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The Jupiter Bay Condominium Association elected three new Board Directors (Sheila McGinn, Jim Kalec & Don Spieller) at the August 18, 2020 Zoom Owners' Meeting. Two additional Directors (Susan Guthrie & Tyrone Smith) were added at the August 28 Organizational Meeting upon the resignation of Chris Hawkins and Peter Kurto.

The new Board has as its goal to "Build a more Transparent and Participative Jupiter Bay" with more open communication and greater member participation in decisions impacting the Community.

Board Member Bios:

Jim Kalec,
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,
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,
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.
Tyrone Smith,
Vice President 
Ty Smith has been an owner on the East Side (C-106) for the past 10 years.
Susan Guthrie,
Susan Guthrie owns two units at Jupiter Bay, one on the West Side (F-408) and one on the East Side (D-208). Susan has had a 34 year teaching career, having worked as a special education teacher, elementary educator and full-time mentor supervisor. For the past 25 years, she has also managed a successful travel company. Susan will be working with the other board members to make Jupiter Bay “the place we are proud to call home”. She strongly believes that to effectively create change, the Board must be considerate and respectful of owner ideas and concerns and work cooperatively with management and staff to foster that change.

Board Members must have legal, business and management experience.

Jupiter Bay owners voted for a new Board because they:

Are Concerned About the Association’s Finances

  1. Feel that a 7.84% budget increase, like the 2020 one, on top of the largest general special assessment ($631 per owner) is excessive.
  2. Believe that budgets should determine board’s expenditures, and that a $67,047 (3%) 2019 budget overrun is excessive.
  3. Agree with Florida statutes that our current unfunded reserves for West F Building Restoration ($68,885) and Common Restoration ($3,098) are unacceptable.

Question the True Costs & Benefits of a Property Management Company

  1. Want honest disclosure of the real net annual cost of the Campbell Property Management Agreement. ($98,957 or $275.65 per owner).
  2. 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.
  3. Question whether staff and salary reductions were the best way to partially offset the cost of Campbell Property Management.
  4. 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.
  5. Question whether Campbell should perform ballot management services.

Want Board Decisions to be Made at Open Properly Noticed Board Meetings

  1. Want open board meetings, per Florida Statutes, where all major expenditures are discussed with the members and voted on publicly.
  2. Believe that the statute-required 14-day notice periods for board meetings discussing rule, including governing document, changes should be followed.
  3. Believe that committees should help with board decisions, and that an unelected board president should not exert undo power over association decisions and direction.

Are Concerned About the Current Board’s Communication & Transparency

  1. Prefer open and honest communications from the board and property manager that don’t exaggerate accomplishments and praise their individual activities.
  2. Question whether blue should be the only alternative color choice for the West condominiums.
  3. Are concerned with the possible noise from pickleball courts adjacent to East A building patios.
  4. 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.

Board Member Qualifications

All association members are eligible to serve on the board of directors with few exceptions.

Per FL Statute 718.112(2)(d)2.,  In a residential condominium association of more than 10 units, the following individuals may not serve as members of the board of directors:

1.   Co-owners of a unit may not serve at the same time unless they own more than one unit or unless there are not enough eligible candidates to fill the vacancies on the board;

2.   A person who has been suspended or removed by the division;

3.   A person who is delinquent in the payment of any monetary obligation due to the association; and

4.   A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in this state, unless such felon’s civil rights have been restored for at least 5 years as of the date such person seeks election to the board.

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 Member Certification

Per FL Statute 718.112(2)(d)4b,  Within 90 days after being elected or appointed to the board, each newly elected or appointed director shall certify in writing to the secretary of the association that he or she:

1.   has read the association’s declaration of condominium, articles of incorporation, bylaws, and current written policies;

2.   will work to uphold such documents and policies to the best of his or her ability; and

3.   will faithfully discharge his or her fiduciary responsibility to the association’s members.

In lieu of this written certification, within 90 days after being elected or appointed to the board, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved condominium education provider within 1 year before or 90 days after the date of election or appointment. The written certification or educational certificate is valid and does not have to be resubmitted as long as the director serves on the board without interruption. A director who fails to timely file the written certification or educational certificate is suspended from service on the board until he or she complies with this sub-subparagraph.

The secretary shall cause the association to retain a director’s written certification or educational certificate for inspection by the members for 5 years after a director’s election or the duration of the director’s uninterrupted tenure, whichever is longer. Failure to have such written certification or educational certificate on file does not affect the validity of any board action.

Candidate Platform

Jim, Sheila, Don, Ty and Susan will be responsive to Association member needs in these major areas:

  A.  Financials

  1. Reduce maintenance fee increases by eliminating unnecessary and wasteful expenditures.
  2. Provide realistic budgets and stay within budget. Reduce the need for special assessments.

  3. Provide more transparent financial reporting so that owners know how and where their money is being spent.

  B.  Board Meetings/Decisions

  1. Hold regular open Board meetings. Provide Statute-required notice periods for these meetings.
  2. Make all Board decisions at open Board meetings with opportunity for owner feedback and discussion. (Eliminate secret decision-making meetings among Board members.)

  C.  Communications & Responsiveness

  1. Seek to improve homeowner lifestyle with a more-responsive and owner-focused Board.
  2. Try to coordinate and unify all decisions and events in an effort to unite the East and West and Villas into one cohesive unit.

  3. Ensure open owner communications with frequent newsletters, website updates and empowered committees.

  4. Answer homeowner inquiries in a courteous and expeditious manner. Endeavor to seek out and address homeowner issues and concerns.

  5. Partner with homeowners to make Jupiter Bay a more enjoyable and friendlier community.

  D.  Staffing & Maintenance

  1. Perform regular preventative maintenance to extend the life of the Association's capital assets.
  2. Better apply maintenance fees to improving Jupiter Bay common areas (grounds/landscaping and buildings).

  3. Review 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.

  E.  Planning

  1. Maintain and follow the Association’s Strategic Plan to assure a cohesive and targeted future for our residents.
  2. 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.

  F.  Governance

  1. Adhere to FL Statutes by fully funding reserves and eliminating current negative reserve balances.
  2. Assure adherence to Florida statutes and the Association’s governing documents.

Questions for Board Member Evaluation

You may want to consider the following questions when evaluating the performance of your Board members.

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?
  • Establish committees and other methods to obtain owner input?
  • Communicate regularly using various methods – newsletters, meetings, website, email, etc?
  • 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 617.0830):
(1) A director shall discharge his or her duties as a director, including his or her duties as a member of a committee:
(a) In good faith;
(b) With 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. 

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 personal interests;

  • 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.

Major Board Member Activities

√  Regular Board Meetings (Agendas, Scripts & Minutes)
√  Annual Budget Preparation (Incl. Committee & Board Meetings)
√  Monthly Financial Review/Reporting (Incl. Check Signing)
√  Annual Owners Meeting (Correspondence, Presentations, Election and Organizational Meeting)
√  Newsletters & Special Announcements/Updates
√  Project Management of Construction Projects
√  Owner Correspondence & Follow up
√  Vendor Meetings/Interface (Incl. Insurance Review/Allocations)
√  Attorney Interface (Litigation, Contracts, Delinquencies, etc.)
√  Auditor Interface (Records, Procedures, Fraud Inquiry)
√  Property Manager Performance Review and Staff Compensation
√  Regular (Weekly?) Property Manager Task Reviews
√  Property/Unit Inspections (Damage/Fault Assessments)
√  Decisions Regarding Priorities and Expenditures
√  Association Website Maintenance

Board Member Termination

Per FL Statute 718.111(12)(f), An outgoing board or committee member must relinquish all official records and property of the association in his or her possession or under his or her control to the incoming board within 5 days after the election. The division shall impose a civil penalty as set forth in s. 718.501(1)(d)6. against an outgoing board or committee member who willfully and knowingly fails to relinquish such records and property.