Jade Winds Complaints and Violations- It's a 2-Way Street with Laws

When a formal complaint or allegation is made against a community association manager or CAM firm the department will investigate, condu..

I Got Fined...Now What? Part 2

So it's official or is it really? I have been fined (at least on paper) for something I didn't do and without due process as required by FS718.303. Someone must have..

Pic and Problem of the Day

My Assessment Dollars at Work? Yeah Right!

Allamanda Pool Deck 11.12.13; Broken Walkway lowerleft.

The lights on the pool deck for the Allamandas have been out for weeks. Not sure if pumps and heaters are work..

I Got Fined...Now What?

It appears that according to Jade Winds Association Rules & Regulations you can be fined for violations.

Here is a copy of the Rules & Regulation that I have in my possession. However, I am uncertain if this is the latest official rules or not. I am unaware of any other amendments, changes, versions, or revisions to these rules.  If there are any changes or perhaps I am wrong somehow, please post and comment so that I may update as needed.  In fact, please assume I am completely wrong and go verify all this for yourself.  No one can best serve your interest better than yourself.  

With that said, this is what I have gathered and am willing to share thus far: 

"Fines" in JWA Rules and Regulations

The JWARR section, E. Fines, begins with,

"In line with section 718.303 of the Florida Statutes..." and then goes on to state what you see in document above which appears to be from the statute cited.  

But let's see what would also be in line with FS718.303:
Click Here for Link to FS718.303

The JWARR failed to include the whole of FS718.303, but particularly and probably most importantly, in regards to this matter, is what is written on page 2 of 2 below, paragraph (b) where it states the following:

(b) A fine or suspension may not be imposed unless the association first provides at least 14 days’ written notice and an opportunity for a hearing to the unit owner and, if applicable, its occupant, licensee, or invitee. The hearing must be held before a committee of other unit owners who are neither board members nor persons residing in a board member’s household. If the committee does not agree, the fine or suspension may not be imposed. 

Florida Statue governing imposition of fines by condo associations.

Again: 

(b) A fine or suspension MAY NOT be imposed UNLESS the association FIRST provides at least 14 days’ written notice and an opportunity for a HEARING to the unit owner and, if applicable, its occupant, licensee, or invitee. The hearing MUST be held before a COMMITTEE of other unit owners who are neither board members nor persons residing in a board member’s household. If the committee does not agree, the FINE or suspension MAY NOT be imposed.   

So ask yourself, "Is this Association keeping in line with FS718.303?"

I think not.  What says you? 

The JWARR must be revisited and revised to best serve the interest of us, the unit owners. We are the members of this association that the board and management have a fiduciary duty to serve and manage.

Now what? 

Condo Education Class #1: OFFICIAL RECORDS

FS718.111(12)  OFFICIAL RECORDS (New July 1, 2013)

This post covers and outlines the most recent legislation  governing condominiums and the record keeping of it's official records.   I highlighted those sections, which stand out to me, for emphasis.  Please read and learn as much as you can.     
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(12) OFFICIAL RECORDS.—

(a) From the inception of the association, the association shall maintain each of the following items, if applicable, which constitutes the official records of the association:

1. A copy of the plans, permits, warranties, and other items provided by the developer pursuant to s. 718.301(4).

2. A photocopy of the recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration.

3. A photocopy of the recorded bylaws of the association and each amendment to the bylaws.

4. A certified copy of the articles of incorporation of the association, or other

Unit Owners and Residents Protest against the Board, Management, and Contract Services

In recent past weeks, unit owners and residents have gathered to voice their opinions on what many feel have been unfair and unjust practices by our Board of Directors, management, and contract services.  

Some of the concerns and issues of these unit owners and residents include the excessive parking fees, lack of communication and transparency by the Board of Directors.  To compound the problem, poor services and bad attitudes from contract services (chiefly management, security, and maintenance), and the questionable use of our association funds have driven unit owners and residents to finally take a stand.   

In short, people are NOT happy at the Jade Winds.   

Here is what one resident had to say:

Disabled resident speaks truth to power.

Local Spanish media coverage of the protest at Jade Winds: 

Shortly after these events on or about December 18th,  I received this letter (below) via USPS, dated December 13, along with two more copies of the same dated December 10 and 12 respectively, each mailed out in its own metered-envelope at a cost of $0.46 postage each plus envelope and printing costs. Please read it below.

WOW!! The nerve of some people on this BOD and management. The irony here is amazing.  This association, in response to the cries of the unit owners and residents, sends me (and perhaps others) three letters, two pages each, on my dime, signed by an unknown person, without any clear authority and/or capacity to do so, threatening me with what appears to be fines (totaling up to $600 -if I read it correctly) and further legal action arbitrarily based on false claims and allegations which have no merit and basis nor provide me with the opportunity to defend against it.  This is incredible and laughable at best; harassment and tyrannical at worst. It is indicative of one of the major flaws and problems here at the Jade Winds--poor management and communication.

If you received this letter please let it be known with your comments.   

(DISCLAIMER: This is NOT legal advice nor is it intended to be.  This is what I think for myself in response to these letters that I received.)  
On the surface, the letter appears to be a fraud and without merit and/or any due process as required by Florida statute and perhaps the by-laws of the association, which ironically, the association does not have any updated, amended copies available for me to inspect, research, and obtain copies of when recently requested, a violation of the Florida Statute 718.111. (The question of the validity of the recently amended by-laws and the required votes to amend the by-laws is another topic to be discussed soon.)   

However, it is up to you to research it and defend against it if you were sent this letter. Do not take this action by our BOD and/or management lightly.  I will fight this to the end and I am willing to work with anybody else who is looking for facts and evidence to protect your name, home, rights, and interests. 

Just keep in mind that this is the same association which did the following to a unit owner not too long ago. Click below to watch NBC News Report:
Woman Loses Condo Over $200 Balcony Assessment

Beware. Proceed with caution.  We have snakes (and pigs) on the plane. 

So what says you with these recent events?Please share your thoughts and constructive criticism please. Together we can find a resolution and have the community we want and deserve.  

The Unofficial Jade Winds Association Info Page

Jade Winds Association Community Information Sheet

Stay Informed, Know Your Rights, and Take Control of your community

I have created this blog to discuss and share ideas about the Jade Winds Association Inc.  I have included links that I believe can and will help us achieve a community where we, the unit owners and residents come first..