Kings Point residents 'in revolt' over fee increase

Homeowners want to know where their money is going after increases

Article Courtesy of The Sun Sentinel

By Maria Herrera

Published August 26, 2007 

 

West Delray -- They call it a revolution. It might be a war.

Residents of Kings Point, a 55-and-older retirement community, are holding strategy meetings, rallying their troops to collect signatures and bombarding the neighborhood with fliers.

"This is a revolt," said Polene Belote, a member of a group of residents who have circulated a petition throughout Kings Point. "It's a big thing, people are fed up."

It all started with a $36 increase in recreation fees. Now, homeowners in this 30-year-old community are fighting to see where their money is going, who's handling it, and why. Residents say they have collected close to 450 signatures on a petition demanding to review a line-by-line budget and to get the bylaws published in the community's newspaper. They also aim to oust the existing community board of governors, whose only job is to oversee the recreation area.

They blame Point Management, the board of governors and their condo associations for allowing maintenance fees to grow to as much as $400 per month, on top of special assessments of up to $1,800.

Mike Hyman is president of Point Management, the company that manages Kings Point's recreation area. He said Belote and the others are confused. Point Management and the board of governors only deal with a small portion of the monthly maintenance fees, which are collected by the condo associations in one lump sum.

"There may be as many as four layers of condo control over some individuals," Hyman said. "They are taking the path of least resistance and attacking the board of governors and Point [Management] for documents they are responsible to have and that should have been handed down from seller to buyer over the history of the unit."

The rebellious resident groups sprouted after Point Management held a couple of meetings in July announcing the $36 increase to its recreational fees for facility upgrades, insurance deductibles and to replenish reserves.

Sharon Brown signed the petition, but she has also set up an e-mail address, [email protected], where the estimated 15,000 Kings Point residents can weigh in about what they see as management problems.

"It's just a place for people to vent," she said. "We are concerned about the future of our investment."

Part of Kings Point's problems stem from a complicated governing structure set up in the late 1970s when the community was built, which has been continually amended throughout the history of the community.

There are 182 condominium associations in Kings Point. Each of the 167 buildings is its own. On top of that, some belong to area groups which, in turn, belong to umbrella association.

"If you don't understand it, it can be very confusing," said Jerry DiBalsio, chairman of the Kings Point board of governors. "We are our own landlords and we have to put together the budget and anticipate what expenses we're going to have. If we don't, the electricity goes off."

Many complaints are aimed at the board of governors, which doesn't have to comply with the state's condo law.

Residents say the board operates under a veil of secrecy and that members have retained power for too long.

"People are saying they ought to be investigated," said 30-year resident Mil Tempkin, who is also a director of his building. "Why are these people so entrenched that we can't get them out?"

Residents say they are trying to educate their neighbors so that next time an election comes around, they can begin to change things.

"When people do nothing it is really easy for the other people to start running things the way they think it should be done," said Stan Eisenberg, a resident who is trying to compile the bylaws to understand how the community runs. "When you represent someone, you have accountability to that person."

Bill Raphan, a paralegal with the Department of Business and Professional Regulation, said that over the years the community has morphed into a complicated setup that prevents his office from intervening in some of the disputes. He said he gets a steady stream of calls from Kings Point.

"In reality, what it comes down to is as long as the same people retain power, nothing is going to change," he said. "But somebody is electing these people."

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