Published July 30, 2003
By WAVENEY ANN MOORE
ST. PETERSBURG
- Several residents at Bayfront Tower, the first of the city's high-rise
condominiums, have filed an extensive complaint with the Florida Department
of Business and Professional Regulation.
They are angry about a range of issues,
from how this year's elections were conducted by the building's association
to what they have termed "financial improprieties and illegalities" to
the way the condominium board plans to handle repairs at the upscale waterfront
property. Much of the dissatisfaction appears to have been generated from
disagreements concerning costly repairs proposed to the complex of about
250 units.
Board president Jacqueline Ley Brown downplays
the dispute at One Beach Drive SE. "We are working with concerned owners
and other owners in the building to come up with a satisfactory solution,"
she said.
In any event, on June 16, seven residents,
Donald Jenkins, Robert P. Kalle, Michael McDowell, William H. Mills Sr.,
Emil A. Pavone Jr., Edmund Schmidt and W. Gordon Spoor, registered their
dissatisfaction with Bayfront Tower's board in a 27-page complaint to the
Division of Florida Land Sales, Condominiums and Mobile Homes.
They listed 14 items of concern, among
them the association's February elections. Only one of five board members,
retired Navy Capt. William Walker, the board's secretary, "was indisputably
elected to office," the complaint states.
The residents allege that the board improperly
used the association's financial reserves and illegally entered into contracts.
As an example, they say one board member engaged a public insurance adjuster
without competitive bids.
The seven apartment owners, who are asking
the state to find that board members "repeatedly and illegally acted beyond
their authority," say Bayfront residents have been denied the right to
attend board meetings and have access to association records.
Specifically, they state in the complaint,
Mills was denied access to records of cash distributions made by the association
to its employees, despite a written request. Pavone was not allowed to
see computer records of a vote tally for the 2003 election of board members.
Among other concerns, the complaint also alleges that unit owners have
been denied the right to attend committee meetings, that a committee to
recruit a new building manager met in secret and that the board of directors
meets to discuss association business without posting required notices.
Meg Shannon, acting communications director
for the Department of Business and Professional Regulation, said the state's
investigation is in the preliminary stages.
Reached by telephone, Spoor, one of the
residents who signed the complaint, declined to comment. Others did not
return calls. In a June 30 letter, though, those who submitted the complaint
explained their position to other Bayfront Tower residents. Calling themselves
the Concerned Owners Committee, they said it was with "heavy hearts" that
they had filed the complaint with the state.
It was about two years ago that the announcement
was made that moisture had seeped into the 29-story building and rusted
steel studs that hold the outside walls in place. An engineer hired by
the condominium board reported that the building - completed in 1975 -
was structurally sound, but that sections of its exterior walls, from the
eighth to the 27th floor, would have to be replaced.
Deciding how to fix the problem pit some
residents against the board. The residents who are complaining said in
their letter to fellow condominium owners that the association's building
committee had announced it would fix the problems at a cost of "well over"
$4-million. The residents contend, however, that engineers who live at
Bayfront Tower - "men far more experienced and qualified in matters relating
to building construction than anyone on the Building Committee or Board,"
indicate that the work can be done for far less.
One person who is undisturbed by the course
the dispute has taken is board secretary Walker.
The state will tell the condominium what
it is doing correctly and provide guidance for the things that need correcting,
"which we will implement immediately," said Walker, who has been described
by the concerned residents as "a member of the board who shares our concerns."
Bayfront Tower will work through this problem,
said Louie Adcock, treasurer of the board and an attorney with Fisher &
Sauls. |