We, the undersigned, are calling on Costa del Sol Condo Association to remove President Dennis R. Gibbs from office. We believe that Mr. Gibbs’ past and ongoing conduct disqualify him from further service and demand his immediate removal from office. 

We understand by signing this petition, Mr. Gibbs won't face any financial burden since it's an unpaid, volunteer position. He is simply not doing a very good job and needs to step aside and give someone who "lives here" and "cares" a chance to manage the property, like board member Roger Kennedy. 

As per FS718, a member of the board can be removed "with or without" cause by a majority vote of the owners. To put it to a ballot, we require at least 24 owners, comprising 10% of the total members, to sign the petition. But we do have cause.  Given below are the complaints against Mr. Gibbs.

Mr. Gibbs has failed to fulfill his fiduciary responsibility to the owners by maintaining the property above "trailer park" standards.  Mr Gibbs owns a 2-story condo by A1A, he rarely visits and does not conduct the monthly tour of the 15-acre waterfront property as required of CAMs. 

Had he completed the monthly tours, the shoddy maintenance of the property wouldn't have gone unnoticed.  These issues require immediate attention to prevent further deterioration.  We can not wait until next year to address these problems, especially the critical NW riverfront with palm trees falling into the river.  We have already lost 30 feet to the river in the past 5 years according to google maps.

Mr. Gibbs has failed his "Fiduciary Responsibility" to maintain the property above minimum acceptable standards, provide a "safe environment" for seniors, and has cost owners up to $50k in resale value.

A quick look at the garage door below and imagine explaining to a potential buyer what happened.   When questioned, board members in the parking lot repeatedly said:  "We have no plan, because Dennis will not let us have a plan". 

Click on this link to watch a video of garage maintenance problems:

 https://youtube.com/shorts/QDjnnahM2A0

 

 

VIOLATION OF HIS CONTRACTUAL OBLIGATION - Mr. Gibbs has a "contractual obligation" to every owner when he collects the $550 monthly assessment.  What he does with that money has been outlined in the Association's budget and reserves for the past 34 years before his accent to power.

A President of a Condo Association is not a "rule maker"... he is a "rule enforcer".  All new rules and policies must be approved by ALL owners, not just Mr Gibbs. Mr Gibbs took the liberty of creating several "new" rules without proper ownership permission.  These rules have been devasting to property values and appearance. Here's what happened:

Mr. Gibbs held a series of "secret meetings" with a few select owners, their wives, and the maintenance men.  They alone established these "secret policies" you see today.  There was no proper notice of these meetings, not everyone was invited, and the results have been devasting to owners.  

A certified demand letter was sent to the association attorney requesting any documentation of these meetings or supporting these "new policies" that deny owners mulch/rock in the gardens and paint on the doors. 

His reply is available upon request and you can use it to submit a complaint in Tallahassee in accordance with the FS718.1255 grievance process. 

In summary, the attorney indicated there is no documentation to support Mr Gibbs' actions and Mr Gibbs will continue to do whatever he wants with the maintenance money and doesn't need our permission to change the rules. 

We realize this Petition is the fastest way to affect change today and not wait until next year.  There are many more problems created by Mr. Gibbs and he refuses to allow anyone to make better changes...even when offered no-cost alternatives.  It's not just a few garage doors, there are more than 50 like this. Click on this link below:

https://youtube.com/shorts/5GLtfY-DT4k?feature=share

 

 

The photo above is significant because it illustrates the frustration most owners have with the Association.  These are the "new" doors that were installed years ago (the association never replaced them all, as promised to legacy owners).

As this photo illustrates, this new door already needs to be painted and most likely replaced, because it has huge dents in it, not visible in the photo. 

More clearly, this door photo illustrates the Association's and Mr Gibbs struggles with the whole garage door fiasco.  The Association and Mr Gibbs provided no written plan to replace any garage doors and they have no plan to paint any garage door this year.  This "lack of any plan" is unacceptable to the signers of this petition.

In condo law, this is called "failure of your contractual obligation" to maintain the property in the same condition as when you joined the board.  Board members may NOT establish new maintenance schedules OR make "material changes" to the property without a proper ownership vote.  Mr. Gibbs has done both and needs to resign or be removed. 

There is much more.  Take a look at our flower gardens and shrub areas:

https://youtube.com/shorts/QXd1xqdqRGw?feature=share

 

 

The photo above illustrates another "secret meeting" policy whereby the association decided not to install mulch or rock in a majority of the flower and shrub beds for several years now.  More than 50 areas look like this on the property:  soil completing eroding away, no sign of mulch or rock.  This ugly appearance is what is depressing property values, along with the garage doors.  And, is creating very unsafe conditions for seniors who walk our property.  

This is like baking a cake and not putting any icing on the cake.  It's just "dirt" and dirt is not an approved landscape material. Mr.  Gibbs has personally ensured we have no icing, or "landscape materials" in a majority of our hedges.

The decision to not replace deplenished mulch or landscape material over the years is a violation of FS718.13:  "making a material change without proper owner vote".  Click on the link below:

https://youtube.com/shorts/costa-del-sol-danger-garden-areas

 

 

The photo above illustrates Mr Gibb's vision for our property.  This is the road/sidewalk that goes from the A1A entrance to Banana River Blvd.  As you can see, there are areas that are up to 8 inches deep and dangerous cliffs for drivers and walkers have been created...because Mr. Gibbs has not installed any mulch or rock in this highly visible area in years. 

This is called "senior abuse", not only because Mr Gibbs created dangerous areas like this across the entire property with his illegal maintenance policies, but because the Association collects money from seniors every month to maintain this area.  Total maintenance cost: about $50 per year for this small area.

Condo law states that you can sue an Association for "targeting".  This is what is occurring with the garage door maintenance.  Mr. Gibbs DOES NOT OWN A GARAGE DOOR, but pays the same monthly fee as garage door owners. 

The order to NOT SERVICE the garage doors is a perfect example of Mr. Gibbs "targeting" garage door owners.  His "philosophy" is he wants each owner to service their own garage doors.  This requires a vote of 2/3 of owners, not a board decision.

Watch this video of our NW shoreline:  https://youtube.com/shorts/costa-del-sol-nw-shore

 

 

The photo above is of the NW corner of the property, by the river, where the land once reached beyond the palm trees.  Illustrated here is heavy erosion of up to 30 feet because the Association did not refurbish the "rip-rap" that was once there.  The white rocks seen in the photo were donated by an owner, but Mr Gibbs denied installation of these FREE rocks. The rest of the rocks were hidden behind the fence between the garages. Leaving the shoreline exposed.

He made this call without a personal inspection of the area from his home in New York.  When presented with free and low-cost options to dramatically improve the property. Mr. Gibbs always said "no".

Emergency repairs are required. If Mr. Gibbs will not authorize these free repairs, we need to remove Mr. Gibbs immediately and put an owner in place who cares and lives here full-time...like Roger Kennedy.

In summary, Mr Gibbs' actions as President have directly affected the appearance and property values of Costa Del Sol Condominiums.  Here is a summary of our complaints:

1. Failure of Fiduciary Responsibility - to maintain the property at minimum acceptable standards: costing owners $25k to $50k in equity over the past 5 years.
2. Violation of Contractual Obligation - to spend our money wisely on maintenance (cost of painting a door is about $50 each with clear coat).  To ignore this maintenance for this long, is a "breach of condo law".  
3. Violation of Condo Law FS718 - making "material" changes to our property without proper owner vote. Condo law precedent has been set with regards to NOT installing mulch as a required "material". There are over 40 areas on the proeprty that Mr Gibbs has not installed mulch for several years.
4. Targeting - Mr. Gibbs has "targeted" garage door owners because they have "extra" common amenities and the Association must pay extra maintenance costs for garage owners.  Mr. Gibbs does not own a garage door and can not relate with those owners, therefore, their maintenance requests are refused by him, personally.  Mr. Gibbs has left the Association vulnerable to lawsuits regarding targeting.
5. Fairly & Equally - there are multiple stories of owners who have not been treated "fairly and equally" by Mr Gibbs and have outstanding work permits that are several years old. The owners who need their front door serviced are not being treated "fairly and equally".   To prove this point, it is obvious that a board member or their friends do NOT live in unit 1243 (whose door is the main photo for this petition).  The owner of 1243 is not being treatly fairly and equally as if they were a board member, or even a friend of a board member.  Mr Gibbs is leaving the Association vulnerable to lawsuits regarding being treated "fairly and equally".
6. Senior Abuse - just like an assisted living facility, when you collect money every month for maintenance from a 65+ year old client, you are required by Florida Senior Care Facility law (not condo law) to provide "extra" attention to detail to where seniors drive, park, how easy it is to open their garage door, or walk around the property.  Mr Gibbs is leaving the Association vulnerable to Senior Abuse hotline complaints and lawsuits.

For the reasons stated above, we are asking the Association members, in accordance with FS718, to remove Dennis R. Gibbs from the Presidency of the Costa Del Sol Condominium Association.

If a picture is worth a thousand words...what does this front door photo of unit 1243 taken June 5, 2023 tell you?

 

 

The Association collects $134,750 every month for maintenance.  They have 3 full time maintenance men on staff.  Cost to restore door:  $50, time for 2 men: 4 hours each.  A work permit was submitted over 3 years ago for this door.  This is happening right now on Mr Gibb's watch.  It's time for a change.

Click on this video to see what building 6 residents have endured for years.  

https://youtube.com/shorts/TrXk2aLEzjg?feature=share

 

This is just "dirt" and dirt is not an "approved landscape material".  Mr. Gibbs has denied residents of bulding 6 mulch or rock here for years.  Mr. Gibbs has made a "material change without proper owner vote" and needs to be removed from the board immediately so we can put some mulch down.