Jupiter Bay Website Enhancements
Significant enhancements were made to the Association's website.
The following pages were added to the Public Section of the website:
- Welcome – Introduces the Association’s management, website, governing documents,
and office location/hours.
- Location –
Describes the Association’s location and the area’s beaches, restaurants, entertainment, shopping, and other activities.
- Staff – Lists the Board of Directors, office staff, maintenance staff and
- Activities – Presents
activities available to all Jupiter Bay residents.
– Provides a summary of the Association’s Rules & Regulations applicable to all residents.
- FAQs – Lists the Florida Statute required Frequently Asked Questions
and Answers pertaining to our Association.
The "Internal Documents" section was redesigned to make it easier to find what you're looking for.
the new "Internal Documents" structure:
Bids & Contracts
Board Meeting Agendas 2019 Agendas
Board Meeting Minutes
Directory of Owners
Annual Financial Audits
Monthly Financial Reports
2018 Monthly Financials
2019 Monthly Financials
2020 Monthly Financials
Board Member Information
New Property Manager & New Management Company
Effective September 30, 2020, the Jupiter Bay Condominium Association announced cancellation of its contract with
Campbell Property Management and the commencement of a new agreement with Triton Property Management.
The new 12-month
agreement provides similar terms to the prior one, with fees of $1,000 per month and cost-plus pricing for staff members as
- 25% for experienced fulltime Property Manager
- 25% for on-site Receptionist and Administrative
- 31% for 3 full-time and 1 part-time Maintenance Technicians.
The change provides Jupiter Bay
with improved service, experienced property management, more senior-management participation, state-of-the art technology,
24/7 rapid emergency response, and an improved website. Triton is a smaller, locally owned company that provides individualized
Christopher Sands is the Association’s new Property Manager. He is a licensed Community Association
Manager (CAM) who has managed various Homeowners (HOA) and Condominium Association properties in Palm Beach County for both
Triton and Seacrest. He has had responsibility for properties with over 1,100 units and budgets exceeding $3.0 million. Additionally,
Chris has business startup experience and has held positions on the City of Palm Beach Gardens Police Department. We welcome
Chris to Jupiter Bay.
Jupiter Bay Owners Had a Fair Election
Jupiter Bay owners made significant progress in assuring a fair 2020 election:
- The Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business
& Professional Regulation appointed a monitor for the Association’s election.
- Due to concerns raised at the Association’s 7/31/20 Board Meeting, the Association’s president sent out,
on August 4th, revisions to the Members Meeting Second Notice. To conform to Florida Administrative Code 61B-23-0021(8), the
Board agreed to accept hand-delivered election documents at the Attorney’s office up until 10:30 a.m. on August 18th.
Finally, several months after we encouraged the Board to “Hold a Virtual Owners’
Meeting with Election”, they agreed to utilize our recommended Zoom video webinar approach,
which they announced in their Second Notice of 2020 Annual Members Meeting & Election dated July 17, 2020. This approach
was later ratified at their 7/31/20 Board Meeting.
Board Held Virtual Owners' Meeting with Election
There are various options for associations to hold annual owners’ meetings (as well as board meetings) during
the current COVID-19 pandemic. One of the most interesting and possibly the best solution is a virtual meeting. This option,
suggested by Florida Association News and Campbell Property Management, allows anyone to attend the meeting from anywhere
in the world within the comfort of their home, eliminating social distancing issues. Presenters and attendees may join the
meeting from any device including desktop, laptop, and mobile phone. This encourages more people to attend the meeting than
There are several software tools that provide video conferencing capability suitable for virtual
owners’ meetings, most notably Zoom and GoToMeeting. I will use Zoom Webinar to illustrate how the Association would
announce, conduct, and pay for a virtual owners’ meeting.
A Zoom video webinar can be set up in minutes and
requires no training. Zoom distinguishes between interactive video participants and meeting attendees/viewers. Zoom allows
for up to 100 interactive video participants and over 10,000 attendees. In our case the five Association board members would
be interactive video participants and the over 300 Association members would be attendees. Meeting invitations would adhere
to legal notice requirements, and owners would be instructed on how to attend the meeting by using their device (computer
or mobile phone) to link to an Internet address. Association members could be preregistered and given a URL to join the webinar,
where they would simply enter their name and email to join. They would not need their own Zoom account.
attending the meeting can share video (e.g., presentation slides) and talk at any point. Owner attendees can see and hear
the board members and request to be unmuted and allowed to speak during the meeting. Zoom has a robust set of industry-standard
security features such as AES 256-bit encryption to ensure that login information and webinar data is secure. Post meeting
reports will show who attended the meeting and will capture the webinar Q&A and any owner polling that was done.
Zoom video webinars come in different sizes depending on the number of attendees that are being hosted. The monthly price
for up to 500 webinar attendees is under $140 total including host and participant licenses. Zoom would provide an inexpensive
and attractive alternative to a face-to-face annual meeting and would allow the meeting to be scheduled as soon as possible
within the Statute’s 15-day minimum noticing requirements. Ballots for board candidate voting could be counted prior
to the meeting on the day of the meeting by an impartial committee of owners, per Florida statutes, with results presented
at the meeting.
Petitioning the Board
If unit owners within a condominium association feel
that the association’s board of directors is not being responsive in addressing their issue(s), they have a mechanism
to petition the Board to act. Members desiring to have one or more specific items of business addressed can, within rights
granted within Florida’s condominium statutes, force the Board to deal with the item(s) within a reasonable timeframe.
Florida statute 718.112(2)(c)1 says that “If 20
percent or more of the condominium association’s voting interests petition the board to address an item of business,
the board must place the item on the agenda at its next regular board meeting or at a special meeting called for that purpose”.
Under either alternative, the item must be considered by the Board within 60 days of the receipt of a petition.
This assures that the Board discusses the item(s) included
within the petition at an open board meeting but does not guarantee that the Board will agree to the arguments presented or
conclusions reached within the petition. However, this mechanism provides one more important way for the association’s
membership to be heard and for the Board to be forced to present and discuss owner issues and concerns.
Exercise Your Right to Vote
All Jupiter Bay members
have the right to vote in an election, and the Association is obliged to make voting as easy as possible. Anyone requesting
a ballot should receive one, and requests for alternate mailing addresses should be honored. Since many owners will not attend
the annual meeting, particularly this year with the coronavirus threat, requested ballots need to be made available both before
and at the Annual Owners meeting.
According to Florida Statute 718.112(2)(d) and Florida Administrative Code 61B-23.0021,
the second Annual Meeting notice must be 1) hand delivered, 2) mailed (to the address last furnished to the association),
or 3) electronically transmitted to each unit owner not less than 14 days nor more than 34 days before the election. The annual
meeting notice must also be posted on the condominium property.
The second Annual Meeting notice mailing must consist
Annual Meeting notice and agenda.
Candidate information sheets.
A return (outer) envelope addressed to the person or entity authorized to receive the ballot. The exterior of the outer
envelope indicates the name of the voter, and the unit or unit numbers being voted, and it contains a signature space for
(inner) envelope to be completed and returned within the outer envelope.
A ballot containing, in alphabetical order by surname, the names
of the candidates running for the Board. This ballot is to be completed by the eligible voter and sealed within the inner
The second notice and
accompanying documents must not contain any communication by the board that endorses, disapproves, or otherwise comments on
any candidate. No ballot shall indicate which candidates are incumbents on the board. No write-in candidates are permitted.
No ballot shall provide a space for the signature of or any other means of identifying a voter.
Elections are decided
by a plurality of ballots cast. There is no quorum requirement; however, at least 20 percent of the eligible voters must cast
a ballot in order to have a valid election. A unit owner may not authorize any other person to vote his or her ballot. Ballots
are returned within the inner envelope, which is contained within the outer envelope. The inner envelope has no markings to
identify the owner, whereas the outer envelope contains the owner’s name, unit number and signature. Each inner envelope
shall contain only one ballot, but if a person is entitled to cast more than one ballot, the separate inner envelopes required
may be enclosed within a single outer envelope. Outer envelopes, containing the inner envelopes and ballots, shall either
be mailed or hand delivered to the association before or at the Annual Meeting. Upon receipt by the association, no ballot
may be rescinded or changed.
On election day, either immediately before or at the Annual Meeting, an impartial committee,
which cannot include current board members, officers and candidates for the board, verifies the outer envelope information
against the eligible owner roster, and the committee checks off the units that have voted. If the committee meets prior to
the Annual Meeting, the committee meeting must be noticed (posted) 48 hours in advance and must occur on the same day as the
As the first order of business at the Annual Meeting, ballots not yet cast are collected. Upon the commencement of
the opening and recording of the outer envelopes at the Owners Meeting, the polls are closed, and no more ballots are accepted.
The business of the meeting may continue during this process.
If the committee receives multiple outer envelopes for the same
unit or if the outer envelope is not signed, then the vote is marked “disregarded” and separated from the other
valid votes. Ballots for properly cast votes are placed in a receptacle. Once all outer envelopes have been opened and the
number of voting owners is tallied, the inner envelopes are opened, and the ballots are counted. If any inner envelope contains
more than one ballot, the ballots are disregarded and not counted. The impartial committee tallies and reports, to the Owners
Meeting Chairperson, the vote count for each candidate for ballots that have not been disregarded. All envelopes and ballots,
whether disregarded or not, shall be retained with the official records of the association.
Any irregularities or attemps
to limit voting in this election will be reported to the Department of Business & Professional Regulation (DBPR), Division
of Florida Condominiums, Timeshares & Mobile Homes. These could result in fines or penalities or necessitate voiding the
election and holding a second election.
Unit Owner Keys
the convenience and growing popularity of keypad locks, over 30 Jupiter Bay homeowners have replaced their conventional entrance
door locks with keypads. This has caused an issue with the Association being unable to access many of these units
during the annual pest control treatment. Many of these locks were installed without notifying the office
or providing keys.
This episode has provoked a discussion among Board members as
to how this change in door locks relates to the Association's Unit Owner Key Rule #5, which says "For
pest control and emergency access, the Association must retain a pass-key to all units. Whenever an Owner or agent alters
any lock, or installs a new lock, the Unit Owner shall provide the Association with an additional key."
A notice posted
on the Jupiter Bay Condominium website reaffirms the Association's requirement to have a physical key for every condominium
unit. This, and the corresponding rule violation letter to various homeowners, was precipitated by an annual
pest control treatment during which the Association was unable to access over 30 condominium units that had keypad locks
installed. Most were installed without notifying the office or providing keys.
The notice cited Florida statute
718.111(5) which says that “The association has the irrevocable right of access to each unit during reasonable hours,
when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained
by the association pursuant to the declaration or as necessary to prevent damage to the common elements or to a unit or units.”
This statute affirms the Association's "access rights" but does not provide a process or procedure for compliance.
It does not say that condo owners can decide on their own how they'll chose to comply with the statute - i.e.,
whether to give the Association a physical key, access code or other means of gaining entry to their unit. But it does
allow for Condo Associations to establish their own compliance rules and procedures.
already has a Rule #5 which says that “For pest control and emergency access, the Association must retain
a pass-key to all units. Whenever an Owner or agent alters any lock, or installs a new lock, the Unit Owner shall provide
the Association with an additional key.”
Jupiter Bay's Board has reviewed
and discussed this rule in light of the recent upgrading of many door locks to keypad units and has concluded that the Association
will continue to require physical keys. The primary reasons are as follows:
door locks, both conventional key locks and keypad locks, include a set of keys for gaining entry.
Access codes may change frequently, possibly for each rental period, causing an administrative
issue in obtaining, recording and protecting the most recent access code.
Access codes can be memorized and disclosed easily leading to unauthorized unit access.
Physical keys can be securely protected in a locked key-control safe in the Association
It's easier to administrate a single procedure applicable to all 359
For these reasons the Association will
continue to enforce Rule #5. Any owner who changes their lock and/or key without notifying the management office or
does not provide a new key is in violation of this rule and is subject to $100 per day (maximum of $1,000) fine.
In imposing this fine the Association must provide at least 14 days written notice and an opportunity for a hearing held
before a committee of other unit owners
Truck Parking at Jupiter Bay
Jupiter Bay's Declaration prohibits trucks from being "used, operated, stored or parked in any unit, parking
area, street, or other portion of the condominium property; provided, however, that this provision shall not preclude the
use of delivery trucks or other trucks, equipment or machinery necessary for the maintenance, care or protection of the condominium
This provision of the Association's Declaration has been consistently enforced for over 30 years through:
- Issuance of parking permits to only authorized vehicles (no trucks), and
- Daily ticketing of vehicles without valid parking passes.
Following are the FACTS regarding Truck Parking at Jupiter Bay:
1. The Association’s Declaration,
paragraph 10.4, prohibits Jupiter Bay unit owners from bringing “trucks, vans, pickups, tractors, recreational vehicles,
or loud or noisy vehicles” onto the condominium property.
2. This provision does not “preclude
the use of delivery trucks or other trucks, equipment, or machinery necessary for the maintenance, care or protection of the
3. Everyone who purchases a unit at Jupiter Bay receives a copy of the Association’s
governing documents, and as a condition of ownership, agrees to abide by the provisions of these documents. When an owner
transfers their unit to a renter, the renter assumes all owner usage rights and responsibilities regarding compliance with
the Association’s governing documents.
4. To assure compliance with this 10.4 Usage provision of the Declaration, the Association requires all
residents (owners, guests, and renters) to register their vehicle(s) with the Association office and receive a parking permit.
Parking permits are not issued for illegal vehicles, including pickup trucks.
5. For over 30 years, the Association has consistently followed the practice of issuing parking permits
and tagging illegally parked vehicles. As a job requirement, our security guards tag vehicles (including trucks) without valid
parking permits. Whenever the Association learns of resident truck or other vehicle without a valid parking permit, a parking
violation is issued. In nearly all instances the issuing of this violation is sufficient to have the resident remove their
vehicle from Association property without needing to tow.
6. Upon advice of council, the Association’s Board of Directors, at a March 1, 2017 Board Meeting,
unanimously passed a motion assuring that “we will enforce paragraph 10.4 of the Association’s Declaration through
the issuing of parking violations, towing, and owner fines regardless of time of day.” All rental agencies were notified
in writing of this vote.
Association has hundreds, possibly thousands, of examples of the “no truck” rule enforcement. However, without
24 X 7 parking lot monitoring and with construction vehicles on our property, there will always be circumstances where illegal
resident trucks are not identified and tagged.
8. Only one agency has consistently rented to truck owners causing most of the illegal truck parking issues.
This agency has lobbied our owners and attorneys for years to remove all remaining rental restrictions.
9. Employees and customers of the Twisted Tuna Restaurant are allowed, according to
their lease terms, to park in designated areas of Jupiter Bay’s common property. There are no restrictions on the type
of vehicles permitted. According to Paragraph #9 of the Restaurant’s Lease Agreement, these terms override provisions
of the Association’s governing documents.
10.Any amendment to paragraph 10.4 of the Association’s Declaration, which changes or clarifies vehicle parking
restrictions, would have the same enforcement problems that the Association currently has. Without 24 X 7 parking lot monitoring,
the Association could always be accused of selective enforcement of any vehicle parking rules. Also, without Association inspection
of every resident vehicle, it would be impossible to know whether to issue a parking permit.
11.The truck parking provisions in Jupiter Bay’s Declaration can be changed with a 75% affirmative vote of
Association members; however, it would be nearly impossible to enact changes to the Restaurant Lease Agreement. It is the
Board’s duty to strictly enforce both documents until and unless either document is amended. Owners should not be unduly coerced into approving Declaration
changes that are detrimental to the community and resident quality of life, even if they encourage additional rental opportunities.
Triton Welcome Letter (JB BOD)
For those unit owners who were unable to attend our September 30, 2020 board of directors meeting,
we wanted to provide a recap for you. The Jupiter Bay Board of Directors Organizational Meeting was held on August 28, 2020
and over that 32-day period many areas were evaluated.
The top priority was to review the property management
company to ensure that our community was receiving the best possible service at a reasonable cost. Don Spieller and I reached
out to unit owners for feedback while conducting a review of Campbell Management services. Several unit owners complained
that weekend coverage was insufficient. It involved calling an 800 number and waiting for a response for more than a couple
of hours. There was an elevator breakdown in B East over Labor Day weekend and many calls were made to the 800 number. We
received feedback about eight hours after the first call. During
the month of September, we interviewed three property management companies: Triton, Castle and Campbell.
was completed a few days before the September 30, 2020 board of directors meeting. All three companies are exceptionally good
property management firms. The most critical difference is that Triton has owners in senior management positions that are
actively involved in the business. Paul Licata and Mark Wade have twenty years of experience in the industry and they will
be at Jupiter Bay monthly to provide the necessary support for a property of our size. It was important that the size of this
firm match the footprint of Jupiter Bay. This boutique firm has a 24/7 emergency response staff; no 800 number, just a rapid
response team ready to assist Jupiter Bay residents during all 168 hours in the week 52 weeks a year. They have proven management systems and state of the art technology that includes
the Tops One Connection which is a web service portal that offers both a homeowner and board member interface. This hands-on approach coupled with local ownership provides
Jupiter Bay with top to top management communication that can address issues and concerns thoroughly and effectively in a
short period of time.
Christopher Sands is our new property
manager at Jupiter Bay. He has managed properties that are similar in size to ours. His extensive property management experience
at Triton and Seacrest will serve us well in the critical months and years ahead. Jupiter Bay needs a lot of work on our landscaping,
irrigation system, elevators, asphalt, and spalling. Chris will be working closely with the board and maintenance staff as
we tackle our infrastructure issues.
In closing, let us welcome Triton Property Management and Chris Sands
to Jupiter Bay! We have a beautiful property in Jupiter, Florida that is located only 800 yards from the beach and across
the street from Harbourside. We pledge to work together with all unit owners to revitalize and reinvigorate this paradise
we call home.
Jupiter Bay Board
Twisted Tuna Parking Provisions
Paragraph 13(c) of the Twisted Tuna's lease with the Association contains the following parking provision:
Tenant understands that its parking lot is adjacent to
Landlord's roadways and residential areas and will
take commercially reasonable measures to help assure that its
patrons do not park outside of Tenant's parking lot and additional parking areas agreed to by Landlord and Tenant. In
addition to Tenant's parking lot, Tenant shall be
- Use some parking spaces
on the back side of the West parking lot (Building F) for employee parking,
- Allow customers to
park on the
grass of the
entry road, and
- Allow customers to
park in the
north lot in
the Jupiter Bay
Landlord shall allow Tenant to reconfigure the parking
lot on the North side of the restaurant by removing the existing parking bumpers and permitting lawn parking in that area prior to the Scheduled Opening Date. A copy of the permitted parking to Tenant is attached hereto as Exhibit G. Tenant agrees, and acknowledges, that the other permitted parking (marked in orange on Exhibit G) besides
its parking lot (marked in green on Exhibit G) is common area for
the Landlord, and that Landlord is unable to guarantee that parking to Tenant,
and that said parking is first come first serve. Additionally, Landlord will work with Tenant to explore additional parking
to Landlord's irrigation system and/or grass as a result of Tenant's grass parking shall be fixed and/or paid for by Tenant.
Tenant shall take commercially reasonable efforts to ensure its employees and customers are not parking in non-designated
areas. Tenant shall provide parking attendants/valets at Tenant's sole cost during seasonal months and during events where the customer parking is anticipated
to exceed its parking lot in an effort to mitigate customers parking in non-designated
Adherence to FL Statutes
Licensed Florida Community Association Managers (CAMs) are responsible for assuring compliance with Florida statutes and
the Association’s governing documents. They are to advise the Board regarding legal requirements for conducting Association
If a Board is unfamiliar with regulations and provisions of Florida law, further assistance and
intervention by the licensed Property Manager may be required. These areas include Board Decisions, Proper Noticing and Official
Records. Here’s a summary of the requirements:
Board Decisions – All Board decisions must be made at a noticed board meeting open to all
Noticing – An amendment to rules regarding unit use MUST be noticed at least 14 days before the meeting.
Official Records – Most Association records are classified according to Florida
Statutes as “Official Records” and are available to all owners for review and copying.
Jupiter Bay Ends 2019 $67,046 (2.94%) over Budget
Here’s a brief summary of the Jupiter Bay Condominium Association’s 2019 financials. These are unaudited
results based on the Association Treasure’s December Financial Report. Auditor adjustments will be reflected in the
Annual Financial Report published in March 2020.
Excluding the $97,523 special assessment expenses for reserve transfers
($49,500 for the Twisted Tuna elevator and $48,023 to replenish Common Reserves), the Association ended 2019 $67,046 (2.94%)
over budget. This would have been higher if the $8,998 to replace an East elevator pump was charged to Elevator Repair instead
of East Reserves.
Major over-budgeted items for 2019 included:
(64.6%) – Common Repair & Maintenance
- $16,095 (6.2%) –
- $14,672 (41.9%) – Legal
- $11,194 (28.0%) – Elevator Repair
- $9,774 (2.9%) –
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.
2019 Reserve expenditures,
including $123,058 for East painting, were $672,817. This left yearend Reserve funds at $1,949,861, $62,711 less than the
year’s starting balance of $2,012,572. The West F building is showing a $78,799 negative reserve balance for Building
Restoration/Spalling, which will probably need to be funded via a special assessment.
Regarding delinquencies, everyone
has paid their fourth quarter maintenance assessment, but ten owners did not pay any of their $631 special assessment by yearend.
As shown in the Campbell Management Agreement Summary (See Item #7), there are three components of the Campbell Property
- A $12,000 annual fee,
- 25% of gross Management & Administrative wages, and
of Maintenance & Janitorial wages.
For 2020, these costs are estimated at $12,000, $39,162 and $69,306 respectively.
The total of these three components is $120,468. This cost will be partly offset by the following paid by Campbell:
- Workers Compensation Insurance, and
- $10,416 - Payroll Processing.
This yields a total net annual cost
to the Association of $98,957 or $275.65 per owner.
To partly compensate for the extra $98,957 cost, the Association
terminated one maintenance employee and cut the salary of a second. The estimated impact of this staffing cost reduction is
$65,000, leaving a net cost difference of $33,957, or $94.59 per owner.
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 and much of the renovations.
They are scheduled to open the new Restaurant on July 4th 2020. 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.
Jupiter Bay's 2020 Budget
Jupiter Bay's Board of Directors proposed a $2,459,104 budget for 2020 consisting of $1,915,843 of Operating
expense and $543,261 of Reserve contributions. This budget is a $178,820 increase over 2019. The increase (7.84%) is
the greatest in the past 11 years (see table in the Financial page of this website). This is on top of the recent largest
general special assessment ($631.00) in this same 11-year period.
Despite higher insurance, security and salary expenses, 2020 should have significantly reduced legal fees. (Legal
fees were $41,908 in 2017, $78,284 in 2018, and projected to be $48,031 in 2019.) Also, unlike the 2018 and 2019 budgets,
the 2020 budget does not have to incur a high percentage increase caused by the commencement of association-paid internet
expenses. Finally, the reserves for West building painting became fully funded in 2019, requiring no additional funding in
the 2020 budget.
The 2020 budget increase together with the special assessment gives this Board $405,294 ($178,820
+ $226,474) extra money to spend. Although a small amount of the special assessment was used to pay off fund balance shortages
from prior years, the vast majority (81.5%) is for current and planned expenditures. Note that according to our auditor, prior
year shortages, mostly from 2017, were $74,855, not the board's reported $94,336.74. The same auditor reported that last year
ended within 0.05% of budget.
All Association members should be concerned with these skyrocketing
increases in our cost of living in Jupiter Bay.
Jupiter Bay Ends 2018 within 0.05% of Budget
Despite extremely high ($78,284) legal fees, we ended 2018 within budget due to good budgeting,
tight expense management and significant reductions in other expense areas.
At the last (March 30,
2019) Jupiter Bay Owners Meeting, it was reported that the Association would end 2018 over budget by $10,099 (0.46%), primarily
due to legal fees associated with the restaurant litigation and tenant contract negotiations. However, the yearend 2018 Auditor’s
Report, received in April 2019, showed a negative budget variance (revenue minus expenses) of only $1,110, much lower than
This amount, together with a negative $73,745 fund balance carryover from 2017, yielded
a total overall Association shortfall of $74,855. With 359 owners the average impact is $208.51 per owner. However, the fund
balance deficit does not evenly impact the eight associations, with two associations (Plantation Villas and the East) having
positive fund balances and the remaining six associations owing between $10,204 and $20,116. These shortfalls will need to
be made up in future budgets and/or special assessments.
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”.