A DIRE WARNING TO OCEAN POINT OWNERS   part 2

Protect Your Property. We are currently 69 concerned owners and growing everyday as people become more informed who demand answers from this President Jeffrey DeCarlo and current Manager Carlos Rodriguez on many unexplained bookkeeping questions, financial transaction questions and more probable than not, a mismanagement of our funds (which we the people pay for every month when we write   our maintenance and assessment checks). We demand to know who is making these decisions and an explanation of why. We demand absolute transparency and a “checks and balance” arrangement for owners to request and see the accounting from A – Z, as is our legal right as owners. We demand to ask any questions that are pertinent to the financial health of our building and not to let only 7 people make decisions for us in private meetings. Need we remind them to open up a dictionary and read the definition of a “condominium” which is a “community property” and is not the property of only 7 individuals. Everything in this letter is my opinion and more probable than not. Some data has been updated and corrected. Contrary to Jeff’s false claims, I never filed a claim with Ocean Points Insurance ever.  In my opinion this board has not done anything right, especially the fulfillment of the fiduciary duties. Mismanagement has led to exponential rising cost; the financial distress is causing owners to sell their homes.

NEW URGENT MESSAGE: 

JUNK NEW SLIDING DOORS, Water, Air, and other nuisance - leakage and toxic dust!

In response to the letter that we recently sent, we have heard back from many unit owners, who recently have had sub-standard sliding glass doors and windows installed and SHOTTY repair work done on the interior of the apartments, such as framing spackling and window sill repairs. If you have had the same issues, or other issues such as mold infestation or other problems, please reach out to us immediately so that we may compile a list of units that need to be inspected and corrected.

One owner said, "The new sliding doors are JUNK. They have a giant gap at the top center that allows water, air and nuisance to enter. This is very bad. It could flood the entire building. My apartment is full of toxic and extremely cancerous concrete dust from these garbage doors! As a result, my unit is not occupiable"

All owners, please make time now to be sure that you check the sliding glass doors and windows for proper installation. There should be absolutely no gaps, windows and doors should easily open and slide and close securely and should effectively eliminate noise and or any leaks (water, wind and other nuisances.) Please check from the very top to the very bottom and please take clear well lit photos.

Also, some owners reported that when they complained to the office and building manager, Carlos Rodriguez, that Carlos recommended or sent under experienced handyman - worker(s) who are doing poor subadequate work and causing new issue or further causing issues with the existing issues.  If you have experienced any of these issues or other issues of concern,

Please email us with your name and unit # and detailed description of the issues to: 

RE: My issues of concern at Ocean Point, name, Unit #: 

Oeanpointcommuity@gmail.com 

You may attach pics if you so choose. Please send a text alert message to:             305–988–9362 (text friendly) letting us know you have emailed us. 

A RED FLAG

Our building manager, Carlos Rodriguez just sent an email where he suggests that after working on our multi-million dollar construction project for over 2 years, with no project manager and no performance bond, that they are just only now requiring a special inspection! This is ALARMING! 

In the same letter, Mr Rodriguez says they will have another special assessment in 2025 or sooner! This. is too much money! Are these units worth it? Not only are we going to get the $250 increase for mandatory reserves, but now as rumors said, another assessment! This is too much money! Are these units worth it?

 

 

 

                 AN INCONVENIENT TRUTH

FACTS THEY DON’T WANT YOU TO KNOW 

$$ 15 Million Dollars fell through this board’s hands and NOT A DIME was put in our RESERVES! This board never explained nor encouraged the need to put money in our reserves esp. in light of the 2025 mandatory reserves law!

$$ Over the last 5 years we have paid $59,000.00 in Special Assessments (SPA) for work that’s still not complete and for which we have gone over budget. We paid $145,662.00 for the 2022 Operating Fund Deficit due to insurance increase. More probable than, not we’re being assessed for projects we were already assessed for in previous SPA's

$$ Records we requested show concerns: There is almost 1 MILLION DOLLARS in change orders  (Change Orders are updates to a construction contract that changes the contractor's scope of work and increases the contract price). We are over- budget for concrete work, windows and doors. That doesn't even include Dec (2023) Jan, Feb, March, April (2024) in which almost the entire East facing side of the building had to be RE-DONE. The most work done of all 4 sides.  No Project manager! No Performance Bond! How much of the assessment has already been paid? How much is pending payment for work already done? We demand monthly assessment expenditures.

$$ Careless Mistake #1: SPA 2022, we paid $570,841.00 for a Project Manager that doesn’t even exist! And we paid $126,795.00 for Performance & Payment Bond, which neither was secured! Where is that money? Jeffrey DeCarlo said he “saved owners a couple hundred thousand dollars.” Really? This board has spent nearly 1 MILLION of the   1.3 MILLION contingency funds on our 2022 assessment and STILL NOT FINISHED! (See above) Jeffrey DeCarlo says, “They cannot make guarantees” I wonder why? Now a licensed building engineer observed issues with non-compliance of waterproofing protocols on our current construction project! 

$$ Careless Mistake #2: Our building needs a new roof. SPA 2022 lists our roof replacement for 1.5 Million. Every owner needs to ask these people “Where’s the roof money? What happened to roof funds?  We demand answers and the truth. And “if”, I repeat “if” the excuse they give us is that the roof funds were used for something else – that is illegal. Co-mingling of funds is a serious violation of Florida Condo laws. We need a thorough and deep clean Forensic Audit from the last 5 years. Every single dollar. Delaying a roof replacement continues to cost us a small fortune! Jeffrey DeCarlo admits he was aware we needed a roof since 2017. That’s 7 years ago. Yet he didn’t replace the roof! The Board claims they delayed replacing our roof for 5 years~ due to our concrete project. High-rise condos do routine projects such as painting, waterproofing and windows without damaging their roof.                                                        

$$ Careless Mistake #3 Of the $3.25 Million dollar hurricane Katrina settlement, Ocean Point Association received $1,761,347.92. We paid $975,552.08 to Siegfried Rivera, Attorney, and $487,500 to Global Pro. We got under 55%, after which Our Insurance increased 570% from 200k in 2019 to $1,140,000 in 2024! So, yes Jeffrey,  it’s worse than getting nothing!  Why did the Lawyers get nearly 50%?  Who made the decision to hire them and where are the other bids? Why is it that every time lawyers are involved, they’re overpaying them inflated legal fees?  Why did we pay such a huge commission for this claim? We’ve been asking this question for years with no answers. Owners demand an explanation for this in writing by all parties involved at the time. This is serious money!              

$$ Careless Mistake #4: Our Insurance, 165k in 2019 is expected to reach $1,140,000 in 2024, a 700% increase! More probable than not, lawsuits Jeffrey DeCarlo filed against our Association, Insurance Claims he filed as well as poor vigilance, lack of oversight, resulting in inadequate work done during his watch on the Board in 2007 and in 2009 and current Construction Project all contributed!                                                                                                                     

FACTS THEY DON’T WANT YOU TO KNOW

$$ Careless Mistake #5 Our association has taken out an 11 Million-Dollar line of credit over a year ago! Many owners paid upfront lump sums of $41,000.00 for the 2022 assessment. If the board defaults on this line of credit, owners are responsible to pay! Even if you already paid your $41,000.00 Special Assessment. Jeffrey DeCarlo says they haven’t even used this loan. Then why did they take it out? And why are unit owners paying interest on the 2022 assessment monthly payments? We demand to know how much principle has been paid back since any and all loans have been taken out, if any!

$$ Monthly maintenance fees have increased nearly 200% since 2019 ( * ) Current dues for 1 bedroom are $883 (including the recent increase of $150.) My SPA 2022 monthly installments of $779.82 (including interest). The upcoming increase for reserves of $262 will make our total monthly maintenance $1,145.00! To put this into perspective “The Portofino “building with million dollar units and amenities from A-Z has a maintenance of $1550 a month for 1200 square feet while Ocean Point will be $1,145.00 for 650 square feet. Can you imagine “The Portofino” maintenance is cheaper per square foot than that of Ocean Point! This place is bleeding money! Ocean Point is now a money pit. The inmates are running the asylum! 

$$ With zero oversight from owners. In a backroom private meeting, which we the people of Ocean Point had no say in whatsoever, the current board members approved an additional increase of $150 per unit per month in the 2024 budget for “PAY RAISES” for the already over-paid manager, the overpaid maintenance staff and the overpaid security company! We demand to know who made this decision and an explanation of why the Manager leaves at 2:00 in the afternoon. It kind of defeats the purpose of the noun “manager” does it not?                    

$$ Careless Mistake #6 NO RESERVES! PAY RAISES! We have no money in the bank yet and this board is giving out unheard of pay raises. Any Fortune 500 Company or the local Burger King on 5th street would be cutting payroll not raising it. If this were a Fortune 500 company, those board members who made this idiotic, senseless mistake would be kicked off the board immediately. Who is making these decisions? Again, the inmates are running the asylum! And we the owners have no say. If you own only one unit you are considered a third class citizen but if you own multiple units you are a first class citizen and will easily be able to be allowed to be on this board. This is not only hypocrisy - it’s autocracy. 

$$ Per the State of Florida mandatory full reserves must be in the bank by 2025. Eventually, $262 + will be added to your monthly dues to cover reserves totaling approximately $1.145.00 a month. The monthly cost of living at the Portofino is cheaper than Ocean Point! It’s cheaper to live at the Portofino!

$$ SPA 2022, owners were assessed $1.55 Million dollars worth of Modernization Projects instead of advising and educating everyone of the serious upcoming mandatory 2025 reserves law that they knew about almost 3 years ago after the Surfside tragedy and did nothing about it, but instead advised and educated everyone about a gym, new saunas, a new renovated rear lobby (Why? Who is making this decision?), move all the mailboxes to the new rear 5 star lobby (who made this decision and why?), installing a roof for the 4 outdoor parking spots near the sidewalk (bleeding money!), building a “wall” adjacent to 335 Ocean Drive which the Miami Building Department would never allow or approve of. If this unnecessary waste of our money had been put immediately into reserves, our maintenance would not be going up to the extent it is.  And if all owners were educated 3 years ago about the seriousness of this upcoming reserves law and the need for a new roof, I’m sure most of us would have voted for a lower maintenance increase instead of unneeded cosmetic changes. ( * ) (See cost breakdown in the footnotes.) 

$$ How modern and beautiful is no roof since 2017? A roof installment only takes 2 months and costs   around $200 per square foot. 2 months divided by 7 years.          Where’s the roof money?         

 

                  Our Current Board

·       2006 and in 2009 Jeffrey DeCarlo was on the Board. From 2006 until 2010, Jeffrey. Decarlo was the Ocean Point Association “Registered Agent”. For 5 years during that period, Jeffrey had access to ALL our Associations legal correspondence. 2006 SPA (Owners PAID $5,836) 

·       2007 / 2008 SPA 5 (Owners PAID $13,475 per unit.)

·       2009 SPA 6 (Owners PAID $10,595 per unit.) Jeffery Decarlo’s signature is on the SPA 5 record.

+     2006 to 2009 owners were assessed approximately $29.9k per unit x 239 units = $7.146 Million dollars worth of work in which majority of the work was for concrete restoration! (Concrete & Balcony Restoration, Facade repair, Paint,) In my opinion, more probable than not, Jeffery. DeCarlo and the board at the time neglected our building. The work was shotty, the entire North Side of the building was left UNDONE (lines 21 – 26). Unit owners had to pay over and over for the same work. The poor workmanship more probable than not, due to the lack of vigilance and oversight by Jeffrey Decarlo and Board. Proper screws for railings were NOT used, resulting In RUST, compromising balcony anchors! The RESULT: YOU owners being ASSESSED AGAIN for $428,611.00 to RE-DO ALL BALCONIES PER SPA 2022. History repeats itself with Jeffrey DeCarlo at the helm!

+    After Hurricane IRMA, in 2018 Jeffrey DeCarlo sued our Association and represented the owners of #1115, against our own association. He was awarded a settlement from our association’s insurance, which makes our insurance go up again) and he was looking to represent other owners! Everybody should ask Jeffrey why he allowed unit 1115 owners to disregard our bylaws and do inferior un-permitted work, breaking another by-law, that resulted in enormous water damage by a burst pipe causing water damage 5 floors down AND they denied our association access to the unit, to do water remediation and repairs! And yet JEFF SUES US AND WINS! Which made our insurance go up again! That raises a VERY RED FLAG. How much did JEFF make on that? How much did it cost all of us in increased insurance premiums? 

+    DeCarlo’s lawsuit, filed in 2018, claimed we neglected to take care of the Facade in 2010 (normally, updated every 7 - 9 years) The irony is Mr. DeCarlo was on the Board in 2006 and in 2009, when owners were assessed twice for concrete repairs! Is Mr. DeCarlo responsible for the neglect to the facade, he alleged in his claim, against our Association? In Dec 2017 he was aware the assessment with a contingency of 70k for concrete work & painting was being released.

+     Mr. Decarlo threatened to sue our association for mold and he may have threatened to sue for other things.

+     Jeffrey DeCarlo repeatedly suggests our building was potentially being condemned & paints himself as a hero. As if he saved our building from being condemned by suing us. However, after the Surfside collapse, nearly every building on the ocean, received the same violation (including 325, 335 and 345 Ocean) But that doesn’t’ mean our building was going to be condemned. In my opinion he uses fear tactics to get his way and to justify passing an outrageous assessment in which 1 MILLION DOLLARS of it was for cosmetic aesthetic work.

+    At least 3 board members were in violation of at least 1 or more of 8 amended bylaws, prior to Nov. 2023 when they were amended. Mr. DeCarlo, Mr Hickey, Mr. Casariego all owned multiple units.

+    Mr. DeCarlo and also Mr. Hickey physically joined two units together. In my opinion, those board members sought and proposed amending bylaws, so they would no longer be in violation of owning multiple units and / or physically joining units.

+    Yes, this is a conflict of interest, it took place prior to the bylaws prohibiting it were amended. Again, the board does NOT have the authority to break our bylaws! Previous Boards doing so doesn’t make it right! We the people should have voted on this matter before the board took liberties to violate or allow violations of our bylaws! 

 +     Our current board president owns a real-estate firm, Jeffrey De Carlo Realty LLC, more probable than not and I don’t know, but he could have the opportunity to sell Ocean Point units and be President of the board at the same time.          

+     According to several owners and more probable than not, some board members have made offers to distressed owners to buy their units and or parking spots at below market value.

+    Board member Robert Hickey has a real-estate license and has purchased at least 5 units (from 2018 to present) and more probable than not, 2 of them for below market values of approximately $255k. Currently, 610 owned by Robert Hickey is up for sale for $475,000.00 for a potential profit of $185,000.00. 

·       Mr. Hickey received a $6,000 refund on his assessment. We would like to know why and who made this decision? 

+     Selective communication, only owners that Jeffery likes, receives his special emails from the President while the rest of us are in the dark which causes unnecessary gossip. 

·       Jeffrey DeCarlo reportedly told several longtime owners, “If you can’t afford to live here, then you should sell!”

·       Owners should ask Mr Decarlo, if he physically joined his 2 units prior to getting permits- Truth Please 

 

             Our Building Manager (CAM)                                           Carlos Rodriguez

+ His former employer, First Service Residential Florida Inc. sued our Manager Carlos Rodriguez. Mr. Rodriguez counter sued, where he admitted to 5 allegations.  (*)

+ We demand to know WHO hired Mr. Rodriguez with no input from owners, no vetting by community and no usual 3 bids!? WHY did they decide to keep Mr. Rodriguez’s  “Building Manager Related” legal battles from owners, during the hiring of him, as Ocean Point Building Manager? What were the charges in the lawsuit First Residential Florida Inc. filed against Mr. Rodriguez? Clearly this is another conflict of interest to owners.

+ Selective Enforcement, in my opinion, and more probable than not, is a real concern. We the people demand to know why some board members and other favored unit owners are able to do unpermitted work. Isn’t that the very reason we hired a building manager, to uphold our Ocean Point bylaws? To which Jeffrey DeCarlo claims “he has no knowledge” (of work being done without permits) then admits “most of our owners have done so at one time or another.” You can turn a selective blind eye, Jeff and Carlos, but does that make it right? Issues with unpermitted work have cost our association a small fortune.  No question that the Miami Beach Buildings Department will keep an eye on Ocean Point now, thanks to our current President and our current Manager turning a blind eye to all these selective permit violations that, ironically, they of all people are required to uphold! If the current President and our current Manager can not even follow our own by-laws then this defeats the whole reason for by-laws to begin with and it defeats the purpose of having a knowledgeable president and a professional manager watching the backs of us owners.

• Is currently looking for a new position in real estate on his LinkedIn page, yet does not have Ocean Point Condominium Association, Inc. listed as his current employer. We would like to know why?

+ Selective communication, owners they like get immediate Manager responses. The rest of you can wait.

+ He leaves work at 2:00 pm almost everyday, sometimes earlier, leaving our $14.1 million dollar construction project unmanned for most of the afternoon. He falsely claimed to be the Project Manager for a year! We demand to know why? Who made these decisions? Why are there no weekly employee schedules posted? No time clock. Every other large condominium has posted schedules for all employees. This is basic Business Management School 101, schedules and proof of hours. Who made this decision and why? In my opinion, more probable than not, some of these acts may constitute gross negligence and misconduct of his profession as a Building Manager licensed by the Florida Dep. of Business and Professional Relations.

 

                     FLORIDA STATUTES

·      The State Of Florida’s “Monetary Crime Unit” investigates COA money-related-crimes on behalf of the State Of Florida. Attorney General. (at Police Department) 

·       Per The State of Florida self-dealing by Board Members is prohibited; board members buying units in building below market value and selling for profits.  Hands under table deals, kickbacks, to name a few actions described under this violation. (See Florida Statutes)

 

                                VIOLATIONS

·       This Board is in Violation. Per the State Of Florida, Associations MUST upload and publish full Association records to: miamidade.gov/global/economy/consumer-protection/community-association-registry.page. Instead they make it difficult to access records. Example: They refused to put them on my memory stick! 

·       This Board is in Violation. Per the State Of Florida Associations must PUBLISH a START / STOP Date of ALL projects.           

·       Board members do NOT have the authority to break our Bylaws, nor selectively enforce rules. 

·       Per The State Of Florida Board Members must disclose conflicts of interest to owners 14 days prior to an election or being seated on a board. Some board members failed to disclose            + conflicts of interest. This law may provide a question of legitimacy of decisions made during service. _

 

______________________________________________

The list of Top 7 Worst Practices for HOA boards and presidents. 

Ocean Point is not a third world country run by a few individuals but a collective community of owners who demand answers and transparency.

 It would be wise to follow this free info and instructional videos to fiduciary and community health offered by The Campbell Property Management Company. (see below)  

·       Since 1953 and for over 70 years The Campbell Property Management Company has been one of Florida’s most respected property management companies and offers an educational library on the changes of the laws since the Surfside tragedy and has brought new laws for everything from new reserves, assessment oversights, maintenance fees, mismanagement and the behavior and rules and code of conduct for all HOA boards and management in this post Surfside world. 

https://www.youtube.com/channel/UC27QRx2FHlzNmaETZ861Kqg

CONDO COMMANDO WORST PRACTICES

1.) Make decisions based on your personal agenda. 

2.) Exclude opposing board members.

3.) Make penny-wise and pound foolish decisions.

4.) Micromanage staff and venders. 

5.) Keep everyone in the dark. 

6.) Ignore the rules.

7.) Attack your neighbors.   

Can you imagine if this current board were an NLF team, they would be 0 and 7.

__________________________________________________

 

RECALL EFFORT ANNOUNCEMENT

In response to your support and feedback on our petition effort, concerned owners of Ocean Point Assoc., have rolled out a Recall Effort. We are asking owners and members of the Ocean Point Community to support this Recall Effort. With your help, we intend to recall the current board members. Per 718.301, By way of written agreement by majority of all voting interests.  According to Section 718.112(2) Owners do not have to provide a reason or cause to recall board member(s) However, serious, ongoing issues and concerns will need to be addressed and corrected by a new board with the help of a professional, licensed, bonded and insured Property Management company & a CPA forensic auditor. 

The good news is we have a great attorney on our side. A prominent Attorney and Lawyer firm has volunteered to help us with the Recall Effort. This Attorney firm recently was in the spotlight for helping 1 of the largest associations in FL transition from, being taken advantage of, plagued with a 2 Million dollar alleged theft, to a secure & lucrative situation, recouping 4 Million & counting. We feel confident they will help us preserve and recover our community and losses. 

How YOU can support the Recall Effort:

1) Volunteer to be on the replacement board. We are seeking members with management, business, finance, legal skills or other skills, to step up and help secure our financial future. This is the most important way, you as an owner, can help our community, to make our association accountable and resilient. 

 

2) Volunteer to help with the recall effort campaign. Another way to contribute to the Recall Effort is for residents and members of Ocean Point Community to volunteer, distribute recall ballots and host community meet-ups. 

To read the full version and get updates visit:

Www.change.org/OceanPointRecallEffort

www.change.org/oceanpointcommunity

_______________________________________________
My apologies for typos and or mistakes in previous correspondence for which we have put great effort in to update and correct in this letter. Some data we omitted as a courtesy, but otherwise accurate. Some corrections are,

·       Mr. Hickey only owns 5 units (not 6) 

·       Mr. Casariego’s unit purchased units that were joined previous to him purchasing them.

·       Some data was omitted as a courtesy only.  But that does not necessarily imply the data was inaccurate. 

Thanks to all that contributed and that have given their support. I’d also like to thank our office administrator, Lorena for her work during the process of us requesting and acquiring records. To Volunteer, update contacts, request ballots or for any questions or concerns, please contact me directly at 305–988–9362 (text friendly)

Thank you for your attention and support! 

Sincerely,  Josie Todd (Unit 303) and many concerned owners of the Ocean Point Community. _______________________________________________

Footnotes are as follows,                                                                                                                          + Conflicts of interest to owners are prefaced by the + (plus sign)

* Cosmetic Changes also called Modernization Projects Cost: Ground Floor Lobbies, Front entrance & Front area Enclosure $447k, 10 Floor Hallways & Elevator Bank $407k, Community Center and Gym $338k Gym Equipment $103k, Contingency $259k, Total: $1,555,188.00  

* In response to Jeffrey DeCarlo’s email commentary, Carlos previous employer, First Residential Florida Inc. also took Carlos off work assignment and had him waiting for a next assignment for months, effectively benching Mr. Rodriguez, during which, they asked him to sign their Bench Memorandum (an agreement to protect confidential information and trade secrets etc.) When Mr. Rodriguez refused to sign it, they tried to keep him in the contract. (Jeff made it seem as though they tried to keep him in their employment because they were pleased with Mr. Rodriguez. Quite the opposite!  View and verify the details yourself; Filing #64255695 E-Filed 11/15/2017 04:55:54 PM    https://trellis.law/doc/54236289/answer-to-counter-claim-due-date-complete-date                      

* Monthly maintenance fees have increased nearly 200% since 2019. Now it is rumored that a text message from the board president to a portion of owners saying he has plans to raise maintenance fees again.  

 

                           "sue happy"

 

This scathing article in Psychology Today Magazine “How to Deal With Litigious People and Frivolous Lawsuits” defines a sue happy lawyer as: 

“ people who routinely threaten baseless lawsuits are often just adult versions of playground bullies. They are mad at you, and instead of taking their anger out in a healthy, mature way, or working things out like considerate adults, they want to scare you by making you believe they have the weight of the legal system behind them. It gives them a sense of power.” Dr. Ruth Johnson Ph.D