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| Coral Gables Luxury Condominium. Miami, Coconut Grove area Condominium. Questions and Florida condominium law. Send questions to bob@gablesclub.com 10 EDGEWATER DRIVE 6H, CORAL GABLES, FLORIDA, 33133 USA |
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| PRESIDENT : Robert Stone DIRECTOR : Dr. Don Levy DIRECTOR : Dr. JUDY RATZIN | ||
| MANAGER : SERGIO UBILLA CHIEF OF SECURITY: JORGE AVERHOFF 305 740 9111 |
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| THANKS DON, Terri Brown, Max Waas, Tom Kallos, Bill Silver, Jorge Bou and all others that pitched in and helped. Intense campaigning against the ballot by Perrin, Huff and their buddies could not defeat the wishes of over 154 Unit Owners that wanted real representation out of the board members. |
| Steve Brown and his company have
filed a lawsuit against our Association, and he is trying to scare us
into giving them our $25 million dollar marina. Why should we have to pay
any legal fees to defend this suit? Our former president Mr. Perrin got us into this mess when he signed the contracts with Mr. Kovens and Mr. Brown. We have insurance to cover officers and directors misconduct. Mr. Perrin would have avoided any problems if he had consulted with our Board Attorney Barry Blaxberg before he got us into this mess. |
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This is a prime example of why we cannot lose
control of our marina. If it is so easy for the President to change
the rules to suit themselves, how can we be sure that it will not
happen whenever the Gables Club Marina, LLC, wants to dock a big ship
there, or allow live-a-boards, or violate any of our other rules. WHAT
IF THEY PURCHASE A CASINO GAMBLING SHIP?
Now they want to change many of the Marina Rules at the next Marina meeting. I think that they should read our Condo documents and the prospectus page 6, paragraph "O", before they try to change so many rules. It states:
Condominium Prospectus page
6 paragraph "O"
Extensive regulations have
been adopted concerning the use, operation, maintenance and upkeep
of the marina. Persons
intending to purchase a Marina License should review these
regulations carefully.
In our condominium documents, Kovens never
reserved rights in perpetuity to hold OUR marina license hostage.
It seems nonsensical that a new developer could
lay claim to our marina license forever.
These rights expired at turnover, and must be
contested at the highest levels. Any other course would be an
abandonment of the Boards fiduciary responsibility.
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Marina committee/Board Meeting October 11th, 2005
| My hat is off to committee members Janet Tralins and Pat Keon. They freely spoke out on many matters that were of concern to the attending Unit owners. Both of them would be great candidates for a newly ELECTED five person Board of Directors. |
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Mr. Barry Blaxberg October 14, 2005 Gables Club Condominium Association Attorney Fax 305 371 6816 Mr. Perrins action in Appointing a committee where a majority of the members have strong conflicts of interest and are involved with the marina debacle is not the correct method of solving our marina problems. He appointed all of the slip license owners to the committee. This is a mockery of our intelligence and would never fly in a court of law as a true representation of all unit owners in the association. Some of the known conflicts of interest are: Mr. Perrin signed the contracts giving away our marina and all our rights. He has already admitted that he received Dock number five in a trade with Gables Club Marina, LLC. Mr. Huff, the chairperson, docks his new boat in Mr. Browns slip number seven. He also admitted that he has been working in favor of this project for the past two years. Mr. Brown is a manager of Gables Club Marina, LLC, and has destroyed our docks to the tune of approximately $50,000.00 Mr. Kovens, who the contract names as the owner of slip number nine, is named in the contracts as the recipient of an additional $250,000.00 and one hundred feet of dock space if the marina is expanded. He also receives development rights at the end of three years if the marina is not expanded. Directors Gabriel Pou and Judy Ratzin have failed to perform their fiduciary duties to halt the destruction even after they were advised that it was not legal. Both of them ignored their responsibility to collect overdue marina maintenance fees from Mr. Perrin for the slips that Mr. Perrin was claiming as his own. The only legal way to solve this mess is to follow our condominium documents and the Florida statute 718. In accordance with our condo documents, foreclosure proceedings on the eighteen slips that Mr. Perrin sold to Gables Club Marina, LLC. should be instituted immediately for the following reasons: 1) Gables Club Marina, LLC has not made any maintenance payments to the condominium association during the entire year of 2005. The maintenance fees due for the eighteen slips is $7875.00 per quarter times four quarters which equals $31,500.00. Late fees of $100.00 monthly per slip are $21,000 for ten months and interest of 18% is $5,670.00 for a total of approximately $58,170.00 that is past due and owing. Attorney fees must also be included. Our condo docs require foreclosure of the licenses. 2) Our president Mr. Perrin sold our eighteen slip licenses to Gables Club Marina, LLC which is not a registered owner of a unit in our association. Our condo documents require foreclosure on these licenses immediately. Our condominium documents require that slip licenses must only be owned or sold to a unit owner that is a member of our Association. Since December 27th. 2004, these licenses have been held by an entity that is not a unit owner. 3) Gables Club Marina, LLC destroyed five docks causing approximately $50,000.00 in damage. Our documents require foreclosure for a serious violation of our rules. A warning letter was sent by our association attorney Mr. Barry Blaxberg on August 8th.notifying Mr. Perrin and Gables Club Marina, LLC to stop the construction immediately. This letter was “ignored” and the construction continued for six more days. 4) Gables Club Marina, LLC has rented various slips to boat owners and has failed to file a certificate of slip license with the association denoting ownership or proof of insurance of the renting vessel. 5) According to Agent Jim Heisler, as of October 1st. Gables Club marina, LLC was not a valid holder of a Florida sales tax certificate and did not file Sales tax reports with the Florida Department of Revenue, possibly making the association responsible for any fines and penalties that would become due for failure to file and pay the sales tax on the slip rentals. 6) Gables Club Marina, LLC has shown contempt for the rules of the association by jointly applying with Mr. Perrin to the City of Coral Gables for a zoning variance on our property to allow Mr. Perrin to construct an elevator in one of his slips. Our condo documents do not allow elevators. Mr. Perrin said at the board meeting that the previous board had changed the rules to allow him to construct the elevator, but this is untrue. 7) Gables Club Marina, LLC thumbed its nose at all unit owners by constructing a one-hundred and twenty-five foot dock and planning on parking an eighty foot ship parallel to our pool obstructing our views and our breezes. Allowing these contracts to stand will in my opinion: 1) Allow the developer to make a claim for return of his development rights if the marina is not extended. Allow the developer to own one hundred feet of dock in the extended marina without any oversight by the association as to his intentions. 2) Set a very dangerous precedent whereby a president of an association can sell common area and if he is caught, just ask the unit owners to approve of what he has wrongly sold. 3) Allow Gables Club Marina, LLC to control the operation of our marina. They have previously shown their contempt for the rules and regulations of our association. And, as Mr. Perrin has stated, the board can change the rules by a simple majority without holding a unit owner vote. Mr. Perrin ignores our rules by running his boats air conditioner 24/7, which is a violation of our rules. This combination thinks that our rules are made to be broken. Mr. Perrin should be removed from his position for breaking his fiduciary responsibility to the Unit Owners. Our Association maintains Directors and Officer Liability insurance. A claim should be made immediately for any loses and legal fees that will be required to “take back our marina”. We should not be responsible to pay any legal fees due to the president’s negligence. Depositions of all those involved should be taken and a complete investigation undertaken to determine who owns Gables Club Marina, LLC and who else stands to benefit from their take-over of our marina. 1) As the president, Mr. Perrin told me that he had consulted with Mr. Blaxberg before entering into the contracts. Mr. Blaxberg, in writing, has denied any advance knowledge about the marina contracts prior to my first letter to him on August 3rd. of this year. The contracts that our president signed were recorded in the Miami-Dade official records book 22967 on page 1179 and page 1183 on January 4, 2005 2) Mr. Perrin knew, or should have known that development rights expired on turnover of control in July 2003. 3) Mr. Perrin knew or should have known that our documents forbid the transfer of a marina license to a non unit owner. 4) Mr. Perrin did not make any maintenance payments on slip number fifteen for a period of seventeen months. Mr. Perrin did not make any maintenance payments on slip number six during the entire year of 2004. Mr. Perrin did not make any maintenance payments on slip number five for the first six months of this year. Mr. Perrin made a $3,000.00 payment on August 11th. 2005, which was exactly six days after I submitted an official request to the association to review the marina fee payment documents. However, he still owes the association a very substantial amount of money for late fees and interest. 5) Mr. Perrin has not attempted to collect the marina maintenance fees for slip number nine which the contracts list as being owned by Marc kovens, unit owner. The manager said that it has not collected anything on this account for over one year. Respectfully yours, Bob Metzler 6H 305 669 2189 Fax 305 669 2184 email : bob@gablesclub.com
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| BOARD MEETING THURSDAY EVENING SEPTEMBER, 29TH.
2005. I VIDEOTAPED THE MARINA DISCUSSION. MR. BLAXBERG DID A DECENT JOB EXPLAINING THAT HE IS OF THE OPINION THAT OUR ASSOCIATION OWNS THE MARINA AND MR. PERRIN AND MR. BROWN DID NOT HAVE THE AUTHORITY TO DESTROY OUR DOCKS OR CLAIM OWNERSHIP OF OUR MARINA. HE STATED THAT IT WAS MR. PERRIN THAT ENTERED NEGOTIATIONS WITH THE DEVELOPER AND THERE WAS A MARRIAGE. HOWEVER, I FEEL THAT HE SHOULD HAVE READ ALOUD PARAGRAPH (34)(A). OF OUR DOCUMENTS THAT READS "DEVELOPER, FOR SO LONG AS IT CONTROLS THE ASSOCIATION, SHALL HAVE THE RIGHT TO ELIMINATE, EXPAND, CHANGE OR ALTER THE DESIGN, LAYOUT, CONSTRUCTION AND APPURTENANCES OF THE MARINA FROM THAT SHOWN IN EXHIBIT "A-4". DEVELOPER CONTROL ENDED IN JULY OF 2003. THERE ARE NO LONGER ANY DEVELOPMENT RIGHTS. CONSPICUOUSLY ABSENT FROM THE MARINA DISCUSSION WERE ALL OF MR. PERRINS SUPPORTERS THAT WORKED SO HARD TO GET HIM ELECTED PRESIDENT, EVEN THOUGH HE HAD ONLY BEEN A MEMBER OF THE ASSOCIATION FOR FIVE MONTHS. NOT ONE OF HIS SUPPORTERS WAS PRESENT. HUMMM, DID THEY WAKE UP AND SMELL THE COFFEE BURNING? AT THE END OF THE DISCUSSION, DIRECTOR JUDY RATZIN APPEARED TO ASK MR. BLAXBERG TO MAKE A STATEMENT CONCERNING MR. PERRIN. MR. BLAXBERG STATED THAT HE HAD CONDUCTED AN "INVESTIGATION" AND DETERMINED THAT MR. PERRIN HAD NOT RECEIVED ANY BENEFIT FROM THIS SCANDAL. I THEN ASKED MR. PERRIN HOW HE HAD OBTAINED "SLIP #5" (THE LARGEST MOST EXPENSIVE SLIP). HE SAID THAT MR. BROWN EXCHANGED CERTIFICATE # 5 FOR MR. PERRINS (SMALLER, LESS EXPENSIVE) SLIP #15. I STATED THAT SLIP #5 WAS WORTH SUBSTANTIALLY MORE THAN HIS SMALLER SLIP #15. MR. PERRIN SAID THAT IT WAS MR. BROWNS PROBLEM, IT WAS ONLY A "PIECE OF PAPER". (a PIECE OF PAPER WORTH $100,000.00 MORE THAN THE OTHER "PIECE OF PAPER") SLIP #6, WHICH IS THE SAME AS SLIP #5 ORIGINALLY SOLD FOR $225,000.00 , SLIP #15 ORIGINALLY SOLD FOR FAR LESS MONEY, BECAUSE OF ITS SIZE AND POSITION. THE BIG PROFITS ARE YET TO COME, PETITIONING THE DADE COUNTY COMMISSION FOR THE RIGHT TO BREAK OUR COVENANT WITH THE COUNTY AND ALLOW MORE POWER BOAT SLIPS AND THEN SELLING THEM FOR $300,000.00 OR MORE. ARE THESE PEOPLE IN "LA LA LAND" OR DO THEY BELIEVE THAT ALL THE OTHER UNIT OWNERS ARE "STUPID?" I ASKED MR. PERRIN WHY WE WERE APPEARING BEFORE THE CORAL GABLES BOARD OF ADJUSTMENT ASKING FOR A "ZONING VARIANCE" IN ORDER FOR MR. PERRIN TO CONSTRUCT AN "ELEVATOR" IN HIS SLIP #5? OUR DOCUMENTS FORBID THIS CONSTRUCTION. MR. PERRIN, ON VIDEOTAPE, STATED THAT THE PREVIOUS BOARD HAD "CHANGED" THIS RULE. I HAVE COPIES OF ALL THE PREVIOUS BOARD MEETINGS, AND THE ASSOCIATION DOES NOT HAVE ANY RECORDS OF A CHANGE ALLOWING ELEVATORS IN THE MARINA. I GUESS THAT HE FIGURES HE IS THE PRESIDENT AND CAN DO ANYTHING THAT HE PLEASES. MR. PERRIN PREVIOUSLY TOLD ME THAT HE HAD OBTAINED MR. BLAXBERGS OPINION ON THE LEGALITY OF THIS MARINA FIASCO BEFORE PROCEEDING. MR. BLAXBERG, IN WRITING, HAS FLATLY DENIED ANY PREVIOUS KNOWLEDGE OF THE MARINA "TAKEOVER". UNIT OWNER BARBARA GREEN PROPOSED A COMMITTEE, HEADED BY JANET TRALINS TO STUDY THE ISSUE AND DECIDE IF WE SHOULD BOTHER PUTTING IT TO A UNIT OWNER VOTE. GOOD IDEA, BUT MR. PERRIN INSERTED HIMSELF AND MR. BROWN ONTO THE COMMITTEE, AND ALSO THE OTHER MARINA SLIP USERS. THIS PUTS THE FOXES INTO THE "HENHOUSE". MR. BLAXBERG SAID THERE WAS A GOOD CHANCE THAT WE WILL END UP IN A LAWSUIT BECAUSE OF THIS MESS THAT WAS STARTED BY MR. PERRIN. |
| HOWEVER, WHEN IT CAME TIME TO SETTLE OUR ALL IMPORTANT LAWSUIT AGAINST THE CONTRACTORS ON PHASE ONE, THEY HELD TWO "EMERGENCY BOARD MEETINGS TO VOTE". NO NOTICE AND NO UNIT OWNERS COULD ATTEND. NO WAY THAT THEY CAN JUSTIFY THAT THESE WERE BOTH EMERGENCIES. I GUESS THEY WERE ASHAMED OF THE OUTCOME OF THIS LAWSUIT THAT COST THE ASSOCIATION CLOSE TO ONE MILLION IN LEGAL AND ENGINEERING FEES. IN 2001, FORTY ONE UNIT OWNERS HIRED THE MILLER LAW FIRM OF CALIFORNIA, ON A CONTINGENCY FEE BASIS. TOM MILLER SPENT ALMOST A HALF MILLION DOLLARS OF HIS OWN MONEY. WHEN THE DEVELOPER TURNED OVER CONTROL, THE NEW PRESIDENT HIRED NEW LAWYERS, SAYING THAT WE WOULD GET A BETTER RETURN IF WE PAID OUR OWN EXPENSES. SOME DEAL, WE WENT FROM NOT PAYING ANYTHING TO PAYING A MILLION DOLLARS TO GET BACK ONLY 1.5 MILLION. I CALL THAT VERY BAD JUDGMENT. BUT, WHILE THESE SETTLEMENT NEGOTIATIONS WERE GOING ON, OUR NEW PRESIDENT WAS NEGOTIATING WITH THE DEVELOPER TO BUY OUR MARINA, EVEN THOUGH OUR DOCUMENTS DO NOT ALLOW THIS, AND THE DEVELOPMENT RIGHTS ENDED WITH TURNOVER IN JULY 2003.
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| SEE WHAT YOUR BOARD OF DIRECTORS IS
SHOVING
DOWN OUR THROATS. NO MEETING, NO VOTE EVEN THOUGH THE DOCUMENTS DO NOT ALLOW THIS. THEY DON'T CARE. WHEN IT COMES TIME TO VOTE ON THIS TAKEOVER, PLEASE, DO NOT VOTE, JUST IGNORE THEIR PLEAS FOR YOU TO GIVE THEM FOR FREE OUR TEN MILLION DOLLAR MARINA.
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OUR PRESIDENT, TERRY PERRIN SOLD OUR
TEN MILLION DOLLAR MARINA TO UNIT OWNER STEVE BROWN AND HIS BRAND NEW
CORPORATION, GABLES MARINA LLC. ( NICE NAME, RIGHT, DESIGNED TO CONFUSE
AND MAKE IT EASIER FOR THEM TO OBTAIN PERMITS). BUT, THE ASSOCIATION DID
NOT RECEIVE ONE DIME. THE MARINA BELONGS TO THE ASSOCIATION (SO SAY OUR
CONDO DOCUMENTS AND BARRY BLAXBERG OUR CONDO ATTORNEY), AND MR.
PERRIN DID NOT HAVE ANY RIGHT TO SELL IT. MR. PERRIN, WE WANT OUR MARINA BACK, IMMEDIATELY. WE DEMAND THAT YOU RESPECT OUR CONDO DOCUMENTS AND FLORIDA STATE LAW. YOU HAVE ALLOWED OUR CONCRETE DOCKS TO BE DESTROYED. YOU HAVE APPLIED FOR ZONING VARIANCES TO BUILD A BOAT ELEVATOR IN THE MARINA, EVEN THOUGH OUR DOCUMENTS DO NOT ALLOW ELEVATORS. YOU RUN YOUR BOAT AIR CONDITIONER 24/7, EVEN THOUGH OUR DOCUMENTS DO NOT ALLOW IT. YOU WANT TO PUT 45 POWER BOATS THERE AND INCREASE OUR SUBSIDY FOR THE INSURANCE AND PROPERTY TAXES FOR OUR MARINA. DADE COUNTY AND OUR DOCUMENTS ONLY ALLOW NINE POWERBOATS IN OUR MARINA. YOU HAVE REFUSED TO SUPPLY ANY DOCUMENTS SHOWING WHO OWNS THE LICENSES IN OUR MARINA. TWENTY FOUR SLIPS ARE NOT PAYING THE REQUIRED MONTHLY MAINTENANCE PAYMENTS TO THE ASSOCIATION. WHY SHOULD THEY BE ALLOWED TO MAKE A FIVE MILLION DOLLAR PROFIT WITH OUR MARINA? THE ASSOCIATION MUST RECEIVE ANY PROFITS, NOT SOME INDIVIDUAL UNIT OWNERS. |
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OUR CONDO ASSOCIATION'S ATTORNEY, BARRY
BLAXBERG, SENT A LEGAL OPINION TO OUR PRESIDENT, TERRY PERRIN ON MONDAY,
AUG. 8TH. HE RECOMMENDED THAT CONSTRUCTION WORK ON THE DOCKS BE HALTED AND
AN INVESTIGATION BEGUN IMMEDIATELY. HE ALSO STATED THAT THE DOCKS AND THE
MARINA BELONGS TO THE ASSOCIATION AND THAT THEY ARE COMMON ELEMENTS. ANY
CHANGES REQUIRE A BOARD MEETING AND A UNIT OWNER VOTE OF APPROVAL. HE SAID THAT MR. BROWN IS MISTAKEN IF HE IS TAKING THE POSITION THAT HE HAS THE RIGHTS OF THE DEVELOPER TO PURSUE SUCH WORK UNILATERALLY. THE DEVELOPERS RIGHTS TO ADD TO , CONSTRUCT, DESTROY OR MODIFY OUR DOCKS ENDED WHEN HE TURNED OVER CONTROL OF THE ASSOCIATION IN JULY OF 2003. MR. BROWN SIGNED SEVERAL AFFIDAVITS FOR PERMITS AS THE OWNER OF THE MARINA. |
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MR. PERRIN REFUSED TO LISTEN TO MR. BLAXBERG, EVEN THOUGH HE REQUESTED THE LEGAL OPINION. MR. PERRIN AUTHORIZED THE CONSTRUCTION WORK TO CONTINUE FOR ONE MORE WEEK UNTIL IT WAS FINISHED. HE COULD CARE LESS IF WE LOSE OUR BREEZE AT THE POOL, OR OUR VIEWS OF THE WATERWAY. MR. PERRIN TOLD ME THAT WE (NOT THE ASSOCIATION) WERE GOING TO BUILD NEW DOCKS, OBTAIN MORE POWERBOAT PERMITS AND MAKE A LOT OF MONEY SELLING THESE MARINA SLIPS. MR. PERRIN REFUSES TO PROVIDE ANY DOCUMENTATION SHOWING ANY SALE OR TRANSFER OF OUR MARINA, SAYING THAT WE HAVE NO RIGHT TO SEE ANY PAPERS. | |
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OUR CONDO ATTORNEY BARRY BLAXBERG SENT THIS EMAIL TO THE
CORAL GABLES CITY ATTORNEY ON SEPT. 18TH. HE HAS NOT
PROVIDED ANY DOCUMENTS (NOT ONE SINGLE DOCUMENT HAS BEEN PRODUCED ALLOWING
ANY OF THESE THINGS TO OCCUR) TO THE ASSOCIATION MANAGER FOR REVIEW OR
INSPECTION EVEN THOUGH I HAVE MADE A LEGAL REQUEST TO REVIEW THESE
DOCUMENTS. THE ASSOCIATION OFFICE CLAIMS THAT IT DOES NOT HAVE ANY IDEA ON
WHO OWNS THE SLIPS THAT MR. BLAXBERG IS REFERRING TO. THEY DO NOT HAVE ANY
SALES CONTRACTS OR ANY INDICATION ON OUR MARINA DEVELOPMENT RIGHTS BEING
SOLD TO ANYONE. ANY DEVELOPMENT RIGHTS EXPIRED AT TURNOVER IN JULY
2003, AS SPECIFIED IN OUR CONDOMINIUM DOCUMENTS. SO, MR. BLAXBERG, HOW CAN YOU MAKE THESE STATEMENTS TO THE CITY ATTORNEY OF CORAL GABLES IF YOU DO NOT POSSESS ANY DOCUMENTS TO BACK UP YOUR CLAIMS? FLORIDA STATUTE 718 PROVIDES THAT THESE DOCUMENTS ARE PART OF THE ASSOCIATION RECORDS AND SUBJECT TO MY REVIEW. ARE YOU INTENTIONALLY WITHHOLDING THESE DOCUMENTS FROM THE ASSOCIATION MANAGER IN ORDER TO ALLOW MR. PERRIN AND MR. BROWN TIME TO OBTAIN PERMITS AND HOLD A UNIT OWNER VOTE? HOW CAN THEY CLAIM THAT NO ONE ASKED THE QUESTION IF THEY COULD DO THIS WORK? DON'T THEY ALL HAVE EXPENSIVE ATTORNEYS TO REPRESENT THEM? DON'T TELL US THAT THEY ENTERED INTO THIS AGREEMENT WITHOUT LEGAL HELP. THEY IGNORED YOUR LEGAL ADVICE TO STOP CONSTRUCTION AND KEPT WORKING UNTIL THE DESTRUCTION OF OUR DOCKS WAS COMPLETE. HOW CAN YOU CLAIM THAT THESE ARE REMOVABLE PIERS? IT TOOK TWO BARGES, A CRANE, LARGE AIR COMPRESSOR AND NUMEROUS CONSTRUCTION WORKERS TWO WEEKS TO DESTROY 300 SQUARE FEET OF 12" THICK POURED CONCRETE DOCK AND "YANK OUT" 10 TELEPHONE SIZED PILINGS. MR. BLAXBERG, ARE YOU PROTECTING OUR INVESTMENT IN OUR TEN MILLION DOLLAR MARINA, OR ARE YOU PROTECTING MR. PERRIN AND MR. BROWN? ARE YOU WORKING FOR THE UNIT OWNERS WHO ARE PAYING YOU, OR ARE YOU WORKING FOR MR. PERRIN AND MR. BROWN? I CERTAINLY DON'T FEEL AS IF YOU ARE PROTECTING ME. IF THEY CONTINUE IMPROVING OUR MARINA, WE UNIT OWNERS WILL HAVE TO PAY HIGHER PROPERTY TAXES ON THE MARINA, AS IT IS A COMMON ELEMENT OWNED BY ALL OF US, AND WHO WILL PAY THE INSURANCE PAYMENTS ON THE MARINA? RIGHT NOW, THERE IS NO INSURANCE ON IT. |
From: I. Barry Blaxberg [mailto:Barry.Blaxberg@blaxgray.com]
I am general counsel to the Association; some work was done by Mr. Steve Brown , a unit owner (not an officer) of the Association, to remove some removable piers to enlarge some of the existing boatslips. Mr. Brown purchased the original developer’s rights to all of the existing boat slips which had not already been sold to other unit owners, and also the right to development of the rest of the marina which had not yet been constructed by the Developer, subject to all local and state permits am in contact with Mr. Brown and his attorney and we are negotiating a resolution of the issue. I have informed Mr. Brown that the Association will require Board and unit member approval of changes to the marina/boat slips. No one asked the question regarding approval, and apparently the President, Mr. Brown and whoever else was involved were all under the belief and impression that the acquisition of the Developer’s rights did not require any further role or involvement of the Association. I let them all know that they were incorrect and we are in the process of establishing the necessary arrangements to approve or disapprove a) work already performed and b) any future work, all of which would be subject to the necessary permits being in place for such work to be performed. IN SUMMARY AND CONCLUSION: There is no present dispute over ownership--- the marina is a common element owned by the Association, subject to Marina License Certificates which control rights of certificate holders (mostly the Developer’s assignee, Mr. Brown) to have exclusive use rights in the marina.
I. Barry Blaxberg 25 SE 2nd Avenue Suite 730 Miami, FL 33131 Phone: 305-381-7979 extension 311 Fax: 305-371-6816 |
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MOVE TO THE
GABLES CLUB AND LIVE IN A PERMANENT "CONSTRUCTION
ZONE". THEY CALL THIS "LUXURY
LIVING"? EVERY DAY, AT LEAST TWO OF THE MAINTENANCE WORKERS USE NOISY BLOWERS, EDGER'S AND MOWERS TO DAMAGE OUR HEARING. THIS IS NOT AN OCCASIONAL PROBLEM, THEY DO IT SIX DAYS A WEEK.. FIRST, THEY USUALLY BLOW THE LEAVES AROUND. THEN THEY WILL GO AND GET THE NOISY GASOLINE EDGER'S. THEN SOME DAYS, THEY BRING OUT THE NOSIEST GASOLINE MOWER. SINCE MOVING HERE SIX YEARS AGO, MY HEARING HAS SUFFERED IRREVERSIBLE DAMAGE. REPEATED REQUESTS FOR "QUIET" HAVE MOVED THE STARTING TIME BACK TO 9:00AM. SOME DAYS, IT STARTS AT 8:30 AM. MOST OF THE TIME, IT IS IMPOSSIBLE FOR ME TO SIT ON MY BALCONY AND READ THE NEWSPAPER. JUST TRY TO SLEEP LATE ONE MORNING. !!!!!!!! JUST TRY TO TAKE A NAP DURING THE DAY. !!!!!!!!!! THE HIGH FREQUENCY NOISE IS "DEAFENING". WHAT A WASTE OF TIME AND MONEY. WATCHING THESE WORKERS BLOW LEAVES AROUND. THEY NEVER PICK THEM UP, THEY JUST BLOW THEM INTO THE BUSHES. WHEN THE WIND BLOWS, THE LEAVES ARE BACK ON THE WALKWAYS. THEY DON'T HAVE ANYTHING ELSE TO DO, SO THEY GRAB A NOISY MACHINE AND WALK AROUND. WHY NOT USE A BROOM AND SHOVEL? HAVING SOLD MUFFLER MANUFACTURING MACHINES FOR OVER THIRTY YEARS, I AM FULLY AWARE OF THE SHORT LIFETIME OF THESE MINUSCULE MUFFLERS THAT ARE ATTACHED TO THESE NOISY BLOWERS, WEED EATERS AND MOWERS. THE NOISE EVEN PENETRATES THROUGH THE WALLS OF THE APARTMENT, POLLUTING THE INTERIOR AS WELL AS THE EXTERIOR. THE WORKERS DO NOT USE ANY EAR PROTECTION, WHICH SUBJECTS THE GABLES CLUB TO A POTENTIAL LAWSUIT FOR LOSS OF HEARING AND FAILURE TO OBSERVE OSHA, EPA, FLORIDA AND CITY OF CORAL GABLES NOISE AND ENVIRONMENTAL PROTECTION AGENCY RULES AND REGULATIONS. |
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I HAVE MEASURED SOUND
LEVELS OF OVER 130DB CLOSE TO THE NOISY MACHINES AND OVER 100DB. ON MY
BALCONY WHICH IS OVER ONE HUNDRED FEET AWAY.
LOUDER THAN A LOW FLYING JET AIRPLANE.
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EARING |
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SAFETY HAZARD AT THE POOL ONE STAIRWAY AT THE POOL DOES NOT HAVE A SAFETY RAILING. ON SUNDAY, I OBSERVED TWO HEAVY SET, ELDERLY LADIES DESCENDING THESE STAIRS. ONE ALMOST FELL BECAUSE THERE WAS NO SAFETY RAILING TO HOLD ONTO. I BELIEVE THAT FEDERAL SAFETY STANDARDS CALL FOR A RAILING ON ALL STAIRS. THIS IS A LAWSUIT WAITING TO HAPPEN |
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STROKE: Remember The 1st Three letters... S.T.R.
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| SPEAKING OF THE POOL. ON SUNDAY OF THE MEMORIAL DAY
WEEKEND, AT ONE TIME THERE WERE 40 VISITORS AND ONLY 25 LOUNGE CHAIRS. NOW
THAT THERE ARE TWO TOWERS OPEN, WE SHOULD HAVE ADDITIONAL LOUNGE CHAIRS
POOLSIDE. I DON'T UNDERSTAND WHY WE DON'T HAVE ANY RESTROOMS AVAILABLE AT POOLSIDE. WITH ALL THE CHILDREN AROUND, SOME OF THEM MAY BE TOO LAZY TO GO UP THE STAIRS AND ALL THE WAY INTO THE SPA TO USE THE RESTROOMS. WHY CAN'T WE CONSTRUCT RESTROOMS AT THE POOL? WE COULD TEE INTO THE WASTE PIPES THAT ARE IN THE GARAGE. |
| SOME OF THE POSITIVE CHANGES THAT I WOULD LIKE TO SEE WOULD
INCLUDE: 1. PHOTO ID BADGES FOR ALL EMPLOYEES. 2. PHOTO ID BADGES FOR ALL TRADES PEOPLE WORKING ON THE PROPERTY. THIS IS NOW EASY TO DO WITH DIGITAL CAMERAS. THESE WORKERS HAVE ACCESS TO OUR SERVICE AREAS. I HAVE NOTICED NEW ID BADGES LATELY. 3. NEW LIGHTING ALONG THE OUTER FENCE LINE OF OUR PROPERTY. AT NIGHT, IT IS VERY DARK ALONG THE FENCE LINE. A MUGGER (OR WORSE) COULD HIDE IN THE BUSHES AND ATTACK SOMEONE PASSING BY AND THE ASSOCIATION WOULD BE LIABLE. A BURGLAR (OR WORSE) CAN EASILY "HOP" THE FENCE AND SNEAK ONTO OUR PROPERTY. VERY HAPPY TO SEE THAT THE BUSHES HAVE BEEN" TRIMMED BACK". SOMEONE IS PAYING ATTENTION. GOOD JOB. 4. A MONTHLY DINNER DANCE IN THE RESTAURANT. MICHAEL SAID WEDNESDAY EVENING WOULD BE A GOOD NIGHT. |
ALL ORIGINAL MATERIAL COPYRIGHT BY BOB METZLER 2004