In the next "annual" election, the
Jupiter Bay Condominium Association's members have the opportunity to elect three new Board Directors whose goal is to "Build
a more Transparent and Participative Jupiter Bay" with more open communication and greater member participation
in decisions impacting the Community.
Using the Florida Statute's emergency powers provision,
the Current Board has decided to take the unnecessary action of postponing the April 3rd election and keeping themselves
in office until further notice. When the election is finally scheduled and with your help, a new Board will begin working
to improve our Community while meeting your individual needs.
This Web-Page Contains the Following Important Jupiter Bay Voting Information:
- The Political Season (By Jim Kalec)
- Current Board Talking Points & Rebuttal (New)
- Reasons for Voting for Jim, Sheila & Don
- Questions for Board Member Evaluation
- Desired Board Member Skills & Qualities
The following three Board candidates are campaigning as a team to
deliver on the promise of "Building a more Transparent and Participative Jupiter Bay":
Jim Kalec has been a Jupiter Bay owner since 1985 Plantation Villa D1 and soon to be new owner of Jupiter Bay East C108.
Jim has 45 years business experience in administration and marketing & management. Jim is from Buffalo, New York, now
retired and with his wife Barbara will spend more time in Jupiter Bay. His years of knowledge and experience can be a great
help to JB's financial situation and management issues. He will install more transparency between the board and the JB Homeowners.
Jim looks forward to working with Don and Sheila on the Jupiter Bay board.
|Sheila McGinn and
her husband Jeff have been owners in Jupiter Bay Community for three years. This is their home away from home. Sheila's sister Sue also resides in Jupiter Bay East. Family is foremost
and as such Sheila and Jeff make every effort to ensure that their family enjoys their quality time together in Jupiter. Sheila has been practicing as an attorney in New York
for 29 years, and Jeff has been a longstanding
member of the FDNY. Sheila's legal background will benefit the Association and Board.
Don, Jim and Sheila
will ensure that they work cohesively and with transparency for the betterment of Jupiter Bay.
Don Spieller and his wife Roie purchased A504 Jupiter Bay East in 1990. They have relocated from Central Pennsylvania
to live full time in Jupiter Bay. Donnie retired after 35 years of being the General Manager and Professional Golf Pro of
Indian Hills Golf Club. His years of knowledge and experience dealing with the business budget, financials, purchasing and
maintenance of the club will be extremely beneficial. He has served with 9 club Presidents and 16 different Board of Directors
to help make Indian Hills successful. The team of Don, Jim and Sheila are going to make a great addition to the Board. Their
professional background brings much to the table. They will endeavor to achieve their goal of improving the Community while
lowering condo maintenance fees.
The Political Season
Following is a letter from Jim Kalec regarding his Board candidacy:
Reasons for Voting for Jim, Sheila & Don
There needs to be changes to the makeup of the Board. We need Board Members with
more legal and business experience.
for Jim Sheila & Don if you:
Are Concerned About the Association’s
Feel that a 7.84% budget increase, like the 2020 one, on top of the largest general special assessment
($631 per owner) is excessive.
Believe that budgets should determine board’s expenditures, and that a $67,047 (3%) 2019 budget
overrun is excessive.
Agree with Florida statutes that our current unfunded reserves for West F Building Restoration ($68,885)
and Common Restoration ($3,098) are unacceptable.
the True Costs & Benefits of a Property Management Company
Want honest disclosure of the real net annual
cost of the Campbell Property Management Agreement. ($98,957 or $275.65 per owner).
Don’t like paying Campbell, and losing
income, for many of the services that we used to cover internally such as application transfer fees, estoppel fees, mailing
fees, collection fees, attorney account turnover fees, etc.
Question whether staff and salary reductions were the best way to
partially offset the cost of Campbell Property Management.
Don’t like that association members have to go to the Campbell offices
on Maplewood Drive to access official association records, which are required to be stored at our office.
Question whether Campbell
should perform ballot management services.
Board Decisions to be Made at Open Properly Noticed Board Meetings
Want open board meetings, per Florida
Statutes, where all major expenditures are discussed with the members and voted on publicly.
Believe that the statute-required 14-day
notice periods for board meetings discussing rule, including governing document, changes should be followed.
Believe that committees
should help with board decisions, and that an unelected board president should not exert undo power over association decisions
Are Concerned About the Current
Board’s Communication & Transparency
Prefer open and honest communications from the board and
property manager that don’t exaggerate accomplishments and praise their individual activities.
Question whether blue should be the
only alternative color choice for the West condominiums.
Are concerned with the possible noise from pickleball courts adjacent to East
A building patios.
Don’t believe that restaurant patrons should be parking their vehicles, including trucks and motorcycles, on common
association property in the East and West F parking lots. This is in violation of the Truck Rule (10.4) and Common Elements
(3.8) provisions of the Declaration and subject to the Common Element Alteration procedures of 6.2.
Questions for Board Member Evaluation
You may want to consider the following questions when evaluating board
Will the Board member:
- Fulfill his/her fiduciary duties
in the best interests of the community?
- Be a good steward of your quarterly maintenance fees?
- Fully disclose the issues that he/she
is reviewing and discussing with other board members?
- Seek owner input on all important matters and major decisions?
committees and other methods to obtain owner input?
- Communicate regularly using various methods – newsletters, meetings, website,
- Provide complete transparency regarding the association's finances?
- Refuse to spend money on unnecessary lawsuits or
other personal agenda items?
- Rigorously follow Florida statutes and the governing documents of the association?
- Thoroughly analyze,
challenge and negotiate vendor contracts, obtaining alternate bids with various cost structures?
- Refuse to take positions that
pit owner against owner and cause dissent in the community?
- Encourage events that foster neighborliness and a sense of community?
Board Director Standards
Florida Statute 617, the Not for Profit Corporation Act, defines general standards for Board Directors as follows (Section
director shall discharge his or her duties as a director, including his or her duties as a member of a committee:
the care an ordinarily prudent person in a like position would exercise under similar circumstances; and
(c) In a
manner he or she reasonably believes to be in the best interests of the corporation.
(2) In discharging
his or her duties, a director may rely on information, opinions, reports, or statements, including financial statements and
other financial data, if prepared or presented by:
(a) One or more officers or employees of the corporation
whom the director reasonably believes to be reliable and competent in the matters presented;
(b) Legal counsel,
public accountants, or other persons as to matters the director reasonably believes are within the persons’ professional
or expert competence; or
(c) A committee of the board of directors of which he or she is not a member
if the director reasonably believes the committee merits confidence.
(3) A director is not acting in good faith if he or
she has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (2) unwarranted.
(4) A director is not liable for any action taken as a director, or any failure to take any action, if he or she performed
the duties of his or her office in compliance with this section.
Desired Board Director Skills & Qualities
To be most effective in serving an association, the following
skills and experience are important:
- Management and leadership experience, especially in diverse settings;
- Willingness to put personal
interests aside and serve the needs of the community;
- Negotiation and conflict resolution skills;
- Financial management skills, including
accounting, budgeting and bookkeeping;
- Communication skills; and
- Willingness to research, understand and apply Florida statutes
and governing documents.
Board Director Behavior
The Model Code of Ethics, posted in its entirety on the Ethics & Responsibilities page of this website, says that
Board Members should:
Strive at all times to serve the best interests of the association as a whole regardless of their
Use sound judgment to make
the best possible business decisions for the association, taking into consideration all available information,
circumstances and resources;
Act within the boundaries
of their authority as defined by law and the governing documents of the association; and
Perform their duties without bias for or against any individual
or group of owners or non-owner residents.
If elected Jim, Sheila and
Don will be responsive to Association member needs in these major areas:
Reduce maintenance fee
increases by eliminating unnecessary and wasteful expenditures.
Provide realistic budgets and stay within budget. Reduce the need for special assessments.
Provide more transparent
financial reporting so that owners know how and where their money is being spent.
Hold regular open Board meetings.
Provide Statute-required notice periods for these meetings.
Make all Board decisions at open Board meetings with opportunity for owner feedback
and discussion. (Eliminate secret decision-making meetings among Board members.)
Communications & Responsiveness
Seek to improve homeowner lifestyle with a more-responsive and owner-focused Board.
Try to coordinate and unify all decisions
and events in an effort to unite the East and West and Villas into one cohesive unit.
Ensure open owner communications with frequent
newsletters, website updates and empowered committees.
Answer homeowner inquiries in a courteous and expeditious manner. Endeavor to seek
out and address homeowner issues and concerns.
Partner with homeowners to make Jupiter Bay a more enjoyable and friendlier community.
D. Staffing &
Perform regular preventative maintenance to extend
the life of the Association's capital assets.
Better apply maintenance fees to improving Jupiter Bay common areas (grounds/landscaping
staffing requirements and assure that our property manager, office staff, and maintenance staff have the proper skills,
training, performance feedback and tools to be most effective.
Maintain and follow the Association’s Strategic Plan to assure a cohesive and targeted future for our residents.
Work with Twisted Tuna staff and management
to fully utilize restaurant facilities and assure that Association member needs are addressed without compromising our rights
to quiet and peaceful enjoyment of our residences.
FL Statutes by fully funding reserves and eliminating current negative reserve balances.
Assure adherence to Florida statutes and the Association’s
Current Board Talking Points & Rebuttal
The current board distributed throughout the community their following list
of Talking Points to let you know that "they've done a lot of good things":
- Campbell Property Management was hired by the current board & they are doing a fantastic job
& we are seeing many improvements.
A property management company is an absolute requirement for a community the size of Jupiter Bay. With 359 Units,
we are too large of a community to be self-managed.
We were the only community of our size in the vicinity that did not have a property management company.
Communities surrounding us, including Bella Vista, Sea Colony, The Estuary, Ocean Cove, & Sea Oats are smaller than us,
yet all of them have a property management company.
If the current board leaves & the other candidates get in, they have made it known that Campbell
will be let go & that would be detrimental to our Jupiter Bay community.
We will lose Mike Piatt, our Property Manager, who also goes if Campbell
Management is let go. He has accomplished more in the 4 short months he has been here than any other property manager we've
had in the past!
could also lose all staff, too because they are Campbell employees now & they get better healthcare benefits through Campbell
that we ever gave them. If Campbell is ousted, they might choose to stay employed with the Campbell Company.
The current board hired the new attorney, Steve
Braten who is a specialist in condo & real estate law; he is excellent, knows his stuff & is very responsive to our
board got the lawsuits and countersuits that were filed against the Association by Michelle Perrin and others on behalf of
the Restaurant and the Tennis Club dismissed.
Twisted Tuna was brought in by the current board after the other restaurant deal fell through 4 days
into their term.
can see the evidence of all the Improvements the current board has done: landscaping, safety & security, upkeep, repairs
current board is visible, actively Involved, responsive, and concerned.
But did they really do these things, and were they done well?
Their Talking Points try to build a case as to why 3 of their
members (Beverly Thompson, Frank Kania & Ray Larsen) should stay in office. They say it’s because the board that
they are a part of hired Campbell Property Management, transferred our staff to Campbell, hired a new attorney, brought in
Twisted Tuna, made property improvements, and are visible, involved, responsive and concerned. Let’s review these Talking
Points and see how accurate they are.
Campbell Property Management
current board says that they hired Campbell, who is doing a fantastic job, and that an association of our size requires a
property management company. They believe that if 3 of their board members are replaced, Campbell will be let go, and we would
lose Mike Piatt and possibly our 5 former employees. Here are the facts:
Campbell is the third Management Company
that we’ve had over the past 20 years.
3 new board candidates have not determined whether they would continue with Campbell or return to self-management.
The Association has had major accomplishments and property
improvements under self-management.
is costing the Association an additional $98,957 annually ($275.65 per owner). This figure is based upon factual data within
the Campbell agreement.
Campbell is causing
the Association to lose income and pay them for many of the services that we used to cover internally such as application
transfer fees, estoppel fees, mailing fees, collection fees, attorney account turnover fees, etc.
Since, according to Campbell management, we are the only one of their
associations managing our own financials on our own system, the obvious next step is for Campbell to put our financials on
their system. (It may be impossible to support a third conversion back to Quickbooks).
It will be increasingly difficult and costly for the Association to terminate
its agreement with Campbell and return to self-management or transfer to another property management company due to integration
with Campbell’s employees, website, work order system (ACT), payroll processing system, sale/transfer application system
Our new (Campbell/Frontsteps)
website is less friendly and harder to navigate and offers few advantages over our prior one.
The Campbell Property Manager, who has been a licensed Community Association Manager
for less than a year, has been ignoring, and allowing the current board to ignore, various Florida statutes and the Association’s
governing documents dealing with board decision making, proper noticing and official records access.
Association Staff Transfers
The current board
said that we could also lose all staff who may elect to stay employed with Campbell. Here are the facts regarding our prior
Our agreement with Campbell allows all Association staff (receptionist,
office administrator and maintenance employees) to be transferred back upon termination of the Agreement.
current board used staff and salary reductions to partially offset the cost of Campbell property management.
employees that we spoke with prefer working directly with the Association and did not value Campbell’s benefits and
Attorney & Lawsuits
board brought in another attorney group (Rosenbaum), the fourth over the past 15 years, saying that their real estate attorney,
Steve Braten, “knows his stuff & is very responsive to our needs”. They also credit themselves as settling
the restaurant lawsuits and bringing in Twisted Tuna. Here are the facts:
The prior board developed and negotiated
the terms and conditions for the restaurant lease agreement, providing for the Association’s clubhouse usage rights.
This agreement, with minor changes, was signed by Twisted Tuna.
The current board added contract language providing additional parking outside of the Tenant’s parking lot and
within the Association’s common areas including the West F building’s parking lot, grass area along the entry
road, and the East long-term parking area.
prior board got all parties to agree to settle and dismiss the lawsuits.
The prior board spent months evaluating and negotiating with various restaurant vendors and investors
and selected one that developed unforeseen financial issues just prior to completion of the deal and had to back out.
Twisted Tuna agreed to open on December 15th, 2019 to avoid a penalty
of $5,000 per month and open within 120 days after the Scheduled Opening Date to avoid a material default.
- The new attorney is requiring association members to go to the Campbell offices on
Maplewood Drive to access official association records, which are required to be stored at our office.
Association’s previous real estate attorney, Michael Posner, was rated among the top 5% of attorneys in Florida by Super
Lawyers Magazine, received the highest possible rating from Martindale-Hubbell, and received an AVVO (online marketplace for
legal services) rating of 9.6.
The current board says that “You can see the evidence
of all their Improvements”. While they have achieved some progress, their property improvements are no more significant
than what’s been done in the past as evidenced by presentations at the last Owners Meeting. The prior board felt constrained
by budget limitations which don’t appear to be as important to the current board.
Current Board Contributions
While the current board members may be actively involved, there is concern about their communication
and transparency, and whether they are adhering to the requirements of their positions and the statutes that they are to uphold:
- They are not holding open board meetings, per Florida Statutes, where all major expenditures
are to be discussed with the members and voted on publicly.
- Many secret decision-making meetings among board members are being held
in the Association office in conflict with Florida statutes.
- The statute-required 14-day notice periods for board meetings discussing
rule, including governing document, changes are not being followed.
- Accomplishments by the board and property manager are being
exaggerated, open and honest communications are limited, and there is considerable correspondence praising their
- The unelected board president appears to be exerting undo power over association decisions and direction.
Other than producing monthly financial reports, the Association’s finances are rarely presented or discussed at
board meetings despite the board making major expenditure decisions.
They are incurring excessive legal fees due to their lack of knowledge regarding Florida statutes and
the Association’s governing documents.
board ended 2019 over budget by $67,047 with unfunded reserves of $78,799. Despite having received $129,006 extra operating
funds from the $226,529 Special Assessment, the Association ended the year with a negative $18,224 cash balance.
They approved a 7.84% budget increase for 2020 on top of the largest
general special assessment ($631 per owner) in the Association’s history.
Under their leadership, 2019 reserve funds were $62,711 less than the year’s starting balance