Village of Lake Tarpon, Inc
June and Tony's proxy votes were not mailed out April 13.  April 15 the discussion on the proxy is not on the agenda.  The pop corn machine the association wanted to put on the agenda did not happen either.  There are many other more important issues to be discussed.  The following is the 2nd opinion discussed March 18. 
 
 
 
 
 
 
 
 
 
 
 
 Also see copies under YOU the Owner VOTE
 
 
 
See TO THE BOARD for comment on the January 21 meeting.
I, the signer of the letter that went out with the rules and regulation did not do so, as June stated at the board meeting, to "cause problems", I did it for your right to know. 
February 8 at 6pm, will be the first Monday board meeting to discuss the unapproved Rules and Regulations.  This will be where we hear what the board will adopt into language for the owners to vote yes or no.
The original committee to look over these Rules and Regulations "one year and four months ago" did what was the right thing to do.  They took what rules were on record in the office and revised the language of what we had.  They did not add the rediculous demands made in these 16 pages circulated in January.
 
ANNOUNCEMENT
All Regularly scheduled Board Meetings
Date     January 21, 2010
Time       6:00 PM
We will begin to review the new proposed Rules and Regulations for our Village.
The paralegal from our Attorney’s office will attend to answer any legal questions the board may have.
After the Board has discussed these we will have 2 or 3 Town Hall Meetings for the residents input.
Hopefully we will be able to vote in early March.
 
 reresuts of vote - FULLY FUNDED RESERVES - LOST 
 
 
 
 
 
December 17, 2009 (Board meeting and "proxy" vote sent to all owners)...
 
In Defence of Bob Duggan
It is the principal of the matter that counts. Nothing else.
Tony gave Bob Duggan the attached portion (of statute 720) in support of his position on Reserves and what a quorum can do, basically telling Bob "shut up and in your face". Tony tells Bob read paragrapg (f) of the attachment. Paragraph (f) is one paragraph out of chapter 720 FS.
This is what I find interesting on Tony's handout.
Attachment Paragraph
(c) ................IF a HOA has Reserves...........not a HOA must have reserves, but IF.
(d) ................initially membership votes for Reserves (and I will add its make up)......not the Board votes for Reserves, initially membership votes.....
(f) .................Once reserves are established.......*****NOT TO ESTABLISH reserves***** like Tony is trying to do but.......Once reserves are established, a quorum could change the reserves.
I got to laugh because Tony says a HOA must have reserves BUT he handed out a paper that says otherwise.
Last night Tony tried to establish reserves using a quorum yet his paragraph (f) does not allow for it. I will add paragraph (d) does not allow for it as well.
 
 
 
 
December 10, 2009
 
The question and answer meeting with Tony from Ameri-Tech explained the new budget and the proxy vote that was sent out to be voted on at the next board meeting next Thurday December 17. 
 
The issue of a NO vote or non-vote was cleared up at this meeting.  The threat of increasing the maintenance by $6.71 as stated in the "reserve analysis"...is not true.  Tony stated, this is a win win situation; that If there is a NO vote, the monies will be transferred from the newly added line item (6100) this year 2009 of $35,000 in the operating expense accounts to the reserves to make them "fully funded"  This is new language this year from Ameri-Tech.  We have never had "fully funded reserves vs. partially funded reserve" language before. 
 
The question was asked, "When did the board vote to Recommend this fully vs partial funding vote?". It was not at the October or November meeting.  Tony and June Sloan agreed that there was a discussion in September 2009 with an explaination from Ameri-Tech to the board; June remembered  when Sue Anderson debated issues on the flip chart presentation Ameri-Tech prepared for Tony to present to the board at the September meeting. 
 
After reviewing the September 2009 board meeting, the discussion of the 2010 budget by Ameri-Tech had no reference to a  vote made by the board  to any recommendation to fully or partially fund the reserves, nor was there any discussion of any vote planned on this issue for the owners of Lake Tarpon Mobile Home Park in any meeting September, October or November for this December vote.
 
 
 
 December 8, 2009 
 
I have heard that residents are throwing their proxy page sent by Ameri-Tech in the waste basket.  This may be a problem.  It will have to be an important question placed before Ameritech this Thursday December 10 at the clubhouse question and answer session.  This non-vote is a NO vote.  And the double negative language used is a dangerous language for this village.   It appears that the language is guided to assessment and the owners are not happy with this new annual vote put in place by Ameri-Tech.  When Ameri-Tech was asked at the December 3 meeting why it was done this way  the answer was, they always do it this way.  But this management company manages more condominiums than corporations owned by residents, 86 at present.  Last year they had over 100.
 
 
 
November 30, 2009
To:          All members of the Village of Lake Tarpon H.O.A.
From:    Tom Kulaga        211 Independence Ave
Subject:   Ameri-Tech (A-T) prepared/Board approved VLT Reserve Analysis
Good morning everyone, today I hope to bring some good news and humor to every homeowner member of the Village of
 Lake Tarpon Homeowners Association.  I had an opportunity to examine the attached VLT Reserve Analysis that by now you
all received in the mail.
The idea behind preparing a Reserve Analysis is to isolate future non-recurring capital expenses of a large dollar amount.
 Ameri-Tech did a fine job except for adding a line item “Infrastructure - $150,000”. Clubhouse Roof, A/C units, Pool House,
Deck, Roads etc. are the Infrastructure items.  A-T itemized the items. There is no need to have a catchall item called
Infrastructure.  You cannot have it both ways.
Reserving $15,000 for the Pool Deck in four years is questionable. Our pool deck came with the pool about 39 years ago.
Sue DiGrandi (PMS Management) had a contractor come out to look at the pool deck during her last month on the job and
the contractor saw nothing wrong with the deck. He gave it a minimum ten-year life.
Reserving $50,000 for the Boat Ramp and scheduling replacement in two years?  Reserving $10,000 for Shuffle Courts and
scheduling its replacement in one year? Please, please, please…No offense to boaters and Shufflers but A-T said once we
set aside money earmarked for these line items 75% of the HOA membership has to vote to use the money otherwise.
Don’t we need to repave old roads first?
Reserving $400,000 for Road – Paving when anyone and his brother that wanted to know knows Philadelphia Blvd., portion
of Liberty Way, Independence Ave., Delaware Ct., a portion of Concord Lane,  and John Hancock  Lane could have been
repaved for approximately $200,000 at last years asphalt prices. So I ask why schedule $400K when $200K is the best
estimate. If A-T meant to Reserve money for “sealing” roads, it ought to have a separate line item for “Sealing Roads”.
Now that I established these viewpoints, the humor is our Reserves are “currently underfunded by $299”. That is right, our
Reserves are “currently underfunded by two hundred and ninety dollars”.
If we would be honest with ourselves and use the column labeled “unreserved amounts totaling $365,000” and consider
the useful lives of the assets with values in that column we need to have $118,524 in reserves at the end of 2009. Per A-T,
we have $118,225 on hand. We are short $299.
We are in great shape financially. I have said this all along. As individuals, we have to take some time, look at the dollar figures
presented, and do our own analysis.
By the way, at the end of October, our “Cash In Bank” was approximately $267,000. A-T does not report our total cash in bank.
Most HOA members have no idea how much money we have in the bank and that in itself is a problem. By year-end, our Cash in
Bank will be approximately $283,000.
 
This is the letter torn out of the bulletin in March 2009 by June Sloan the president of the board at the time. this is a direct violation of the First Amendment of The Constitution of the United States. This is breaking the law while making them for our village in 2010.  This woman then directed and then paid for with the owners' money Jonathan James Damonte to write a lengthy letter to Tony stating "you are not authorized to prepare any correspondence, flyer, bulletin, or other writing for under , or using the name of Village of Lake Tarpon."
 
How We Function under State Law:
We formed a Corporation not for profit in 2004, after the LC formed their Corporation for profit which was challenged in court and they lost in February 2004 in a judgment by Pinellas County Courts. We did not form an association. Attorneys who say "in their opinion" does not make it an association, or does it make it a truth. Lake Tarpon Village has had an association for its social activities since 1966. The common grounds are owned by a corporation not for profit, and we fit into that category legally, and several owners are now asking for individual title attesting to our individual ownership in the event there is a board decision to sell our interest.

The ownership of the common area was maintained by the developer, Henry Marion and C.J. Larson after purchasing an orchard called Binders Groves and each owner thereafter through the Covenant language. The owner in the Covenant was, and still is, referred to by the term "management." It is the Corporation that owns the common
grounds, not an association. There was never a vote taken to change this to a HOA by LC, Interim Board, Joint Task Force, Oversight Attorney-Hightower (then temporary owner of LTV), Oversight Group, Attorney-Appointed Board, or the first elected board forming the Village of Lake Tarpon, Inc., nor at a Town Meeting of the owners.  Demonte is following the board's lead telling us "his opinion" and opinion is NOT fact. The common areas are not owned by an association, they are owned by The Corporation not for profit. If there is a lawsuit over this issue, we the owners will pay for both attorneys win or lose, and we would win. Documents do not lie.  There is a huge push to change the language in our covenants. Would this be the reason?

The Board would have more authority as an association board normally used for condominiums. Additional powers may include liens and assessments without vote that fall under an association board's authority under State Law to protect the common dwellings of a condominium or the trailer owners in parks and remember...we are not a trailer park by definition of rented lots like a trailer court or park. We are owners of a Corporation not for profit, not a park.  We, the owners vote for a board for our Corporation, we did not vote for a 9-member association board. The association, the boat club, and the veterans have annual meetings to have its members elect their boards. By purchasing into Lake Tarpon Village you are owner of the land your home sits on, and you are owner of a 15-year mortgage with Bank of America for the common grounds that will be paid for in 2018. Remember a person can have a mortgage on property in their name and have someone else's name on the deed; that's what this is about. We want to make sure the deed on the common ground is addressed to us, the owners who paid for it. The LC were given shares. We the owners are paying for it, and we the owners should have title to IT individually, especially by January 10, 2018 when there will not be a lien, and there will not be any time to rescue any mistakes made in language. We are not a HOA.

Tony Moscato 200 Philadelphia Blvd.

 

 

 
 
 
                                                                                                   
 
Concerned About Your Village?
February 4 Thursday
Town meeting 5pm.
February 8 Monday
Town meeting 6pm
 
 

Concernded About Your Village?
February 11 Thursday
Town meeting 5pm.
February 15 Monday
Town meeting 6pm

 
Concerned About Your Village?
February 18 Thursday
Board  6pm.
February 22 Monday
Town meeting 6pm
  

                                                                                                      
End of Year Comments
 
 
 
 
 
 
A
Ameri-Tech meetings December 3, 10 and the 17th & the board... all meetings to direct our village to vote FOR reserves. We have never voted for reserves before, therefore there isn't a problem in funding them.
 Now with Ameri-tech pushing this through with double negative language and a proxy vote.  If passed, it will allow the board and the management company to make the decisions on what amount must be placed in the reserves.  It will be another problem for our village to be mis-directed into more assessments as in the past.  More money than the half-million dollars already utilized. More money, more hanky panky.

 

 

 

 

December 3, 2009
So What's the problem with $270,000 Cash On Hand???  Our revenue yearly is over a half million.
 
All bills are paid.  Our projects have been funded, and now the consensus is we are not able to fund our reserves.  What does it say to you from our track record  below?
 We started out with NO reserves
March 2005 we, the "site owners of record" now "owners of the Property" began with a $1.4 million mortgage to Bank of America.
 
We owe to date $1.1 million
 
WE HAVE  PAID FOR
(and never had trouble paying for):
Approximately  $444,000 with
*ClubhouseAir Conditioners $15,000
*Clubhouse roof $25,000
 *Colonial to Independence drain summer weekend poject $40,000
*Colonial drain  $54,000
*Drain that goes nowhere $140,000(Ed) end of Colonial
*Colonial - paved $110,000
*Seawall repair Colonial $10,000
*Misc. $50,000
    *Added repairs for solar panels
    *Patching roads
    *Tools used by owners
    *Golf cart maintenance
    *light bulbs, ceiling tiles
    *roof repair
 
 
 
 
 
 
 
Concerned About Your Village?
December 2010
Join in Board meetings 3rd Thurs.
Association as of December 2010:
Our underused clubhouse is putting on a new face this month.  All clubs in the village have come together in ONE place once a month.  Be sure to attend each 2nd Tuesday at 7pm.  To join it will cost  you $5 each January unlike all other clubs that begin in August each year.  No money necessary to observe at these meetings. 
 
Why $5?  I am not sure.  You belong to it anyway, and they have more than enough fund raisers to support whatever they do.  Now that we the "site owners of record" pay for any physical need the clubhouse has anyway with our joint monthly maintenance paid to run our "Property". 
 
To be a part of the governing body at the association, you must belong to one of the numerous clubs that utilize the clubhouse.  It seems to be a winner!  The clubhouse was used a great deal back in 1997 when we were whole.  We're back...maybe not.  Time will tell.