Article
Courtesy of Miami Herald
By YAHNILET
COLON
Published October 1, 2006
The Village of Kings Creek Condominium Association
will not be issued a monetary fine at this time, Department of Business
and Professional Regulation spokeswoman Kristen Ploska said Monday.
The association faced a possible $5,000 fine after
it was issued a warning letter by the department for misuse of association
funds in late April.
''The response of the association was to notice a
meeting to amend their bylaws so they would no longer be in violation by
using the funds to oppose the rezoning. Thus, they are now in
compliance,'' Ploska wrote in an e-mail to The Miami Herald.
The letter from the DBPR requested a written
response from the board regarding the use of $10,000 in association funds
to hire an outside attorney to contest Dadeland Breezes, a development
project rejected by the County Commission last year.
Hiring an attorney was found to be a violation of
Florida statues because it did not fall under operation and maintenance of
association property and other common expenses, according to the warning
letter.
Association President Astrid Buttari said she still
believes the funds were used properly because Dadeland Breezes would have
directly affected the entire community.
Now, however, ''we made it more explicit,'' she
said.
The Village of Kings Creek is at approximately
Southwest 82nd Street and 77th Avenue.
Buttari said meeting notices have been properly sent
and posted for homeowners, informing them of the Oct. 5 meeting and its
agenda, which includes two amendments to be voted on by the board.
According to the notice, the first amendment would
allow ``the Association to expend up to $10,000 for the hiring of legal
counsel and experts for the purpose of protecting the health, safety and
property value or issues that may impact the quality of life of the
Association such as development and/or zoning issues.''
A second amendment which would allow the association
to conduct social events for residents, including an annual Thanksgiving
party, is also mentioned in the notice.
Buttari said the second amendment is in response to
complaints from some homeowners that the association uses funds in other
inappropriate ways.
Homeowners had previously complained of the use of
funds for clubhouse parties and personal expenses.
Buttari said up to $5,000 may be agreed upon by the
majority of the board for community events.
News of the proposed amendments doens't sit well
with some residents.
''Their arrogance shows in their decision to move
along in this fashion,'' said Eric Collazo, a former board member.
Lance Paskewich, the homeowner who brought the issue
to the DBPR's attention in February, said he is concerned the amendments
may act as blank checks.
''[They're] setting a dangerous bylaw for future
boards,'' he said.
Paskewich added that he hopes the board will realize
the uncertainty present in voting for such a bylaw.
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