BOD MEMBERS PROFIT FROM SALE
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Nancy Black
Oct 7, 2010, 12:14:27 PM10/7/10
to Brynwood Preserve Owners
There is a BOD meeting on Friday
at 4 at Compass Group 3701 Tamiami Tr. Under new business on the agenda,
there will be a discussion regarding the sale of the Brynwood Residents
Association property (12978 Brynwood Way) which closed on August 13, 2010.
Many of you were not aware that
the Association obtained this property on February 11, 2010 through a
foreclosure process. About this same time, we elected a new board of
directors at the annual members meeting.
I have been reviewing the minutes
of the BOD meetings since that time and can find no evidence of any meetings in
which our board made any decisions with regard to listing or selling our
property. In my oppinion, our documents and the statutes require a
quorum of the BOD to conduct business on behalf of the Association. There are
links to these documents on this site. The property was listed with one of
our board members in May. I found no meeting minutes to authorize a
listing.
On July 27, 2010, I
requested disclosure of information and transparency from the property
manager. I was told the closing statement would not be available because it
contained private information.
The buyer of the property had been
a resident of the neighborhood for 2 years as a renter. After closing, he told
his neighbor that he believed 2 board members had acted improperly and
personally profitted from the sale. The neighbor suggested he contact me.
The buyer provided me with every document he received including the closing
statement. He was very upset with the actions of at least 2 of the members
of the BOD. We initiated investigation. My oppinion is that if
the buyer had not shared his documents, it is very likely that no one would have
ever known what had transpired.
The BOD had a meeting
yesterday, apparently for the purpose of disclosing the details of the sale to
all 5 members, the Association attorney and property manager. This is my
understanding of the disclosure:
1 board member collected a
$30,000 commission for the sale of the property.
There was a net check to
Brynwood Preserve Residents Association for $66040. 2 board members split this
check between themselves.
My summary: 2 members of
the BOD received a total of $96000 from the sale of the Association owned
property.
Some owners are going
to suggest removing some board members and then investigating the transaction
with an attorney.
Your comments are
encouraged but personal attacks and flaming statements will not be posted to
this group. Thanks
Rob Novotny
Oct 7, 2010, 12:31:31 PM10/7/10
to brynwood...@googlegroups.com
I believe that two of the board member are real estate agents. Regardless of that, in my opinion, the funds released to the HOA should have stayed with the HOA. This should be investigated.
Rob
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Peggy Goldstein
Oct 7, 2010, 2:05:59 PM10/7/10
to brynwood...@googlegroups.com
Hi, Shouldn't the information regarding this sale be as matter of public record?
From: nov...@gmail.com
To: brynwood...@googlegroups.com
Subject: RE: [Brynwood Preserve] BOD MEMBERS PROFIT FROM SALE
Date: Thu, 7 Oct 2010 12:31:31 -0400
From: nov...@gmail.com
To: brynwood...@googlegroups.com
Subject: RE: [Brynwood Preserve] BOD MEMBERS PROFIT FROM SALE
Date: Thu, 7 Oct 2010 12:31:31 -0400
gunda vitols
Oct 7, 2010, 2:29:58 PM10/7/10
to brynwood...@googlegroups.com
Investigated by the DA, i think. we don't need to pay attorneys.
Sent from my iPhone
Sent from my iPhone
Jose Marquina
Oct 7, 2010, 4:26:15 PM10/7/10
to brynwood...@googlegroups.com
I am amazed of what is happing in our board. We need clarity.
Jose R. Marquina, M.D, F.C.C.PBoard Certified by the ABIM in Internal Medicine
Pulmonary Medicine, Critical Care, and Sleep Medicine
1855 Veterans Park Dr.
Suite # 302
Naples, FL, 34109
Telephone:(239)592-LUNG
Fax:(239)592-6214
From: gunda vitols <gvi...@mindspring.com>
To: "brynwood...@googlegroups.com" <brynwood...@googlegroups.com>
Sent: Thu, October 7, 2010 2:29:58 PM
Subject: Re: [Brynwood Preserve] BOD MEMBERS PROFIT FROM SALE
Suite # 302
Naples, FL, 34109
Telephone:(239)592-LUNG
Fax:(239)592-6214
From: gunda vitols <gvi...@mindspring.com>
To: "brynwood...@googlegroups.com" <brynwood...@googlegroups.com>
Sent: Thu, October 7, 2010 2:29:58 PM
Subject: Re: [Brynwood Preserve] BOD MEMBERS PROFIT FROM SALE
April Radcliffe
Oct 7, 2010, 4:36:21 PM10/7/10
to brynwood...@googlegroups.com, Brynwood Preserve Owners
There definitely needs to be an investigation and possibly restitution of funds. Do we have any attorneys in the neighborhood who could help with this? Is the meeting tomorrow open and should some of us go?
Sent from my iPhone
Sent from my iPhone
--
resident
Oct 7, 2010, 9:09:38 PM10/7/10
to Brynwood Preserve
Your board of directors has been working hard to maintain and improve
our community. Perception is not always reality. This google group
has been up and running since August of 2010 and none of the 5 board
members knew about this google group until yesterday. So all the
information you have been receiving and believing has come from
residents without input from any of the current board members for
validation. After reviewing the last 15 posts in the google group I
would like to hit on a few issues you have had.
Starting with the hiring of the new management company. The decision
to hire a new management firm was initiated by the prior board. This
current board had no ties to Compass Group before the decision was
made to hire Compass Group. In fact 5 professional property managers
were reviewed by the prior board and it was the prior boards opinion
and supported by the current board that Compass Group was the right
choice going forward. If you would like to know more about this
decision please attend the meeting Friday and ask. 3 of the 5 current
board members sat on the prior board so they can offer you detail on
the switch in property management firms. I would also assume Mr.
Novotny or Mr. Steel (the other 2 members of the previous board) will
be in attendance as well and they can offer explanation.
The sale of 12897 Brynwood Way is a hot topic to say the least.
Multiple attorneys have been involved with this issue. Attorney Jason
Mikes from Becker and Poliakoff (Brynwood Preserves legal
representation) will be at the board meeting Friday at 4. The welfare
of BPRA was always priority #1. I would like anyone with questions or
concerns to attend the meeting. It is easy to make assumptions that
an injustice has occurred here. I assure you that every move in
regards to this sale was navigated by a real estate attorney. The
board created a windfall for the community and collected over
$11,106.40 in back HOA dues, attorney fees and interest. We also
collected $1,200 from the buyer in a pre closing occupancy agreement.
That totals over $12,300. If the board had just sat back and let the
banks foreclose we would have received only $2,200.
Your board is very proud the accomplishments we have made in such a
short amount of time. Some of those accomplishments include;
The hiring of Compass Group Property Management and the additional
expertise of our community manager James O'Donnell. James is doing
weekly walk throughs in our community. Compass Group has also set up
a dedicated website for Brynwood Preserve.
The new landscaping firm has done an excellent job. The entrance of
Brynwood has never looked better. They fought through some tough
issues with our grass and now everything is looking better. Other
communities such as Medittera had similar issues with the grass this
summer. This firm offers parallel services from our prior landscaper
but at a significant discount. The board knows how important it is to
keep our assessments in line. The owner of the landscaping company
will be at the meeting Friday. So please visit the meeting and hear
what Rick has to say. If you have any questions tomorrow is the time
to ask. If you have any landscaping questions in reference to what you
can plant, landscaping your mailbox...etc please ask Bill Shirkey he
is in charge of the landscaping/beautification committee. Bill will
be at the meeting and happy to address any question you have.
The gates were removed sanded and painted and reinstalled. They look
great.
The new entry phone has allowed guests easier access to our community.
Brynwood Preserve has had 9 closed sales dating back to January 1st,
2010. Another house is under contract. There are only 2 homes for
sale. Considering that data there is virtually less then a 2 month
supply of inventory in Brynwood Preserve. That is unheard of in this
real estate market.
We have eliminated 4 of the top 7 debts including the top 3 debts in
homeowners dues delinquency. The recovery figure is close to
$25,000. That is also unheard of in this tough economic climate.
Brian Ohlis can comment further on how much time and energy getting
these accounts paid off has taken.
With the help of James O'Donnell we have had our residents clean
roofs, driveways, fix mailboxes and eliminate over half of the
communities outstanding violations. That was due to a lot of hard
work.
This google group has proved 1 very important thing to me. Our
residents do care about this community. It is great to see the
Brynwood residents getting involved. During our board meetings its
not uncommon for 0 residents to show up (no matter what time the
meetings have been held).
I would hope that most of you get a chance to attend the BOD meeting
Friday at 4. This email is not intended to point any fingers at
anyone or any group. It was not intended to shoot holes in any
concerns. I think this google group is a fantastic means of
communication. Its great that residents have a forum for discussion.
I hope you can bring this type of discussion to the board. So the
board can hear your concerns and we can work together to address
them.
I think after Fridays board meeting you will feel much better about
the job your board has done on your behalf. You will also see how
wonderful our property manager Jim O'Donnell is. We could not have
accomplished what we have done without his help, tireless efforts and
expertise. I also hope that you listen to what Attorney Jason Mikes
has to say in reference to the sale of 12978 Brynwood Way. Take to
heart this was a win win situation because of extreme dedication and
expertise of 2 of the board members. I hope you all leave the meeting
with a renewed enthusiasm for our community and become active in
assisting the board help move this community forward.
Regards,
Kevin Aizenshtat
our community. Perception is not always reality. This google group
has been up and running since August of 2010 and none of the 5 board
members knew about this google group until yesterday. So all the
information you have been receiving and believing has come from
residents without input from any of the current board members for
validation. After reviewing the last 15 posts in the google group I
would like to hit on a few issues you have had.
Starting with the hiring of the new management company. The decision
to hire a new management firm was initiated by the prior board. This
current board had no ties to Compass Group before the decision was
made to hire Compass Group. In fact 5 professional property managers
were reviewed by the prior board and it was the prior boards opinion
and supported by the current board that Compass Group was the right
choice going forward. If you would like to know more about this
decision please attend the meeting Friday and ask. 3 of the 5 current
board members sat on the prior board so they can offer you detail on
the switch in property management firms. I would also assume Mr.
Novotny or Mr. Steel (the other 2 members of the previous board) will
be in attendance as well and they can offer explanation.
The sale of 12897 Brynwood Way is a hot topic to say the least.
Multiple attorneys have been involved with this issue. Attorney Jason
Mikes from Becker and Poliakoff (Brynwood Preserves legal
representation) will be at the board meeting Friday at 4. The welfare
of BPRA was always priority #1. I would like anyone with questions or
concerns to attend the meeting. It is easy to make assumptions that
an injustice has occurred here. I assure you that every move in
regards to this sale was navigated by a real estate attorney. The
board created a windfall for the community and collected over
$11,106.40 in back HOA dues, attorney fees and interest. We also
collected $1,200 from the buyer in a pre closing occupancy agreement.
That totals over $12,300. If the board had just sat back and let the
banks foreclose we would have received only $2,200.
Your board is very proud the accomplishments we have made in such a
short amount of time. Some of those accomplishments include;
The hiring of Compass Group Property Management and the additional
expertise of our community manager James O'Donnell. James is doing
weekly walk throughs in our community. Compass Group has also set up
a dedicated website for Brynwood Preserve.
The new landscaping firm has done an excellent job. The entrance of
Brynwood has never looked better. They fought through some tough
issues with our grass and now everything is looking better. Other
communities such as Medittera had similar issues with the grass this
summer. This firm offers parallel services from our prior landscaper
but at a significant discount. The board knows how important it is to
keep our assessments in line. The owner of the landscaping company
will be at the meeting Friday. So please visit the meeting and hear
what Rick has to say. If you have any questions tomorrow is the time
to ask. If you have any landscaping questions in reference to what you
can plant, landscaping your mailbox...etc please ask Bill Shirkey he
is in charge of the landscaping/beautification committee. Bill will
be at the meeting and happy to address any question you have.
The gates were removed sanded and painted and reinstalled. They look
great.
The new entry phone has allowed guests easier access to our community.
Brynwood Preserve has had 9 closed sales dating back to January 1st,
2010. Another house is under contract. There are only 2 homes for
sale. Considering that data there is virtually less then a 2 month
supply of inventory in Brynwood Preserve. That is unheard of in this
real estate market.
We have eliminated 4 of the top 7 debts including the top 3 debts in
homeowners dues delinquency. The recovery figure is close to
$25,000. That is also unheard of in this tough economic climate.
Brian Ohlis can comment further on how much time and energy getting
these accounts paid off has taken.
With the help of James O'Donnell we have had our residents clean
roofs, driveways, fix mailboxes and eliminate over half of the
communities outstanding violations. That was due to a lot of hard
work.
This google group has proved 1 very important thing to me. Our
residents do care about this community. It is great to see the
Brynwood residents getting involved. During our board meetings its
not uncommon for 0 residents to show up (no matter what time the
meetings have been held).
I would hope that most of you get a chance to attend the BOD meeting
Friday at 4. This email is not intended to point any fingers at
anyone or any group. It was not intended to shoot holes in any
concerns. I think this google group is a fantastic means of
communication. Its great that residents have a forum for discussion.
I hope you can bring this type of discussion to the board. So the
board can hear your concerns and we can work together to address
them.
I think after Fridays board meeting you will feel much better about
the job your board has done on your behalf. You will also see how
wonderful our property manager Jim O'Donnell is. We could not have
accomplished what we have done without his help, tireless efforts and
expertise. I also hope that you listen to what Attorney Jason Mikes
has to say in reference to the sale of 12978 Brynwood Way. Take to
heart this was a win win situation because of extreme dedication and
expertise of 2 of the board members. I hope you all leave the meeting
with a renewed enthusiasm for our community and become active in
assisting the board help move this community forward.
Regards,
Kevin Aizenshtat
On Oct 7, 4:36 pm, April Radcliffe <randa...@comcast.net> wrote:
> There definitely needs to be an investigation and possibly restitution of funds. Do we have any attorneys in the neighborhood who could help with this? Is the meeting tomorrow open and should some of us go?
>
> Sent from my iPhone
>
> There definitely needs to be an investigation and possibly restitution of funds. Do we have any attorneys in the neighborhood who could help with this? Is the meeting tomorrow open and should some of us go?
>
> Sent from my iPhone
>
Linda Mlacak
Oct 7, 2010, 7:31:54 PM10/7/10
to brynwood...@googlegroups.com
This is unbelieveable!
--
April Radcliffe
Oct 7, 2010, 8:54:03 PM10/7/10
to brynwood...@googlegroups.com, brynwood...@googlegroups.com
In talking to someone in development he said it should be referred to the economic crimes bureau of the sheriff's department. Has this been done? He Said they would run a preliminary investigation.
Sent from my iPhone
Sent from my iPhone
Lindsey McMahon, Jr
Oct 7, 2010, 9:36:30 PM10/7/10
to brynwood...@googlegroups.com
Any agent taking a 8% ($30,000) commission for representing a buyer in today's enviroment is unbelivable. Commission in today enviroment is 6%, Listing agent 3%, Selling agent 3%. Then taking the $66,000+ balance of the sale for themselves, which was due to Brynwood Preserve HOA, is a serious violation to Real Estate Law. These member of the BOD should be remove immediately and all fund captured an returned, if at all possible.
The meeting is open to all of the Brynwood Preserve home owner and all should attend. This issue will have an impact on all home owneer in Brynwood...
Don Puopolo
Oct 7, 2010, 11:04:08 PM10/7/10
to brynwood...@googlegroups.com
The explanation of the sale of 12897 Brynwood Way is not being fully
disclosed. Please explain how 2 board members made a profit of 96,000 and
what documentation authorized the 2 board members to receive this sum money.
A 8 percent real estate commission equaling 30,000 and a 66,000 dollar fee
which totals the above referenced amount of 96,000. The 66,000 dollar fees
shows payable to Brynwood Preserve Residents Association as the seller of
the property on the closing statement.
The main issue of concern is the above referenced property. Thank you for
all of your efforts for maintaining Brynwood Preserve.
No virus found in this incoming message.
Checked by AVG - www.avg.com
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02:34:00
gunda vitols
Oct 8, 2010, 8:43:08 AM10/8/10
to brynwood...@googlegroups.com
it is also fraud and theft, isn't it?
Rob Novotny
Oct 8, 2010, 9:25:47 AM10/8/10
to brynwood...@googlegroups.com
I think everyone needs to go to the meeting and get the facts rather than speculating. From my understanding, nothing illegal was done. The HOA made more money than they would have if the property had reverted to the bank and two individuals made a profit from a business transaction. So I think you may want to back off of fraud talk.
Rob
gunda vitols
Oct 8, 2010, 10:50:27 AM10/8/10
to brynwood...@googlegroups.com
was the property owned by Brynwood HOA? then how can the proceeds from the sale go to individuals rather than the HOA? am i missing something? please explain
donpu...@comcast.net
Oct 8, 2010, 10:01:21 AM10/8/10
to brynwood...@googlegroups.com
Everyone that can should go to the meeting. The facts will be presented today. This is not speculation. There has been extensive research to support this and it will be shown today
Sent from my Verizon Wireless BlackBerry
From: "Rob Novotny" <nov...@gmail.com>
Sender: brynwood...@googlegroups.com
Date: Fri, 8 Oct 2010 09:25:47 -0400
ReplyTo: brynwood...@googlegroups.com
Subject: RE: [Brynwood Preserve] BOD MEMBERS PROFIT FROM SALE
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