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Another interesting letter from an unhappy Condo Owner

Dear Cyrus,
 
I do appreciate you keeping me up to speed on what's going on at Playa Del Sol. I have in fact received this morning the voting papers for the forthcoming election. Unfortunately, whilst I will return it immediately, it is highly unlikely that I will be in time to vote. 
 
It is essential that, as you correctly state, you create transparency accounting. The majority, and I do not wish to demean their abilities, of the people who live in this building are elderly, retired, slowed down and really do not need to know all the minutae, but what they do need to know is how they save a Dollar. We need an account of every aspect of every Dollar we spend.  We need a building manager who is able to justify his existence and his pay check at the end of the month.  The current Board of Directors are an embarrassment, not only to themselves but to everything that is good in the way of business ethics.  Whereas they state that they wish to create the finest block in the road, they are in fact becoming a laughing stock in the road.  There should be no further expenditure until all of the jobs that are taking place are finished to the satisfaction of all concerned.
 
The pool was retiled badly and inefficiently; the pool furniture was purchased new but was of inferior quality and everybody would agree.  Who gave them the right to waste our money?  We should have the manufacturer or supplier in to discuss the matter in front of all parties, not just the board.  And so it goes on!
 
Yes, you have my vote.
 
Keep up the good work.
 
Kind regards,
 
Alex H. Falk

 

Response of Ms. Juana Moguillansky to Mr. Pohan

From: Juana Moguillansky
To: Richard Pohan
Sent: Wednesday, January 31, 2007 8:41 PM
Subject: Re: your e.mail

 
Mr. Pohan,
I found your e.mail on my computer this evening and I would like to convey to you that I am tired of the dirty games that are being played  at this time of the year in Playa del Sol.  
Let the people make up their minds for what they see, it is a shame what is going on in this building you
do not have to be an expert on construction to see the poor quality of the work that was performed here  (example see pool deck and the unfinished Acropolis) who was the one that designed it?.
You are not on the race so.... please stop sending e.mails with your negative thoughts and let the people decide who they want to vote for.
If you think that the present Board is acting harmoniously you are wrong.  The best thing for the building is to get a COMPLETE NEW BOARD, that will be able to finish the work for once and for all....
Jane Moguillansky 1515
 p.s. If you wish I authorize you to share this e.mail with others.
 

To : Fellow owners of the Playa del Sol

From : Richard Pohan – rpohan@bellsouth.net

Date : January 28, 2007

Several of you have contacted me for my opinion regarding the upcoming Board of Directors election.

As you know, the Board consists of seven members. Howard Leeds, Roger Nusbaum and I, still have another year to go, while four seats have to be filled in February. The three of us are the active workers, and with our business background, running this operation as such. Each of us devotes between five to ten hours a workday on the building especially during the reconstruction and renovation activities. We of course prefer to have a cooperative and harmonious board. Board members don’t always have to agree with each other, as long as disagreements can be resolved in a friendly, business and civilized way. We are always open to any recommendations, suggestions and constructive criticisms from anybody.

The following is my opinion of the candidates:

Jack Andrews is the most valuable candidate to us. Jack, is a CPA, licensed in New York State for over 40 years, a semi-retired partner in one of the 100 largest CPA firms in the USA, who spends five months of the year in Fort Lauderdale, and has long before coming on the Board, assisted us in insuring that our activities and books meet the highest financial accounting standards. When not in town, he scrutinizes our finances by having secured direct Internet access to our records, direct contact with our bookkeeper, and when he feels necessary, flies-in at his own expense to review and/or discuss the finances. Jack was appointed to the Board several months ago to replace Vincent Croce who resigned. Jack is now running for the Board, and all three of us, Howard, Roger and I, strongly endorse him. In addition to his professional employment, Jack has volunteered and served on numerous boards in the following positions; Board member and Chairman of the board of the Genesee County Industrial Development Agency; Board member, President and Treasurer of the Genesee Community College Foundation; Board member and Treasurer, Chairman of the finance committee of United Memorial Medical Center ( a hospital located in Batavia, NY); past Board member and Chairman of the Finance Committee of the Mercy Health System of Western New York; past member of the Finance committee of the Eastern Mercy Health System ( a network of hospitals from Portland, Maine to Fort Lauderdale (Holy Cross Hospital)).

Bob King is still working full time as a real estate, condominium law and estate planning attorney. He previously served on the Board of Playa del Sol and is always available to provide the Board with his legal advice and council. We strongly endorse him.

Jack Lamarr is a retired lawyer. He is currently on the Board, and is running for re-election. Although he is not involved in the day to day operation, he reviews and comments on our activities, and when called upon provides all the necessary assistance requested. We endorse him.

The other active Board members are insisting that the fourth person have to be a team player to received their backing. As you can see from the evaluation below, only Bob Valenti meet their criteria. 

Bob Valenti, a retired child psychologist, is not involved with any activities in the building, but supports our actions. He previously served on the Board of Playa del Sol. Although I don’t expect much added value to our activities from him. The other active board members feels that as the fourth candidate, he can provide the much needed harmony and tranquility on the Board.

The ones who don’t meet the “board tranquility and harmony” requirements set by the other board members are:

Gae Sohn is a friend of mine. Very active, vocal but also very controversial. Except myself, nobody on the board can get along with her. This creates a very uncomfortable disharmony on the Board and meetings.

Peter Cavallo knows the mechanics of the building, but is inflexible, uncooperative, unreliable and unpredictable. He does what he wants, which in the past has cost the Association legal, settlement fees and fines. He doesn’t have the support of any of the other Board members.

The one nobody wants:

Cyrus Ardehali who came from nowhere, and without looking into any facts, fabricated false accusations toward the Board, constantly trying to hijack and disrupt Board meetings with fabricated claims. Below a copy of the letter from the Board, dated 01/22 which is self-explanatory. He will only create chaos and havoc if he is elected.

 

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Playa del Sol

A Residential Condominium

The Playa del Sol Association, Inc., 3500 Galt Ocean Drive, Fort Lauderdale, Florida 33308.

954-565-2507 Fax 954-565-7860

To : Owners of the Playa del Sol

From : Board of Directors

Date : January 22, 2007

Subject: Reply to accusations by Cyrus Ardehali

We all received a letter from Mr. Cyrus Ardehali, accusing the Board of Directors of several improprieties. Below are his accusations and the facts.

Accusation #1:

The Board of Directors does not follow the Rules stated in the Articles of the Association.

Facts:

The Rules stated in the Association Articles are our guide. IN RARE CASES, if a deviation is required and allowed by Chapter 718, Florida Statutes - The Condominium Act, we consult our attorneys for their advice to insure that the action taken is legal. All cases are thoroughly recorded.

Accusation #2:

The Board of Directors does not provide transparent accounting for the $2,600,000 special assessment.

Facts:

ALL records of the Association (specifications, bids, invoices, etc. etc.) are available for review by owners in the Condominium office. Mr. Ardehali was again reminded by Mr. Leeds in a January 5, 2007 letter of his rights.

Accusation #3:

Mr. Leeds signed a roofing contract (October 10, 2006) without prior permission from the Condominium Association or Board of Directors approval.

Facts:

Due to severe problems with the roof, on 09/07/05, a moisture test survey was performed by Dynamic Engineering Corporation. They concluded that the waterproofing of the whole roof was compromised, and the insulation was saturated with water, and therefore our roof structure was in NON-compliance with the Florida Building Code Section TAS-126. Plans were made to correct this but less than two weeks later, a major part of the roof was ripped off by hurricane Katrina. Emergency repairs were made; however, hurricane Wilma one month later severely damaged the roof again. Although repairs were made, the damage was so extensive that a consulting engineering firm advised us that a new roof was required. Based on the re-roofing specification written by our consulting engineering company, Swaysland Engineering, three bids were received by August 14, 2006:

  • Pritt’s Roofing   $1,200,000
  • Advance Roofing  $ 947,000
  • Murton Roofing  $ 672,938

Workshop meetings were held in August 2006 at which Board members and owners were allowed to ask questions of the representatives of the companies who submitted bids on the new roof installation. As a result of those meetings, a Special Board Meeting was called on August 15, 2006, during which a motion was made, seconded and unanimously passed by the Board to enter into a new roof installation contract with Murton Roofing as a result of their submitting the lowest bid. Their bid specifications had been reviewed by Swayland Engineering who stated that Murton’s bid met all the specifications contained in the bid proposal request. The roof contract was then sent to the Association’s Construction attorney to review and after receiving approval from the attorney the Contract was signed on November 8, 2006.

Accusation #4:

The Condominium Association mandates that all payments over $35,000 should receive prior approval from the Condominium Association. Contracts and payments are broken into multiple payments of $35,000 in order to avoid notification to the Condominium Association.

Facts:

One has to have a twisted mind to think about such a financial scheme since any person can detect it by looking at the yearly financial statement. Our detailed financial records are open to all owners. Let the accuser who never came to examine our books prove his accusation.

Accusation #5:

Mr. Leeds has changed the architectural integrity and character of the building by replacing the concrete deck with tiles. He has damaged the building by modifying the architectural design.

Facts:

Board and owners discussions to beautify the building, included installing tiles on the decks and modifying or adding planters, has been going on long before Mr. Leeds came on the Board. Several architects were involved, numerous beautification meetings with owners were held and many proposed renderings were displayed in the lobby. Owner’s voted on the subject on June 21, 2005. It passed by 132 for and 62 against. Again, as all know, all details of our building structural integrity restoration and renovation project are available for review in the office.

Board of Directors

Another letter from a condo owner.

Dear Mr. Ardehali,
I am in receipt of your most recent correspondence and read with interest your comments pertaining to the re-election of Mr. Leeds.  As owners of unit 607 I have a few questions pertaining to Playa Del Sol reimbursing owners for window replacement.  We purchased our unit in December 2004.  We wanted to replace our windows but we were told that there was a moratorium on replacement and that it was under review with the Board of Directors.  Therefore we were told that we could not.  In July of 2005  after 7 months of indecision we were finally able to contract Buckley Window to replace all of the windows and doors in the apartment.   Before the windows were installed we experienced hurricane Wilma.  As a result of this storm 95% of the windows in the apartment were blown out.  To say the very least we sustained serious damage to the apartment which we are still repairing (we just completed new window treatment installation).  The building office was well aware of our ongoing repairs and window replacement and at NO TIME was it ever communicated to us that Play Del Sol would be responsible for and pay owners for the window replacement.  My first question is WHY? My second is what steps do I need to make now to get Playa Del Sol to reimburse us as it has other owners?  We have been unhappy with the building since the first time we had a chance to have an extended stay.  We have had nothing but problems with trying to keep our designated & purchased parking space available  to us in the garage.  We have come to fondly refer to this "vacation home" as the "money pit" between the windows, & the hurricane the constant assessments we have done nothing but write checks since we took ownership.   We purchased this unit as place to go to & relax this has not been the case.  We follow the elections and place our votes based on resumes received.  During one election year we received the most inappropriate mailing it was a drawing with some guy in a dog collar being led around on a leash.  Since this insulting and disgusting mailing we have since looked at all of this infighting in a different light.   I am curious Mr. Ardehali, since the Board is in place to protect our interests what do you plan to do for us?
With interest,
Al & Kim Tabeek
#607

Cyrus Ardehali's  Response to the above letter.

Thank you for your e-mail.
I am sorry to hear that you have been given a run around. Many of owners of Playa Del Sol have had experienced similar luck of services and have paid heavy maintenance fees and assessments. I did the same and thought the Board of Directors were on our side.
My attention was focused when one of the owners was complaining about the Board of Directors and was worried that she was within the field of security camera. This was very disturbing. I questioned  why we in our home be worried and frighten. This was the trigger for me to become involved and to investigate what is going on within our home.
1- It appears that the Board of Directors of Playa Del Sol are only a fund raising body with no accountability for how they dispose our money. i.e "A pot of gold". The Board of Directors can not even tell us how much a square foot of tile and brick cost us. They collected $2,600,000 and are still collecting more money this year.
2- In the last Board of Directors it was discovered that, brother in law of girl friend of our President (Mr.Leeds) is suing Playa Del Sol Association for $2,000,000. Surprisingly Mr. Jack Le Marr who is in our Board of Directors is representing this individual. This may be another "Pot of gold".
So if you did not receive any adequate attention, It may be because they are busy doing other PRIORITIES !.
I have made number of communications with copies to all condo owners. I need help from all of condo owners to bring reform to this out of control Board of Directors. People are talking and sending the signed RECALL FORMS I have mailed. The fear of talking in front of the security camera is now gone. We have to repossess our home and our Board of Directors and make it work for us and not against us.

The BABY BOOMERS are retiring and coming to Florida . They are executives and people who created 80% of the innovations and technologies the man kinds is experiencing. They do not accept mediocre work and operation like Playa Del Sol Board of Directors.

You can find what I want to deliver to you in my resume on the Internet. (Please click on the link:  http://www.galtoceandrive.com/index.php?page=resume)

To make the change, I need help from all the owners.

Please participate in the affair of your building , your home.

Please vote and make the change to happen.

Please sign the RECALL FORM and return.

Thank You

Cyrus Ardehali

Owner Unit#1216

Another Condo Owner write:

My problems with this board is that they are not qualified to do what they do - and, they have an arrogance and arguementive response to any and all that have the unmitigated gall to question them.  We have a man who is the president and, to my mind, too nieve and accepting of advice of contractors whose obvious end game is to make a profit.  This same man is our acting manager - he has shown himself to be profoundly incapable of performing those duties.  So - we have a president/manager, clearly inept in both capacities that refuses to hire a qualified manager (he says he is saving us money when in fact he is costing us a great deal).  His "staff" Pohan, etc. do not have the ability to clearly communicate anything.  I felt for a time that this was a subtrafuge, but have concluded they are not bright enough to even do that.  They fail to control our meetings;  they allow arguements to occur; they actually get REALLY ugly when someone has the audacity to demand they tell us "specifically" what they are doing and how this impacts all of us.  Yes, they should be recalled at the soonest possible moment - and they should be the subject of an investigation into how they have handled our cash.

 

Another Interesting Letter

 

And from England

Dear Cyrus,
 
Thank you for keeping me informed about the situation at Playa Del Sol. My own view (which I expressed 3 months ago) is that you allow us to bring in a forensic accountant to check, examine and audit the accounts on our behalf. When there is so much money floating around, in my opinion a vast amount is going missing.
 
My thanks again.
 
Kind regards,
 
Alex H. Falk

 

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