Five Questions You Need to Ask Yourself Before Serving on Your Association’s Board

Posted on January 3, 2016 by Cecilio Augusto Berndsen

LOGO LADYFive Questions You Need to Ask Yourself Before Serving on Your Association’s Board

 

By Donna DiMaggio Berger

2015   Posted in Board Eligibility,     Elections     Florida Condo & HOA Law Blog

Before agreeing to serve on your community association’s Board of Directors, please do yourself and everyone else a favor and run through these five questions first.

1. Do I have time to serve on the Board?

Running and being elected to your community’s board of directors can be an exciting experience as it is an affirmation of sorts. However, once the election is over there is that little matter of actually attending meetings and handling the work that may be delegated to directors. In self-managed communities, your successful service on the Board is likely to be even more dependent upon your ability to carry your share of the workload. If you have certain circumstances in your life which would prevent you from being an active and responsible director, you should reconsider your decision to serve.


vote counts2. Can I make unpopular decisions?

Being a community association director should not be a popularity contest. As a director, you will be asked to make decisions which can upset your neighbors. These decisions can range from having to lien and foreclose on the nicest guy in the community as well as passing a costly special assessment to make necessary roof repairs. You cannot play favorites and you should not abstain from casting your vote because you want to be liked. Also, trying to “fly under the radar” by allowing a dominant director or directors to make all the decisions or abdicating control entirely to a manager is a choice that will likely come back to haunt you.

If you cannot bear the thought of making someone unhappy (including yourself), then serving on the Board might not be for you.

 

3. Do I have an ax to grind with anyone?

Do you see serving on the Board as an opportunity to help your community or is it a chance to use the position with a less than noble goal in mind?  While there is nothing wrong with new Board members joining with a goal towards correcting a former board’s mistakes, there should be concern if the battle is a more personal one with a neighbor or vendor. Board service requires a neutral stance where you are making decisions based on the overall good of the membership and not for personal gain.

Be honest with yourself about your intentions for serving on the board because if they aren’t good, you won’t fool anyone for long.

 

4. Am I willing to read and comply with the governing documents?

I have been reading governing documents for two decades and I have yet to come across a set which would qualify as a thriller. When you include amendments passed over many years, some governing documents can be comprised of hundreds of pages of legalese so reading them is not on most people’s “Wish List”. Still, if you agree to serve on your community’s Board, you have an obligation to read those documents. No, you do not have to perfectly understand them-that is what your association attorney is there to explain. You do, however, have to be prepared to comply with them along with everyone else. Also, attending a class each year will not only make you a better director, it might make you happier serving on the board.

5. Do I have skills that would assist the community?

Despite what some owners might think, association directors are not tied to a standard of perfection. These volunteers are human and they will make mistakes. Community association directors are tied to a reasonableness standard so one of the greatest skills you can bring to your Board of Directors is that of being a reasonable person willing to listen with an open mind, eager to seek assistance from experts when an issue is beyond your skill set and mindful of the tone and content you use when communicating with members, fellow directors and vendors.

I served on my HOA Board for a two-year term and during that time we undertook some major community projects, we made a few mistakes and I found myself on the losing end of more than one vote. I applaud everyone who volunteers and serves on a community association board with the right intentions. It is not an easy job but it does give you a different perspective from that point forward!

This material was suggested by Eugenia Volchek. Additional articles on Condominium Association legal aspects may be found by clicking HERE where this paper was originally posted

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Posted in Board of Directors, Legal Issues | Tagged , , , , , , | 1 Comment

Aquarius Lobby was going to be ready by Christmas – it is NOT

Posted on January 1, 2016 by Cecilio Augusto Berndsen

LOGO LOVE

Aquarius Lobby was going to be ready by Christmas – it is NOT

 

Since the BOD of Ilya G., Sofia F., Boris E. and Eugenia V. replaced John Y. and Joel C. in late July 2015, a curtain of secrecy has been drawn across our beloved Aquarius.

We were promised that our Lobby would be completed by Christmas which with the on time completion of the valet deck and stunning water feature would make our dream of a partially restored Aquarius a reality.

But Ilya, Sofia and Boris have repeated the project mismanagement of earlier boards. The trio has made the cardinal error in running a construction project themselves:  they failed to have a general contractor in charge of the entire project, but rather have subjected us to a profusion of conflicting contractors without coordination and without a competent project supervisor, especially since the trio removed Andy Surdovel as manager – the only really good manager we have had in so many years – before the ongoing construction was completed.  Remember the old adage:  never change horses in midstream.

A relatively simple project to restore the lobby (some drywall, a ceiling, ductwork etc.) is stalled by problems with the City of Hollywood, contractors evading responsibility and invoice payments delayed. Contractors do not work if their progress payments are withheld repeatedly.

What have we profited from illusory savings of dividing up tasks among a number of contractors just to have the frustration and increased expense of project mismanagement and repeated delays that very often result in poorer quality.

Now the opening of the Lobby has no date of completion in sight.

Just compare what has happened with the Valet Deck PROJECT that had one contractor CSI and has been completed on time and under budget.

All we are left with is an illusion promulgated by the trio of saving money while our beloved Aquarius further falls into disrepair.

Talking about results: has any one seen the contract for the Central Air Conditioning of the South and North towers?  The plans, RFP with the bids and firm proposals from reputable firms were ready by July 2015. Andy Surdovel and the previous Board worked hard for it.

Where is the contract for Air Conditioning? Where is the time line? What is the price we are going to pay? Are the funds ($375.000) provisioned by the Special Assessment enough? The last known estimate was of about $420.000. This new Board refused to work going after imaginary alternatives to save money.

Money was not saved. Time wasted and the building under the threat of mold and mildew and legionnaire’s disease caused by poor ventilation and insufficient climate control.

Why this “savings” behavior imagines that procrastination results are real saving?

Does anyone value the time we waste in a building with growing problems? Secrecy, hesitation is what we have. It is time to change.

No end on sight!

Bellow a fraction of the dismal PERMIT REPORTS prepared by the City of Hollywood Department of Development Services.  This will result in additional delays. The department includes Building, Community Development, Engineering & Architectural Services, Parking and Planning. Complete details and Building Permits history can be found in the City site at this URL: http://apps.hollywoodfl.org/building/PermitStatus.aspx   or directly Aquarius Condo. Ass. related: http://apps.hollywoodfl.org/building/psInspectionResults.aspx?PermNum=M15-101262

You may register to receive automatic notices of updates from the City of Hollywood, Dept. of Development Services. The updates service is free of charge.

2015 12 29 Hollywood Permit Rep B15-102332

2015 12 29 Hollywood Permit Rep B15-102332A

 

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Posted in Construction & 50 & 40 Year Recertifications, Contracts | Tagged , , , , , | 2 Comments

Why was a CSI proposal removed from the Aquarius site?

Posted on December 29, 2015 by Cecilio Augusto Berndsen

LOGO LOVEWhy was a CSI proposal removed from the Aquarius site?

Are we victims of a scary a conspiracy?

A proposal from CSI was removed hours after posted in the Aquarius.net. A number of owners wonder why. Also the explanation of the President of Board left many people scratching their heads.  Here some written reactions:

___________________________________________

From Cecilio-Augusto Berndsen, 1005 N       ceciliob@gmail.com

CSI proposal was removed from the Aquariuscondo.net a few hours after posted. BOD President Ilya Gonorovsky ordered the removal. Then he took the opportunity to campaign for re-election to the Board of Directors with a couple of supposedly official communiqués that are clearly political self promotional contraptions. The use of community resources such as bulletin boards, paper, website is not right if used to foster individual candidates political standing. A few questions without good answers:

  • Are the owners of Aquarius immature  that need protection from Mr. Gonorovsky from a commercial proposal? Can the owners judge a proposal by themselves?
  • Where the removal of documents fits in the pledge of transparency?
  • What does this proposal has to do with former BOD members Cohen and Yousef?
  • Why a proposal would bring  “a lot of unnecessary rumors, doubts, and accusations”?

_______________________________________

From: Victor Ort <justicevic@aol.com>     1605N

Two of your duly elected Board members President John Yousef and Vice President Joel Cohen were removed because the Board was one day late in rendering its decision rejecting the recall petition. Foremost among a number of reasons for the proposed rejection was that the number of signatures preferred was below the minimum number required-even assuming the remaining signatures all were valid   (which they were not). Not less than 44 original signers validly and timely revoked their support of the recall before it was submitted to the elected Board.

Why did so many of your fellow unit owners make the effort to rescind their signatures?

Because they were threatened, coerced and even lied to in order to get them to put their names on the recall petition to begin with.

  • Were you told that by anyone that John and Joel were stealing Aquarius monies?
  • Were you told by anyone that the Board was getting kickbacks from any of the condo’s contractors?
  • Were you told that you did not have to pay the enacted assessment and/or your maintenance?
  • Were you told that the elected Board was looking to spend as much money as they could on unneeded projects?
  • Were you told that there was no need to pay because homestead residence owner could not be evicted?

These and many other misrepresentations were made to many unit owners by many of the individuals who are now seeking to be elected to our Board of Directors. You know who made those misrepresentations to you. Make them answer for that dishonesty now.
______________________________________________________________

From Joel Cohen           1401 S        joelcohenlaw@gmail.com

A few weeks ago the President of CSI distributed a  proposal to do the east pool deck and the balconies with picket fences on both buildings at a cost of $15.5M payable over a period of 11 years at approx. $436.00 per unit per month .

It was just a proposal, nothing more. Our manager Mr. Slavin posted it on the website.

Ilya G., our President, ordered it removed from the website an hour later for reasons that are unclear.

All CSI was doing was telling us that, if we wanted CSI to do the work, that was the cost.  Ilya G. chose to interject intrigue into a simple, non-binding proposal.

CSI was trying to give us an idea of the costs of fixing the problem and Ilya G., who  professes to want transparency, pulled the proposal to hide the truth.

Then, Ilya G. said that the acceptance of four million dollar assessment in five payments without scope of work justification and proper bids, caused the recall of John Yousef and Joel Cohen.  Let’s see if Ilya’s statement is true.

Ilya G. was Secretary of the Board previous to the recall.  As Secretary, he was responsible  for the records of the Condo.   He was personally familiar with every item in the  Assessment.  He has just suffered a memory loss.  He owes John and Joel a personal apology that he should immediately disseminate to every unit owner.
_______________________________________________________

From: Victor Ort         1605N

RIDICULOUS! There are serious CREDIBILITY issues here. CSI was retained by the Aquarius Board of Directors by contract dated November 2014  and signed by then BOD members Roman  Kisler and  Arkady Chase. Neither John Yousef nor Joel  Cohen had anything whatsoever to do with bringing CSI in on the West pool deck job. True, they happened to still be on the Board in July, 2015 but Ilya became a Board member in January, 2015. In spite of that he claims he first became aware of the balcony/window proposal in December. How can an elected individual have so little respect or regard for the unit owners that he would make such a false statement. What was he doing sitting on the Board if he wasn’t aware of what was going on? How could he possibly of been so out of touch? There are only five (5) Directors. They all knew what was going on at all times.
___________________________________________________________

From: Vic Rocha <vicrocha@comcast.net>     502 S
To: Aquarius Website Administrator <administrator@aquariuscondo.net>
Subject: Re: President about the withdrawn CSI proposal – Aquarius Condominium eMail Bulletin

Dear Mr Ilya. You just cannot make hollow, empty accusations as to Monsieurs Cohen and Yousseff without having or producing any proof as to what you are saying. This is pure “propaganda” that you are uttering. If you have proof of what you are saying please produce it now. It is very unbecoming for a President of the Board of Directors to circulate such unsubstantiated venom. You should withdraw your comments as a gentleman and apologize to the gentlemen you falsely accused.

Sent from my iPhone, Victor E. Rocha, Victor E Rocha PA, 990 Biscayne Blvd., Suite O-903, Miami, Florida, 33132  Telephone (305) 774-9111,  Cell (305) 479-7770Admitted to Practice Law in Florida, New York and the District of Columbia.

__________________________________________

You can read the letters from Mr. Gonorovsky in the official Aquarius Condo. Ass. site aquariuscondo.net

.o0o.

 

Posted in Uncategorized | 1 Comment

Board of Directors Meeting – 2016 Budget and Reserves proposal January 5, 2016

Posted on December 28, 2015 by Cecilio Augusto Berndsen

LOGO WATERBoard of Directors Meeting  – 2016 Budget and Reserves proposal  January 5, 2016

 

1.    Membership Meeting to consider Reserves followed by

2.    Membership Meeting to consider the Proposed 2016 Operational Budget with or without Reserves

Full documentation for proposed Reserves and 2016 Operational Budget:

click here→         2016 BUDGET AND RESERVES       pdf format file will open in a new tab

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Posted in Board of Directors | Tagged , , , , , , , | 1 Comment

Aquarius Valet Deck Fountain: Test OK! December 2015

Posted on December 16, 2015 by Cecilio Augusto Berndsen

The-letter-AAquarius Valet Deck Fountain: preliminary water test OK!

December 16, 2015

John Brown, from CSI, shared the video clip he shot while water testing the Aquarius Valet Deck Water Fountain.

Apparently everything went as planed.

Posted in Amenities, Construction & 50 & 40 Year Recertifications, Pictures | Tagged , , , , , , , | 2 Comments

It is time to come home! Merry Christmas!

Posted on December 13, 2015 by Cecilio Augusto Berndsen

aquarius51It’s time to come home.   Merry Christmas Everyone!

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Posted in News from Around and Beyond, Pictures | 1 Comment

Cecilio-Augusto Berndsen – Candidate for the Board of Directors of Aquarius

Posted on December 10, 2015 by Cecilio Augusto Berndsen

2015 Cecilio Berndsen

Cecilio-Augusto Berndsen

Candidate for the Board of Directors of Aquarius

 

I believe that a lot can be done to bring the building to its original splendor and heal the community to a harmonious, cooperative and collaborative climate.

My wife Yvana and I purchased our unit # 1005N in 2013. Since them we have hoped for a building well maintained and a congenial community. We live here full time

I am the owner of Condominium Units in Alexandria, VA and Rio de Janeiro, Brasil. Previously I had Condominium property in Southern California and Brasília. In all these properties I had the opportunity to serve in a variety of positions. I have left many friends and accomplishments in all these places

To contribute to Aquarius I am ready, and I am sure many of our current problems can be solved.

If elected I promise to engage the BOD Advisory Committees and help them to reach their full potential, working closely with them and profiting from the experience and knowledge that seems abundant among Aquarius owners. This expertise has not been well appreciated before. I will work hard to increase participation and transparency.

In Brasil I earned a Law Degree. At the School of Public Administration and Public Policy and the University of Southern California, Los Angeles I received Doctoral and postdoctoral degrees.

My recent work was at the Inter-American Development Bank in Washington DC. At this multilateral agency I had the opportunity to manage several multimillion dollars projects in the areas of Web Development, Disaster Preparedness, Business Continuity, Limitless email Arquiving, International Messaging among other. All this projects required complex multivendor procurement processes. This experience helped to get the best service and products providers at the best price. With full compliance to the Florida law and absolute transparency this will be useful at the Aquarius Condominium.

Let’s work together for an Aquarius all of us are proud of and live in peace and harmony enjoying our great surroundings.

 

.o0o.

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Joel Cohen – Candidate for the Board of Directors of Aquarius

Posted on December 10, 2015 by Cecilio Augusto Berndsen

2015 12 10 Joel C MEDIUM COLORJoel Cohen  

Candidate for the Board of Directors of Aquarius

 

My Wife, Gloria, and I have been unit owners at Aquarius South since 1989.

I am a practicing New York attorney since my admission to the Bar in 1963. My history can be found at http://www.joelcohenlaw.com.

My parents, Esther and Rubin Cohen, purchased unit 906N at Aquarius about 1985 and my mother resided there until her passing in 2005.

My goal is to work with the elected directors to complete the restoration of Aquarius expeditiously and to return Aquarius to a first class residence with full services that is properly maintained for the benefit and enjoyment of its owners.

.o0o.o0o.

Posted in Board of Directors | Tagged , , , , | 1 Comment

Judity (Judy) Ort – Candidate for the Board of Directors of Aquarius

Posted on December 10, 2015 by Cecilio Augusto Berndsen

aquarius51JUDITH ORT    

Candidate for the Board of Directors of Aquarius

 

2751 SOUTH OCEAN DRIVE,   APT 1605N

HOLLYWOOD BEACH, FL. 33019

PERSONAL 

U.S. Citizen emigrated from Budapest, Hungary in 1956.  Went to American University in Washington, D.C., where I met my husband of 47 years, Victor M. Ort.  I have two children and five grandchildren.  We have owned our home and resided on Centre Island, Oyster Bay, New York since 1970.  In addition, we have owned a home on Prince Edward Island, Canada for the past 34 years.  We have owned in the Hallandale Beach/Hollywood area since 1972.

 COMMUNITY AND CIVIC SERVICE

 I have been active in the Centre Island Association for many years and currently serve and have been a member of the Architectural Review Board of the Village of Centre Island for the past 6 years.  As a Board member I am charged with reading blue prints, site plans and approving and improving upon plans for additions and new construction in the Village, and working with the Town of Oyster Bay, County of Nassau, the Department of Environmental Control, Army Corps of Engineers and the State of New York.

I have been actively involved with the Boys and Girls Club of America for over fifteen years including serving as a director and secretary of the Board of Directors for the Oyster Bay/East Norwich Chapter.

 PROFESSIONAL

 Upon graduation I became pamphlet editor for the Anti-Defamation League of the B’nai B’rith both in New York City and in Boston, Mass.

 In 1972 I began Stoneimpex, Inc. a construction and import exporter of stone, marble and tile.  It became one of the first women owned business enterprises in the State of New York (MWBE).  In 1984 I began Stoneimpex Gallery as a wholly owned subsidiary.  I closed both businesses in 2003 when I retired.

 From 1981 to 1995 I worked in the United States Bankruptcy Court for the Eastern District of New York in Westbury, Long Island.

GOALS

To make and keep our Aquarius Condominium the absolute best it can possibly be.  I want to augment the value of each and every Aquarius unit in the most economically viable way.  I will utilize my many years of experience in negotiating contracts and in running a successful business to promptly accomplish my goals. 

I would like to state for the record that I am unconditionally, unalterably, and unequivocally opposed to any new or additional assessments. If anyone has told you differently they are, at best, being less than honest with you.

.o0o.

 

 

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BHAGWAN (BUCK) GUPTA – Candidate for the Board of Directors

Posted on December 10, 2015 by Cecilio Augusto Berndsen

aquarius_silhouetteBHAGWAN (BUCK) GUPTA

 

Candidate for the Board of Directors

Apt. S 804 Cell: 786-402-4269

 

Born in India, I came to the United States in 1961 to pursue advanced study by attaining M.B.A.

Taught Business courses at college level. Served as Executive Vice President of a private college in Marshall, Texas, where I was responsible for all day-to-day operations including personnel, facilities, & financial services.

Having served as Chief Facilities Officer, and having the responsibility for financial management for over 35 years, I also oversaw projects at Miami-Dade County Public Schools, ranging from $200,000 for renovations, to building brand new High Schools, Middle Schools, & Elementary Schools, under a Bond Issue passed by voters for 1.3 Billion dollars. With Annual external Audits completed each year, there was not a single incident where any question was raised relative to misappropriation and/or mismanagement under my jurisdiction.

Since retiring in 2007, I have been active in community by serving on the Board as a Director at Kendall Gate Condo Association. This is a community with 214 units with three distinct buildings with a gated community. Since that time, we managed to have a balanced Operating Budget, and levying two special assessments for capital projects. We just completed 40 years certification, major A/C replacement, upgraded lighting project to meet Code requirements, completed exterior painting, and major structural balcony repairs.

At the last Board meeting in November 2015, the Kendall Gate Board adopted 2016 Operating budget with increases in maintenance personnel and operating costs to keep up with the level of services expected by unit owners. The community approved an increase in monthly maintenance charges to have a balanced operating budget and provide additional funding to improve reserves for roof replacement.

My wife and I decided to downsize our home in Coral Gables, and elected to purchase a unit at Aquarius with the belief that this property has a lot of potential based on its location. However, we must pull it together to achieve common goal. If elected, I will take my role at the Board seriously to represent all unit owners and not be concerned with trying to please everyone.

If you have any questions or concerns, please feel free to contact me at bgupta1@yahoo.com.

.o0o.o0o.

 

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