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From: Michael B Dan <[email protected]> Sent: Wednesday, September 25, 2019 5:21 PM To: Daniell Romine <[email protected]> Subject: Copies of Certified Letters Sent Today Hi Daniell, Attached, please find a letter re campaign activities and a records request sent certified today. Best wishes,
Michael B. Dan
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Michael B. Dan +1 (561) 808-5155 – [email protected] – Skype: juno_beach_boy
From: Daniell Romine <[email protected]> Sent: Wednesday, October 2, 2019 1:36 PM To: Michael B Dan <[email protected]> Cc: Amanda Oliva <[email protected]>; Brian Fahrer <[email protected]> Subject: FW: Copies of Certified Letters Sent Today Good afternoon, I wanted to get back with you to see if Wednesday, October 9th starting at 10 AM was available for you to complete your records request? In review of the documents attached, if I may please remind you from a prior records review your had reached out to many Owners, and several of those Owners had reached out to Mgt. expressing their discomfort and or displeased at being directly approached without their consent. Therefore, on behalf of the Association please review the below following sections of the governing condo docs and governing your actions accordingly. Declaration of Condominium Section 17.6, Nuisances. Declaration of Condominium Section 17.11 Exterior Improvements. Schedule “A” to By-Law-Rules and Regulations Number 7 & 12 Thank you kindly, and I look forward to your response so that I can schedule time accordingly to accommodate your request. Respectfully, Daniell Romine, LCAM General Manager
San Matera the Gardens Condominium Association, Inc. 11910 Kew Gardens Ave. | Palm Beach Gardens, FL 33410 Office: (561) 694 5965 | Fax: (561) 694 – 5968 Office Hours: MON-FRI (9:00 AM- 5:00 PM) E-mail | Website | Facebook | Twitter | LinkedIn
From: Michael B Dan Sent: Saturday, October 5, 2019 1:24 PM To: 'Daniell Romine' <[email protected]> Cc: Amanda Oliva <[email protected]>; Brian Fahrer <[email protected]> Subject: RE: Copies of Certified Letters Sent Today
Hi Daniell,
Thank you for your email. We cannot do it on the 9th, but we can do it on the 10th or 11th at 10 am? Will either of these dates suit you?
Regarding the previous document review and the reaction from owners, let me remind you that the SM Office sent out a warning to all owners and renters to elicit this reaction. Given the current situation at San Matera with lots of unfinished buildings and no plan going forward, I think that a lot of owners would appreciate hearing from candidates with other visions for the future than that of the current board. There are the following additional considerations:
1. The board is only reacting to political speech. Apparently, it does not mind commercial door hangers. Comcast, churches and pizza places have blanketed the community with door hanger, even the doors of garages. Has SM issued cease & desist orders to these commercial entities? I certainly have not heard about it.
2. Political speech is different than commercial speech, and it becomes much more an issue of freedom of speech.
3. This will affect a very limited number of residents, since you only have about 120 owners resident in San Matera. Only owners vote in elections, so obviously, you would never bother renters.
I have not made up my mind what to do in this matter. However, it would be refreshing if the board and the SM office cared as much about the ability of owners to vote as nuisances. Sending out election notices 2 weeks in advance prevents many voters from voting. The deterioration of the service of the US Mail & Canada Post results in mail to Canada often taking 10 days, and return mail a similar length of time.
Bothering any unwilling residents would not be necessary, if SM ran proper, democratic elections with e-voting, 2nd election notices (ballots) sent out more than 30 days in advance and a couple of election events to introduce the candidates before the election.
I look forward to hearing from you.
Sincerely,
From: Daniell Romine <[email protected]> Sent: Saturday, October 5, 2019 6:14 PM To: Michael B Dan <[email protected]> Cc: Amanda Oliva <[email protected]>; Brian Fahrer <[email protected]> Subject: RE: Copies of Certified Letters Sent Today
Good afternoon, Thank you for your response and shared thoughts. Let’s schedule for the 11th of October @ 10 AM. If I may, at the upcoming October Meeting, you will find that the new GC through discussion and planning with the Board that there is a plan in place to address the San Matera community in and through the construction project for all buildings. Also that the management firm has and as verified by the DBPR have adhered to both the governing docs for San Matera and F.S. 718 guidelines for handling the mailouts for the Annual Meeting for the association since our arrival in 2018. As an example, if you recall after the notification of both J. Durham and T. Dan would require the 2/3 vote to be re-elected, you asked me to create an error in the 2nd Notice so that it would allow a restart of the annual notices therefore allowing you to submit a bio placing you on the ballot for consideration. I informed you, Tatyana, Jackie, and Maryann (all present in the Clubhouse) that I would not do such action as that is a direct reflection of my skills and the management firm I represent; and would cause APM to pay for the cost of redoing the notifications. This is a direct example of how I will adhere to the policies unless provided to me in writing to handle otherwise.
In addition to and on behalf of the management team, I kindly ask that you not speak for management as without dialog with us could you honestly speak about what we care about and for the San Matera community. My reference of prior involved Owners within the community and Agents who represent them who reached out with sincere concerns of the actions you took. Every Owner who purchased a unit in San Matera has a right to their voice being heard as it applies to their investment and or home. Thank you and enjoy your weekend. Respectfully, Daniell Romine, LCAM General Manager
San Matera the Gardens Condominium Association, Inc. 11910 Kew Gardens Ave. | Palm Beach Gardens, FL 33410 Office: (561) 694 5965 | Fax: (561) 694 – 5968 Office Hours: MON-FRI (9:00 AM- 5:00 PM) E-mail | Website | Facebook | Twitter | LinkedIn
While I attempt to answer all emails in a timely manner, due to the high volume of requests, property activity, and email communicaitons it could be several days before an email response is issued. Your patience is appreciated. Thank you.
Michael B. Dan
[email protected] C +1 (561) 808-5155 Skype juno_beach_boy 2808 Amalei Drive # 104 Palm Beach Gardens FL 33410 U.S.A.
Author: Michael B Dan; Date: 6-Oct-19; Name/Subject: L 2 D Romaine CC- B Fahrer & A Oliva - Response to Your Email of 0905 - 20191006
Email: [email protected] Daniell Romaine General Manager San Matera the Gardens Condominium Association, Inc. 11910 Kew Gardens Ave Palm Beach Gardens, FL 33410
October 6, 2019
Ref.: San Matera the Gardens (SM)
Re: Response to Your Email Dated October 5, 2019
Hi Daniell,
Thank you for your email dated October 5, 2019. We will be delighted to come to the club house on October 11 at 10 am.
Let me first emphasize that my interest focuses on the upcoming election, not elections in the past. The upcoming election will determine the future of SM. Past elections only
Daniell Romaine General Manager San Matera the Gardens Condominium Association, Inc. October 6, 2019 Page 2 of 8.
Michael B. Dan
Author: Michael B Dan; Date: 6-Oct-19; Name/Subject: L 2 D Romaine CC- B Fahrer & A Oliva - Response to Your Email of 0905 - 20191006
have historical and forensic interest as the 60 day complaint period has long since expired.
I have the memory of an elephant, yet somehow, I cannot recall the meeting with MaryAnn, Jackie, Tatyana and you in the club house. I do remember an exchange of letters to postpone the election, which you decided not to do, see attachments A & B. In my view, democracy is more important that a small sum of dollars for an election. Essentially, the election costs about $5,000, which is the equivalent of less than week’s worth of landscaping (including extras).
That said, no one covered themselves in glory at the last election. The SM attorney should have informed the candidates of the term limits far earlier. It was not exactly a surprise. Moreover, AP management, most of whose executives are lawyers, should have done likewise.
The only relevant lesson from the 2018 election is that sending out the 2nd election notice 2 weeks before the election is an electoral disaster, which deprives many
Daniell Romaine General Manager San Matera the Gardens Condominium Association, Inc. October 6, 2019 Page 3 of 8.
Michael B. Dan
Author: Michael B Dan; Date: 6-Oct-19; Name/Subject: L 2 D Romaine CC- B Fahrer & A Oliva - Response to Your Email of 0905 - 20191006
owners of the right to vote, particularly out of state owners. See exhibit 1 below & attachment C.
I only evaluate the management company on its deeds, not on its opinions. If the Management Company disagrees with
Daniell Romaine General Manager San Matera the Gardens Condominium Association, Inc. October 6, 2019 Page 4 of 8.
Michael B. Dan
Author: Michael B Dan; Date: 6-Oct-19; Name/Subject: L 2 D Romaine CC- B Fahrer & A Oliva - Response to Your Email of 0905 - 20191006
the Board, it has ample opportunity to say so at the board meetings. So far, I have been disappointed with the role of the management company. But since I am writing to you, I might as well ask the following:
1 Does AP Management believe that all owners have a right to vote.
2 What lessons did AP draw from past elections at SM?
3 What does AP believe is necessary to have a successful democratic election with above 20 percent voter participation? This is highly relevant as most of the elections at SM failed and resulted in rollover boards.
4 Does AP make its professional opinion on election matters clear to the board in the form of memos. Or does AP believe that all election matters are to be decided by the board without advice from AP?
5 Does AP consult with the post office how long time it takes to send the election notices to key constituencies in e.g. Canada. Apparently, at the last Board Meeting, Mr. Meoqui thought that only a mail strike could prevent the ballots from reaching Canada.
Daniell Romaine General Manager San Matera the Gardens Condominium Association, Inc. October 6, 2019 Page 5 of 8.
Michael B. Dan
Author: Michael B Dan; Date: 6-Oct-19; Name/Subject: L 2 D Romaine CC- B Fahrer & A Oliva - Response to Your Email of 0905 - 20191006
He is obviously misinformed. Aa you can see from exhibit 1, no owner in Canada voted in the last election. Sending and receiving mail from Canada takes more than 11-15 business days. If you ask the post office, you will quickly find out that it takes 8-10 days for Priority Mail to reach Canada – you send the 2nd election notice by 1st class mail, which is cheaper and can only take longer. Moreover, Post Canada says it takes 6-8 days to send a letter from Canada to the US, see attachment D. Sending out the ballots 2 weeks before the election is a strategy for a rollover.
Please surprise me. Together with the Board, the Management Company should announce to the community that both the management company and the Board believe in competitive elections. Therefore, the Board and Management company should take the following actions:
1 Send out the 2nd election notice and ballots 34 days before the election. This does not take more work from the SM office, see attachment E.
Daniell Romaine General Manager San Matera the Gardens Condominium Association, Inc. October 6, 2019 Page 6 of 8.
Michael B. Dan
Author: Michael B Dan; Date: 6-Oct-19; Name/Subject: L 2 D Romaine CC- B Fahrer & A Oliva - Response to Your Email of 0905 - 20191006
2 Hold two meet the candidate meetings before the election. Videos with good sound should be available on the SM website the next day.
3 Form an election committee tasked with encouraging turnout.
4 Open an election part of the SM website, where candidates can post opinions, resumes and other content to promote themselves.
5 Send out emails to remind people to vote.
6 Conduct robo calls to encourage voting.
The failed elections at SM are not the result of a nefarious confluence of inauspicious events. They are the direct result of the Board and Management Company not wanting competitive elections. Look at the successful reserve vote in 2016. The Board and Management wanted a successful vote and accomplished it: 274 voted and the board secured 210 votes to pool the reserves, see attachment F.
Daniell Romaine General Manager San Matera the Gardens Condominium Association, Inc. October 6, 2019 Page 7 of 8.
Michael B. Dan
Author: Michael B Dan; Date: 6-Oct-19; Name/Subject: L 2 D Romaine CC- B Fahrer & A Oliva - Response to Your Email of 0905 - 20191006
* * *
My message to the Management Company is: Do something to deserve the respect of the owners. We want results, not loose talk.
Now the ball is in your court. Please enjoy the remaining part of your day of rest.
Yours truly,
CC: Brian Fahrer
Amanda Oliva
Daniell Romaine General Manager San Matera the Gardens Condominium Association, Inc. October 6, 2019 Page 8 of 8.
Michael B. Dan
Author: Michael B Dan; Date: 6-Oct-19; Name/Subject: L 2 D Romaine CC- B Fahrer & A Oliva - Response to Your Email of 0905 - 20191006
Attachments:
Index Description
A. Email from Tatyana Dan to the Board Dated November 16, 2019.
B. Response from Randall Rogers Dated November 16, 2019.
C. When Ballots Are Only Sent Out 2 Weeks in Advance, It Sucks Living Outside Florida! – Facebook Post Dated September 13, 2019
D. Can the Canadians Vote, if SM Sends the Ballots out 2 weeks in Advance of the Election? – Facebook Post Dated September 12, 2019
E. Does Sending Out the 2nd Election Notice Take a Lot of Work for The SM Office?! Facebook Post Dated September 20, 2019.
F. Minutes from Board Meeting April 19, 2016.
Tatyana N. Dan
[email protected] C +1 (561) 768-1881 Skype juno_beach_girl 2808 Amalei Drive # 104 Palm Beach Gardens FL 33410 U.S.A.
Author: Tatyana N. Dan; Date: 16-Nov-18; Name/Subject: letter to the Board 11-16-18
MaryAnn Morrison Jackie Durham Jon Markoulis Tony Meola Daniell Romine ([email protected])
Palm Beach Gardens, FL, November 16, 2018
Ref.: San Matera Board Elections
Re: Eligibility for Board Election & Substitution of Candidacy
Dear Members of the Board & Daniell:
On November 8, 2018, Daniell, Jackie Durham, President of SM and I had a conference call with Mr. Rogers regarding the candidacy of Jackie and yours truly to run for the board. During the conversation, it readily became apparent that you can only serve for 8 consecutive years on the board of any Condo Association, unless you receive a super majority of 2/3rds of all votes cast in the election. I was furnished with a decision by the Florida Department of Business and Professional Regulation (#DS2018-35 – cf. attachment A), which supports the requirement for a super majority. The deadline for submitting resumes for the election to the San Matera board was October 18, 2018. This puts me in a difficult position: I did not know about the requirement for a super majority when I submitted my resume and would not have run if I had known. I would never want to submit my resume to the owners of San Matera in an election, unless I competed on a level playing field, had a chance to win and represent them. Instead I would let my husband run. He is eminently qualified and has been a member of the San Matera board in 2009.
Attachment A: Email from Tatyana Dan to the Board dated November 16, 2019.
MaryAnn Morrison Jackie Durham Jon Markoulis Tony Daniell Romine ([email protected]) November 16, 2018 Page 2 of 3.
Tatyana N. Dan
Author: Tatyana N. Dan; Date: 16-Nov-18; Name/Subject: letter to the Board 11-16-18
In response to the conference call referenced above, my husband, Michael B. Dan sent a letter dated November 10, 2018 to the Manager of San Matera, Daniell, & the President of the board, Jackie Durham (cf. attachment B), requesting a postponement of the election so that he could be a candidate and submit his resume in lieu of mine. No one responded to this letter. Many San Matera owners might vote for me, not knowing that I am not allowed to compete on equal terms with other candidates. It would be unethical of me to waste votes in this manner.
To resolve the situation, I suggest the following course of action:
1 Email blast be sent to all owners eligible to vote that I have been informed after the resume submission deadline that I am not allowed to run for the board on equal terms and therefore feel compelled to withdraw my candidacy to avoid misrepresenting myself to the owners and voters of SM.
2 My husband, Michael B. Dan be allowed to run in my place and SM substitute my resume for his (cf. attachment C for his resume. Any vote for me is a vote for him. I suggest that you distribute his resume in the same blast email as you communicate the message in point 1 above.
3 I resign my position on the board effective on election day.
* * *
I hope that we can agree on the above course of action and am ready to meet with you to discuss next steps.
Yours very truly,
MaryAnn Morrison Jackie Durham Jon Markoulis Tony Meola Daniell Romine ([email protected]) November 16, 2018 Page 3 of 3.
Tatyana N. Dan
Author: Tatyana N. Dan; Date: 16-Nov-18; Name/Subject: letter to the Board 11-16-18
Attachments:
Index Description
A. DBPR Decision no DS 2018-035
B. Letter from Michael B. Dan to Jackie Durham and Daniell Romaine DatedNovember 10, 2018.
C. Resume of Michael B. Dan to substitute for mine in the Board Election.
I- t ,,.
From:Wllllam G Morrla P.A. 239 642 0722 06/02/2018 16:0& #173 P.002/003
WUl.lAM G. MORRIS, P.A. WiDlalD G. Moms, .Esq. MatCO Island Admltlal ID ft. 0C:. VA 247 N. COiiier Bhd., Sute 202 . Poat Offiee Box 2056
. 5-adla Naftdo, Esq. M8100 Island, FL 34146-2056 f239) 642-6020
· OfCowiseJ Fax (239) 642-0722 CooAswlcc M. Bmb, Esq. Y'Jr?�II m@wgmorristaw. CAA tvl).,;l.Ql <JM31.J-2 �wgrrmnlsJw,1.r;J�
o,m
May2.2018
Jlia Certif,ed Mail 7017 1450 0000 1899 5618 & Y-,a Facsimile 1-850-488-7149
Department of Business and Professional Regulation Division of Florida Condominiums, Timeshares, and Mobile Homes 2601 Blair Stone Road Tallahassee, Florida 32399-1030
FILED Dlp-..iolllm!amlllllPldlllllonll...,._
Deputy Agency Clerlc
CLERK Brandon Nichols
Date 5/2/2018 ·
Fie#
DS 2018-035
RE: The Apollo Condominium Association, Inc . . Petition fqr Declaratory Statemen�
Our File: 060090
Dear Division:
The Apollo Condominium Association, Inc., hereby requests Declaratory Statement with regards to recent change to F.S. 718.112(2)(d)2 limiting directors to 8 consecutive years of service and submits �e following:
1. Name and address of Petitioner:The Apollo Condominium Association, Inc.900 S. Collier Blvd.Marco Island, FL 34145
2. Specific provision of statute, rule or order on which seeking a declaratory statement:F.S. 718.112(2)(d)2 ..
3. Statement of relevant facts:One of the current directors of The Apollo Condominium Association, Inc. has been adirector for more than 8 consecutive years and is planning to run for re-election at theupcoming election after July 1, 2018.
The Apollo Condominium Association, Inc. is concerned with validity of upcomingboard election and The Apollo Condominium Association, Inc. requests statementregarding whether the new limitation to 8 consecutive years of serving as a director willbar the director from election unless elected by two-thirds of all votes or there are notenough eligible candidates to fill the vacancies on the hoard up for election at that time.
RECEIVED
IAY o 3 2818
DBPA Agency Cieri<
Michael B. Dan
[email protected] T +1 (561) 200-5700 C +1 (561) 808-5155 Skype juno_beach_boy
Author: Michael B. Dan; Date: 10-Nov-18; Name/Subject: L 2 J Durham & D Romine, San Matera - San Matera - Election Eligibility & Requirement for Postponement - 20181110
Jackie Durham ([email protected])
Daniell Romine ([email protected])
Palm Beach Gardens, FL, November 10, 2018
Re: San Matera - Candidate Eligibility & Requirement for Postponement
Dear Daniell and Jackie,
Originally, I was informed that either my wife or I could run for membership of the board, as husbands and wives could not both be members of the board at the same time, even if we own four units. It has now come to my attention that my wife, Tatyana N. Dan, is term-limited for election to the board. As such, she is subject to a set of special election rules, aimed at preventing or making her election to the board significantly more difficult. I was informed of this during the weekend of November 9, 2018, significantly after the deadline to submit CVs for the election (October 18, 2018). Either my wife or I have been elected to the board for a period of 9 years, and we continue to wish to serve on the board to make SM a better community. By informing my wife of the special conditions for her election to the board far after the deadline for submission of CVs, you have effectively prevented us from participating. If my wife would be subject to special conditions, naturally, I who have not participated in board work for a period of 8 years would have submitted my cv for the election. We believe that the process for election to the board has been rendered unfair and capricious by these recent changes in election procedure.
Attachment B: Letter from Michael B. Dan to Jackie Durham and Daniell Romaine Dated November 10, 2018.
Jackie Durham ([email protected]) Daniell Romine ([email protected]) November 10, 2018 Page 2 of 2.
Michael B. Dan
Author: Michael B. Dan; Date: 10-Nov-18; Name/Subject: L 2 J Durham & D Romine, San Matera - San Matera - Election Eligibility & Requirement for Postponement - 20181110
To cure this problem, we propose that the election be postponed for a period of 3 months. This would allow me to submit my CV and participate in the election instead of my wife and allow me a period during which I can effectively market my CV to the SM owner voters.
* * *
You may wish to consult with your attorney to discuss this matter to evaluate it thoroughly. I look forward to hearing from you soonest.
Yours truly,
Attachment B: Response from Randall Rogers Dated November 16, 2019.
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You will tell me that voter participation is great in NC. But the NC owners have 6 units and are not significant. Voter participation from MA, TX, CA and Canada are real zeros. Not a single vote coming from there. Wonder why?
The pattern that the further away you are from Florida the lower the voter participation applies not only to Canada, but also to the US, as clearly evidenced by Exhibit 1. So, this is not simply caused by a single postal strike. Canada is an important ownership state with the next highest number of owners after Florida, see exhibit 1.
However, please note that the 18 percent voter participation rate in Florida is not enough to have a valid election. You must get to 20 percent to have a successful election according to FL statutes. So ,sending out the ballots 2 weeks before the election is a dumb idea, if you want a valid election, because you are setting yourself up for failure.
To get adequate voter turnout across North America and hopefully beyond, the SM Association must implement a strategy with the following 3 components.
1 E-voting. This makes it much easier for everyone to vote and reduces dependence on the slow and capricious post service. When it can take 8 days to send a letter from Palm Beach Gardens to Boca Raton, clearly, the Post Service is
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not fast and reliable enough to support an election system with tight deadlines. The Post Service is not getting better.
The Board does not prioritize e-voting, but it can still take the two following steps.
2 Send out ballots as early as possible, e.g. 30 days before the election. This at least makes it possible for everyone to vote. Whether they actually vote will depend on a host of other factors, including the information provided about SM and the election.
3 Stimulate interest in the election by providing rich information on SM and the candidates and by Holding campaign events to stimulate interest. The SM association can easily make the information and events available on the SM website.
To increase voter participation both inside and outside Florida, in the last board meeting, I wanted the board to commit to sending out the ballots 30 days in advance, but they carefully avoided that commitment. They don’t want owners to vote but just to roll over.
What does the SM Office need time to do before sending the ballots out? The SM office has all the materials 35 days before the election. The office must copy the materials and put them in envelopes – usually this is even outsourced! This can be done in a couple of days. Wonder why the SM Office wants 21
4/4
days to do this? This is the paradox. There is NO EXTRA WORK associated with sending the ballots out early. Why not give the owners the time, so they can actually return the ballot on time and have their vote count? Maybe, some owners will even have the time to think about the election, their choice and hold their board members democratically accountable.
We still have time for a real election in 2019. Do the Board and management company want a real election where most of the owners can vote? They can do something about this! Tell them to do so! Don’t let my voice be alone – shout with me.
Time for Change -2019
Vote for Michael B. Dan for SM Board
More democracy, more transparency & better management
Can the Canadians Vote, if SM Sends the Ballots out 2 weeks in Advance of the Election?
This sounds like a stupid question. Of course, they can. They are no different than the rest of us. Well, except in an acute geographical sense. There are many Canadian owners at SM, Canadians own maybe as many as 100 units and have 100 votes.
The short answer is that they can’t vote, see the table below:
Action Duration (business days)
Documentation
Send Ballot from SM to Voter
6-8 Page 5, it takes longer to the polar areas.
Voting 1 You better be quick
Send Ballot from Voter to SM
4 to 6 See page 6
Total 11 to 15 days Longer than 10 business days.
09 12
Attachment D
2/2
The Board refuses to commit to sending the ballots out 30 days in advance, but says that it will follow the law. Well, you can follow the law and send out the ballots 2 weeks before the election and thus make sure that the Canadians cannot vote! Thank you, MaryAnn Board.
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5
VOTING CERTIFICATE
To the Secretary of San Matera, the Gardens Condominium Association, Inc. (the "Association")
THIS IS TO CERTIFY that the undersigned, constituting all of the record owners of Unit No. __ , located at ____________________ _, have designated _________ (Name of Voting Representative) as their representative to cast all votes and to express all approvals that such owners may be entitled to cast or express at all meetings of the membership of the Association and for all other purposes provided by the Declaration of Condominium and the Articles and By-Laws of the Association.
The following examples illustrate the proper use of this Certificate: (review footnotes at bottom of page)
(1) Unit owned by John Doe and his brother, Jim Doe. Voting Certificate may beprovided designating either John or Jim as the Voting Representative (NOT ATHIRD PERSON). 1
(2) Unit owned by A1A Corporation, Inc., a corporation. Voting Certificate mustbe filed designating person entitled to vote, signed by President or VicePresident of Corporation and attested by Secretary or Assistant Secretary ofCorporation.
(3) Unit owned by John Jones only. No Voting Certificate required.
(4) Unit owned by John and Jane Doe, husband and wife. Voting Certificate maybe provided.2
This Certificate is made pursuant to the Declaration of Condominium and By-Laws and shall revoke all prior Certificates and be valid until revoked by a subsequent Certificate.
DATED this __ day of ____ , 2019.
Owner
Owner
Owner
NOTE:This form is not a proxy and should not be used as such. Please be sure to:
1You may but are not required to file a Voting Certificate. In the absence of a Voting Certificate, however, where there is dispute between the unit owners as to the manner in which a vote shall be cast, no vote shall be accepted.
2designate one of the ioint owners of the unit as the Voting Representative, not a third person. *Same as footnote 1 above.
1/15
SECOND NOTICE OF ANNUAL MEETING SAN MATERA THE GARDENS CONDOMINIUM ASSOCIATION, INC.
NOTICE OF ORGANIZATIONAL MEETING OF BOARD OF DIRECTORS
TO ALL MEMBERS:
On November 27, 2019, at 6:00 p.m., in the Association's Resident Lounge (11910 Kew Gardens Avenue, Palm Beach Gardens, Florida 33410) the Annual Meeting of the Membership of San Matera the Gardens Condominium Association, Inc. shall be held for the purpose of electing members to the Board of Directors and such other business as may be lawfully conducted. Immediately to follow the Meeting of the Membership shall be a Meeting of the Board of Directors for the election of Officers.
The following is the agenda for the Annual Meeting:
1. Collect all Ballots not yet Cast;2. Appointment of Inspectors of Election;3. Counting of Ballots for Election of Directors;4. Call to Order by President;5. Appointment by the President of a Chairman of the Meeting;6. Calling of the Roll and Certifying of Proxies;7. Proof of Notice of the Meeting or Waiver of Notice;8. Reading and Disposal of any Unapproved Minutes;9. Reports of Officers;10. Reports of Committees;11. Unfinished Business, if any; and11. Adjournment.
The following is the agenda for the Meeting of the Board of Directors:
1. Call to Order;2. Proof of Notice;3. Confirmation of Quorum;4. Election of Officers;5. Member Comments; and6. Adjournment.
Enclosed is the official ballot for the election of the Board of Directors. You may vote only for those candidates listed on the ballot. You may cast your vote in one of the following ways:
(a) Mark your ballot, and insert same into the smaller. unmarked ballotenvelope and seal that envelope. Then insert the sealed ballotenvelope into the larger envelope and seal same. You must completethe appropriate information on the larger, outer ballot and sign same.
2/15
The Association will not accept any outer ballot envelopes which are not signed. After completing the above process, mail or hand deliver the envelopes to the Association; or
(b) Attend the Annual Meeting, complete a ballot form and cast your voteprior to the beginning of the meeting.
(c) If you have questions about this process, please contact the ManagementOffice to advise of process of handling.
All ballots must be received by the Association before the first ballot is opened at the Annual Meeting. No ballots will be accepted after the first ballot is opened at the Annual Meeting.
33 1/3 of the Members must be present, in person or by proxy, to constitute a quorum. Should a quorum of the Membership be in attendance, either in person or by proxy, the Association shall conduct all business scheduled for the Annual Meeting.
Also enclosed with this Notice is a proxy form. The proxy is for the purpose of appointing another person to attend the meeting for you and vote on specific issues only. If you cannot attend the Meeting, please submit your proxy, so that a quorum can be established.
BY ORDER OF THE BOARD OF DIRECTORS
Dated: October 23, 2019
3/15
/s/ Secretary
Robert Meoqui,
Secretary
SAN MATERA THE GARDENS CONDOMINIUM ASSOCIATION, INC.
VOTING INSTRUCTION SHEET November 27, 2019 Annual Meeting and Election
Dear Unit Owner:
As part of your Second Notice Package of 2019 Annual Meeting and Election of Directors for SAN MATERA THE GARDENS CONDOMINUM ASSOCIATION, INC. (the "Association"), you have received one (1) Ballot and two (2) envelopes for each Unit that you own. It is imperative that you please properly follow these instructions for voting in order to have your vote count. An error in the completion of this process may void your vote.
1. Mark the Ballot for the candidate to be elected to the Board. You can onlyvote for five (5) candidates.
2. Fold the Ballot and place the Ballot in the small envelope marked"BALLOT". Do not write on the small envelope.
3. Seal the small BALLOT envelope.
4. Place the sealed BALLOT envelope in the larger return envelope, which hasalready been addressed to the Association. Write in your name, unit number and SIGN the outside of the larger return envelope where indicated. Failure to write in this information will void your ballot. Seal the large envelope.
*Please note that if you own more than one Unit, each Unit must vote separatelywith Ballots placed in separate envelopes. Multiple Ballots in the small envelope will void all Ballots contained in the envelope.
5. Mail or hand deliver the larger return envelope to the Association.
6. A Voting Certificate should be completed for any units owned by acorporation, Limited Liability Company or a partnership and returned to the Association.
7. The Voting Certificate and the Proxy forms are to be placed inside theProxyNoting Certificate of Appointment Envelope for return.
Thank you.
SAN MATERA THE GARDENS CONDOMINIUM ASSOC., INC.
4/15
PROXY
Know All Men by These Presents:
That the undersigned owner(s) or their voting member of Unit No. ___ .in San Matera the Gardens Condominium Association, Inc. hereby constitute(s) and appoint(s) _______ ,, as nominee, as my true and lawful attorney and proxy with full powers of substitution for and in the names, place and stead of the undersigned, to appear, on behalf of the undersigned at the meeting of the San Matera the Gardens Condominium Association, Inc. in the Association's Resident Lounge, on November 27, 2019 at 6:00 p.m. (In the event no name is inserted as proxy, the undersigned appoints the Secretary of the Association, on behalf of the Board of Directors.)
I recognize that the only purpose of this proxy is to represent my appearance at the meeting and the holder may not vote on any matter.
The undersigned hereby ratifies and confirms any and all acts and things that said proxy may do or cause to be done in the premises, whether at said meeting or at any change, adjournment or continuation thereof, and hereby revokes all prior proxies heretofore executed.
Dated: _____ ,, 2019 Owner(s) or Voting Representative.
Substitution of Nominee
The undersigned proxy, who is the proxy named on the within proxy, does hereby designate as the undersigned proxy's nominee __________ to act as proxy as set forth in the attached proxy.
Dated: _____ , 2019
Proxy
This proxy must be signed by all the owners of the subject unit, unless there is on file in the office of the Condominium Association a Certificate of Designation of Voting Representative. In that case, only the designated voting representative need sign this proxy.
This proxy must be filed with the Secretary of the Association prior to the meeting scheduled for November 27, 2019, at 6:00 p.m.
5/15
BALLOT FOR ELECTION OF BOARD OF DIRECTORS
OF SAN MATERA THE GARDENS
CONDOMINIUM ASSOCIATION, INC.
MEETING OF NOVEMBER 27, 2019
You may vote for a maximum of five (5) candidates to be elected to the Board of Directors. If you vote for more than five (5) candidates, your ballot will be invalid.
Tatyana Dan o
Jacquelyn Durham o
Stanley Kowalski D
Rose Lannquist 0
Jon Markoulis D
Antonio Meola [J
Robert Meoqui D
Brett Morris 0
Maryann Morrison o
6/15
Vote for Michael B. Dan for SM Board
More democracy, more transparency & better management
DOES SENDING OUT THE 2ND ELECTION NOTICE TAKE A LOT OF WORK FOR THE
SM OFFICE?!
When I read Laura Sears’s post, I immediately thought that sending out the 2nd election notice must take a lot of work for the SM Office and the Board. Why would they otherwise send it out so late? And why would they otherwise put members into the position of having to pay $50 each for sending their vote overnight? If all out of state voters needed overnight mail, that would cost about $ 15,000!!! The Board and Management can send the 2nd election notice out between 34 and 14 days before the election according to FL Statute.
Can we then understand the Board and Management? They are working late, burning the mid night oil lifting the heavy responsibilities of management and voluntary board membership. Then on top of all those responsibilities, there is herculean task of preparing the election notice. The election notice that must get out. Time slips, day after day. They know that they must send that pesky election notice. It is so much work. But is it?
I dug out the election notice from 2018 to assess how much work is involved. It consists of 16 pages. 9 pages are CVs from the candidates, so they essentially do not require any written work. The 6 pages require only the following work:
9 20
Attachment E.
2/4
9 changes of dates.
1 change of a name
A new signature by the secretary of the board.
Add/change names on ballot, say 15 names, so 15 changes.
A total of 26 changes big & small, but mostly trivial. So how much work is required to put the 2nd election notice together. Remember all these documents are word processed and the 2018 documents are on the SM computer in the office, so they only need to change the documents. Let us estimate the time involved:
Task Time (in Minutes)
Comment
1 Change the 6 pages produced by the SM office – 26 changes – and print & check docs – get Bobby’s signature next time he is in the office
30 This could be done faster. They could eliminate the proxy page, for there is no need for it. We never vote on anything.
2 Check the number of owners wanting to be candidates
5
3/4
Task Time (in Minutes)
Comment
3 Check CVs and make sure that CVs are only one page.
10 The SM office did not do this last year, and someone had 2 pages. This could have invalidated the election and cost SM a new election. Maybesomewhere between 5,000 and 10,000 Dollars.
4 Prepare for printing, stack & scan election package, send election package and SM address list, confirm with printer.
15 To my knowledge, SM outsources printing and putting the package in envelopes to the printer.
5 Printer delivers envelopes with election package, go to post office and get proof of mailing the package – the printer may do this
0-30 Potentially the printer could do both 4 and 5 and just deliver a certificate to the SM Office. This would save 30 minutes
4/4
Task Time (in Minutes)
Comment
for you, and I do not know the SM arrangement
6 Misc – contingency time 0-30 For example, the SM office might want to send the package to the Lawyer.
Total 60-120 So, 1 to 2 hours
So, putting the 2nd election notice does not take that much time, and it has to be done anyway. Sending the 2nd election notice out earlier, just requires that you do this max 2 hour piece of work earlier. And by doing so, you allow everyone to vote, and potentially saving the members thousands of dollars in FedEx and UPS overnight costs. Wonder why the Board does not do it?
In the following you can see the six pages of the ballot the Board and the SM office must fill in and the changes are highlighted in yellow. I have assumed that the SM office holds the election on the same day in November, but sends out the ballot 34 days before the election as allowed by Florida statute.
Time for Change -2019
Attachment F.
