Twisted Tuna Restaurant Opening
On May 23, 2019 the Jupiter Bay Condominium Association signed a 25-year lease, with renewal options, with Tuna Family
Trust LLC to open a Twisted Tuna Restaurant on Association premises at 353 S. U.S. Highway 1, Jupiter, FL. The Twisted Tuna
founders, Kenny and Rachelle Gibbs and their son Billy Forbes, have completed demolition work are scheduled to open the new
Restaurant by December 15, 2019. Remodeling is being done by Mel-Ry Construction, Interior Design by Carey Design Group and
Architecture services by Metro Architectural Group.
The restaurant will include a sushi and raw bar, three full liquor
bars, and a wide-ranging menu including Italian cuisine and seafood. It will be ADA compliant and have an elevator for second
floor banquet hall access.
Following is a restaurant opening announcement from the Palm Beach Post and a summary of
the Lease terms and conditions.
Here's the Restaurant opening announcement -->
Click here to download Article.
Here's a summary of the Lease terms & conditions -->
Click here to download Lease Summary.
According to Florida Statute
718.111(4), “The association has the power
to make and collect assessments and to lease, maintain, repair, and replace the common elements or association property.”
assessments provide a means for the Association’s Board of Directors to obtain, from its members, money for unplanned,
unexpected and unbudgeted expenses. Although normally used for covering capital replacement costs (i.e., for reserve items),
special assessments can also be used for replenishing unfunded operating expenses. However, they should not be used for covering
regular routine expenses that exceed budgeted values. (These are taken into consideration in preparing the next year’s
Unplanned capital expense occurs when the Reserve Schedule’s estimated “years-of life”
is too high or “capital replacement costs” are too low to cover actual expenditures. Examples include 1) replacing
lines and pumps that supply irrigation water, 2) replacing or substantially repairing a damaged lake bridge, or 3) major rebuild
of swimming pool restrooms/pumphouse.
operating expense occurs when a budgeted line-item is substantially exceeded due to unforeseen circumstances. Examples include
1) unplanned major litigation, 2) major vendor repricing of equipment and/or services, 3) midyear increases in insurance costs,
or 4) breakdown of equipment requiring significant repair work.
Special assessments must be approved by a majority of the Association’s Board of Directors
at a Board Meeting requiring 14-days advance notice, posted on Association property in the places designated for the posting
of such notices. In addition, Florida statute 718.112(21)(c)1. requires that “Notice of any meeting in which
regular or special assessments against unit owners are to be considered must specifically state that assessments will be considered
and provide the estimated cost and description of the purposes for such assessments.”
Statute 718.116(10) says that “The specific purpose or purposes
of any special assessment shall be set forth in a written notice of such assessment sent or delivered to each unit owner.
The funds collected pursuant to a special assessment shall be used only for the specific purpose or purposes set forth in
such notice.” The special assessment notice must list,
describe and estimate the cost of each item included in the special assessment. The sum of the included items must equal the
total amount of the special assessment. Then, the special assessment amount is divided by the number of units within the association
to determine each unit’s/member’s share. Special assessment amounts cannot vary by condominium unit within an
According to paragraph 9.10
of the Association’s Bylaws, “Assessments for Common Expenses for emergencies that cannot be paid from the annual
Assessments for Common Expenses shall be due only after ten (10) days’ notice given to the Unit Owners concerned and
shall be paid in such manner as the Board of Directors of the Association may require in the notice of such Assessments.”
This provides the Board wide latitude in the timing and approach to collecting special assessments. They can be due with short
notice, broken into multiple installments, and subject to late fees and interest. Late fee maximums are $25.00 (if under
$1,000), otherwise $50.00. Interest is 15% per annum starting with the due date. Finally, the special assessment letter should
specify whether a grace-period is granted.
718.116(10) “Upon completion of such specific purpose or purposes (of
the special assessment), any excess funds will be considered common surplus, and may, at the discretion of the board, either
be returned to the unit owners or applied as a credit toward future assessments.” Monies received from the special assessment
must be tracked against actual expenditures for each included item to determine whether there are excess funds, and if the
excess funds will be returned or applied toward future assessments.
Florida's New Texting & Driving Law
Texting and driving was already illegal in Florida, but the new law makes texting (including messaging, emailing and other
forms of typing on a mobile device) a primary violation, rather than a secondary violation. That means police can stop you
solely on suspicion of texting while driving. Next, it more broadly bans any use of a handheld cell phone while operating
a motor vehicle in a designated school crossing or school zone or a road work zone.
Hands-free uses remain
The penalties for these noncriminal traffic violations remain the same:
First Violation – $30 base
fine plus court costs and fees.
– A second violation within five years is considered a moving violation carrying a $60 base fine plus court costs and
Drivers caught texting will also be dinged
3 points against their licenses.
driving became a primary offense on July 1, 2019. The ban on handheld use in school and work zones can be enforced starting
October 1, 2019 with an education period of warnings until January 1, 2020, when fines can be imposed.
Texting at a stoplight or while a vehicle is stationary is not an offense.
Police and emergency personnel are exempted as are those receiving navigation, vehicle operation or safety information (traffic,
Defense of Foreclosure
When the taxing authority or mortgage holder forecloses on a condominium unit, the condominium association, as an
interested party, receives notice. They then engage the services of their attorney to defend them in the foreclosure action.
The expense associated with a Defense of Foreclosure cannot be charged to the negligent unit owner if that
owner has paid all of their assessments on time, unless this is provided for in the association's documents. This is a flaw
in the Florida condominium statutes that needs to be addressed.
Following is the text from
my complaint, filed on 4/27/16 with the Division of Florida Condominiums, Timeshares and Mobile Homes:
The Jupiter Bay Condominium Association is a multi-condominium association comprised of eight individual
associations, 14 buildings, and 359 units. In August 2011 a mortgage servicer filed a mortgage foreclosure action against
one of our Association members. Our Association was advised of the foreclosure and, as an interested party in the mortgage
foreclosure, engaged the services of an attorney to defend our interests. Our attorney advised us that it was the Board’s
fiduciary responsibility to engage the services of an attorney in Defense of Foreclosure and that this was not optional.
Over the past 4 ½ years there have been dozens of court filings associated
with this mortgage foreclosure, months of bank negotiations, extensive correspondence among attorneys, and several sell auctions
scheduled and rescheduled. This April the condominium owners, who defaulted on their mortgage, negotiated a revised payment
plan with their mortgage holder.
Our Association accumulated
$10,000 (36.4 hours @ $275/hour) in Attorney fees over the course of the 4 ½ year period. These fees were charged to
the condominium owners who were negligent in meeting their mortgage payments and responsible for the Association’s expense.
The condominium owners, who felt they were wronged by the Association, filed a Summary Judgment against the Association to
1) get to the case dismissed, 2) remove the Association’s attorney fees from their account, and 3) obtain reimbursement
for their own attorney fees. The court ordered mediation as an attempt to resolve the dispute.
The mediation settlement cost the Association $10,750 as payment for the defendant’s
attorney. We were unable to get reimbursed for any Association fees. Therefore, this negligent action by a member of our Association
cost us over $20,000 in total, and it necessitated a special assessment for other members. This was because the Florida Statutes
do not give an Association the right to assess the negligent owner for attorney fees associated with our Defense of Foreclosure.
This is a serious flaw in Florida Statute 718 that must be remedied immediately. I recognize
that this is somewhat unorthodox to be writing a complaint against Florida’s condominium associations’ governing
body; however, I’m not sure what recourse is available. The interest of the Association and its members must be protected
in bank and tax lien foreclosures against its members.
WPB Tops Nation in Vacation Rental Growth
In its July 31st edition, the Palm Beach Post reported that
Beach tops the nation in vacation rental growth, according to the popular travel website Hipmunk.
from the travel website found vacation rental bookings in West Palm Beach skyrocketed by 852 percent from summer 2014 to summer
2015. Rounding out the top five cities for the biggest vacation rental growth are: New York with 488 percent; Greenville,
N.C., with 410 percent; Pittsburgh with 356 percent; and Dallas with 279 percent.
Vacation rentals have grown in
popularity as more travelers look for alternatives to hotels. From summer 2014 to summer 2015, the share of overall vacation
rental bookings on Hipmunk increased 78 percent, the analysis said.
Ryan Poliakoff Says "Employee Salaries Can be Revealed"
The Condominium Act was amended a few years ago to specify
that, among the documents that are not inspect-able by unit owners are “personnel records of association or management
company employees, including, but not limited to, disciplinary, payroll, health and insurance records.” This was done
in an effort to protect personal employee information. But the statutes also state that the term “personnel records”
does not include written employment agreements with an association employee or management company, or budgetary or financial
records that indicate the compensation paid to an association employee.
So it is not the salary, itself, that is protected. If that salary can
be found in an employment agreement, or if it is a line item in the budget, or if it is within the association ledger, or
the check register (or if the association maintains copies of canceled checks), you can make a written request to inspect
those records and find out the salaries. Also, you have a right under the Condo Act to send a written inquiry to the
board of directors, by certified mail, and the board must respond to that inquiry within 30 days (or a longer time frame if
they seek the advice of the Division of Condominiums, or legal counsel).
Mr. Poliakoff goes on to say that "I have never dealt with the
issue directly, but I think an argument can be made that, given that the salary, itself, does not appear to be protected information,
the board would have to answer a written inquiry regarding these salaries. Perhaps this is a loophole in the law or perhaps
the division would find, if pressed, that the Legislature did in fact intend for employee salaries to be private, except in
the limited instance when the salary is referenced in another, otherwise inspectable record."
Thank You for Your Participation & Voting
We would like to thank all of the Jupiter
Bay owners who attended the March 21, 2015 Owners' Meeting and for those who voted in this election, expressing their
care and concern for the Jupiter Bay community. We appreciate the confidence that many of you have shown in the
new Board members and your support for a better Jupiter Bay. We will do our best to be cognizant of your needs
and to serve your interests.
Association's Annual Budget
Each fall annual budget preparation activities get underway. The process, which culminates in owner
notification and Board approval, needs to complete before start of the new budget year so that coupon books can be printed
A page was added to this website which explains the annual budget preparation process. This
is being provided for those owners who are members of the Budget Committee and for other owners who are interested in understanding how
the budget is developed and how their quarterly assessments are calculated.
Condominium Association Management
Many condominium owners take for granted a smooth-running association. They
either have limited interaction with the management office or only correspond with work orders or complaints.
With its 14 buildings, 8 associations, 359 units, 60+ acres, 9 staff members and nearly 100 vendors,
Jupiter Bay is a complex multicondominium association requiring specialized management skills for its day-to-day operation.
Association Management page was added to this website to describe some of the tools, systems, and procedures
used by the management office at Jupiter Bay.
Owner Access to Association Records
As described in the Ownership page of this website, the homeowners in Jupiter Bay own their
unit, and collectively they own the rest of the Association (each homeowner owns a fractional share of everything else).
The Association staff, vendors, maintenance supplies, and utility services are funded by the owners, and board members are
elected to represent and serve the owners.
The Association records
can inform the owners how their Association is structured, how it's being run and how their money is being spent. Likewise,
nearly all of the records of the association, whether financial or otherwise, are available to the homeowners.
Please reference the Communications page of this website for a listing of the Association's Official Records, which can be
viewed and/or copied by owners.
Landscaping is very important to the residents of Jupiter Bay because it contributes to
the attractiveness of the community, the value of their investments and the overall quality of life.
The condominium association is solely responsible for landscaping at Jupiter
Bay. This includes the trees, shrubs, flowers, lawns, mulch, irrigation systems and other landscaping items. Maintenance
responsibility for the property grounds requires the Association to assure that the overall appearance of the property is
preserved, as much as possible, as it was initially designed and built. This means that trees destroyed by hurricanes
or trees classified by the Florida Exotic Pest Plant Control Council as “nuisance and invasive exotic vegetation”
need to be replaced. It also means that shrubs, flowers and other landscaping throughout the community need to be maintained
and replaced as necessary to preserve the area’s attractiveness. Any landscaping improvements must be consistent
with the overall landscaping theme.
Most homeowners value the grounds adjacent to their condominium unit. In light of the Association’s
limited landscaping budget, some homeowners, particularly those owning first floor units, have independently contributed
to the beauty of our community by adding flowers, landscaping stones and other plants and materials to the areas adjacent
to their units. Some have funded the planting of memorial trees or shrubs or other special landscaping to beautify their
It has been suggested that all homeowners should be allowed to beautify the areas
in proximity to their condo unit. However, it is important that these landscaping enhancements are in compliance
with our condominium documents and are compatible with existing landscaping. The Association is obliged by its
condominium documents to prevent any changes that could be considered common area material alterations as defined in Sections
2.5, 6.1(c), and 6.2 of our Declaration. (Please reference the Alterations page of this website.) Also,
we must assure adherence to our Rule #44 which says “Owners who wish to contribute plants, materials,
funds, or labor to common element landscaping areas/projects must receive approval from the Association”.
Board Member Email Communications
Email communication continues to play a greater role in the Association's business.
We now have email addresses for a large percentage of our homeowners. The management office, homeowners, Board
members and our vendors are using email communications to replace many if not most of the traditional "snail mail"
types of correspondence. The Property Manager and Board of Directors conduct much of the day-to-day association
business via email. This leads to some interesting questions, several of which Florida statutes are beginning to address.
Please reference the Communication page of this website for an update on Board Member Email Communications.