Jupiter Bay News

Lack of communication to unit owners has been a major issue with the current board. Following are some of the areas needing improvement:

• The Association has not issued a Newsletter since 2024.

• The Board’s Zoom meetings are poorly done with remote attendees not hearing questions, having limited opportunity to participate, and no access to meeting recordings.

• The Board approved 6 rule changes involving parking permits, sales applications, unit alterations, landscaping, records inspections, and civility without any owner (Rules Committee) input.

• The Board President utilizes a special committee (House Committee) for circumventing open board meeting discussions on important association decisions.

• The Board made it more difficult for unit owners to access official records by increasing response time from 5 to 10 days, requiring specially marked certified letters, and limiting records inspections to the time and location of their choosing.

• A "Meet the 2026 Board Candidates Meeting" was scheduled by the Association and held before members were told who the full slate of candidates were.

In his farewell address, a former Jupiter Bay President described our community as a special and personal slice of paradise. Then he went on to say that after retiring here in 2018 he discovered that paradise was lost. He said that he noticed the decay of our structures and the aging and lack of repairs and maintenance. He described the following situation that was prevalent when his board took over. (Factual corrections are provided in red after several of his remarks.)

When our board was elected in August of 2020 our insurance agent told us that our insurance may be cancelled in 2021 unless two roofs (West A & B) were replaced.

When the current board started their term, the West F roof was 15 years old, West C, D, and E roofs were 16 years old and West A and B roofs were 21 years old.

Don Brady said the A-West roof was 23 years old and the B-West roof was 22 years old and insurance underwriters demand that roofs are replaced every 20 years.

This conversation occurred in 2022, not 2020. The reserve schedule required West A and B roofs to be replaced in 2021. The board waited until 2023, after the insurance cancellation threat, to replace them. Although the other West roofs didn’t need to be replaced at this time, the board chose to replace them resulting in unnecessary special assessments.

We secured three bids for these two roofs, and the lowest replacement cost was $225,000 per roof. The total cost to replace those two roofs was $450,000

The 9/6/23 special assessment letter reported the replacement cost to be $156,113 per roof including a “third nail” improvement. Total cost for the two roofs was $312,226.

Our roof reserves for those two buildings were severely underfunded. All we had was $25,000 for A-West and $40,000 for B­-West. Total reserves of $65,000 caused a $400,000 shortfall.

According to the special assessment letter, West A had $141,662 and West B had $142,706 in reserves. Total shortfall was $27,857.

The very next day our auditor called us about a $70,000 assessment that needed to be generated due to a spalling reserve shortage in F -West. As many of you may recall, the patio floor of F-209 fell into F-109, so we had a Surfside incident before Surfside.

The prior board president, who is not any of the 2026 board candidates, spent $178,724 on West F building spalling repairs and town permits in 2019 to address serious concrete deterioration issues. The resulting reserve shortfall should have been dealt with by a special assessment in 2019 or early 2020, but instead this was left for the next board to address.

Many owners are complaining about special assessments. These are two glowing examples of reserve underfunding. Special assessments are created, in large part, from previous years of underfunding. Those two examples add up to $500,000 of underfunding. We discovered another $500,000 shortfall in spalling reserves, so we inherited a $1 million reserve shortfall by Labor Day of 2020.

Each year’s budget includes a reserve schedule with an annual reserve contribution amount. The replacement value and lifespan of each reserve item is set by the board based on a reserve study, prior expenditures, and/or vendor estimate. There is no such thing as underfunding in that reserves are funded according to the reserve schedule set by a current board based. Prior boards added an inflation factor, based on the consumer price index, to the replacement value of the reserve items. In 2024 the President's board eliminated the inflation factor and reduced the asset replacement cost estimate from $7.66 million to $6.77 million. This was done at a time when inflation was approaching an all-time high and our insurance assessment increased our property value by 26.8%. While knowing they had to increase replacement costs, the board reduced them, deferring the impact to future years.

Shortly thereafter the Surfside collapse occurred near Miami resulting in the death of many innocent people. Legislation was created that mandated us to repair our spalling immediately regardless of our inherited spalling reserve shortfall.

In 2020 Jupiter Bay's reserves were at a record high of $2.35 million. Florida mandated Milestone Inspections to determine whether condominium buildings 3 stories or higher have substantial structural deterioration. The Board chose to have all East C building patios restored prior to obtaining results from the milestone inspection, and work began on the other Jupiter Bay patios before the Phase 2 inspection, which was required for damaged patios. Jupiter Bay’s 2020 concrete inspection of its 359 units showed only 9 patios with “severe” damage. By 2024 the number classified as “severe” increased to 24. However, with 2/3 classified as being in relatively good condition, the $7.0 million Concrete Remediation Project was shown to be unnecessary. This was supported by a forensic engineer, hired by a Jupiter Bay concerned owners’ group, for a second opinion.

Given this poor working environment, we still plowed ahead with the necessary repair work needed to revitalize this once great property. I am proud to say that more was accomplished in these past six years than the previous 40 years combined.

Is he referring to the poor working environment that he created? Yes, he plowed ahead with his agenda instead of listening to other experts or the unit owners that he was elected to represent. Saying that he has accomplished more in the past six years than the previous 40 is an absurd and inaccurate comment. Prior boards have addressed repairs each year, mostly from available reserve funds rather than doing everything at once causing massive special assessments. In the 3 years before the current board (2018, 2019 & 2020), $594 thousand was spent on concrete remediation. In 2020 alone $245,314 was spent from the reserve accounts and $360,686 from operating accounts for property maintenance. The current board spent unbudgeted money and drained reserve accounts.

I would like to thank all the board members who worked with me throughout this arduous journey. I would also like to convey my appreciation for past board Presidents of Jupiter Bay, who devoted so much time and effort addressing the needs of our property.

After saying that the Association was poorly maintained and in disrepair when he took over and after derogatory comments regarding other boards and board presidents, he makes this trite acknowledgement of their efforts.

Once the 40 units of the East C building have been upgraded, the Association is legally bound to treat all East unit owners the same and address the other 95 East units. At $21,789 per unit ($871,555 / 40 units) and with no remaining reserve funds, not counting inflation this would require another $2.07 million expenditure and at least another $15,333 per East owner special assessment.

It is important to note that no Jupiter Bay Board has ever “repaired” and renovated all units in a single building at the same time before, and the Association has never had owners pay 3 special assessments in a single year. In fact, special assessments were seldom used until this Board took over in 2020.

In addition to the special assessments, we are already paying an average increase of $336 per quarter in maintenance fees due to this year’s record 27.8% operating cost budget increase. Even if the milestone inspections find no unit with “substantial structural deterioration”, the Association will still need to fund significant increases in reserve contributions resulting from the anticipated Structural Integrity Reserve Study (SIRS) and 20-30% insurance increase cause by the every-three-year property reappraisal.

The Board is collecting a $43,073 special assessment for security cameras but has already exceeded this estimated expense by $22,697 through July. And they want more surveillance cameras at over $2,500 per camera plus on-going service and internet costs. Miscellaneous and late charge income is down over $7,000 through July. Finally, there’s the estimated $442,000 cost of replacing 20-year-old roofs on the three 5-story East buildings which will probably require another special assessment.

I attended a Milestone Inspections and SIRS Webinar on 5/23/24 sponsored by Florida Association News, and this is a summary of what was covered. I’ve added specific comments related to Jupiter Bay (in red) where appropriate.

Milestone Inspections

• A Milestone Inspection is: "a structural inspection of a building, including an inspection of load-bearing elements and the primary structural members and primary structural systems.” The licensed Architect or Engineer inspector attests to:
  1. Life safety
  2. Adequacy of the structural components
  3. General structural condition of the building which affects safety
  4. Determination of any necessary maintenance, repair, or replacement of any structural component.

There are two types of milestone inspections: Phase 1 and Phase 2.

• Compliance: For condos 3 stories or more in height, the milestone inspection must be completed by December 31^st of the year in which the building reaches 30 years of age, then every 10 years thereafter. The East C Inspection Report did not describe the inspection as a Milestone Inspection. It reported that only “private balconies, public walkways, and building exterior” were inspected, and its purpose was “to identify the types and estimated amounts of concrete deterioration”.

• Notification: The local enforcement agency must provide written notice, via a certified letter, of a required milestone inspection to the Association.
  • Upon receiving written notice, the association MUST notify the unit owners of the required inspection within 14 days of receipt. This notice must include the date the inspection must be completed. Jupiter Bay owners have not received any information regarding a notice from the local (Jupiter) enforcement agency.
  • Phase one milestone must be completed within 180 days of receiving notice. However, the agency could extend the date for good cause.

• Phase 1 Milestone Inspection:
  • It is a visual examination and qualitative assessment of habitable and non-habitable areas of a building, including the major structural components, to determine the structural conditions of the building.
  • If the architect or engineer finds no signs of substantial structural deterioration to any building components under visual examination, phase 2 of the inspection is not required. Swaysland has performed no Phase 2 inspections at Jupiter Bay, implying NO structural deterioration.
  • The engineering manager who spoke at the course said:
    • If buildings are painted on a regular schedule and spalling repairs are regularly addressed, it’s unlikely that the engineer will find substantial structural deterioration and Phase 2 inspections will not be needed.
    • 80% of the time they have been able to certify the buildings they inspect as “safe for occupancy with no substantial structural deterioration”. Their reports may include minor repair recommendations.

• Phase 2 Milestone Inspection:
  • Must be performed if any substantial structural deterioration is identified during phase 1. Again, no Phase 2 inspection was performed at Jupiter Bay.
  • A phase 2 inspection may involve destructive or nondestructive testing at the inspector's direction. The inspection may be as extensive or as limited as necessary to fully assess areas of structural distress to confirm that the building is structurally safe for use and to recommend repairs.
  • An inspector who completes a phase 2 milestone inspection shall prepare and submit an inspection report. If Phase 2 is required a progress report to the local enforcement agency is due within 180 days of submitting the Phase 1 inspection report.

• Notification to Owners:
  • Within 45 days after receiving the applicable inspection report, the association must distribute a copy of the inspector’s prepared summary of the inspection report to each owner. In violation of condo law, no milestone inspection report summary has been sent by the association, within 45 days after receiving the report, to each unit owner by United States mail or personal delivery.
  • Must also post a copy of the report in a conspicuous place on condo or co-op property. This was not done.
  • Must publish the full report on the Association's website.

• Milestone Inspection Report Record Keeping:
  • This is an OFFICIAL RECORD of the association, and it must be kept for a minimum of 15 years
  • The report must be posted on the association’s website.
  • Sellers of condos must provide potential purchasers with copies of the milestone inspection report and Structural Integrity Reserve Study.

Structural Integrity Reserve Study (SIRS)

• Compliance: All condominium associations existing on or before July 1, 2022 must have a Structural Integrity Reserve Study (SIRS) completed by 12/31/24 for each building on the condominium property that is 3 stories or higher in height.

• Who can perform a SIRS? The visual inspection portion of the SIRS must be performed by:
  • An engineer licensed under chapter 471, or
  • An architect licensed under chapter 481, or
  • A person certified as a reserve specialist or professional reserve analyst by the Community Association Institute (CAI) or the Association of Professional Reserve Analysts
  • The same engineering firm doing the inspections could also perform the SIRS.

• What is a SIRS? At a minimum, a structural integrity reserve study must:
  • Identify the common areas being visually inspected.
  • State the estimated remaining useful life of each common area element inspected.
  • Estimate the replacement cost or deferred maintenance expense of the common elements inspected.
  • Provide a recommended annual reserve amount that achieves the estimated replacement cost or deferred maintenance expense of each common area element inspected by the end of its estimated remaining useful life.
  • Many companies are now presenting two separate Reports a SIRS report and a non-SIRS report. This means that a second set of reserves must be identified and funded by the association in addition to what’s already being funded.

• Components included in a SIRS:
  • Roof (already included in Jupiter Bay’s current reserve schedule.)
  • Structure including Load-bearing walls or other primary structural members and primary structural systems. This includes concrete restoration.
  • Fireproofing and fire protection systems (already included in current schedule.)
  • Plumbing, including high-pressure fire sprinkler pumps and step-up pressure pumps for higher buildings.
  • Electrical systems including generators and pump room electric panels.
  • Waterproofing and exterior painting (already included in current schedule.)
  • Windows and exterior doors except where the owners are responsible (e.g., condo unit windows)
  • Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed in the structural integrity reserve study. (This would probably include balcony screens and frames at $2,900 per unit.)

• New Reserve Requirements:
  • For Association buildings three stories or higher, reserves must be funded by the amounts determined by the association's most recent SIRS that must be completed by 12/31/24.
  • For associations required to have a SIRS, any budget adopted on or after 12/31/24 must include the funding specified in the SIRS, and members cannot vote to waive or reduce funding of SIRS items or vote to use SIRS reserve funds for any other purpose. (If the association’s 2025 budget is adopted prior to 12/31/24, this would apply to the 2026 and later budgets.)
  • Owners of buildings 3 stories or higher may still vote to reduce non-SIRS reserve components by a vote of the majority of voting interests (i.e. 50.01% of all owners need to vote in favor.)
  • Reserve contributions may be adjusted to account for inflation.

• Penalties: Failure to obtain a Milestone Inspection or Structural Integrity Reserve Study is a breach of the officers and directors’ fiduciary relationship to the unit owners.

Licensed Florida Community Association Managers (CAMs) are responsible for assuring compliance with Florida statutes and the Association’s governing documents. They, together with the association's attorney, are to advise the Board regarding legal requirements for conducting Association business.

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 Owner Communications, Board Decisions, Proper Noticing, Official Records, and adherence to the Milestone inspections and Structural Integrity Reserve Study statutes. Here’s a summary of the requirements:

• Owner Communications – Unit owners must be informed of all Board Member deliberations regarding financials, vendor communications, project plans, statute requirements, etc.

• Board Decisions– All Board decisions must be made at a noticed board meeting open to all association members. Discussions among owners and Board Members must be encouraged with decisions made through consensus. Unfunded projects cannot be approved.

• Proper Noticing– Major project, financial, and rule amendment decisions 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.

• Milestone Inspections – Condominium Associations are required to conduct Milestone Structural Inspections of their buildings and keep unit owners informed of progress and findings. Once local enforcement agencies notify associations of the need to perform a milestone inspection, the association must conduct:

• • A phase one milestone inspection by a licensed architect or engineer which must commence within 180 days after an association receives a written notice from the agency, and

• • A phase two inspection which is required if there is evidence of “substantial structural deterioration”.

• Structural Integrity Reserve Studies – Associations existing on or before July 1, 2022, are to have a structural integrity reserve study completed by December 31, 2024. The updated replacement cost and useful life values are used to calculate full funding requirements which cannot be waived.

At a special meeting of Jupiter Bay’s Board of Directors, held on January 12, 2023, a resolution was unanimously adopted imposing a $25.00 fee per parking permit issued. This fee will help pay for the Association’s “extensive amount of time and attention required to receive requests for parking permits and issuing these permits.”

The new fee, effective on the meeting’s date, will apply to all new parking permits issued, whether for tenant or owner. Current owner window stickers and new owner placards are excluded from this fee.

The parking permit issuance fee is like other administrative fees authorized by Florida statutes. Florida statute 718.116(8) says that “an association may charge a reasonable fee for the preparation and delivery of an estoppel certificate, with the authority to charge a fee established by a written resolution adopted by the board.” The Association’s attorney chose to use the same resolution instrument to establish this parking pass fee.

The fee is authorized by the 6/25/21 Vehicle Restrictions amendment to the Association’s Declaration paragraph 10.4, section 1(f) which says, “The Board may adopt and amend additional rules and regulations with regard to the parking of permissible vehicles not inconsistent with the Declaration, including, fees associated with the issuance of decals.”

It is also consistent with the 8/26/02 Arbitrator Ruling and the Association’s Bylaw paragraph 9.9 which says, “Charges for other than Common Expenses may be made when expressly provided for in the Declaration or the Exhibits attached thereto, including, without limitation, charges for services furnished for the benefit of an Owner.” This would include services for tenants who inherit many owner rights and obligations (e.g., rule/regulation adherence) when a unit is leased.

The Association incurs significant cost and no direct benefit from registering new owners, processing leases, and issuing parking passes. Since these tasks and associated costs are specific to certain individuals, they should not be considered “common” expenses and need to be charged back to the specific individuals requiring these administrative services. The fee is needed and will significantly benefit the Association. According to the Association’s President, with 2,000 to 3,000 parking passes issued each year, it could generate substantial income, offsetting administrative costs.

Several items regarding the way in which this board meeting and resolution was conducted could have been improved:

• Although noticed as a special meeting and involving rule/regulation changes, the Association did not adhere to the required 14-day notice requirement. Per FL Statute 718.112(2)(c)1., “Written notice of a meeting at which an amendment to rules regarding unit use will be considered must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property at least 14 days before the meeting.”

• The resolution did not specify the rule/regulation paragraph to be added or amended. Likewise, an updated set of rules/regulations need to be published, and recorded with the County, reflecting this change.

In summary, the Board is to be recognized for finally addressing this important issue.

Paul St. Clair created the Association's first website in 2012. After the Association purchased a new website, Paul retained maintenance responsibility. He made significant enhancements to the Association's website, some of which are listed below. In May 2024, when Paul questioned the Board President's wasteful spending on unnecessary East C building patio upgrades, his maintenance access was removed. It is one more measure that the Board has taken to reduce owner communications.

Significant enhancements were made to the Association's website https://jupiterbaycondoassoc.com by Mr. St. Clair:

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 Building Captains.

• Activities – Presents activities available to all Jupiter Bay residents.

• Rules – 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.

Here's the new "Internal Documents" structure:

At a November 13, 2024, Board Meeting, the Association chose to convert from our own website to our property management company's Enumerate Engage website. This further commits us to Triton making it more difficult to consider other management companies in the future.

Ryan Poliakoff is an attorney who publishes a weekly article in the Palm Beach Post.  Following is my question to Ryan and his answer published in the 9/18/22 Sunday paper:

Question: We are a multi-condominium association comprised of eight individual associations. Six of the eight individual associations consist of similar buildings, each with 32 units. These six associations are considering combining into one association. If we were to bring their reserves, fund balances and maintenance fees into synchronization (i.e., same values), what would it take to combine them? They all share the same bylaws. All six declarations of condominium are very similar or could be made similar, and it takes a 75% owner vote to amend them. Condo law suggests that the associations could be combined with less than 100% owner vote, but since their proportional share of common expense would change, would that dictate 100% approval of all 192 owners? Their declarations don’t appear to define voting interest approvals for changing the proportions or percentages by which owners share common expenses. Signed, P.S.

Dear P.S., You use the term “association” in several different ways in your question, but what I think you are saying is that there is one association (the corporate entity tasked with managing and maintaining the property) that governs eight individual condominiums. Six of the eight condominiums, which are largely identical, would like to combine into a single condominium so that they share expenses.

I do think, unfortunately, that would be practically impossible. As you pointed out elsewhere in your letter, Section 718.110, Fla. Stat. provides that no amendment to a declaration may (among other things) alter the appurtenances to the unit or change the proportion or percentage by which the unit owner shares the common expenses of the condominium and owns common surplus without 100% approval of the owners of the units and all record lien holders.

That is unlikely to happen except in the smallest condominiums. You effectively would need to terminate five of the six condominiums and amend the declaration of the sixth to integrate all of the other properties and units.

Condominium common elements are owned jointly and severally by the individual unit owners, so you are not only changing that appurtenant ownership, but also the shares of the common expenses of all of the units. As such I think it triggers the 100% approval rule and any single holdout would prevent the merger. You are already a multi-condominium association, which in this situation I think is the best you can achieve, in terms of saving costs and operating expenses.

Ryan Poliakoff, a partner at Backer Aboud Poliakoff & Foelster, LLP, is a Board-Certified specialist in condominium and planned development law. This column is dedicated to the memory of Gary Poliakoff. Ryan Poliakoff and Gary Poliakoff are co-authors of “New Neighborhoods — The Consumer’s Guide to Condominium, Co-Op and HOA Living.

Jupiter Bay currently has 8 associations: East, Villas, and each of the 6 West buildings. There is recent discussion regarding combining the 6 West associations into one. This would simplify our accounting structure, normalize fees, and provide larger combined reserves, reducing the financial impact of individual building repairs.

Financial consolidation of the 6 West buildings/associations requires addressing 1) quarterly maintenance fees, 2) operating accounts, 3) reserve accounts and 4) the Declarations of Condominium:

1. Since each building has the same number of units (32), averaging the 6 individual maintenance fees into a new fee would resolve the maintenance fee issue.

2. Differences between income and expense for each building produces negative or positive fund balances. These imbalances within the operating accounts need to be addressed so that all 6 buildings have the same (or zero) fund balance.

3. Reserve account balances need to be brought in synch, either at the individual account level or in aggregate. The simplest approach is to pick a single reserve account, such as concrete restoration/spalling, and add special assessment funds from each building into this account so that total reserve balances are equal. This would impose a financial burden on West buildings with low reserves.

4. Making the individual Declarations the same may be the most difficult task since one of the associations (West C) has different provisions than the others. West C building has the following unique terms:
   • Lease period of at least 30 days. 10-day exception for Thanksgiving, Christmas & Easter.
   • Maximum of 3 rentals per calendar year.
   • Transfer fees of $100 for sale of unit, $75 for lease, and $25 for guest of owner unless relative or owner present.

Also, there's the issue of obtaining the necessary number of unit-owner votes to approve the merger. Florida Statute 718.110(7) says: The declarations, bylaws, and common elements of two or more independent condominiums of a single complex may be merged to form a single condominium, upon the:

• Approval of such voting interest of each condominium as is required by the declaration for modifying the appurtenances to the units or changing the proportion or percentages by which the owners of the parcel share the common expenses and own the common surplus;
• Approval of all record owners of liens; and
• Recording of new or amended articles of incorporation, declarations, and bylaws.

Declarations for the Jupiter Bay West buildings don't define voting interest approvals for changing the proportions by which owners share common expenses.  Because of this, approval by 100% of the owners would probably be required. (See above posting.)

Considerable effort will be needed to address the 4 items listed above and obtain approval of unit owners in each building. These owners will need to agree to pay special assessments to bring their building into synch with other buildings which have higher (or zero) fund balances and higher reserve account balances. Secondly, West unit owners will need to accept, or agree to give up, rental restrictions that are in the West C Declaration.

Jupiter Bay has extremely lax rental policies. Besides requiring vehicle parking permits, the Association only restricts the size of pets, type of vehicles and number of unit occupants. Recent Declaration changes have further loosened vehicle restrictions, permitting additional rentals. Finally, except for West C building, no lease approvals nor transfer fees are required. This results in an environment where any individual, company, or agency can purchase any number of condominium units without Association oversight and rent these units for any number of days to anyone they choose, either directly or through any agency. The Association has no right to review or approve purchasers, tenants, or leases.

Because units are rented to guests more than three times in a calendar year for periods of less than 30 days or 1 calendar month, Jupiter Bay is classified under Florida Statute 509 as a “Transient public lodging establishment”. This classification increases our liability insurance costs.

Current trends show that Jupiter Bay is becoming more of an investor/tenant transient community instead of a primary/secondary home community, and the number of investor-owned units has begun to exceed the number of non-rented units. Also, the average number of rentals per unit has increased and rental length has decreased, trending toward a hoteling community.

While investors are benefiting from this shift, primary/secondary homeowners are burdened with:

• • increased crime/vandalism,
  • additional maintenance and insurance expense,
  • extra utility cost (water, sewerage, and trash removal),
  • fewer board candidates, and
  • office staffing costs for processing leases and parking permits.

There are various measures that the Association can take to protect the community, reduce rentals, and/or compensate for the extra costs. Several of these measures would likely be accepted by the membership but others are more controversial. Following is a partial list of possible Declaration changes:

1. To avoid ownership for purely investment purposes, prohibit ownership by a corporation, limited liability company, partnership, trust, or other entity or company. Allow certain exceptions to ensure that owners can use these types of entities for their estate planning purposes, to ensure that the rights of mortgagees are not adversely affected, and to ensure the association still has the authority to purchase units because of foreclosure or in other appropriate circumstances.

2. Restrict the number of units that can be owned by a person or entity.

3. Bar owners from renting in the first few years of ownership.

4. Enforce the 2002 Arbitrator-approved requirement that leases be in writing and filed with the association prior to occupancy by the tenant, not less than 3 business days in advance of the intended occupancy.

5. As permitted under FL Statute 718.112(2)(i), charge a $100 per applicant, other than husband/wife or parent/dependent child, transfer fee for unit rentals and for unit purchase title transfers. Do not charge for renewal of a lease or sublease with the same lessee or sublessee.

6. Require that a prospective lessee place a security deposit, in an amount not to exceed the equivalent of 1 month’s rent, into an escrow account maintained by the association. The security deposit will protect against damages to the common elements or association property.

7. Add restrictions on number of pets and noisy and raised-chassis cars.

8. Require association approval of transfers of title to units. Allow rejection based on “good cause,” such as the following:

• • A record of financial irresponsibility,
  • A guilty plea or conviction of a crime of moral turpitude,
  • A history of being a “bad tenant”,
  • A false statement on the application, and
  • Failure to comply with the board’s request for a personal interview.

9. Consider amendments to the declaration limiting leasing as follows:

• • Disallow renting or leasing of a unit for a 12-month period following the closing date (or date of recorded deed) of a sale of that unit.
  • Require leases to be for a minimum of 30 days or one month whichever is longer.
  • Restrict owners to a certain number of rentals or leases per calendar year.

Note that an amendment prohibiting unit owners from renting their units or altering the duration of the rental term or specifying or limiting the number of times unit owners are entitled to rent their units during a specified period applies only to unit owners who consent to the amendment and unit owners who acquire title to their units after the effective date of the amendment.

This "current investor" exception is limited to condominium associations. In 2021, the homeowner association's statute (F.S. 720) was amended to say that "governing documents that prohibit or regulate rental agreements for a term of less than 6 months or prohibit the rental of a parcel for more than three times in a calendar year shall apply to all parcel owners". (Current owners are not grandfathered.)

The Association's attorney was wrong when she said at the 3/19/21 board meeting that Jupiter Bay Condominium Association’s parking lots were not common elements. Our Declaration is quite clear on this matter as the following shows:

• 2.5     Common Elements shall include the tangible personal property required for the maintenance and operation of the condominium, even though owned by the Association, as well as the items stated in the Condominium Act, and all those areas of "the lands" not included in the unit.
  • (a) Common elements shall also include the land upon which the improvements described herein are located and any other land included in the condominium property, whether or not contiguous.
• -
• 3.6 (c)   Improvements: Commonly Used Facilities. The Condominium includes ground level parking areas for automobiles located on easements granted to Unit Owners for that purpose; roads for ingress and egress; various gardens, and landscaping; and other facilities which are part of the common elements; and shall include, without limitation, any interest in any real or personal property acquired by demise, grant or otherwise.
• -
• 3.8     Common Elements. Common elements include land and all other parts of the Condominium not within the units and include, but are not limited to, the following items as to which the Association shall have the powers indicated:
  • (a)  Automobile Parking Areas and Streets. The Association shall regulate, maintain, control and have full authority with respect to the use of all parking areas and roads and streets. Automobile parking will be made available to Unit Owners so that each unit will be entitled to one (1) parking space without charge.

Changes to the common parking areas could be considered material alterations requiring a higher unit owner approval level. Restricting certain parking spaces for “trucks only” usage could make these spaces limited common elements for exclusive use by unit residents having trucks.  Here is the relevant declaration language:

• 2.13 Limited Common Elements means and includes those common elements which are reserved for the use of a certain unit or units to the exclusion of other units.
• -
• 6.2 (b) Common Elements: Alteration and Improvement. After the completion of the improvements included in the common elements of this condominium contemplated by this Declaration, there shall be no alteration nor further improvement of the real property constituting said common elements ex­cept in the manner and on the conditions set forth in Paragraph 6.1 (c) of this Declaration of Condominium. Any such alteration or improvement shall not interfere with the rights of any unit owners without their consent.
• -
• 6.1 (c) Alternation and Improvement.   Any change, alteration, addition or deletion described above may be made only after obtaining in writing the following approvals in the following order:
• (1) Not less than eighty percent (80%) of the Directors of the Condominium Association at a meeting called for that purpose: and
• (2) Not less than eighty percent (80%) of the owners of all of the condominium units governed by the Association at a meeting called for that purpose.

Please see the "Ownership" page of this website for additional information.  It is inappropriate for association attorneys to challenge homeowner comments with erroneous information.

Six candidates submitted their "Intent to Run" and "Candidate Information Sheets" to fill the 3 open board positions. The election results were as follows:

Election Summary:

• Total Votes Cast: 265
• Electronic Votes: 118
• Paper Ballots: 147

Donald Spieller, Robert H. Ferry Jr., and Mark Krenzer were elected to serve a two-year term joining current Board members Jack McColgan and Frank Kania.
Following the election, the Board held an organizational meeting and appointed the following officers:

• President: Jack McColgan
• Vice President: Donald Spieller
• Treasurer: Mark Krenzer
• Secretary: Frank Kania
• Director: Robert H. Ferry Jr.

2024 Election

The 2024 Annual Meeting of the Jupiter Bay Condominium Association was held on Thursday, March 21, 2024, at 10:00 AM at the Twisted Tuna second floor. The term of three board members (Jim Kalec, Don Spieller and Frank Kania) was extended for another two years. Laurence Cochran and Jack McColgan will continue for the second year of their two-year term.

At the Board's Organizational Meeting, held immediately after the Annual Meeting, Don Spieller was appointed Vice President and Laurence Cochran was appointed Treasurer. The other three board members retained their prior positions.

2025 Election

The 2025 Annual Meeting of the Jupiter Bay Condominium Association was held on Thursday, March 20, 2025, at 10:00 AM at the Twisted Tuna second floor. The term of two board members (Laurence Cochran and Jack McColgan) was extended for another two years. Jim Kalec, Don Spieller and Frank Kania will continue for the second year of their two-year term. The Board voted on 2/05/26 to appoint Mark Krenzer to replace Larry Cochran and illegally grant Frank Kania a third year of his two-year term.

2026 Election

The 2026 Annual Meeting of the Jupiter Bay Condominium Association was held on Thursday, April 30, 2026, at 10:00 AM at the Twisted Tuna second floor.  Donald Spieller, Mark Krenzer, and Robert Ferry were elected to fill the three open board positions and will each begin a two-year term

Board Positions

This webpage provides information regarding board membership, and the "Roles" page describes the functions of each position.

The following email was sent to the Association's President with copies to the licensed Property Manager and Attorney. No response was received from any of these 3 individuals.

Hi Jim,

In your 2/6/26 appointment announcement you said that Frank is taking Larry’s open director’s position and Mark is taking Frank’s open position. Furthermore, you said that a prior secretary is taking the treasurer’s position, but he will be the secretary and not the treasurer, and a new appointee will take the secretary’s position, but he will be the treasurer. This makes no sense, and it violates the Association’s Bylaws. Treasurers are appointed to replace treasures, and secretaries are appointed to replace secretaries.

Stated correctly, Frank is taking back his prior secretary position and Mark is taking Larry’s treasurer position. Regardless of what you said in your announcement, the Association’s Bylaws, paragraph 4.1, limits board members to 2-year terms, and condominium statutes limit board members to 4 consecutive 2-year terms. Frank’s 2-year term is up in this year’s 2026 election, not the 2027 election. If Frank wants to stay on the board, he will need to run in 2026. A board member cannot step down and then get reappointed to reset their two-year term appointment. Mark will stay on the board another year, filling out Larry’s 2-year term providing continuity in the treasurer function.

Please issue a revised announcement to specify that Kania, and not Krenzer, needs to run for office if he intends to remain on the board.

Thanks,

Paul

The Board overspent budgets in 2024 and 2025 and will overspend again in 2026. Either the current Board is not good in creating budgets, can't manage to the budgets, or a combination of both. Here's a summary of the deficits:

• A $317,969 deficit in the 2024 budget required owner special assessments of up to $1,855. Over budget items included insurance ($408,069), security cameras ($48,168), utilities ($35,260), landscaping ($29,456), and property management ($24,394). The $210,114 insurance special assessment only covered slightly more than half of what was needed.

• The 2025 budget was overspent by $183,317 due primarily to Legal Fees of $73,506, high Repair & Maintenance ($147,593), and high Accounting Costs ($54,115). Security cameras cost $17,180, 5 times budgeted amount. This shortfall was mostly covered by lower insurance premiums.

• Since the 2026 budget is $101,802 less than last year’s budget and $87,725 less than 2025’s actual expense, we can expect another budget deficit. The budget deficit through March 2026 is $93,500.

The Federal Emergency Management Agency (FEMA) has released new flood zone maps effective December 20, 2024. Click on the following link to view FEMA's Online 2024 Flood Map for Palm Beach County: FEMA Online Flood Map.

Here's the key to the new flood zones:

1. A, AE, AH, AD - Special Flood Hazard Area
2. VE - Coastal High Hazard Area
3. X500 - Low Risk Areas
4. X, D - Minimal/Undetermined Risk Areas

According to the maps, Jupiter Bay is in flood zone X (formerly zone C), meaning that we are outside the 500-year floodplain with less than 0.2% annual probability of flooding.

This means that banks and other lending institutions will not require Jupiter Bay owners to acquire flood insurance when obtaining a mortgage on their condominium.

The Jupiter Bay Board of Directors announced on August 29, 2024, that their infamous East C “repair” and renovation project has run out of reserve funds and will require a $303,732 special assessment to pay for Board-approved construction work and previously undisclosed engineering inspections of this work. This estimated $871,555 project equates to $21,789 per unit balcony “repaired”. According to the engineer’s report, extra work could overrun the $871,555 estimate by 25% or more requiring another special assessment.

Of the 40 East C building units, 15 of them (37.5%) were reported by Swaysland Engineering to have “minor” or “no” damage. This is $326,835 of East C reserve funds ($2,421 per owner) wasted on rebuilding balconies that are in relatively good condition. If only needed repairs in this building were addressed, the announced $2,250 special assessment would not have been required. Additionally, some of the $14,000 of engineering resources consumed on this work could have been applied to this year’s mandated Structural Integrity Reserve Study (SIRS) and milestone inspections, completing them on time.

Considering the efficiency of addressing 5-balcony stacks of condos at a time, be aware that the last 5 stacks in East C building had over 50% of units with “minor” or “no” damage. Contractor resources could have been redirected to stacks in East A, B, or D buildings to address more serious repairs. The entire East Association building repair project could have been completed with the available $567,823 reserve money and a small special assessment. Why the Board decided to do this East C all-unit restoration project, which did not result from a milestone inspection, remains a mystery.

It’s important for Jupiter Bay’s unit owners to understand what our Board is doing in addressing Milestone inspections/repairs and the implications of their actions.

Implications: By declaring that the East C building has “substantial structural damage” requiring every unit to be "repaired", Jupiter Bay’s Board is saying that the units in East C may be in danger of collapsing and “unfit for occupancy”. Here are the implications of this rarely used substantial structural deterioration designation:

• Jupiter Bay must report to the local (Jupiter) government enforcement agency that one of our 9 buildings over three-stories high has substantial structural damage, and its units may be unfit for occupancy. A summary engineering report must also be sent via US mail to the building's unit owners notifying them of the substantial structural damage to their building and units.

• If this is the case, then it’s likely that all of our 4 and 5 story buildings have similar substantial structural damage.

• If it takes $857,000 to “repair” this single building, then it would likely take at least $857,000 to “repair” each of the other two East buildings and $686,000 for each of the six West buildings.

• After consuming all available building restoration reserves, every Jupiter Bay unit owner (except for the Villas) would need to be assessed $15,000 to $18,000 (without considering inflation) to pay for the "needed" repairs.

• Per Florida Statute 718.503(2)(a): After December 31, 2024, the information that most Jupiter Bay buildings and units have substantial structural deterioration must be reported to anyone considering the purchase of a Jupiter Bay unit. Also, any pending special assessments will need to be disclosed.

• If the Board follows the East C remediation program, owner balcony improvements, excluding hurricane shutters and hurricane sliding glass doors, will be removed from all Jupiter Bay units in all buildings. This includes removal of floor tiles, glass enclosures, and non-hurricane proof shades.

Florida law is very clear on the definitions of structural deterioration and milestone inspections as defined below:

Structural Deterioration: Per Florida statute 553.899(2)(b):

• “Substantial structural deterioration” means substantial structural distress or substantial structural weakness that negatively affects a building’s general structural condition and integrity.

• The term does not include surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of finishes unless the licensed engineer or architect performing the phase one or phase two inspection determines that such surface imperfections are a sign of substantial structural deterioration.

Milestone Inspection: Milestone inspections are not just concrete restoration inspections like the one done for East C building. Per Florida statute 553.899(2)(a) “Milestone inspection” means a structural inspection of a building, including an inspection of load-bearing elements and the primary structural members and primary structural systems including (Per FL Statute 627.706):

1. Interior floor displacement or deflection which results in settlement-related damage to the interior such that the interior building structure or members become unfit for service or represents a safety hazard.

2. Foundation displacement or deflection more than acceptable variances which results in settlement-related damage to the primary structural members or primary structural systems that prevents those members or systems from supporting the loads and forces they were designed to support.

3. Damage that results in listing, leaning, or buckling of the exterior load-bearing walls or other vertical primary structural members.

4. Damage that results in the building, or any portion of the building containing primary structural members or primary structural systems, being significantly likely to imminently collapse because of the movement or instability of the ground supporting such building.

5. Damage that qualifies as “substantial structural damage” as defined in the Florida Building Code.

Unless you are concerned that your building, unit, or balcony is about to collapse, which is contrary to what our engineering firm is saying, you should join your fellow homeowners in stopping this unnecessary "repair" insanity before it’s too late.

The following email was sent to Jupiter Bay's Board of Directors on 4/23/24.

TO: Jupiter Bay Board & Property Manager,

Florida law (553.899) requires an initial Milestone Inspection (Phase I) of all Jupiter Bay buildings three stories or higher to be completed by December 31, 2024. If the architect or engineer finds signs of “substantial structural deterioration” to any building components under visual examination, phase II of the inspection is required. Phase II repairs must commence within 365 days after receiving the Phase II report.

With a huge financial commitment and all contractor resources through November 2024 being utilized on remediation of the East C building, what if “substantial structural deterioration” is found in any of the other 8 buildings? Based on Swaysland’s 2020 inspection report, 6 West building units, 2 Villas, and one East unit (in East B) had severe concrete deterioration. Swaysland’s East C inspection report confirmed that no units in that building have severe damage, and a Phase II inspection wasn’t recommended.

I believe, without seeing a published plan, that the Board is trying to complete all required building inspections this year. I am concerned that there may be other units found with “substantial structural deterioration” and no contractor resources available to repair them. It is important to remediate as many moderately damaged units as possible before addressing the 15 units in the East C building with minor or no damage. Also, some resources assigned to replace all frames and screens in East C could be redeployed to replace frames that are more severely damaged in other buildings/units. With your announced East C remediation schedule, a small percentage of Jupiter Bay units with moderate (or possibly severe) repair issues will be addressed this year.

Please provide a response to these concerns before proceeding with East C repair work.

Thank You,

Paul St. Clair, LCAM

The following email was sent to Jupiter Bay's Board of Directors on 4/11/24.

Jupiter Bay Board,

Following is a quick analysis of the Association’s financial position and commitment:

Building Restoration

1. Jupiter Bay spent $4,577,291 on building restoration (spalling, roofs, elevators, painting & life safety) projects over the past 14-years.
2. We spent $2,817,965 on concrete restoration/spalling projects over the past 17 years.
3. The average annual expenditure for building restoration was $326,949 and for spalling was $165,763.
4. Our reserves grew to 2.8 million in 2022 and were at 2.5 million at the end of last year.
5. The Board is proposing to spend $857,555 for concrete restoration and screen/frame replacements in 2024 for one East building (Building C).
6. If the other East building restoration costs were the same, this would amount to 2,572,665 for the three 5-story East buildings and possibly $400,000 for East D, a total of almost $3.0 million. With 135 units, this is $22,222 per East unit without counting inflation over the repair period.
7. If the Board approves the $857,555 expenditure for a single building, the probable $22,222 special assessment would need to be divulged at each condominium sale.

Reserve Study

1. The Association is required to conduct a structural integrity reserve study by the year end 2024. The results of this study are to be reflected in next year’s budget.
2. This reserve study will introduce new reserve items including load-bearing walls, other primary structural members, plumbing, electrical, windows, exterior doors, and other items with replacement cost exceeding $10,000. Several of these items may need to be directly addressed by the unit owner.
3. The Association has not yet performed the required reserve study. The last Association reserve study (2014) required a 72% increase in reserve contributions.
4. Our 2024 reserve contributions will be $584,817 or $1,629 per owner (assuming each owner pays the same share). A 72% increase would increase this to $2,800 per owner. This would raise quarterly assessments by $292.75.
5. However, the new structural integrity reserve study could raise quarterly maintenance assessments by a much larger amount.

Conclusion

1. With skyrocketing insurance rates, multiple special assessments each year, and looming additional expected reserve funding, the Association cannot commit to spending $857,555 for a single East building addressing some non-essential items, particularly when major essential repairs are needed in other buildings.
2. Let’s conserve the money we have and be frugal going forward. We are already doing more than most associations in maintaining our buildings and assuring their structural soundness.

Regards,

Paul St. Clair, LCAM

The "Leasing" page of this website has been updated to include an analysis of 2022 rental data and show trends regarding condominium ownership.

The “Alterations” and “Insurance” pages of this website document approval requirements and responsibilities for altering and repairing common elements, limited common elements (e.g., owner balconies) and owner units. For repairs made by the association to an owner’s unit and balcony, responsibility for “incidental” damage is often questioned. Incidental damage is defined as: damage caused by the association’s exercise of its maintenance, repair, and/or replacement responsibility. Damage could include removal of owner alterations and improvements such as floor tile, hurricane shutters, glass enclosures, etc.

Answers to responsibility questions largely depend on whether the association’s governing documents include an “incidental damage" clause, how this clause is written, and the specific circumstances. The damage repair and replacement obligation of the association may be limited to damage caused to the unit and to the original developer-installed limited common elements (e.g., balconies) or it could include damage to any owner improvements including balcony alterations.

Paragraph 6.1(a)(3) of Jupiter Bay’s Declaration says, “All incidental damage caused to a unit by such work [association repairs/replacements] shall be repaired promptly at the expense of the Association.” This applies exclusively to damage caused by Association work within a unit repairing items that the Association is responsible for, such as drywall replacement. Paragraph 6.1(b)(1) says that the Unit Owner is responsible “To maintain, repair and replace at his expense, all portions of his unit except the portions of his unit to be maintained, repaired, and replaced by the Association.”

Since our governing documents contain incidental damage language specific to units and has no similar language for limited common elements, our Association is not responsible for incidental damage caused to owner modifications to limited common elements. In other words, when doing concrete restoration work, the Association is obligated to restore balconies to their original as-built condition, and the unit owner is responsible for all expenses associated with the removal and reinstallation of owner alterations. Similarly, the Association will likely not be responsible to repair any damage to any owner alteration to a unit where the declaration required association approval and the owner failed to obtain approval prior to the alteration.

Generally, the association’s repair obligation is limited to actual damage caused to the unit because of its maintenance, repair, and replacement obligation. If a unit owner is required to vacate their unit for the Association to effectuate repairs, the Association is not generally responsible to reimburse the owner for associated costs.

Finally, If the Association receives a report from an expert advising that certain repairs must be performed, and the Association fails to act, the Association may be responsible for the costs of any damage to the units caused by its failure to act.

Note that opinions expressed in this article are based on research and personal understanding. They do not reflect legal interpretation, and the Association should consult legal counsel for specific inquiries regarding the association’s responsibility for incidental damage.

It is important that all vehicles parked overnight on Association property have a parking permit and that the Association knows who is occupying our condominium units. To help comply with these requirements, the Board of Directors, at their February 16, 2023, meeting, revised the parking permit process. With this change, we now have four different parking passes:

1. Owner's Parking Pass -- This pass is issued for each new owner or new owner vehicle and requires a $25.00 fee.

2. Owner's Temporary Parking Pass -- This is a green placard issued to each condominium owner at no charge. It is kept by the owner and can be used or reused on any temporary vehicle (e.g., rental car) used by the owner.

3. Guest's Parking Pass -- This is a red placard that is registered to the owner and held at the Association office when not in use. The card is used by the owner's family members or other guests of the owner (as defined at the meeting), and it requires a $25.00 fee for the first time it is issued.

4. Renter's Parking Pass -- This pass is issued for each renter vehicle and requires a $25.00 processing fee.  It shows the time period that the vehicle is to be on premises, is only viable for this period, and is not reusable.

This change, together with the previously announced parking permit $25.00 fee resolution will better control parking on Association property while offsetting costs associated with parking pass administration.

On June 30, 2021 the Association issued a revised Guest/Lease Registration form effective immediately.  Changes included:

• The following sentence was added: "Applications must be submitted at least three (3) days prior to lease commencement."
• The following sentences were added: "A copy of a state issued identification (DL) is required for each adult (18 years of age or older) occupying the unit. Please list ages for minor children."
• Ability to list the name and relationship of a sixth unit occupant.
• The list of prohibited vehicles was updated for consistency with the approved amendments to section 10.4 of the Association's Declaration.
• The following sentences were added "Parking permits are required to park on property. Vehicle information must be submitted prior to arrival."
• A new Pet Section was added to the form requiring:
  • A copy of the most recent vaccination information from your veterinarian is required for all pets.
  • A photograph is required for all dogs.
  • Note: Condominium rules do not allow pets over twenty (20) pounds.
  • #Pets, Type & Pounds must be provided.
• A "Check List" section was added to assure that all required information was provided.
• The following sentence was added "I affirm that I will abide by the rules of the Association."

A copy of the new Guest/Lease Registration Form, in MS Word format, can be downloaded from the "Forms" page of this website.

A Palm Beach Post article by Ryan Poliakoff, co-author of "New Neighborhoods -- The Consumer's Guide to Condominium, Co-Op and HOA Living" pointed out problems caused when an association does not have rules defining acceptable owner behavior at meetings.  The Board removed on 9/22/21 the Association's "Recording & Speaking at Meetings" rule #41 and then added it back on 10/12/23 as rule #43.

Florida Statute 718,112(2)(c) says that "A unit owner may tape record or videotape the meetings. The right to attend such meetings includes the right to speak at such meetings with reference to all designated agenda items. The division shall adopt reasonable rules governing the tape recording and videotaping of the meeting. The association may adopt written reasonable rules governing the frequency, duration, and manner of unit owner statements."

Following are highlights of the Association's rule #43, based on Florida Administrative Code recommendations:

• Unit owners' right to participate in and speak at all board and owner meetings with reference to all designated agenda items.
• Board's right to limit each owner’s comments to 3 minutes and disallow subsequent comments from the same owner until others have the opportunity to express their viewpoint.
• Unit Owners' requirement to give advance notice to the board of their intention to videotape or tape record a meeting and to not move about the meeting room while recording.
• Unit Owners' restriction requiring audio and video equipment to be set up before the meeting starts and prohibiting distracting sound or light emissions from the equipment.

Without these provisions and several others, unit owners would be unrestricted on:

• How long and often they can speak at Association meetings,
• Whether they can deviate from the agenda items,
• Their ability to disrupt meetings with video recordings and other means, and
• Whether they can share meeting recordings and videos and post them on websites.

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 permitted to:

1. Use some parking spaces on the back side of the West parking lot (Building F) for employee parking,
2. Allow customers to park on the grass of the entry road, and
3. Allow customers to park in the north lot in the Jupiter Bay East area.

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 alternatives.

Any repairs 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 areas.

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 area.

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”.

Because of 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." Please reference the Rules & Regulations page of this website for more information.

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.

Jupiter Bay 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:

1. All door locks, both conventional key locks and keypad locks, include a set of keys for gaining entry.
2. Access codes may change frequently, possibly for each rental period, causing an administrative issue in obtaining, recording and protecting the most recent access code.
3. Access codes can be memorized and disclosed easily leading to unauthorized unit access.
4. Physical keys can be securely protected in a locked key-control safe in the Association office.
5. It's easier to administrate a single procedure applicable to all 359 condominium units.

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.

In a 9/6/22 email to a unit owner and the Association’s president, our Rosenbaum attorney said that FL statute 718.112(2)(a)1 and the Association’s Bylaws do not provide for appointment of an officer who is not a board member. This interpretation could limit participation by non-board members in special important roles (e.g., budget preparation, vendor negotiations, contract reviews, etc.)

A response was sent from the author of this website listing text from the FL statutes and our Bylaw 6.1 refuting the attorney’s opinion. The statute says: “Unless prohibited in the bylaws, the board of administration may appoint other (besides president, secretary & treasurer) officers and grant them the duties it deems appropriate”. The Association’s Bylaw 6.1 says:

• “The executive officers of the Association shall be a President, a Vice President, a Secretary, and a Treasurer, (none of whom need be Directors), all of whom shall be elected by the Board of Directors.
• The Board of Directors from time to time shall elect such other officers and designate their powers and duties as the Board shall deem necessary or appropriate to manage the affairs of the Association. Officers need not be Unit Owners.”

To confirm my understanding of the statute and bylaw text, I presented the “non-board member officer” question to a well-recognized FL condominium law expert and to an attorney (Ryan Poliakoff) who publishes a weekly article in the Palm Beach Post. The law expert said, “based on your documents and the statute, the board can appoint the person you mention as an officer of the corporation and bring that person under your D and O insurance if your insurance provider agrees.” Attorney Poliakoff said, “the vast majority [of governing documents] allow some or all officers to be non-owners” and that “an association could even hire a [non board member] person to serve as treasurer”. Click Here to obtain the full text of his response: Poliakoff response.

In summary, FL statutes and our Bylaw 6.1 says that the Board can elect officers, who are not board members (and even not unit owners), to assist in “managing the affairs of the Association”. Please reference the Roles & Functions page of this website for additional information on Association Officers.

So far, the Association’s attorney has not issued a correction to her erroneous legal opinion.

The Association's attorney attempted to clarify proposed truck parking changes to our Declaration in her April 30th letter. Following is a response from a concerned homeowner. The attorney has not responded to this nor the prior letter, which corrects her erroneous remarks at the 3/19 Board Meeting.