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Speakeasy with Harvey Wasserman
June 27, 2008

I would like to thank all of you who expressed and continue to express your support.

The bottom line is that the board, the association, must follow the law. The Board of Professional and Business Regulation has twice written the association informing them that they are not. They/we/President Palumbo are now facing a third incident.

It appears that sometime over the past decade, the functions of the board have become clouded more and more in secrecy, with less and less transparency, to the point that an owner, and now a Director, demanding the transparency that the law calls for, is shouted down and called names such as devious, liar, and now unethical, divisive and subversive.

Those of you that have gotten to know me a bit over the past year know what I am trying to accomplish, and are not swayed by the name calling, which some of you have experienced first hand.

I count on you all to tell others what we are trying to accomplish. Secrecy and character assassinations are what will undermine our community. Not me.

Thank you all,

Harvey Wasserman
Director
Del Mar Association

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Speakeasy with Harvey Wasserman
June 17, 2008

FYI - this is as much as I know...

Barbara has had 2 meetings with FIGA in the last week. WOW.

I was told that there was a 'luncheon' on Friday (I’m almost positive that it was Friday, forgive me, ‘cause I do get CRS) with both FIGA and Fireline.  Perhaps that begins to explain the Fireline Trailer spotted in the parking lot between A and B bldg. last week.

Today Regis, who works for the state DBPR, attempted to call Pres Palumbo and was told by Ty, that she was in a meeting with FIGA. He passed this information on to me.

So now you guys know as much as I do. (Barbara is not yet comfortable confiding board business with me, but maybe, if ya’ll ask her real nicely, she'’ll tell one of you and you can tell the rest of us.)

Harvey

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Speakeasy with Harvey Wasserman
June 4, 2008

The organization of Del Mar is basically made up of 4 groups:
1.   The owners
2.   The Board of Directors
3.   The Officers of the Board
4.   The President of the Board

On December 21, 1988, a Del Mar Management Manual was approved by the board of Del Mar, signed by the Secretary, and was "presented as an aid to assist in the effective management of the affairs of the Del Mar Association."

The Manual  presents an "Organization & Communications Chart" for Del Mar that clearly places the owners (Association Members) at the top of the power pyramid. Below is the board and below them are the officers. The manual clearly states that the Board of Directors "is accountable to the Association Members", and that the "executive officers ... will serve as subordinates to the board". "The President ... is responsible to the Board of Directors".

The manual was reprinted February 12, 1997 - just 11 years ago. What happened? Has this manual been overturned? "The contents of this manual, along with any future additions, deletions and/or changes ... must be approved by the Board of Directors ... and made a matter of record in the minutes of such meetings."

Where is the resolution to reverse the organizational chart?

Just wondering,
Harvey Wasserman

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Speakeasy with Harvey Wasserman
May 24, 2008

Todays posting is by my loving and supportive wife, Marte McMurry.

Thank you all for your support,
Harvey

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There was a Speakeasy last night.

Why? Because Barbara has refused to schedule a board meeting this month and the condo owners who voted for Harvey Wasserman, were asking questions and deserved answers from their elected board member. This is the reality. There were 78 votes for change and transparency last election, so our new board member kept his promise and tried to keep the community informed. The speakeasy was well attended and lively.

The letter Willard Fitch (G-12) posted on all the bulletin boards and sent to the board was discussed. Willard's right to express his opinion was completely supported by those in attendance. Here is a link to that letter:

http://www.eclipsme.com/del-mar/images/FitchLetter.pdf

Outrage was expressed that this letter is also posted on the "Association Business Only" bulletin board outside the office. By this action, the Board is clearly sanctioning a letter which defames and attacks another board member. Their action is reprehensible! If Del Mar is being divided, then the fault rests squarely on the shoulders of a Board that follows Barbara Polumbo's lead of innuendo and slime. It's time we demand this kind behavior to stop! Del Mar owners should be angry and disgusted with every board member that allowed this letter to be posted and to remain posted. Harvey is trashed by the board, yet again. It's time to look a little harder and see where the personal animosity and the personal attacks have been coming from. It is highly encouraged to contact board members and express your displeasure.

Most at the meeting was concerned with the FIGA suit.

Barbara continues to block any attempt to provide Harvey with documents regarding FIGA (and anything else for that matter) that he legally requested and as a Director are required to do his job. Harvey states he has reached out to Siro, Carol, and Cosmo in letters and conversations asking for advice and help with this situation.

What we know is that the FIGA claim must be settled by June 2nd or a lawsuit must be filed to keep our claim open. Harvey has inquired about the lawsuit and Barbara confirmed there was one and that it had been filed in Indian River County. She however refused to let him see it. As of Friday 22nd, there appears to have been no suit filed in Indian River County for Del Mar. Barbara appears to have lied about the lawsuit and we have to ask ourselves WHY? Better yet, let's ask the other members of the board. Tell them you don't support Barbara's rude and unprofessional demeanor and that you do support Harvey's access to information he needs to fulfill his duties.

However, thruout the discussion, Harvey repeatedly expressed his confidence that both Mr Doty and Barbara will cover the legal bases necessary to keep our claim alive, even without being provided any evidence.

Marte G-11

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Speak-easy with Harvey Wasserman
5/20/2008

We have a problem. Actually 2 of them.

The statute of limitations for all hurricane claims expires at the end of this month. As of June 2nd, any claim that is not settled, or that does not have a lawsuit filed, will be "barred as a claim". Suing FIGA becomes the only option to keep our claim open.

What does this mean for Del Mar?

According to President Palumbo, we are currently in binding arbitration with FIGA. At some point the judge in this case *will* make a ruling, but will this ruling arrive before the statute of limitations runs out at the end of this month?

The question I have been asking our president since before taking office is, "If there is no ruling before June 2, 2008, is Del Mar ready to go forward with suing FIGA?" If we are not prepared, Del Mar will loose – big.

President Palumbo assured me that the lawsuit was "being written as we speak".

On Tuesday, May 13, 2008, she said that the lawsuit had been filed in Indian River County.

On Wednesday, I asked to see a copy of the lawsuit. I consider inspecting this document to be part of my duty to perform due diligence as a member of the board at Del Mar.

President Palumbo refused my request. She claimed that the lawsuit is "work product" between herself and our lawyer and is thus privileged communication and not available to me.

I confirmed with her again that the lawsuit had been filed.

Filed lawsuits are a matter of public record. I have made several visits to the courthouse, the latest being yesterday, Monday May 19, 2008. As of that date, there is no record of anything being filed by Del Mar against FIGA in Indian River County.

I then spoke with President Palumbo again. The story has changed. She now states that it is not a law suit, but a ‘stipulation’. Either way, there is nothing filed, and it is unclear that a ‘stipulation’ retains the same legal rights that a law suit would.

As an owner it has been impossible to review board decisions, or to look at association expenses, or to request and receive documents in a timely manner. But now, even a director is denied the right to review and verify.

We can only hope. And trust.

And that is another problem.

Sincerely,
Harvey Wasserman

Note: After my meeting with President Palumbo, it came to my attention that the lock to the office had been changed. President Palumbo failed to offer me a new key during our meeting. I had to go back and ask her for it.

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Speak-easy with Harvey Wasserman
5/8/2008

Barbara is not planning on having a board meeting this month. She gave me 3 reasons why not:

1. There is nothing going on.
2. Some of the board members have said that they are tired and want to be left alone for a while.
3. Peter is out of town so we won't have a quorum.

Peter says he will be out of town for 4 or 5 days at the end of the month.

I have expressed my concerns to Barbara that we are embarking on a similar schedule to last year when we had a board meeting in May, then not until November, and then we skipped December.

And this just when our FIGA claim is coming to a head.

Sincerely,
Harvey Wasserman

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Speak-easy with Harvey Wasserman
5/2/2008

Division of Land Sales,
Condominiums and Mobile Homes
Bureau of Compliance
400 West Robinson Street
Suite N908
Orlando, Florida 32801· 1736
Phone: 850.488.1122· Fax: 407.317.7230
Charlie Crist, Governor

May 2, 2008

Ms. Barbara Palumbo
President, Del Mar Condo Association
5400 N. A1A B-28
Vero Beach, FL 32958

Re: Del Mar Condominium Association

Case No. 2008002407

Dear Ms. Palumbo:

As stated in our phone conversation I am investigating a complaint by Mr. Wasserman and his unfulfilled request for records. As per our discussion I am sending you his formal written "Request for Documents" letter, dated 12 August 2007, in which he enumerates three separate and specific sets of documents being requested. Enclosed also is a copy of his Certified Mail receipt showing proof of delivery, to you as president of the association.

Florida Statute 718.111 (12) (b) & (c) is clear regarding owner access to records:

(b) The official records of the association shall be maintained within the state. The records of the association shall be made available to a unit owner within 5 working days after receipt of written request by the board or its designee. This paragraph may be complied with by having a copy of the official records of the association available for inspection or copying on the condominium property or association property.

(c) The official records of the association are open to inspection by any association member or the authorized representative of such member at all reasonable times. The right to inspect the records includes the right to make or obtain copies, at the reasonable expense, if any, of the association member. The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying. The failure of an association to provide the records within 10 working days after receipt of a written request shall create a rebuttable presumption that the association willfully failed to comply with this paragraph.

This investigation is still open and a final report will be forthcoming. Yet it is unequivocally clear that Mr. Wasserman should be given immediate access to the records he is requesting. The Association is already 8 months past the period allotted to provide the records.

If you have any questions please contact me at 407.317.7239 or my email address regis.devenanzio@dbpr.state.fl.us. Thank you for the opportunity to be of service.

Sincerely,
Regis E. De Venanzio
Investigator Bureau of Compliance

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Speak-easy with Harvey Wasserman
4/30/2008

Hello all,

Yes, the Department of Business and Professional Regulation has a sense of humor.

Today is Wed., April 30th. It is 1 day before I am to become a board member at Del Mar.

This afternoon I received a phone call from the Department of Business and Professional Regulation regarding a request for documents that I had filed way back in August! The Department is so backlogged with cases that they just got to mine, on the day before I am to become a board member!

So, what to do? My first thought was to cancel the complaint. As a board member, I am told, I can access anything I want, with certain exceptions as provided in law. Therefor, I have no need of the complaint, and should withdraw it.

This was my first thought.

But the complaint isn't really about me. The complaint, along with the previous complaint, and the requests for documents, are to finally get the Association, the Board, our President, to obey the law; to allow owners access to their documents; to be Transparent, to be Honest, to be Respectful.

These are the reasons that I ran for the board. These are the reasons that you elected me to the board. And these are the reasons that I have decided to allow the complaint to go forward. I am not fighting for my right to view these documents, but for all of our rights to view them.

Sincerely.
Harvey Wasserman

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Speak-easy with Harvey Wasserman
4/10/2008

It is with great pleasure that I can announce that due to a generous and anonymous donation, I have been able to purchase a new domain name for the website, and to prepay for 3 years! Soon, Del Mar will have it's own comprehensive web site. Watch for it at http://www.verodelmar.com.

I will be including a community calendar listing social events like BYOBs, board meetings and other important dates. The social committee will have it's own page where upcoming events can be advertised , and hopefully pictures of past events. I will also publish the 'Vine' (formerly the Grapevine) online.

There will be links to agendas and minutes of board meetings, and perhaps audio as well.

Additionally, I would like to provide a page listing sales and rentals of owner's units, along with directions to Del Mar, a local business directory and additional links to emergency services, hospitals, etc.

Our Yahoo group will also be changing to one that I will maintain and that will be much easier to sign up for. You will not need a Yahoo account for this - simply an email address and a password. More about that soon!

It is my hope that this website will prove of benefit to the entire community, providing contact and information for those who are not able to be here as well as for those that are, while also continuing to provide a forum for the sharing of ideas, thoughts and opinions.

What remains to be seen is how much content will be devoted to board members. I will be offering each of them a page which I will update as often as they like, with whatever content they provide. We shall see how many decide to make use of this service - hopefully all of them!

Depending on what happens with the above, my blog, currently at http://www.eclipsme.com/del-mar will either stay where it is or migrate to the new site.

I am excited that this is something that I am able to offer the community, and I am grateful to those who have been supportive, and hopeful that I can change the minds of the rest of you.

Sincerely,

Harvey Wasserman

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Speak-easy with Harvey Wasserman
4/09/2008

As a soon-to-be board member, I strongly object to the possibility of having my name attached to actions by the president that has not been brought to a vote by the full board. Even more so, I object to actions brought in my name that I have never even been informed of.

The issue of directors shirking their responsibilities by not insisting on votes, and of the president not informing the directors of his/her actions is a very, very serious issue to me.

As an owner, I am shocked that our board is acting so complacent.

I have been thinking of this issue ever since the last board meeting when George attempted to point out that not all correspondence was being shared with the entire board. He specifically brought up the letter from Mr. Doty to Mr. DeFilici.

I am not defending the actions of the DeMarcos, or of Mr. DeFelici, though there does appear that to be some mediating circumstances to the situation.
 
I decided to go back and re listen to the last board meeting.

After Barbara read the letter to the owners, Mr. DeFilici begins to bring the point home.

"How can you have a letter saying the Del Mar board and the directors when you did not notify all the directors?" Mr. DeFilici is asking.

Mr. Doty's letter to Mr. DeFilici, (see attachment) repeatedly and specifically references, and uses as justification, "Del Mar's officers and directors”. It appears that a number of “Del Mar's officers and directors" were unaware of this situation. Barbara admits as much in the recording.

The Florida Condominium Ombudsman's office states that any action taken by the president, by implication, has all of the board's names on it, whether or not there is a vote.

This issue goes a step further than just implying consent by not voting. How can a board member vote, if the president does not even inform those board members of what s/he is doing?

Comments?

Sincerely,

Harvey Wasserman

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Speak-easy with Harvey Wasserman
4/08/2008

A reminder... There is a board meeting this Thursday, April 10, 2008 at 10:00 AM in the clubhouse.

The primary (only?) agenda item will be the budget for the new fiscal year beginning May 1, 2008. This will most likely be the last board meeting before the new fiscal year, at which point Julie and I will take office.

I believe that there will be some objections and discussions about the budget. As part of this discussion, the renewal and price of the new Budco contract may also be raised.

Also, it appears that the DeMarco eviction may also be discussed, or at least brought up.

These are emotional times at Del Mar, and these are emotional issues. I was elected to the board by running under a clear, 3 plank program: Transparency, Honesty and Respect.

It is my sincere hope that all comments and questions can be expressed with respect for all sides, and that clear and open answers will be forth coming from our board. I believe that being told to 'sit down' is an inappropriate use of power, and that name calling by owners (or board members) is equally inappropriate.

We are friends and neighbors. Let us each give eachother the respect that we would want others to give to us.

Sincerely,

Harvey Wasserman

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Speak-easy with Harvey Wasserman
4/05/2008

Joe and Linda DeMarco are apparently facing eviction proceedings. This came up during the last board meeting, where it was revealed that legal proceedings had been initiated by Barbara without knowledge or a vote by the full board.

Mr. DeMarco has requested that I post this letter for him which he has addressed to the board members of Del Mar. This is a statement by Mr. DeMarco, and as such represents his opinions only, which are not necessarily shared by myself. I have no personal knowledge of the circumstances surrounding these actions.

I strongly believe in any owner's right to express their opinion, but unfortunately avenues for this can be limited, and it can be especially difficult when an owner has an opinion at variance with the board.

I have therefore agreed to post this letter, again with the understanding that the opinions expressed are those solely of Mr. DeMarco.

In the interest of openness and fairness, I shall also post any other opinions or rebuttals that are sent to me. The contact form may be used for this purpose.

Please keep in mind that this not the official web site of the Del Mar Association.

Thank you,

Harvey Wasserman

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Speak-easy with Harvey Wasserman
4/02/2008

There seems to be solid support in the community for a web site. I have received an anonymous donation to purchase a domain name (www.somename.com), and more and more owners are visiting this page as well. Owners are hungry for information about their association!

I am actively working on the new web site and would like to hear any and all suggestions and ideas - what do you want on a Del Mar web site? Send me a message here with your ideas.

Some of the ideas I am working on, all subject to change, based on your comments:

• A monthly community calendar, showing social events, board meetings, other dates of interest. Board meetings will link to agendas and minutes. Social events will link to flyers and more information.
• Agendas and minutes. A separate page will be devoted to easily accessing the agendas, minutes and recordings of board meetings.
• Sales and Rentals. A page for owners to list their units that are for sale or for rent.
• Directions. So visitors can find where we are.
• Business directory - a listing of local businesses, possibly doctors/hospitals, and other establishments that might be useful for our owners and visitors. Certainly a listing of emergency numbers.
• A contact page, for contacting the office, or if you want to contact a specific director.
• I would also like to have a separate page for each director, where they can communicate their own ideas to you. I am not sure how many directors will support that, though, or who will contribute.
• I think it would be fun to have a photo gallery of social activities. I wonder if there are any budding photographers out their?

Do you have your own ideas? Things I have left out? Please let me know. Contact me!

Oh... and don't forget the board meeting on April 10th. The current board will be voting on the budget. I am still rankled by the increase apparently budgeted for Budco. With 21% of our total budget going to the management contract, to be fiscally responsible to the owners means to me getting competitive bids, and careful evaluation. Are we getting the best value for the money?

I would also like to begin formulating the financial plan I have written about. Do to this effectively, I need your help. I would like to begin to develop a comprehensive list of all maintenance/repair items that need to be done. This will be an on-going project, but as this list develops, a parallel spending plan will evolve. It is time we had a plan, and I hope to begin developing one, and that I will be able to convince the rest of the board of its value.

Again, please contact me with items that you are aware of, big or small, that should be a part of this plan.

Sincerely,

Harvey Wasserman

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Speak-easy with Harvey Wasserman
3/18/2008

Random, or not so random thoughts...

Communication - I have begun work on a new web site for Del Mar. My vision is to create something that owners can access to get minutes of board meetings, a calendar of upcoming events, and to ask questions and share ideas and concerns. It will be in a different format than this site, and the 'discussion' group will (hopefully) be easier to access. Perhaps we can have classes in the clubhouse on how to use the site. I'd also love to have internet access in the clubhouse so those without computers can join in as well. I already have an owner willing to donate a computer to the cause!

There was supposed to be a board meeting Thursday (3/20) but I just got a message from Barbara letting me know that she has postponed it until April 10. I know the board has been working on the new budget, but has not voted on it yet. The meeting that was scheduled for this Thursday was not noticed far enough in advance to be able to vote on the budget. By scheduling it next month, Barbara will be able to notice it far enough in advance to satisfy the law.

But it seems to me unfortunate that this week's meeting has been canceled completely. We have had few enough board meetings this past year, and there is much to discuss. Chances are that the April 10 meeting will be the last before the new board, including Julie and myself, but without Jim Captain and George Brooks, takes effect.

Also, this will probably be the last opportunity to pass a budget before the end of the fiscal year, though there would be just enough time to be able to notice one more meeting before the end of April, if President Palumbo so desires.

Then there is the question of our management company, Budco. Their 3 year contract expires April 30, along with the current budget. I have heard little to no discussion of their contract, except from George Brooks.

Last year, we paid Budco $193,625. The last proposed budget that I have seen, shows that being upped to $214,000, a difference of $20,375 - or close to an 11% increase!

With an overall budget of $1,042,200, Budco would now represent 21% of the total new budget for Del Mar, vs 18% for last year, according to the numbers supplied by our treasurer, Peter Bagrationoff.

The question needs to be asked - Are we getting the best value we can for this money?

I don't know the answer to this question, but I know that one more board meeting is not enough time to answer it either. Is anybody other than Mr. Brooks looking at this? Is anybody else getting quotes from other companies? Is anybody else concerned?

Canceling this week's board meeting eliminates an important opportunity to discuss this contract. The Budco contract must be voted on by the full board, or it will be invalid. To date there has been no public discussion or examination of alternatives.

How do you feel about this issue?

The office phone number is 772 231-1616.

Harvey Wasserman
Director-elect
Del Mar Association

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Speak-easy with Harvey Wasserman
3/06/2008

Hi all, For those who have not heard, I was elected to the board yesterday.

The votes for the top 3 were:

• Peter 117
• Julie 96
• Me 78

45 ballots were ruled void, with 4 reasons given;

• Outside envelope not signed
• Ballot not in inside envelope
• Did not mark the ballot
• Ballot not submitted by the designated voter

This is a substantial number and indicates to me that more extensive education of the voting process is needed next year.

The reorganization meeting to elect officers was held directly after the board meeting with the following results:

• President Barbara 8-1
• Vice President Jack 9-0
• Treasurer Peter 9-0
• Secretary Julie 9-0

I put my name in for President, but the nomination did not receive a 2nd, and thus failed.

As the new members of the board, Julie and I have been invited to sit at the board table during meetings, though of course without vote, to help us become acclimated. We will take office May 1, 2008.

The votes were also tallied for the assessment with 142 voting for and 35 against. The temporary $40 -$50 monthly payments will end with the final payment in April. However, it appears that our regular monthly assessments will be going up.

The next board meeting is scheduled for March 20.

I would like to thank all those who have supported me and what I am trying to accomplish for Del Mar. There is an uphill road ahead and I hope that I will continue to enjoy your support. I promise to continue doing what I have done all along; provide you with information, provide you with a forum to present your opinions, listen to your ideas/suggestions, and to work for transparency, communication and respect in all matters concerning the board.

We have accomplished a major goal, and should be congratulated. There is much to be done, and I can not succeed without your help. I hope each of you will now give some thought about our goals and strategy going forward, and will share these ideas with me. I look forward to hearing from all of you.

Sincerely,

Harvey Wasserman
Director-elect
Del Mar Association

Yay!

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Speak-easy with Harvey Wasserman
2/22/2008

Last night was candidate's night at Del Mar. 6 people running for 3 positions, including 2 incumbents. Here is my speech:

Hello friends and fellow owners. My name is Harvey Wasserman, and I am very happy to be here this evening as a candidate for our Board of Directors. My management style and my campaign platform are really quite simple:

1. I believe in two-way communication between a board and its residents;
2. I believe in management openness and transparency;
3. I believe in a board being respectful of it resident’s ideas and opinions, and of residents being respectful of their board, who are, after all, neighbors, fellow owners and volunteers.

In a nutshell, I would like to foster a relationship between our board of directors and our owners that is a two-way street . . . with open communication, an open management style, and mutual respect among all of us.

My general background and qualifications for the Board are that I have owned and operated various businesses over the past 30 years; and, though it seems like it was only yesterday, I earned my Masters Degree about that long ago, too, back in 1980.

I sincerely believe that I have the requisite qualifications, the business and life-experience, and the maturity to be a good and productive board member. I commit to you right now that I will do my best.

My work experience encompasses considerable time in the construction trades, which I think will be beneficial to our community; and I currently own and run a company called “OnSite Technology”, which provides computer software consulting services, computer hardware repair services, and network-enhancement and Internet web-site services here in Indian River County, where my wife and I reside all the year ‘round.

I believe that our board members should be year-round residents. While I admire those who try, it is difficult for someone who lives here a mere 3 or 4 months a year to stay on top of things. I have been a full time Indian River County resident for 19 years. I sleep in Sebastian, just 15 minutes away.

Now, as I said, my campaign platform is really quite simple:

1. I stand for Communication – I stand for a Board that communicates regularly with our owners through regularly scheduled board meetings, newsletters, and workshops. I stand for a Board that respectfully considers its residents’ suggestions.

   I offer to set up and maintain a Del Mar Internet web site on which we will post meeting agendas, Del Mar financial reports, audio recordings of meetings, and other relevant community information. The web site I envision will also provide owners the ability to communicate with one another on Del Mar subjects.
   
   I offer to create and maintain this web site whether or not you elect me to the board.
   
   I also propose to configure and set up a computer for the Clubhouse where owners can go to check the web site and to listen to actual past board meetings they may have missed, or look at the schedule of upcoming meetings, social events, and the like.

2. Point two – I stand for Transparency – I stand for a board that is totally open and transparent in its actions. The process of running this multi-million dollar community should be open to all our owners. In fact, Florida law provides all condominium owners the basic right to access and review all of their association’s documents. After all they are the association’s documents, our documents. We must follow the law; and, where we are unsure of the law, we must actively seek to learn what it is.

   I stand for learning how to run a condo association correctly. I know that there are many free classes available on how to run condominium associations. I believe that all of our board members should pledge to attend one of these classes in the first 3 months of holding office. This would help to get them up-to-speed on what is required and provide them ideas and direction.  If you elect me as a Board Member, I promise to attend such classes and seminars aimed at condominium board members, and to encourage other board members to do the same. In fact, I have attended a few seminars before, and I found them helpful and informative.

3. My Third Platform Plank is Respect – I stand for a Board that treats all of our fellow owners with respect, regardless of an owner’s perspective or opinion. A community is just that, a community of friends and neighbors. Our community members, including our board, should be respectful of one another and of our on-site managers and employees.

Now, beyond my qualifications and my platform, I want to take just a minute or two more to lay out what I believe our Board must do operationally . . . what I promise to do to the best of my abilities for you, for all of us, if you elect me to our Board:

1. We must develop a Comprehensive Financial Plan – I believe we must very soon formulate a comprehensive financial plan for our community. Look, we all plan for our families, we plan for our first houses, we plan ahead for college for our children, and we planned for our retirement. It’s a natural thing we all do as adults, and we need also to plan for the future of our Del Mar community.

   If we had had a financial and rebuilding plan in-place previously, I suggest we might have been able to avoid the sudden full-court press to assess that we are now facing. If, by planning ahead, we had calculated the need months ago for a special assessment, or, even better, if we had positioned our association to avoid an assessment, we would be better off today.

   A comprehensive plan will make us more efficient, which will save us money that would otherwise be wasted. A comprehensive plan will show us what needs to be accomplished immediately and what can wait. Such a plan would help unify our community.

2. We must reach out to others in our community – I will prevail upon the Board to reach out to others within our Del Mar community and elsewhere who have expertise and ideas and the experience we need to formulate and to operate a plan for Del Mar. All of us here possess our own lifetime of experiences. Let’s work to create an environment that fosters creative, participatory thinking, and an environment that is inclusive of each other’s ideas.


3. And finally, we must Codify our Policies and Procedures - I believe that our board should develop a formal policies and procedures manual and standardize what should be our normal day-to-day operations. We need to allow our front office to be organized and following standard procedures and not having to respond to each and every individual owner or Board member in a state of frantic confusion. We must create the environment in which our management company can manage our operations professionally and pro-actively, rather than reactively.

By enabling the management company to fulfill day-to-day operating responsibilities, this formal structure will free current and future board members from having to put out so many day-to-day fires; future boards and board members will have this guide, and they will have to reinvent fewer wheels.

Well . . . my friends and neighbors . . . these are my thoughts . . . a few of my ideas. I am eager to serve on your Board, and I look forward to working with you . . . to working for you . . . and I look forward to doing my utmost to protect your interests.

I thank you very much.
Harvey Wasserman

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2/14/2008

Happy Valentine's Day!

I have not been able to keep this blog up recently as we were out of the country for 10 days, and upon our return found that Marte's dad had entered hospice. So after just one night home, we were off to Atlanta. He is back home now, but it is only a matter of time. I am sure I will be traveling north again soon. Thank you to all those expressing their concern.

As you all know, we have a new assessment being voted on. I gave a presentation to the board before we left with some new proposals. Siro also came up with a new proposal. I am thrilled to see a dialogue evolving, with new ideas being considered.

The assessment is basically Siro's plan. Unfortunately, it appears that in her rush to assess, Barbara failed to follow some of the niceties of the law. Special assessment meetings are required to be noticed 14 days in advance, not just 48 hours like normal meetings. Also, it is very unfortunate that she felt a threat was needed to get this passed.

The fact is that the board can not "substantially increase the monthly maintenance" fee without member approval, as she states in the letter. The board can increase monthly fees by 15% (or 115% of the previous year) without our approval. If it goes over that, the owners have the right to call a new budget meeting in which we can pass our own budget. This law can be viewed here. Scroll down to (e)  Budget meeting.--, and see paragraph 2.a.

I understand that the election packets have been mailed out. I have not received mine yet, but it sounds like there are some strong candidates this time. It is not enough to "want a nicer Del Mar," as Barbara said at a recent board meeting. We must have people with the experience to plan for it, and then to actualize the plan. We must have people willing to speak out for what they feel is best for Del Mar. Only through dialogue can the best solutions be found.

Let me know what you think. You can use the contact form found here.

Harvey Wasserman

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1/19/2008

Wow! Things have begun to liven up around here.

After having just 1 board meeting in 8 months, President Palumbo held a workshop last Tuesday, a board meeting Thursday, and is planning another workshop next Tuesday. The interesting thing to me is that after stating last year that she was adamantly opposed to a new assessment, she is now saying that either we (the owners) vote for an assessment or else our monthly maintenance fees will double, or more, "but that is not a threat", Barbara says.

Threat or not, she, along with enough of the board to carry it, seems to be committed to paying off our loans as quickly as possible, and thus to another assessment.

There are now 2 proposals on the table. George presented one at the workshop, and Pat presented another at the board meeting. Both call for assessments to pay off our 2 loans - one to Schwab which keeps us from using all of our reserves, and the other is our line of credit. We are all paying a separate monthly fee to cover the interest on these loans, but the authorization for that runs out in April. Also, the loans are close to coming due - thus the sense of urgency to do *something*.

The chief difference in the 2 plans as far as I can see, is George's plan assesses just enough to pay off the loans whereas Pat's plan assesses an extra $1400 each (more or less), thus paying off the loans and leaving a couple hundred thousand in our bank account. Also, Pat's plan calls for 3 payments, vs. 2 for George, making it somewhat easier on us.

So, the kicker is that Barbara lets on that "big" things are happening with our FIGA claim, which is all I will say about that on a public forum (this is also posted at eclipsme.com). However, more should be known in a couple of weeks. "Would the assessments be refunded if we got FIGA money?" somebody asked. "No," came the reply. The money will be used to make Del Mar nicer than it was before.

Well, creds to Pat for standing up and saying that nothing should be done until the status of FIGA becomes clearer. He went further to suggest that there should be a plan on how to spend the money before assessing.

Now, I hate paying interest as much as anybody, but it seems to me that this whole "rush to assess" is self-imposed. I mean, just because the loans are coming due really means nothing. They have both been rolled over before - multiple times. They can be rolled over again. We should not let the banks set our timetable for us. It is time to stop being reactive to external events and pressures and be proactive instead.

Let's take a breath and pause for just a moment, shall we?

What if we rolled over the loans (yet) again? As an Owner of a "B" plan, these loans cost me $50/month. Let’s extend that payment for 3 months - and only 3 months. That buys us some time, doesn't it? And at a cost of $150, I think it is well worth it! Now we can all take a breath and look at our options and come up with the best plan we can.

I propose that first, we do nothing. Correct. Do nothing until we know where we stand with FIGA, or at least until the “big doings” solidify into a reality or vaporize into dreamland. This should happen within a couple of weeks, apparently. However, if further legal steps are required, as discussed at the board meeting, we need to get a new lawyer fully conversant with the laws involved, and that has trial experience working with FIGA!

One of three things will happen;

1. It will be clear that FIGA won't be paying anytime soon.
2. It will be clear that FIGA will be paying very soon.
3. The legal system will continue to grind ever so slowly, and it will remain unclear when or if FIGA will ever pay.

Of course #2 is what we are all hoping for, but the odds are against it, I believe, but we certainly wish Barbara luck with this. As far as our planning goes, let's assume worst case, see where that goes. Then, if something good happens we can celebrate and redo the plan.

So, we want to pay off the loans, either through FIGA or through assessments or through both. Any way this comes down, the board will get a sizable bit of change. Our reserves will be totally freed up, and there is the possibility of extra money in the kitty. Cool!

But how will this money get spent? As for the reserves, will the painting reserve be used to paint the next 3 buildings? When? Will the Road fund be used to pave the roads and parking lots? When? If, as was discussed, we divert the $100k+ from the roof fund (we have new roofs, so this amount is not required) what will it be used for? And if we adopt Pat's plan, where will the extra cash be used?

We need to see a full plan - not just how are we going to get the money, but what will it be spent on, and when. Every resident here should have a reasonable expectation of when work is scheduled to be done. There has been too little accountability up to now.

For instance, in our current year-end financial report, under "Recreation Facilities", there is a line item of $21 for "Shuffleboard Equip/Supplies", yet an entry of $1.2 million for "Hurricane Expenses" has no breakdown at all!

We need the *full* plan.

To recap:

1. Extend the special assessment for 3 months, subject to having the financial plan discussed below. Also, approve one of the assessment plans to go into effect automatically if FIGA money is not received during this 3 month period.
2. Roll over the loans as they become due, again for 3 months.
3. Develop a plan that states how the reserves will be used and how any extra funds will be used. Without this plan, no assessment would be valid.
4. If further legal action is required to pursue our FIGA claim, find a new attorney, fully conversant with FIGA.
5. Pay off the loans either with FIGA money if it becomes available or with one of the assessment plans presented.

In no case should there be an assessment without a proper plan specifying in some detail when and where the funds are to be used. A follow up report should be required to report back any changes made to the plan.

That's what I was thinking about at 3:00 this morning.

What about you?

Harvey Wasserman

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12/31/2007

Happy New Year, everyone!

Thank you everyone for the letters of support! I appreciate all the feedback and letters of appreciation.

Below is a letter that particularly touched me. It is from a concerned Daughter of a Concerned Owner of Del Mar. How many have a son or daughter who care enough about their parents to write such a letter?

A very Happy New Year to all!

Harvey Wasserman

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11/22/2007

Happy Thanksgiving! I hope everyone has (had) a truly fabulous Thanksgiving.

Here we are, 3 years after the hurricanes of 2004. The grounds are looking great. Trees have been trimmed. New signs have been put up. It no longer looks like a battlefield. Thank you everyone responsible!

But I am reminded of an old Saturday Night Live bit in which Billy Crystal is Fernando Lamas in Fernando's Hide Away.

"I don't feel marvelous. I look marvelous, but I don't feel marvelous. Which is hokie-dokie for me, because, as you know, my credo is "It is better to look good than to feel good."

We still have serious problems around Del Mar. The south staircase in G building has become so dangerously corroded that it is now closed off and boarded up. Meanwhile, the elevator was noticed out of order for 2 weeks. Had there been a fire or other emergency, the north stairwell would have been the only exit. In such an event, if anyone was hurt the possible liability suit is enough to make me cringe.

It is not about any particular building getting more than its share, but of friends and neighbors making sure we are all safe. It does not matter what building it is. We are here together.

Then, of course, there are our finances; Dismal, with no apparent plan for success. George Brooks brought up the need for a plan at the last board meeting. This was the gist of my paper in June A Proposal for Building a Financial Plan For Del Mar. It is hard to believe, but I am actually siding with George on this. We need a plan. I do not necessarily support another assessment, but do support developing the budget and the plan to pay for what still needs to be done.

Finally, there is a divide, a deep conflict in our community, an us and a them. This is not good for anybody. Personally, I have been repeatedly defamed, both by the previous as well as the current administration. I am accused of lying and general deviousness.

I have been neither, and to help show that I have not lied to you, I have obtained the services of a lawyer to do an independent review of the law. Unlike the association attorney, this one actually practices condominium law and has no conflict of interest.

We must have more honesty. transparency and respect from our board. We must refrain from name calling and small clique gossip groups. Del Mar is not High School. We each have had a lifetime of experiences and knowledge. It is time to be the caring community of friends and neighbors we claim to be. Talk to me, or better yet, with me. Please stop talking about me.

It is time that the truth be told.

Sincerely,

Harvey Wasserman

View PDF of letter (645K).

New Web Site!

Registration page for new discussion group and new web site

Sincerely,

Harvey Wasserman
Moderator

 

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