On this September 30, 2006 at
10:05am the following board members were present and gather in unit
# 111: Mr. Ernesto Fagundo, president, Mr. Richard P. Elie,
vicepresidente, Mr. Domenico Ruscigno, treasurer and Ms. Xiomara
Blandon, secretary. Mr. Ricardo Guillen, director (was not
available / out of the state) - in order to approve items and
ratified all previously announced and conducted board meetings and
approved items:
1.
The administrator has notified the board that the owner of
unit # 300 allowed an applicant to rent and move in, without board
approval, violating the rules, regulations and legal process set
forth. Therefore, as per the rules, regulations and laws governing
Tiffany Lakes Condominium Association,
we the board of directors unanimously
denies (do not approve) the rental application of Unit # 300.
2.
The board unanimously
approves the sales of unit #254, #284 and the rentals of unit # 106
and # 310.
3.
The board unanimously
accepts the pre approved amount of $205,000.00 dollars payable to
Tiffany Lakes Condominium Association, Inc.
(amount pre approved by the
adjuster Mr. Petter Patterson from CJW / Loyd's of London to repair
the missing tiles) to whom Tiffany Lakes Association will always
grateful. The administrator Mr. Clemente De La Torre, legal
counsels, board of directors and experts know that the Insurance
Company did the offer in good faith in spite of the facts
surrounding the claims. The estimated time for a final answer
and/or approval from Loyd's of London Insurance is four weeks.
In the event that Loyd's of London accepts the report of Mr.
Patterson from CJW, the board of directors will decide what
company(s) will do the work in our community, analyzing very
thoroughly all the estimates set forth. The board main objectives
are: (1) to hire the best company or companies for the job (license,
insured and with county permits), (2) to use Venezuelan roof tiles,
cement + bonding (will last longer than foam), (3) for the work be
continuous, (4) for the work to be finish in a timely manner and (5)
for money to be left over for other projects in our community.
4.
The administrator Mr.
Clemente De La Torre has notify the board that the County Building
Department has sent various notifications in the past to an ex board
member # 213 (ex president) of liens and fines pertaining to the
property fence that was illegally placed without county permits
(construction code violation) since 1996, which has never been
addressed, legally order and corrected by previous boards, including
the one before us. The last two notifications were sent to unit #
213 (ex president), demonstrating that the County has this address
because it has been the primary contact for this unresolved legal
issue in the past years. Furthermore, as advise by the
administrator Tower Management Services, Inc., Mr. Clemente De La
Torre Sr. and by the lack of evidence thereof, the ex board of
directors violated the Florida Statues by not writing and turning in
to the administrator (legal custodian of the minutes, signed and
dated by majority of the board of directors), minutes of every
monthly meeting demonstrating board approval and permits for
structural changes, additions, repairs, purchases of utility golf
cars, contracts, agreements, insurance issues, use of funds,
attorneys retainers, sales, rentals, approved letters to be mail,
decisions, concerns and opinions thereof, pertaining to the
Association. Furthermore, the administrator has yet to see all the
minutes of the monthly meetings (signed by at least three board
members) by the previous board, from August of 2003 thru May 2005
(period in which he was let go by the previous board), and from May
2005 thru May 17, 2006 (prior to the elections).
Therefore, we the board unanimously
approve the letter that the administrator wants to write and set to
all property owners / residents regarding this facts and his own
professional opinion.
5.
In lewd of the facts presented by the administrator and as
evidence thereof by the public records regarding the last two
notifications sent by the county, one in May and one in July of
2006 to unit # 213 (ex president), as per the opinion of various
experts, the County will have the address and contact of the person
they have been sending documents for a long time regarding this old
violation, and that happens to have been unit # 213 (ex president).
Since the liens and fines are in the thousands,
the boards unanimously grant
permission to the Administrator and approves for the hiring of the
best company available for this type of work, in order to correct
this serious problem and approves the retainer fee of $1,200.00 for
said company to do all the necessary and ample negotiations with the
county, obtain the necessary permits that have been neglected for
years, much prior to the new board of directors being elected by
majority of property owners.
6. The
board of directors is also made aware by the administrator, that
there are many code violations in Tiffany Lakes since 1996 which
were created by the developer and prior boards of directors, which
have been neglected by all previous boards (have not legally order
the administrator to comply with the county, by way of legal signed
minutes, by majority of the board ), including the prior board of
directors as the evidence shows by the lack of approved minutes,
liens and fines. In lewd of this findings and recurrent anonymous
complaints to the County, fines and lies thereof, all created and
done prior to the new board of directors being elected to office,
we the Board of Directors
unanimously approves and grant permission to the Administrator to
hire and submit payment to whichever company, license contractor,
electrical contractor, organization and lawyer he deems necessary in
order to correct all the violations neglected by all previous board
of directors and/or to process the necessary county permits to
conduct and/or finalize any pending work.
7.
The administrator is
advising the board that he will be conducting an internal audit of
all the work done in the community by the previous board of
directors without County Permits. We
the board of directors grant permission to the administrator to
conduct such an audit, to report its finding and to submit a letter
to all the property owners regarding such findings.
8.
The administrator has advised the board of the results of an
internal audit conducted by him, regarding unauthorized sales and
rentals in Tiffany Lakes Condominium Association, Inc. and his
request for approval to proceed with Florida Statues, rules and
regulations established therein; therefore,
we the board unanimously approve and
authorize Tower Management Services, Inc. Mr. Clemente De la Torre
Sr. to proceed and approves all required costs involved in enforcing
the Florida Statues and Condominium Rules and Regulations.
9.
After receiving advise
from the administrator and council that the owners have never
received in the past years copies of the rules and regulations,
the board unanimously
approves for an Official Copy of the Rules and Regulations as
recorded in the courts, to be sent out to all unit owners
(translated into Spanish), this way everyone knows what is expected
by living in a Condominium Association. Cost of translation is also
approved.
10.
The administrator and
board has received over 60 verbal concerns regarding the issue with
illegally parked cars in the streets making almost impossible for
unit owners to leave or enter their parking spaces or to even be
able to drive by the streets. Therefore, as per the Official Rules
and Regulations of our Condominium as recorded in Official Records
Book of Dade County, Florida in the office of Harvey Ruvin Clerk
Circuit Court on July 7 of 1997, stated on item # 12,
we the board of directors will send
a copy of the Official Rules and Regulations (in English) to all
unit owners (translated to Spanish) with a note of the name of the
Towing Company that has been assigned to Tiffany Lakes.
The tow company since the
elections has not come once to Tiffany Lakes, the opposite of what
the previous board used to do on a weekly basis, thinking that
everyone will govern themselves. In lewd of the fact that it has
been many violations of illegally parked cars in the streets, behind
other peoples cars, garbage areas and on top of the grass in the
past four months, and many owners and residents have not governed
themselves according to the rules and regulations of the
Condominium, we the board
unanimously approve for a final letter to be sent out to all unit
owners and residents pertaining to illegal parking and enforcement.
Furthermore, we the board unanimously grant legal permission for
Excalibur Towing Company to begin towing IMMEDIATELY, every day of
the week.
11. After
several board members have been victims of harassment and threats by
ex board members and very few of their followers (before, during and
after the elections), and continues to happen, not becoming of a
community association property owner/resident, the board has been
advised by counsel that criminal charges could be contemplated by
the board and filed, and civil law sues are eminent in lewd of the
extensive past history, and evidence/witnesses obtained during the
personal harassment and threats made towards the new elected board
members, their families and in the presence of their children,
totally unacceptable and in total violation of the rules,
regulations and laws (criminal & civil) of the State of Florida,
we the board unanimously
approves and gives permission to the Administrator and the legal
department to begin the legal process established therein, and begin
with the discovery process and final letter to those ex board
members and/or residents that are harassing and threatening the
directors, families, and other members of the Association of
Tiffany Lakes Condominium.
The Department of Business
and Professional Regulations (DBPR), the State of Florida Ombudsman
Office and various legal/judicial local entities are aware of what,
when, where and who is involved, since 2005 until the present time.
Copies and reporting of information will be forward to the
Department of Business and Professional Regulation (DBPR) and to the
State Attorneys Office (Condominium Crime Division) as indicated.
12. The
board unanimously approves for an internal financial audit to be
conducted and related costs thereof, (from August of 2003 thru May
17 of 2006) depicting how much money came in, fix expenses,
insurance costs, comparatives, receipts, cash, purchases, checks,
what was done with the money, how much was left, what was/was not
legally approved by way of signed minutes, and all related financial
evidence of the operation and decisions made without legal approval,
to be conducted by one of the two State of Florida approved
Auditors, and for a legal final report / opinion to be sent to the
DBPR, legal entities, administrator, board and to all unit owners
and residents.
13. The
board unanimously approves a project by the name of A Fun
Halloween for October 31, 2006 from 6pm-9pm. Therefore,
we the board of directors unanimously
approve the first company or companies that are available for the
advertising, booking and all the costs involved in renting
equipment, entertainment, security, food, refreshment and items, in
order for this event to be a true success for the children and
families, since booking is so difficult for this particular day of
the year.
14. Since
the unit owners will be receiving a copy of the Official Rules and
Regulations in English, there will be a translation to the Spanish
language. The administrator and the board of directors will point
out specific numbered items in the rules and regulations sent to all
unit owners/residents in order for them to be aware, avoid
violations, legal actions and fines thereof: Item # 3 (related
to animals and pets), Item # 4 (related to common elements),
Item # 5 (related to structural changes or alterations), Item
# 6 (related to advertising or posters), Item # 8
(related to disturbing the peace and Nuisance), Item # 9
(related to installations), Item # 10 (related to car
repairs), Item # 11 (related to commercial and recreational
vehicles), Item # 12 (related to the parking spaces), Item
# 13 (sale), # 14 (lease), # 15 (failure to give
notice), # 16 (costs), # 17 (sale), # 18
(lease), # 19 (unauthorized transactions), # 20 (default
in payment for common expenses), # 21 (liability for
assessments), # 22 (installation of fences, roofs, awning or
any alterations, concrete slab etc.), # 23 (storage areas and
chemicals), # 24 (attic access), # 25 (waterbeds),
# 26 (fines, declaration, bylaws or reasonable rules), # 27
(prohibited to play in any common area), and # 28 (unit
owners and tenants must abide by the rules and regulations also
posted on the pool area by the Dade County). Also as per Item #
5 of the official rules and regulations, Color change to
the exterior of any unit must first be approved by the board of
directors. and after hearing numerous complaints from unit
owners and seen that the current colors are obsolete (ten years
old), the current paint is not uniformed throughout the community
(different tones everywhere), experts opinion regarding increase in
property value from an excellent paint job, and the fact that
beginning in January 2007 we will have completed the paint reserve
funds, we are committed to
provide a new look to Tiffany Lakes, in order to make every owner
and resident be part of an INITIATIVE to elevate the community
standard, property value and quality of maintenance.
15. The
administrator and the board will be requesting the input from all
the residents in the community, in order to chose the best paint
combination (new look), at no cost to the residents, this way
Tiffany Lakes can also to look like "Coco Plum", "Sunset Island" or
"Fisher Island"; therefore,
we the board of directors hereby
unanimously approve the developing of two (2) unit models (and all
related costs, signs, paint and labor), in our condominium to be use
for the sole purpose of demonstrating to all residents what Tiffany
can look like in the future, after a "High Quality New Paint Job"
with excellent colors, as used in million dollars homes and condos
throughout.
16. The
administrator and the board want the best for all the residents in
the community, thus elevating the standard, quality and maintenance
that have been neglected for many years by previous boards of
directors, as the evidence will show. With high quality colors,
easy to clean with water pressure, our properties will look
fantastic, sophisticated and expensive. By doing so, we are not
only increasing the value of our properties, but we are also making
everyone feel proud of living in Tiffany Lakes. Therefore, after
meeting with experts (painters and designers), we are selecting
Sherwin Williams (paint/colors).
17. After
visiting various interested owners for this project,
we the board of directors select the
following corner units after receiving permission from their owners,
in order to create the models. The units selected are unit #
228, property owner Mr. Felix Asmar and unit # 184, property owner
Mr. Mateo Ramirez for this purpose.
In order to protect the
integrity of this project and maintain the same colors throughout,
in the event that the project as stated does not take place, Tiffany
Lakes Condominium Association, administrator and board of directors
present at the time, will make sure that both selected units will
receive FREE OF CHARGE the painting of their units with the existing
property colors, paid by Tiffany Lakes Condominium Association.
Copy of this document (minutes) will be available in the official
website
www.tiffanylakesonline.com for everyone to see and will be
personally provided to the two owners (models selected) for their
own records, to be use as faith and enforcement thereof. The
board will sent by mail to all unit owners a letter with a picture
of the location of the two units to be seen, and a stub on the
bottom of the letter will be use for their selection process.
18. The
two (2) units will be label as UNIT A and UNIT B. Beginning
this month of October, 2006 thru January 1, 2007, unit owners will
be asked for their opinion and input, in deciding the final choice
of paint/model for the entire community. The first unit to be
painted will be either model A or model B, respectively of the
selection process.
19. Once
the models are developed, the board will request estimates for the
paint job from all company owners residing in Tiffany Lakes, in
order to give them work opportunity not only to them, but to other
residents that want to work in this project. Therefore,
we the board unanimously approves for
the advertising of this future project. AGAIN
THIS PROJECT WILL BE PAID BY THE ASSOCIATION'S PAINT RESERVE FUNDS
which will be complete and ready to be use as per our rules,
regulations and statues, in January of 2007. Therefore,
we the board of directors unanimously approve the following colors
chosen by the experts for models UNIT A and for UNIT B, making our
community the only condominium in Kendall with this expensive look,
while serving as a model for other adjacent communities.
For unit model A the colors
will be SW 6115 (totally tan, satin) for the walls and SW
6118 (leather bound, satin) for borders and trims. For unit
model B the colors will be SW 6113 (interactive cream,
satin) for the walls and SW 6118 (leader bound, satin) for
the borders and trims.
20.
In lewd of the administrator receiving numerous phone calls
regarding the dirty roof tiles, which cleaning has also been
neglected by previous boards,
we the board unanimously approved the
pressure cleaning of all the small roofs (on top of the unit
entrances) by Mr. E. Valera (son of the director of maintenance) and
approve payment respectively thereof.
For
the top roofs, the board will be utilizing a license and insured
company that can do this type of work, and approve payments for
such.
21. All
previously announce and conducted board meetings, items, motions and
website information are ratified, approved and carried up to this
day September 30, 2006.
All
motions are unanimously approved and seconded by all board members
present to approve all items 1-21 and ratified all prior approved
minutes and items from 05/17/2006 thru 09/30/2006. Motions carried.
Board
meeting adjourned at 12:45pm.
Sincerely,
_______________ ________________ ______________
_________________
Ms.
Xiomara Blandon Mr. Ernesto Fagundo Mr. Richard P. Elie
Mr. Domenico Ruscigno
Secretary President
Vicepresident Treasurer