Portofino South 3800

A personal blog for news about our condominium and our neighborhood

PS Condo Meeting on January 17th 2017

– January 17th 2017

(Please forgive me for missing info as it is now very hard to hear in the new card room and the microphone is old)

All Board Members were present and the new board member Lucia Bonavita joined for the first time.

PK made an announcement that the November meeting minutes were not ready and also the December meetings minutes. (you can view both on this blog)

PK introduced herself and made a speech about her thoughts for her new presidency and how she would like to run things.

She announced that there will be basically only two committees: decoration and orientation.

GD- Treasury Report

We are $80,000 over last year but that includes the repair of the pool and card room that came out of operating moneys.

There are no delinquent accounts

From the audience, a question was asked by PR about the budget. He mentioned that there was a line item of a raise to the doorman and he had asked a few of the doorman and they had not been given raises. GD and Frank answered that raises are usually given on the anniversary of the person started working here and then the raises are given- PR reiterated that their salaries are very low and might leave before they get raises.

BG wanted to qualify when the audience can ask questions- PK said that the condo owners can ask questions or comments before the board votes on an issue. But only on agenda issues on that particular meeting.

Some discussion about The Sunshine Law about what the owners could discuss…did not hear also about a quorum which I also did not hear.

Frank said we used to have an open forum at the beginning of the meeting where owners could talk about different subjects. ( I think we should be able to speak before the meeting and during the meeting. This is our building!)

The Manager’s Report

The paving will start May 1 and the office has started calling people that do not stay here during the summer what their plans are for their cars.

The Cooling Tower:

Frank wanted to buy the tower which takes about 7 to 8 weeks to be delivered. We would purchase it ourselves at the cost of $83,000.00 and then bid out the companies that were going to install it. It seems that the architects /engineers/ contractors do not supervise the work. The installation should be about $120,000.00. He wanted to start this project this March but the board voted to start it next January 2018. The money will come from the loan that we took out. The majority of the board was not comfortable with buying the cooling tower and voted not to do it. Motion defeated. BG was the only vote opposing the board.

There is some new code that the fire dept wants to implement and have approached a list of 13 WPB condos. But what they are demanding would be incredibly expensive for old buildings to do so there is a lobbyist being hired to fight this in Tallahassee and the board voted to join the group and pay Poliakoff law firm up to $5000 to fight this new code. We were contacted by the Rapallo about this issue who saw our name on the list. The office said they never received the first notice. I think the lobbyist mentioned was named Donna Berger.

The window and door change:

Frank said that he received 20 inquiries that they would like to change their windows. ( See other post on the windows)

Our new Rule Documents will be ready soon for the condo owners to look at and read. They will have to sign an affidavit when they get the documents and if they are not in residence they will send the paper work by certified mail. There will be a meeting on Feb 13th with the building’s attorneys to answer any questions about the new rules.

Dock Key- new one is available at the office for anyone that wants one.

Orientation Committee- By M.D.

One new owner in 808, I renter in 203 and a boarder???







An Article from Becker and Poliakoff

7 Year Rule Does Not Apply To All Condo Records

Posted in Official Records, Operations
Question: I recently contacted my condominium association asking to review various records since I have some serious questions about how things are being done. I asked to see all the election documents and was told the management company only had last year’s results. I thought records had to be kept for 7 years? (C.O. by e-mail)

Answer: Section 718.111(12) of the Florida Condominium Act generally requires an association to keep official records at least 7 years and to make such records available to the unit owners for their inspection within five working days of a written request. However, as with most rules, there are exceptions. Specifically, the law states that, “ballots, sign-in sheets, voting proxies, and all other papers relating to voting by unit owners must be maintained for 1 year from the date of the election, vote, or meeting to which the document relates.”

The other exception to the 7 year rule is board member certifications which must be kept for 5 years from election or for the duration of the director’s uninterrupted service, whichever is longer.

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.