scheduling cannot extend access beyond the statutory 10‑day deadline.
  • Conduct rules must be narrowly applied. Disruptive behavior can be prohibited, but photographing or scanning records cannot be banned.
  • Legal counsel involvement cannot slow access. Counsel may coordinate but cannot impose extra requirements or cause delays.

Overall Assessment

The draft policy is detailed but exceeds the Association’s legal authority in several areas. The most significant risks involve:

  • delaying statutory deadlines,
  • imposing additional conditions on owners,
  • restricting inspection frequency.

Arkady Chase recommends revising the policy to ensure full compliance with §718.111(12) and DBPR interpretations to avoid complaints, fines, statutory damages, and attorney’s fees.

________________________________________

Here is the full, unabridged note from Arkady Chase (PH5N):

Please find my thoughts on the proposed “Official Records Request Protocol & Procedures.” These comments focus on statutory compliance, DBPR enforcement positions, and areas where the draft may unintentionally expose the Association to legal or regulatory risk.

1. Ten‑Day Statutory Deadline Cannot Be Delayed

The draft states that the ten‑business‑day period “shall not begin until all request requirements are satisfied.” This is inconsistent with Florida Statute §718.111(12). The statutory clock begins upon receipt of any written request, regardless of format or completeness. DBPR has repeatedly fined associations for attempting to delay the start of the deadline.

2. Delivery Method Restrictions Are Overly Limiting

While certified mail is the preferred method, the Association cannot condition statutory rights on its use. Any written request—including email—triggers the statutory deadline. The current language risks being interpreted as obstructive.

3. Overly Narrow Request Requirements

The policy requires a “specific and narrowly tailored description” of requested records. Owners are legally permitted to request broad categories (e.g., “all financial records for 2023”). DBPR has held that associations cannot reject or delay requests because they are not narrow enough.

4. Limiting Inspections to One Every Ten Business Days Is Not Permitted

The draft includes a guideline limiting owners to one inspection appointment per ten business days. Florida law does not authorize such a restriction. Any rule that “unreasonably restricts” access is void under §718.112(3).

5. Deposits and Certifications Before Scheduling Inspections Are Problematic

Requiring refundable deposits or written certifications that a request is not duplicative is not supported by statute. DBPR would likely view these provisions as unlawful barriers to access.

6. Serial or Repetitive Request Definitions Are Too Broad

The policy defines repetitive requests in a way that could capture legitimate follow‑up inspections. Owners are entitled to re‑inspect records, and the Association cannot require them to justify why. Consolidation of requests is permissible only if it does not delay access.

7. In‑Person Inspection Only May Be Too Restrictive

While the statute guarantees the right to inspect in person, DBPR encourages associations to provide electronic copies when records are already digital. The Association cannot refuse to email documents that exist in electronic form.

8. Appointment Scheduling Must Not Delay Access

The policy requires “mutually agreeable” appointment times. If this results in delay beyond ten business days, the Association would be in violation. The obligation to meet the statutory deadline is absolute.

9. Conduct Rules Are Generally Lawful but Must Be Narrowly Applied

Prohibiting disruptive behavior is appropriate. However, the Association cannot prohibit photographing or scanning the records themselves, only the recording of staff conversations.

10. Legal Counsel Involvement Cannot Delay Access

Routing requests through counsel is permissible, but counsel cannot impose additional requirements or cause delay beyond the statutory deadline.Overall Assessment

The policy is detailed and well‑intentioned, but several provisions exceed the Association’s statutory authority and could expose the Association to DBPR complaints, statutory damages, and attorney’s fees. The most significant risks involve delaying the statutory deadline, imposing additional conditions on owners, and restricting the frequency of inspections.

I recommend revising the policy to ensure full compliance with §718.111(12) and DBPR interpretations.

Arkady Chase, PH5N

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Correction of Misstatements Regarding Corridor Humidity and Required Board Action

 

Correction of Misstatements Regarding Corridor Humidity and Required Board Action

 

Dear Board Members and Fellow Owners, by Arkady Chase

I am writing to correct several significant inaccuracies contained in Mr. Weinstein’s recent public post regarding the North Tower corridor humidity problem. Because his comments were published on AquariusUno.com, it is necessary to provide owners with accurate information and to clearly outline the Association’s obligations.

Although Mr. Weinstein resides in the South Tower, he made assertions about conditions in the North Tower, where the humidity problem has been persistent, documented, and directly experienced by residents.

1. The North Tower did not have persistent humidity problems before the 2015 HVAC installation For more than forty years prior to the installation of the current rooftop HVAC system (installed around 2015), the North Tower corridors did not experience sustained humidity issues. The elevated humidity began only after the current system was installed. This is a matter of building history, not opinion.

2. The Association has a non‑discretionary legal duty to correct HVAC failures Under Florida Statute §718.113, the Association must maintain, repair, and replace common‑element HVAC systems. This duty is mandatory. It is not subject to owner votes, feasibility studies, or cost‑avoidance arguments. If the corridor HVAC system is failing, the Board is legally required to correct the failure.

3. Modern humidity standards apply to the 2015 system The suggestion that modern humidity‑control standards do not apply because the building is 53 years old is incorrect. When HVAC equipment is replaced—as it was in 2015—the replacement system must meet current operational performance standards. These are not “new‑construction standards”; they are basic requirements for any functioning mechanical system.

4. The issue is humidity, not temperature The corridor temperature being 75–80°F is irrelevant. Humidity and temperature are independent variables. Documented humidity levels in the North Tower corridors have been around 70%, exceeding ASHRAE 62.1 recommendations and building‑science thresholds for mold risk. The system is failing at dehumidification, not cooling.

5. The explanations offered in the blog post are technically incorrect Several claims made in the post do not withstand engineering scrutiny:

  • Stairwells have been unconditioned for 53 years and never caused humidity problems before 2015.
  • Ductwork has not changed since construction and did not cause humidity for four decades.
  • Unit thermostat settings do not increase corridor humidity.
  • Residents occasionally leaving doors open cannot explain humidity levels that persist 24 hours a day.
  • The real issue is the 2015 rooftop system, which was apparently not properly designed, selected or maintained for corridor humidity control.

6. The system was non‑functional for nearly 10 months Approximately two years ago, the corridor HVAC system was out of service for almost 10 months, with the Board and management repeatedly stating they apparently were “waiting for parts from Canada.” This prolonged outage significantly worsened humidity conditions and demonstrates a failure to maintain the system as required by law.

7. The $7 million cost narrative is misleading and unsupported The suggestion that humidity control requires a $7 million overhaul is not supported by any engineering report. Humidity control does not require new chillers, new ductwork, stairwell air‑conditioning, structural modifications, or multi‑million‑dollar redesigns. It requires the Association to repair or replace the failed rooftop HVAC equipment installed in 2015. Presenting extreme cost scenarios only serves to confuse owners and delay necessary action.

8. Government authorities investigate failures, not “complaints” If the City or DBPR becomes involved, it is because humidity exceeds safe limits and the corridor HVAC system is not functioning. Authorities investigate building conditions, not personalities. The implication that owners should avoid involving authorities is inappropriate and contrary to the purpose of regulatory oversight.

Required Board Action The steps the Board must take are straightforward and long overdue:

  1. Conduct a proper diagnosis of the failed rooftop HVAC system installed in 2015.
  2. Repair or replace the components responsible for inadequate dehumidification.
  3. Restore corridor humidity to safe levels (below 60%) as required by accepted standards.

These actions are not optional. They are statutory obligations.

Why This Matters to All Owners High humidity causes mold risk, corrosion, deterioration of finishes, increased electric bills, and shortened lifespan of in‑unit AC systems. This is a building‑health issue affecting every owner, not a matter of personal preference.

I welcome factual, engineering‑based discussion. However, the community must rely on accurate information. The North Tower humidity problem began only after the 2015 HVAC installation, persisted during a 10‑month system outage, and continues because the system is not performing its required dehumidification function. The Board must address this failure without further delay.

Respectfully,

Arkady Chase, PH5N

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Realities of Parenting:

by Edith Pritchett, Washington Post, July 2026

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Response to previous postings regarding elevated humidity level

Response to previous postings regarding elevated humidity level at Aquarius common areas

 

Nathan Weinstein has prepared a number of observations regarding recent requests to reduce the humidity and temperature levels in the air-conditioned hallways of the Aquarius buildings.

Below you will find:

  • Nathan’s email authorizing the distribution of his comments.
  • A summary of his observations.
  • The complete, unabridged document discussing the humidity and temperature levels in the air-conditioned common areas of Aquarius.

    __________________________________

Hello Cecilio,

 

Can you please post my opinion regarding recent postings about elevated humidity levels on your blog?  I think we need to discuss this in our community, not just making requests and demands.

 

Thank you,

Nathan Weinstein, Unit 807S

__________________________________________

Abstract

This document addresses resident concerns regarding elevated temperature and humidity levels in the North Tower corridors. It explains that the building’s five-decade-old mechanical design, ongoing operational challenges with current equipment, and various building characteristics—such as unconditioned stairwells and vacant units—contribute to the cooling and dehumidification deficiencies. Instead of attempting immediate system adjustments, the author recommends conducting a comprehensive engineering feasibility study to identify the root causes and determine if modern environmental standards can realistically be achieved. Furthermore, the document cautions that implementing the necessary HVAC upgrades could result in a multi-million-dollar capital project requiring significant special assessments and owner approval. Ultimately, it urges the community to carefully evaluate the objective facts, professional engineering recommendations, and financial implications before committing to extensive renovations or inviting regulatory intervention.

 

_________________________________________

Response to previous postings regarding elevated humidity level

Nathan Weinstein, 807S

 

Response to previous postings regarding elevated humidity level

I would like to address the recent requests from Mr. Chase regarding the elevated humidity levels and temperatures in the North Tower corridors, as outlined in his letters to the Board and Property Manager.

The concern relates to corridor temperature and humidity conditions and the expectation that they meet certain recommended standards in Florida. In Florida condominium corridors, temperatures should ideally be maintained between 75°F and 80°F(we are currently in that range), and relative humidity should be held below 60%. While current elevated humidity levels are concerning it does not automatically trigger a requirement to replace the HVAC system with another meeting today’s new-construction standards since Aquarius buildings construction was conducted under different standards and requirements. Therefore any evaluation of corridor temperature and humidity should take into consideration the design limitations of the original building systems, as well as the performance and support issues associated with the currently installed HVAC equipment..

The following are some of several factors contributing to the current corridor HVAC system deficiencies from additional cooling loads on existing system:

  • The building stairwells that is not air-conditioned.
  • Existing ductwork is limited, and each corridor area is served by only two small air supply grilles at single location. 
  • Many apartments are occupied only part-time, with thermostats often set at 78°F or higher while owners are away taking some cooling loads from the corridors thus increasing the AC load for corridors.
  • Some residents occasionally leave their unit doors open, allowing conditioned air in corridors to escape and humid air to enter the corridors, placing additional load on the HVAC system.

In addition, the HVAC equipment installed on the roof approximately eight years ago appears to have been an unsuitable selection for the building’s needs. The equipment has presented ongoing maintenance challenges, and replacement parts are often difficult to obtain, with delivery times extending for weeks. The Board’s current objective is to mitigate the deficiencies of the existing HVAC system AHU’s in order to extend the useful life of the equipment. The existing AHUs are approaching the midpoint of their expected service life.

Before directing management and board to simply “make it happen and achieve better humidity levels” the community should first determine whether the desired humidity level can realistically be achieved within the constraints of the existing building design and what costs would be involved. Achieving corridor humidity levels near 60% may require extensive engineering evaluation and substantial upgrades.

A reasonable process would include the following steps:

  1. Comprehensive Engineering Feasibility Study (Estimated budget cost: in the range $30,000 to 45,000)  The Association would retain a qualified HVAC engineering firm to conduct a comprehensive evaluation of the building and determine what modifications would be necessary to improve humidity control and whether the desired performance levels are achievable. Potential recommendations could include:
    • Additional ductwork and air distribution improvements.
    • Replacement of existing AHU’s, chillers.
    • Installation of dedicated outdoor air systems (DOAS), energy recovery systems (ERS), or other dehumidification equipment.
    • Installation of AC systems in the stairwells. 
  2. Engineering Design and Construction Documents (Estimated budget cost could range $350,000 to $450,000. Typically 5 to 10% of the project cost)

If the study concludes that the desired performance levels are achievable and the community wishes to precede, detailed engineering plans, design and construction documents would be required. 

  1. Construction and System Upgrades (Estimated budget cost could range from $4.5 million to $5.5 million. Engineering committee two years back had obtained contractors quote to replace one unit on roof at $650,000 w/o required structural, roofing and electrical work. With current price increases installation of one unit would put us around $1.2million. If we install 2-AHU and 2-ERV’s the cost would be in noted range): Based on preliminary assumptions, the project scope may include:
    • Replacement of existing AHU’s and chillers.
    • Installation of additional ductwork in hallways.
    • Pipe work
    • Structural modifications.
    • Roofing work.
    • Electrical upgrades.
    • Installation of additional dehumidification systems such as DOAS or ERS.
  2. Air Conditioning of Stairwells (Estimated budget cost: approximately $1 million.): If required as part of the humidity-control strategy additional equipment and infrastructure would likely be required. 

In summary: improving humidity control throughout the buildings may be technically possible, but it would likely require a major capital project involving significant engineering, construction, and financial commitments. Before pursuing such a project, the community should fully understand the technical feasibility, expected benefits, and overall costs involved. If the community believes that the current corridor humidity levels present a significant problem, and if owners are prepared to support the engineering studies, capital expenditures, and ready for potential special assessments required to address it, then we should begin the process without delay. However, everyone should understand that achieving modern humidity-control standards in a 53-year-old building would require substantial modifications and millions of dollars in expenditures close possibly to $7 million or more.

At present, the Association continues to maintain corridor temperatures reasonably close to the original design intent. The existing humidity levels, while not ideal, have existed for many years without evidence that they have created a building-wide mold problems requiring major remediation. At the same time, concerns raised by owners should not be dismissed. These concerns and requests as I understand had been relayed as complaints to the city inspectors.  We need to understand that if governmental authorities were to determine that corridor conditions require investigating potential corrective action, the Association could face additional obligations, including environmental testing, remediation efforts, and replacement of finishes such as carpeting, engineering studies and other potentially costly measures. Such work could be disruptive to residents, lengthy in time and expensive for the community. Therefore community should have a discussion focusing on facts, engineering evaluations, and the financial impact on all owners. Before committing to a major HVAC overhaul, and inviting outside officials the community should determine whether the expected benefits justify the costs and whether the desired humidity levels can realistically be achieved within the constraints of the existing buildings.

I welcome comments, corrections, suggestions, and opinions from fellow owners. If the community believes that a comprehensive HVAC modernization project is necessary, mainly to improve corridor humidity control, then we should openly discuss the scope, cost, funding options, and timeline required to accomplish it. Such decision to overhaul existing HVAC system would require a majority of the owners vote to support it.

Nathan Weinstein 

Unit 807S

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Happy Fourth of July

Happy Fourth of July everyone!

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The Phantom Rules – Use of legal proceedings against Aquarius owner

The Phantom Rules – Use of legal proceedings against Aquarius owner

 

Abstract

This document analyzes a June 18, 2026 cease‑and‑desist letter issued by Aquarius Condominium Association’s outside counsel against a unit owner for an alleged “oversized pallet delivery.” The core finding is that the Association attempted to enforce delivery rules that did not exist in the governing 2020 House Manual—the only rules in effect at the time of the March 2026 delivery.

The letter claimed violations of unspecified “delivery procedures,” including elevator reservations, deposits, and prohibited staging areas. However, the 2020 Manual contains no delivery procedures, and its only relevant provision—§20’s reference to “bulky items”—is undefined and therefore unenforceable. As the document states: “The 2020 Manual uses the word ‘bulky’ once and defines it nowhere.”

Photographs and measurements of the delivered boxes show they were standard furniture cartons, hand‑carried, and not qualifying as “oversized” under any objective standard. The Association’s own proposed 2026 House Manual—circulated one week after the attorney’s letter—creates for the first time the very rules the Board claimed were already in effect, including definitions of oversized deliveries, equipment thresholds, and valet‑deck restrictions.

The document further notes that the Board president personally resolved the matter on March 7, 2026, attributing the issue to staff miscommunication: “Maybe a misunderstanding between ‘drop off’ and ‘delivery’… Regardless, calm discussion… is always better.”

The timing of the cease‑and‑desist letter—four months after the incident and shortly after the unit owner filed multiple protected complaints—raises concerns of retaliation under Florida Statute §718.1224.

Overall, the document concludes that the Association pursued enforcement without a legal basis, attempted retroactive rulemaking, and acted in a manner inconsistent with statutory requirements and its own president’s prior resolution.

This is the document prepared by Dr. Cooper, 1603N:


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Should we let Acqua Bistro at the Aquarius close?

Should we let Acqua Bistro at the Aquarius close?

Hi Cecilio


I don’t think many people are aware that Peter at the Acqua Bistro Restaurant will be leaving and closing the restaurant soon because the Board of Directors would not negotiate a fair agreement. Business has been exceptionally slow now since the entrance through the garage has been out of service for so long, people have to climb the ramp or steps and it is very difficult. Others call and think they are closed because they see the construction.


I myself have lived here for 25 years. The last nine years with his Restaurant here has been wonderful. All of the other restaurants failed. I had both my granddaughters’ bat mitzvahs, two birthday parties for my sister, a wedding engagement party for my granddaughter, a baby shower for my daughter in law, a surprise party for myself. My son got married here – all catered by Peter. He has always been so generous with his time and fair pricing, agreed with anything we asked him to do. It is heartbreaking that he will have to leave. Please can you get the word out to everyone through your newsletter or emails and let’s see what we can do to keep this from happening.

Thank you, Cecilio.

Sent from my iPhone
Roni Komie, LCSW, 1803S

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Does this lesson applies to our condominium?

How Decline Quietly Begins

Would this make sense to Aquarius?

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Happy Father’s Day

Happy Father’s Day


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Persistent Air Conditioning problems

Persistent Air Conditioning problems

 

On June 9, a concerned Aquarius unit owner submitted a letter to the Board of Directors and Management regarding persistently elevated humidity and temperature levels in the North Tower hallways. aquariusuno.com posted this letter from Mr. Chase. You can see it here.

On June 17, Aquarius Manager Maria Rentas responded, stating that an inspection of the air-conditioning system had been completed and that all equipment was operating properly.

However, current conditions suggest otherwise. Recent measurements continue to show elevated humidity levels comparable to those previously reported, directly contradicting the conclusion that the system is functioning as intended. Record of the humidity in the hallway is 71.4% on June 9 and 68.0% on June 19, 2026 well above to the maximum recommended.

June 9, 2026 Humidity 71.4% Temperature 76.6F Aquarius North Tower Hallway

Humidity levels exceeding 50% in enclosed common areas such as hallways are widely recognized as problematic. Excess moisture creates conditions conducive to mold and mildew growth, may negatively affect residents’ health and comfort, and can contribute to avoidable deterioration of building materials and infrastructure.

June 19, 2026 Humidity 68.0% Temperature 76.6F Aquarius North Tower Hallway

Given the continued presence of these conditions, it is concerning that no effective corrective action appears to have been taken to address the issue. The Board and Management should promptly investigate the cause of the excessive humidity and implement appropriate remedial measures to protect the health, safety, and property interests of all residents.

Here the communications from Arkady Chase, Ph5 and Maria Rentas, Aquarius Manager regarding the matter.

♦♦♦♦♦   From Arkady Chase in response to Maria Rentas  June 17, 2026, 8:47PM

Subject: Continued High Humidity in Hallways – Additional Corrective Action Required

Dear Ms. Rentas,

Thank you for your update regarding the recent review of the North and South Tower hallway HVAC systems.

However, despite the inspection and fuse replacement, the humidity levels in the hallways remain unacceptably high. Residents continue to experience warm, damp air in the common corridors, which indicates that the system is not maintaining proper dehumidification, even if the equipment is technically “operational.”

As you know, maintaining safe and comfortable common areas is a core obligation of the Association. Elevated humidity is not a weather‑related inconvenience—it is a building systems issue that can lead to:

  • Mold and mildew growth
  • Damage to walls, ceilings, and carpeting
  • Deterioration of fire‑rated doors
  • Health concerns for residents
  • Higher electricity bills
  • Excessive wear of individual AC units

In addition to the HVAC concerns, we must also note that the opening in the hallway ceiling near PH6N remains unsealed (see attached), exposing the corridor to outside air and moisture. This condition directly contributes to the high humidity levels and must be addressed immediately. Leaving the ceiling open to the elements undermines the operation of the hallway HVAC system and poses additional risks of water intrusion and structural deterioration.

Accordingly, we respectfully request:

  1. A licensed HVAC contractor’s written report confirming the system’s current performance metrics, including temperature and relative humidity readings in the hallways.
  2. A clear explanation of what corrective actions will be taken to bring hallway humidity into the normal range (typically 45–55%).
  3. Immediate closure and proper sealing of the ceiling opening near PH6N, as this condition is directly affecting hallway environmental control.
  4. A timeline for full resolution, as these issues have been ongoing and continue to affect residents daily.

We appreciate the Association’s attention to this matter and look forward to a concrete plan to restore proper environmental conditions in the common areas.

Sincerely,
Arkady Chase
PH5N

♦♦♦♦♦    From: FirstService Residential [mailto:Communications@mc.fsresidential.com]
Sent: Wednesday, June 17, 2026 5:26 PM
To: arkady.chase@gmail.com
Subject: North & South Tower Hallway HVAC Update

Dear Residents,

The North Tower hallway HVAC system recently underwent a comprehensive review. During the review, two fuses affected by recent power surges were identified and replaced. The HVAC equipment itself did not experience a mechanical failure and remains operational. The system is currently functioning as designed.

As part of this review, the South Tower hallway HVAC system was also inspected.

Please keep in mind that the recent increase in outdoor temperatures places additional demand on the building’s cooling systems. In response to current weather conditions, adjustments have been made to the system to help accommodate the increased cooling load.

Please keep unit windows, sliding glass doors, balcony doors, and entry doors closed during periods of elevated temperatures. This helps prevent warm air from entering the building and supports the HVAC system’s ability to maintain comfortable temperatures throughout the common areas.

Residents are also encouraged to operate and maintain their individual air-conditioning systems appropriately during periods of elevated temperatures, as conditions within individual units can affect overall building comfort. The North and South Tower hallways HVAC system continues to be monitored to ensure it is operating as intended.

My Regards,

Maria Rentas, Property Manager

Aquarius Condominium Association, Inc. 

2751 South Ocean Drive | Hollywood, FL 33019
Direct: 954.921.7924  Fax: 954.921.9768
Email: maria.rentas@fsresidential.com

Website | Facebook | LinkedIn | YouTube

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Aquarius celebrates 4th of July

Aquarius celebrates 4th of July

Gold 250 USA Coin Spinning Animation

The tickets are: $20 for adults and $10 for kids under 10 years.

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As the day of Saint Anthony dawns upon us…

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Hurricane Season Preparedness

Hurricane Season Preparedness

All residents are invited! The Hollywood Beach Civic Association is hosting an important community meeting. Light refreshments will be provided.

District 1 Commissioner Caryl Shuham, the Hollywood Beach Civic Assn, the Hollywood Lakes Civic Assn and the Hollywood North Beach Civic Assn will host a Hurricane Preparedness meeting on Thursday, June 11th at 7pm at the Hollywood Beach Community Center. 

Don’t miss this important meeting and please tell your neighbors.


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