2.8 Index 0 Contents 2 Background 2.8 Problems  Outlook 2.8.2

2.8.30 Condo 2011

Items
1 Secretary
2 Treasurer
3 Dick Hughes
4 A Person Bringing Complaints
5 No Pets Rule Violated
6 Private planting on Community Property
7 A tree that has outgrown proper use
8 I recommend  a rule to avoid conflict of interest
9 Private money and/or loans  not permitted
10  To communicate on issues

Images
1.3  Map of Owners Item 
2.2a,2.2b. email about rules 
2.3 Letter purporting to apologize 
9.1a, 9.1b Sharing information from 2007 on problems and solutions. 
9.2a, 9.2b, 9.2c, 9.2d Items from the annual meeting  
9.2e Sprinkler Line numbers for the layout
9.2f Sprinkler Layout 

To: The Del Prado Park Townhouses Condominium Association, Inc.

P.O. Box 100417
Cape Coral, Florida 33010-0417

cc To: Office of the Condominium Ombudsman
1400 W. Commercial Boulevard
Ft. Lauderdale, FL 33309

e-mailed to the Ombudsman at: ombudsman@dbpr.state.fl.us

From: Donald Johnson
1612A SE 28th Terrace #35
Cape Coral, Florida

email: donaldjjohnsonsr@gmail.com

Date: April 4, 2011

RE: Agenda Items For The April 6 Board Meeting.

1 Secretary Function and Cost.
Map of Owners Item 1.3 
2 Treasurer Function, Published Accounting with $200 limits on monthly miscellaneous expenses and Cost.
I recommend the Paul Lappins'  Offer to Volunteer as Treasurer for free be accepted and his offer to fill in as Secretary for free till a volunteer can be found be accepted
email about rules 2.2a,2.2b.
Letter purporting to apologize 2.3.
3 Dick Hughes - I recommend he resign as I find him biased and demeaning a complainant rather than addressing the complaints! We have other members that will respect the by-laws and the
4 A Person Bringing Complaints Before The Board Demeaned Rather Than The Articulated Violations Addressed.
5 No Pets Rule Violated
6 Private planting on Community Property
7 A tree that has outgrown proper use and is inappropriate for the space.
8 I recommend adopting a rule that to avoid conflict of interest and liability for hiring unlicensed and uninsured people that "No member shall receive pay for services rendered and all be encouraged to participate as volunteers. 
9 Private money and/or loans need to be not permitted as they appear to lead to special status and a basis to seek self interest over group interest. 
Sharing information from 2007 on problems and solutions. Items from the annual meeting 9.1a, 9.1b. Items to update the sprinkler system 9.2a, 9.2b, 9.2c, 9.2d, Sprinkler Layout 9.2e.
10
  To communicate on issues like installing car ports, to prepare for elections, to prepare for the annual by-laws enforcement or proposed by-laws change, we need the addresses, emails and phone numbers shared as many are absentee honors or the condo is a second home and they are away.  (I want to share a copy of this report with the membership in sharing concerns and preparing for the annual meeting - the highest authority in the association) - email addresses and phone numbers are important to me for  ease and cost as I am leaving this month and will be in Russia much of the year.

Background:

The Secretary and Treasurer functions were volunteer functions for years but lately they have been split and salaries have gone up to $250 a month each. Dues have gone from $100 a month to $250 a month each, lawn care only costs us each $21.50 a month and the value of the property is less that I paid for it in 1991.

1 Secretary Function

1.1 No help in checking if archives existed. 

We had a problem with a string of yard lights not working. Mr. Odel (Past President of the Association) said that if they existed that the Secretary or former Secretary's daughter would have them. I asked the Secretary to see if Electrical Diagrams for the court yard light existed. She said she did not know and that Phyllis's daughter, the current absentee owner  may know (Phyllis - is deceased). The Secretary made no effort to speak to the owners friend staying in the Condo and made no effort to contact Phyllis's daughter.

1.2  A hasty meeting called by the Secretary at a time against the wishes of the Chairperson and then the Secretary forgot about the meeting.

We had a meeting called for Saturday March 26 to review the contract with the lawn care provider. It seems Irene had wanted some dead wood cut out of the hedge and the lawn care company employee said he would have to ask the boss - this appeared to be the Secretaries motivation for calling the meeting.

1.2.1 The Chairperson had ask that there not be a meeting not be held that day as he had a previous engagement but the meeting for that time was posted anyway.

1.2.2 The Chairperson was able to attend anyway.

1.2.3 The lawn care person said he had no contract to review that the payment agreed for lawn care and hedge trimming was only $21.50 a month per condominium and that special requests like cutting old pieces out of the hedge would be an extra charge. That was what was behind posting the meeting.

1.2.4 Many attended but the Secretary had forgot about the meeting and came after the meeting was over. 

1.2.5 Other items were discussed and many people were present but there were no minutes of the meeting.

1.3 When The Secretary/Treasurer was unpaid he kept and updated map of owners. I updated it for free in 2007 and gave a copy (at my expense) to all members (copy below Item 1.3). Since I made this map for free we have paid $24,000 for the Secretary/Treasurer function where is an updated map of owners? I would do it for free but it has never been a part of any public discussion. With the internet I would be glad to maintain and share an annual map of owners and communication information that we can maintain contact. I would also be willing to set up a Face Book 

2 Treasurer Function:

Appearance of Conflict of interest

2.1 Thousands of dollars in miscellaneous monthly expenses while one member said he was getting paid $10 and hour for his volunteer work.

Proposal (withdrawn after objection) that $2400 be set aside to pay the Secretary, Richard and Anonymous (Secretary's brother had been told to me).

2.2 When violations of the by-laws and propriety were raised to the Secretary she not respect the complaints or complainant.

In an email the Secretary made it clear that she saw rules made to be broken!

2.2 emailed Item 2.2a, 2.2b

From:
To: paullippens@`yahoo.com;Bate: 
Wed, March 23, 2011 

Forwarded conversation 
Subject:---

From: <Joan2468l0@aol.com>Date: Tue, Mar 15, 2011 

To

I just wanted to clear something up with you. I, in no way, called Paul a Nazi or anything even close. He came to my house, ranting and raving about the bi-laws and came back 2 ar 3 different times repeating the same stuff over and over and over again. Anything I said, he would change around and of course, not listen. It's his way or no way!! I did agree that he had been discriminated against a few times by same others. But he's a "big boy". . , move on now that it's been taken care of.

I simply stated that rules and laws are made for the exception. Even the police let people go without a ticket sometimes. He called the situation with Irene ---the "Irene is old syndrome". . . . and I thought that was a bit strong. He said he hates George. And he didn't like Jane. And he hates Irene. These are his words, not mine. He also told me in my living room that he had the tools to do the gates and painting and he was going to join Richard and me and get paid. He was upset that Bishop gets $25 per hour, instead of the $10 per hour that we were to get. I don't care if I don't get paid to paint the buildings. . . if he can do it for free, let him knock himself out, As long as it gets done, who cares???

I said to him that we can't run this place like a German camp. That's all I said. And he went out and said that I called him a Nazi. That's not true!!!!

My point was this. . . . where was he when all the "volunteering" was going on??? He wanted a special invitation. He called me out at the meeting right off the bat by pointing to me about calling him a Nazi. That was uncalled for. And he stood up about 10 times when he didn't have the center of attention. He called aut Irene. And he called aut Richard. But when he was called out, he had an argument and would roll his eyes and want to move an to the next item on his 7page letter.

I don't care what he or anyone else does from now on. I, in no way, was using other's money to do anything illegal. I did NOT charge far painting my fence, or Charlie's fence, or the fence that belonged to anyone who is disabled or couldn't do their own fences. I was simply getting paid ta paint the fences af those people who could afford to pay, didn't, and they needed doing ta improve the looks of the condos.

And where was Paul when we had the meetings about painting the fences and buildings? He hasn't came ta EVEN ONE meeting, except the one he was "in charge of". At the big January meeting, he left when the budget was approved far Jane and me to be paid salaries. I know, because I watched him walk away and that was early in the meeting.

If he doesn't run for the board next January. . . . he loses all credibility with me.


2.3 In my conversations with Paul he said that when he spoke to her about the by-laws being violated that Joan told him, "This is not Germany!" When asked by the Chairperson to apologize to Paul, for her disrespectful treatment, the attached item 2.2 was handed by the Secretary to the complainant's wife saying, "Here! Give this to your husband!"

Item 2.3 A letter proportion to apologize.

March 26, 2011

Dear Paul

It was brought to my attention that an email that I sent as a personal email to someone I trusted, was apparently made public. I take full blame for that since I should know that you never really know who your friends are.

The material in the email was a reflection of my feelings, but more importantly was me defending myself against lies that were being told, and explaining some of my actions as an owner, i.e. getting paid to paint fences and buildings. My personal thoughts in no way affect my responsibility in the position as Treasurer.

Although I never did call you or anyone else a Nazi, I have agreed to apologize to you for any misunderstanding and upset that it may have caused you and your wife.

Please accept my apology. I hope we can move on and be friendly in the future.

Sincerely,

Joan Nagel


3 Dick Hughes Pressured 

Dick Hughes Pressured to join the board when he had objected that he could not tolerate people like the member that had just articulated the by-laws and violations like the No Pet Rule and the violations of common property for personal use. 

I recognized his degradation of that member and said "Good! Let someone else stand." The the treasurer pressured him to accept the position.

The next day when I heard some members and board members demeaning the member that had complained about violations of the by-laws.

Then when I heard that Dick Hughes' friend had told the complaining members wife that she had courses in psychology and that when he was reading the violated by-laws she could see signs of mental illness in his face.

I went to the Chairperson's condo and was invited in. There were 4 people there. The Chairperson, the member that had told me he was getting paid $10 an hour for his volunteer work, Dick Hughes and a previous owner.

I sat down and said, "I had heard that the member complaining about by-law violations was being ridiculed as a nut case." I said, "If that does not stop I will join him in filing a complaint with the state authorities." 

Then Dick said a few things and when I complained about his female friend telling the retired military officer complainant's wife that he had psychiatric problems and that it was wrong for him to degrade the complainant, Dick asked, "Do you want me to resign the board?" I said, "Yes!". After a couple more words Dick said he was not going to waste his time like that and left.

Then I was verbally attacked and ridiculed as disturbing what should be "like a church".

Then I was verbally attacked but remained calm and stated if the degradation people wanting the by-laws fallowed did not  stop I would file a complaint with the Florida authorities.

4 A Person Bringing Complaints Before The Board Demeaned Rather Than The Articulated Violations Addressed.

One of the problems sited (for which Paul has been verbally attacked) was personal pots and plants on common property. I left the meeting as it was near. It was true and the rational was to cover roots growing out of the ground. The tree has out grown its space and needs replaced with a more appropriate tree. 

A day later a member told me that the tree was already heaving and cracking the parking pavement. I went to see and while on the public side walk was verbally attacked and the brunt of vulgar cursing. I was shocked! Later the person came to my condo and humbly apologized and his apology was sincerely accepted and he was invited for a cup of coffee. He is a guest of the board member that is putting out her private pots and plants where ever she wishes on common property.

The problem remains that a member of the board seems to feel privileged to treat common property as her personal domain.

5. No Pets Rule Violated

In the past I have brought violations of the no-pet rule to the attention of an annual meeting and the rule was tested by vote and up held.

One member who bought his condo because of the no pet rule and now he has to listen to the annoyance of a parrot squawking. 

Another member expressed the lack of equity because they gave up a little house dog that even slept with them to move into the condo and here is someone with an annoying pet!

I was told today that the former gave a waiver of the no-pet rule for Richard. Personally I believe that is not legal and if the by-laws are not respect the Association could be sued for damages. No officer has the legel power to invalidate a by-law.

6. Private planting on Community Property:

In the past I was asked by a board member to take plants off the top of my fence as they violated the common property by-laws. I respected that and also stopped the planed planting of a fruit bearing tree as it violated the by-laws.

Picture 6.1 Shows respected common property.
Picture 6.2 Shows one of the Common Spaces that was ugly unmowable, rough and no grass would grow. We beautified by making a water drain to prevent walkway flooding in the rain and then area beautified with plants that my wife and I raised for that purposes. We did this with the approval of all and at our own expense and time. We also raise and donate plants to the grounds committee. These are not gifts of money but gifts we create with our time and attention and are given as an act of caring for the community to be used at their discretion. 

  
Pictures 6.1.jpg and 6.2.jpg

Now I see a some people (mainly a board member) violating common property in many places as the pictures show. What was good lawn can no longer be mowed and private plastic pots are added also.

Picture 6.3 6.4 and 6.5 are common areas the were mowable and have been taken over for personal gardening and potting.

   
Pictures 6.3.jpg, 6.4.jpg and 6.2.jpg

 


7 A tree that has outgrown proper use

A tree that has outgrown proper use and is inappropriate for the space. The tree roots below have heaved the ground and are now about 6" above ground.

    
     


8 I recommend adopting a rule that to avoid conflict of interest and liability

I recommend adopting a rule that to avoid conflict of interest and liability for hiring unlicensed and uninsured people that "No member shall receive pay for services rendered and all be encouraged to participate as volunteers.

9 Private money and/or loans need to be not permitted

The issue of paying member has created problems before. In 2005 and 2006 the lawn sprinkler system and pool were being cared for by a paid member. Both deteriorated as was documented for an Annual Meeting in 2007.

In 2006 much of the lawn had died. The paid member said we needed the sprinkler system replaced. I knew that was not true as I had worked with much older pvc systems. The sprinkler head were not being maintained and some had been grown over. The paid member had the key to the sprinklers and would not let me test them so that I had to get up at night when it turned on to document the sprinkler head failings.

I include a copy of the 2007 report for the sake of new members and wonder why the Secretary dose not have the updates that the sprinkler system maintenance company is to provide on a regular basis?

Sharing information from 2007 on problems and solutions. Items from the annual meeting 9.1a, 9.1b.


Documentation for the 2007 Annual meeting

Reality Check: 2006 and 2007

Three years ago we had pigeons on the roof. Their dung smell and noise was coming down our bathroom vent. In a strong wind pigeon dung would litter our back porch. Two years ago I consulted about the odor with Eric Strong then owner of #36 (in the plumbing and air conditioning business). I spoke with others about. the pigeons; some others had a problem also. Nancy Wetter said she sprayed water to chase them away. Then last year I consulted with the new owner of #36 Charlie Gans another professional plumbing and air conditioning person. When I found the problem, Charlie gave me money to buy screen for his air conditioner also! For some of the work Charlie held the ladder. Then I am on the roof with Olga guarding my ladder this time, when all of a sudden THE LADDER MOVES. It goes up over my head so I must go off balance to get on it to come down!

Bruno had come and moved the ladder before speaking to Olga. Then Bruno told Olga "Your breaking the law!"

1. Is it reasonable to move a persons guarded ladder like this? IS IT EVEN LEGAL? Why was Olga, guarding the ladder, not respected? The ladder was moved making it unsafe for me to come down!

2. Is 6 inches over my head 3 feet above foot level??? I went online and got the OSHA regulations. I calledOSHA 1-800-356-4674 for a reality check! Yes! Three feet above foot level! I shared this in a memo to the Board last Spring.

3. Tuesday Rose Burgess came to om condo about the problem Bruno was creating with the sprinkler system

this year. When I told Rose about the problem Bruno created last year, Rose said I should not go on the roof!

4. Is there an insurance clause that says rates go up if an owner goes on the roof?

5. Is there a by-law that says an owner has no right to repair his or her own air conditioner? I put a screenaround the air conditioner to keep out pigeons for us and Charlie. I also cleaned up and threw down about5 bushels of dung from off the roof. It would blow down on a windy days.

6. Read under Pictures 1 and 2. Look at Picture 2 (or just look around) is the grass brown everywhere???

7. Read under Picture 3. Look at Picture 3: Is the tree blocking the water causing the dry brown grass???

8. After Tuesday's discovery (low pressure in om sprinkler zone) we set the alarm for Wednesday and checked. I thought it may not go on every night but it did again and when the sprinkler changed zones there was low pressure in our zone again. Working at my desk yesterday about 6:30 am (still dark) the water went on in om zone! Read under Picture 4. Look at Picture 4. The water was spraying everywhere. I called Olga and went out. Bruno was there and the system pressure up in our zone again. Bruno was walking by our condo. I asked him about the water pressure, he would not answer me and walked away. I got Olga and we caught up with him at his front porch. His wife was in the door, in front of his wife and Olga; Bruno said, "The City turned down the water pressure!"

I had Called City Irrigation Water at 574-0862 and ask, "Has the City lowered the Irrigation Water pressure in the last year?" The answer was no! It is maintained between 40 and 60 psi.

Is it City pressure problems or local problems??? Call 574-0862 and get a reality check or just look at the grass or look at the pictures!

I am used to a caring respectful community where people respect one another and work together as they are able. To disagree is common but to distort reality for control is not.

In Russia Olga's father remodeled their 4-room home in the 1980's. The communist community inspectors said there was too much living space for one family and forced him to make two small two room apartments. I'm thankful this is America and we have by-laws and this annual meeting to help with problems and governance of our community. May we work together to solve problems not create them!!!

 Items to update the sprinkler system 9.2a, 9.2b, 9.2c, 9.2d, Sprinkler Line numbers for the layout 9.2e. Sprinkler Layout 9.2f.

2007 Mapped the Sprinkler System and Forwarded the Recommendation - with a copy sent to all members that I could get and address for.

10 To communicate on issues


 

Solutions Recommended:

1 We currently have a member Paul (with a background in real-estate) willing to volunteer his services as treasure and will do the duties of Secretary for free till a volunteer can be found. Lets give him the job of Secretary/Treasurer.

2 Avoid the conflict of interests have no members receive money except for reimbursement of recited expenses incurred in the process of performing their volunteer duties.

3. Enforce the by-laws of no pets including no large squawking birds like Parrots. Many people have given up their pets to move in here and many have moved in here because of the no pets rule.

Discussion:

I have seen a grouping that has attacked someone saying the truth about the common interest of others being violated. It appears to me that there is a self protecting grouping developing that will work together to do what they want and say what they want to get what they want and pay what they want whether their personal money or from the common fund. I feel that paying members for volunteer work is part of this grouping.

Request:

Please to donaldjjohnsonsr@gmail.com email me the email addresses of the owners that I may share these common concerns by email.

Item 1.3

Item 2.2a

 

Item 2.2b

Item 2.3

Item 9.1a

Item 9.1b

 

Item 9.2a

 

Item 9.2b

 

Item 9.2c

 

Item 9.2d 2007-sprinkler-recomendations-3.jpg

 

Item 9.2e


Item 2f

 

 

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