Portofino South Condominium Association Board of Directors Meeting September 20, 2016

Martha Lee called the meeting to order at 7:00pm

Roll Call-Present

Martha Lee – President

Pam Kittinger – Vice President

Gregory D’Elia – Treasurer/Secretary

Margie Daley

Parker Reid

Betse Gori

Helen MacDonald–phone

John Schaefer–phone

Keith Gornick- absent

Betse Gori made a motion to waive the reading and approve the minutes of the May 17th board meeting.  Gregory D’Elia seconded the motion.  Helen MacDonald requested that the minutes be amended to change the discussion of the TV rules and regulations until the October meeting.  Motion carried unanimously.

No president’s report

No vice presidents report

No secretary report

Gregory D’Elia gave the treasurers report with the recommendation that we look into the proper allocation of the cost of the pool remodel and the card room remodel since neither of these projects were in the 2016 budget.

Frank Lagalante gave the manager’s report—see attached

Barbara Tattersfield gave a report on new furniture & tables for the card room.

Pam Kittinger made a motion to give the decorating committee a budget of 25K to present a proposal to finish the room with tables, chairs, sink, bar, and refrigerator and anything else needed.  John Schaefer seconded the motion.  Motion carried unanimously.

Helen MacDonald made a motion to distribute the revised “Declaration of Condominium” to the unit owners the most economically and legal way possible.  Margie Daley seconded the motion.

A discussion regarding the issue of “airbnb” and have we properly addressed this in our revised documents.

Motion carried unanimously.

Betse Gori made a motion to approve the additional expenses submitted by Keshavarz Gregory D’Elia seconded the motion.  Discussion: Parker Reid requested that the contracts to go to our attorney for review.  No other board members felt that was necessary.

Martha Lee, Pam Kittinger, Gregory D’Elia, Betse Gori, John Schaefer, Helen MacDonald and Margie Daley were in favor of the motion.  Parker Reid opposed the motion.  Motion carried.

New business:

Geraldine McNamara spoke to board and those present to thank everyone for their support on Dede McNamara’s passing.

Valerie Barto requested that we hold a meeting in the summer to keep the community informed.  She was told that if anyone wanted information they should contact the Office for details on any projects that were being done.

Frank Lagalante requested that the board dismiss the current engineer FAE for the cooling tower and chillers project and replace them with KAMM Consulting.

Gregory D’Elia made a motion to dismiss FAE Engineering and retain the services of KAMM Consulting Inc.  Margie Daley seconded the motion.  Motion carried unanimously

Gregory D’Elia made a motion to adjourn the meeting.  Pam Kittinger seconded the motion.  Motion carried unanimously.


Gregory D’Elia, Acting Secretary


The Condo Consultant from the PB Post

By Ryan Poliakoff – Special to The Palm Beach Post

Question: Can new owners arbitrarily turn their apartments into “condotels” (meaning renting on a weekly or even daily basis) if the documents specifically state that, “the purpose of this covenant in this section is to maintain a congenial, residential community, non-transitory in nature, and this covenant shall exist until this Declaration is modified or until the condominium apartment project is terminated as hereinafter provided”?

The definitions of “residential” and “transitory” are clearly stated in the Florida Statues. Can owners do something about this situation and return our building to a truly “residential” community? It seems that all owners were provided with copies of the declaration, so this should not be an issue of ignorance on their part. — P.R.

Answer: You make a very interesting argument, but I don’t think that the covenant you quoted is enough to constitute a rental restriction, or to give the board the power to create rental restrictions by rule, particularly in a condominium. A leasing restriction is a restraint on transferring a possessory interest in property, and such restrictions are judged at a higher standard than most other restrictions. The language you quoted seems to be part of a broader discussion, probably about approving sales and rights of first refusal. But, if your declaration is silent about leasing, the language in your governing documents is probably not specific enough to enable the board to restrict leasing on its own. You would have to amend the declaration of condominium — and then, many leasing restrictions can be enforced only against new owners who purchase their units after the amendment is adopted, and owners who consent to the amendment. Most amendments creating leasing restrictions are not enforceable against existing unit owners who do not vote in favor the leasing amendment.