The Schecher Factor


No Spin Zone - Hardball plus the O’Reilly Factor all rolled into one at the HBR in the form of  The Schecher Factor, a sometimes daily report containing opinions, facts, rumors, and often something the HBR Condo Board and others fear, the Truth, as seen and reported by one long time condo owner at the HBHOA.  The HBR Schecher Factor where we tell the “truth” no matter how painful it may be to accept.


THE COST OF DOING NOTHING IS HUGE 

The HBR Board of Directors requires 4 votes to make anything happen.  Many owners are demanding a RECALL because they feel that we have a RUBBER STAMP Board of Directors. It has been uncovered and reported that two of the Board Members are responsible for the Simon Templar anonymous letters sent to owners in an effort to smear and discredit certain individuals expressing concern for the financial welfare of our Association and against owners who support the RECALL effort to remove the RUBBER STAMP Board from office.  I will not mention them by name because I promised to speak only to the issues and this is what this positing is all about.  THE ISSUE OF DOING NOTHING AND WHAT IT COSTS

What is the cost of doing nothing?  The cost of doing nothing is often much more expensive than the cost related to fixing a problem and fixing the problem the “right way” rather than the “cheap way” because the “cheap way” in most every case turns out to be anything but “cheap”. 

The biggest issue before us today is the Legal Action started by the prior Board to void the illegally formed lease with the first floor mall owner.  This lease illegally binds the Association which in reality is every owner including YOU and ME and every future owners to cover not only the losses of an illegally formed LLC created to circumvent Florida Condo Law and bring our Association into the For-Profit, now bankrupt hotel and bar business but the $7.5 Million in rents illegally guaranteed by a hidden clause in the mall lease.

What is the cost of doing nothing?  Over the past 5 months the lease payments alone being racked up is approximately $50,000 per month and nothing has been done to move our case forward to STOP this huge financial burden and possible drain on our association fees.  Our condo fees are BY LAW collected for the service, maintenance, and repair of our building.  Look around and you can easily see that when the condo fees are illegally diverted to cover rents and business losses the condition of our building goes from BAD to HORRIFIC. 

The numbers do not lie and they show that over the past 5 months we racked up $250,000 in delinquent rent payments to the first floor mall owner.  Over the next 5 months we will rack up another $250,000 before the next annual election when this RUBBER STAMP BOARD can be voted out of office.  Yes, that will be another $250,000 in rents which equates to a total of $500,000 in rents alone.  BIG MONEY for anyone.  

THE ALTERNATIVE was to have our Litigator (Greg Elder) move the legal case forward asking the Court of a Declaratory Judgement to VOID the lease. This would have taken about 30 to 45 days depending upon the Court Calendar.  The cost associated with this would most likely be no more than $25,000 to $35,000 MAX depending upon the defense put up by the first floor mall owner who has hired a law firm with billing rates as high as $750 per hour compared to the negotiated rate Elder offered the HBR.    

Now, just look at the numbers and ask yourself would you spend $35,000 to save $250,000?  Would you spend $35,000 to save $500,000? If your answer was anything other than YES, you are part of the problem and the reason we have a huge financial crisis at the HBR Today. 

I have reached out to both Greg Ward and Facundo Yebne along with my son, RJ in an effort to explain the severity of the financial crisis and all the reasons why ELDER was chosen by the prior Board.  I have volunteered to use any influence I may have to get Elder back and back at the low rate he negotiated with the prior Board.  I have explained it would cost over $100,000 in legal expenses just to get another attorney up to speed on the case and obtain all of the legal backup already held by Elder to present and hopefully win our case before the Board.  I have explained that Elder did not lose the prior case as Ward first thought but the case was removed from Federal Court as RICO and sent down the State Court to be filed as Non-RICO which was done by the prior Board.  I explained that our only hope is to VOID the lease or make a deal with the first floor owner to voluntary VOID the lease without going to court.  In any case, we need Elder back to move our case forward to VOID the lease and take the legal action to recover all the illegally diverted condo fees from responsible parties and/or their insurance companies. 

I believed Ward, Facundo, and RJ understood my concerns and accepted all my explanations as to why we need Elder back and why time is of the essence.  Now, we need Ward, Facundo, RJ, and Larry to vote YES to allow me to try to talk Elder into coming back and representing our Association before the case is lost or dismissed and all our hopes of recover or voiding the illegally created $7.5 Million PLUS lease with the first floor mall owners go away forever and we are faced with a new $5 Million Special Assessment to cover the lease which they choose to accelerate rather than evict.  

Board Member Mason may be a good doctor but he responds to my posts by saying Elder should put his money where his mount is and take our case on a contingency basis. - This is the most idiotic response possible as Litigators DO NOT work on contingency.  Mason may have experience with Personal Injury Attorneys who work on contingency and take legal action to recover money from doctors like Mason who may have committed malpractice but for the most part you will never find a qualified Litigator taking a case on contingency like a PI attorney.  The math tells us that Mason needs to vote to put his money in the form of our Condo Fees being illegally diverted where his mouth is and start protecting our Association and stop the illegal diversion of our condo fees. Mason is also the Board Member who told others that he only wanted to vote on pool matters and was not interested in the most critical issues before our Association in over 30 years.

I approached both Ward and Facundo with an open mind and I have walked away from my conversations with them believing that they want to do the right thing by all owners.  I believe they are in over their heads because they lack the experience necessary to single handily deal with the complex legal and financial issues before us today. Yes, it is Ward, Yebne, and RJ that are at our property and local and it is the other Board Members who simply RUBBER STAMP without much input anything that gets presented to them by Ward and Facundo.  I have offered my suggestions based upon over 30 years of experience and I have volunteered to work with them (Ward, Facundo, and RJ) in any way possible to end the financial crisis, move the lawsuit forward and hopefully win the lawsuit, and get our building back into acceptable condition that can and will foster a successful resort property generating acceptable rent levels for all owners. 

TODAY - We need Greg Ward, Facundo Yebne, RJ Schecher, and Larry Mishou to vote YES to get Elder back working to take over and hopefully win our legal case.  Below you will find their email address and I now ask every owner to send them an email and request they VOTE yes to get Elder back today because in a few weeks nothing they do will help us win our case as time is quickly running out and the cost of doing nothing is going to rise to $500,000 PLUS PLUS  before the next election. 

 

Greg Ward  gcarterward@yahoo.com  

Rodney Hadfield rodhadfield@gmail.com 

Facundo Yebne fy@designsuitesmiami.com 

George D’Amato roadrunner12833@aol.com 

Mason Gomberg arijacgom@aol.com 

RJ Schecher schecherrj@hotmail.com 

Larry Mishou lmishou@comcast.net 

 


BASIC ECONOMICS - OVERLOOKED BY HBR BOARD

A new 62inch Flat Screen Smart TV sells for $2,000 but it is now on sale for $1,200.  Some HBR Board Members believe they are saving $800 while the wise HBR Owners believe or see the Board Savings of $800 as actually spending $1,200. 

The same HBR Board Members believe they are saving $250 per hour or $35,000 in legal fees by taking no action to VOID the illegally created lease now forced upon all HBR Owners by Jekic & Welliver, while  the same wise HBR Owners believe or see the Board Savings of $35,000 as meaningless becuase with proper legal representation by the Elder Law Firm the Associaiton (All Owners) would be saving not only $50,000 per month but recovering millions in illegally diverted condo fees.   It boils down to saving an estimated future legal bill of $35,000 or spending $50,000 per month each and every month or if a lower $25,000 per month deal is negotiated - where are we in the big picture?  The right move is to get Elder back no matter how you run the numbers. 

In the end, it is not how much you save if the estimated savings offers little or no  benefit when you consider the big picture. Our time to respond to the motions before the court is quickly running out and as of today, the HBR Board has done nothing to protect their Association and all the condo owners who are being forced to cover a $7.5 Million PLUS lease created illegally and in direct violation of Florida Condo Laws.

I have reached out to the HBR Board and enjoy several productive conference calls and communications with both Ward and Facundo where I volunteered to do whatever I can to influence the Elder Law Firm and Greg Elder to come back and represent our Association on the most cost effective basis.  I'm still waiting for their approval to approach Elder.  We need Ward, Facundo, RJ, and Larry to vote YES and I will get on it immediately and get the ball rolling to protect all of us immediately. 

I ask every owner to take the time to email or call Ward, Facundo, RJ, and Larry to demand they vote YES to get Elder back and get our legal case back on track to VOID the lease and start the recovery of our illegally diverted condo fees.  

The issue is: (1) save $35,000 in estimated future legal fees or (2) save $50,000 per month by voiding the lease and maybe recover over $2,000,000 in illegally diverted conod fees from those who made it possible. 

I'm ready to work with the Board to use my influence putting  it to work for them. The ball is now in their court and it is time for them to score or lose the game because the buzzer is about to ring as we run out of time. 

Not having a plan and not having a direction to go benefits nobody.  

Now consider that nothing has been done in 5 months and @ $50,000 per month we have just wasted $250,000 by doing nothing Vs spending the $35,000 on voiding the lease and avoiding the charge just racked up in the amount of $250,000 while the mall owner hires Top Gun Lawyers to defeat us as they laugh all the way to the bank.  THIS IS THE BIG PICTURE AND THIS IS WHAT THE RECALL IS ALL ABOUT 

TODAY-  IT ONLY TAKES WARD, FACUNDO, RJ, AND LARRY TO CHANGE THIS



THE SCHECHER FACTOR  says - LET’S CALL IT THE KW FACTOR 

[ click here ] Take a minute to read an article about KW Management and the horrors experienced at another condo in Miami under the management control of KW.  Ask yourself - Does this story sound familiar?  Is this not the exact or similar thing taking place at our Condo? Why did Ward & Facundo bring back KW at twice the price of the prior management company that was family owned and operated and had recent experience in dealing with the 40 year certification at another condo with huge success?


It’s a one word question.  WHY?

I ask our Open & Honest Board Members (Ward, Facundo, Rod, George, and Mason) this very simple but critical question regarding the following two key points which, in my opinion, clearly demonstrate their gross negligence as directly related to their failure to act or administer our Association in a responsible manner or uphold their fiduciary duty to their fellow condo and timeshare owners at the Hollywood Beach Resort.

Number #1 - After almost 5 months in office you have failed to take any action to move the legal case along to void the illegally executed $7.5 Million Mall Lease that binds every owner and every future owner.  The monthly cost associated with your delay is approximately $50,000 per month and after 5 months your failure to take action has cost me and every single one of my fellow condo owners $250,000.  This is one quarter of a million dollars you wasted of our money because you have done nothing to protect us and you refuse to even talk or address the issues when asked. WHY?

Number #2 - After almost 5 months in office you have failed to address the issues related to the 40 year certification and the repairs outlined in the Agreement with the second floor mall owner.  You have driven the contractor off the job and you refused to allow Board Member (Larry) to negotiate an extended period to honor the Agreement for the benefit of the Associaiton with the second floor owner.  Again, in my opinion, this represents gross negligence directly related to  your failure to preform or administer our Association in a responsible manner or adhere to your fiduciary duty to protect the Association.  Your failure to act  is costing us approximately $45,000 per month in penalties to the second floor mall owner.  In 5 months this represents $225,000.  This amount is also close to "one quarter of a million dollars" and combined with Number #1 (above) you have wasted approximately $475,000 which is just under ONE HALF OF A MILLION DOLLARS.  Why?

 

Owners Recall - Why?  The answer is clear when you consider JUST the two items listed above.  The answer is more defined when you consider everything else these four individuals have failed to do or refused to do on top of the two most critical points listed above.  In the short time these people have been in “power” they have cost us $475,000 in wasted money that would be better spent on our building which is what are maintenance fees are legally collected for. 

These people are not only grossly negligent but they are now approaching the level of being held legally liable for their actions. Every owner needs to send Cloey their recall ballot today becuase you are paying approximatley $95,000 per montheach and evey month these people reamin in office and take no action to protect their fellow owners - that would be you and me. 

Why should you send in your recall ballot?  There are 95,000 reasons and each has a dollar sign attached and it will continue every month until these people are put out of office.  I don't know how to make it any clearer. 


ONE YEAR AGO WARD WRITES 

Mr. Schecher,

I firmly believe your company (TSB) ran the rental program much more efficiently. 

Your company hires competent hoteliers and seem to be fair in the room rotation and timely reconciliation to pay owners.

The current board is hiring the wife of the President of the Board to operate the hotel program. Without interviewing anyone else or proving to the owners this person is experienced,competent,and able to perform the duties of the position is a huge conflict. Or did this happen and I am unaware?

The timeshare units are being rented and some 350k is budgeted for the current budget

The current board is obviously one sided self serving A. Fisher and breaching it's fiduciary duties to the other owners. So all of these funds as well are running through A. Fishers appointed Presidents wife?

The revenue from the bar was initially slated to go towards lowering the maintenance.

It seems like the board is burdening the bars revenue to pay the entire note on the lease so the rest can go where?

Best Regards

Gregory C. Ward 
Tel 954 275 3940 
email: gcarterward@yahoo.com

TODAY WARD FLIP FLOPS

Dear Fellow HBR Owners:

Over the years of being at the HBR I have discovered that people with an Agenda will tell you what you want to hear and smear you when it benefits their Agenda.  How different is Ward and his Board from Jekic and his Board?


The sad truth is that they are more alike than they are different.  Yes, Jekic started the downfall of our building with his agenda to circumvent Florida Condo Law and take our not-for-profit condo association into the for-profit bar and hotel business.  Jekic is on video telling owners that his Board believed this was best for the members [watch the video] and maybe that is why they elected to circumvent Florida Law and not allow the HBR Owners to vote on what the law requires a vote of approval to do.  Ward on the other hand appears to have an agenda to protect Jekic, who after all is not only his neighbor and best friend but was the party responsible for getting the Mall to pay its back maintenance fees to vote Ward and his buddies into office.  Yes, they won because they got the majority vote from the alliance created between Facundo and the Mall Owner and not because they got the majority of independent owners’ votes.  It was the deal Facundo made with the Mall Owner that put our current Board of Directors into power today.


What are they doing with their newly found power?  The answer seems to be nothing to help the HBR Owners because they have not done one single thing to move the litigation along to win the Mall lawsuit or get the Declaratory Judgement started by the previous Board to VOID the illegally executed lease and solve the $7.5 million plus financial crisis it created for all HBR Owners and all future owners.  


First they said nothing and did nothing and now they are saying a lot about nothing and doing nothing to protect owners or move the litigation along to win and recover over $2 Million of our illegally diverted condo fees. 


Most owners now believe the only solution is a recall and we need every owner to send in their Ballot to make this happen.  We need to take control of our Association before it becomes too late to do anything to help ourselves.  Send in your RECALL BALLOT today- Please !


Today our President Ward has taken action to destroy the Hotel Operators Agreement that is on target to pay the Association $400,000 in its first year.  Ward calls Schecher a “profiteer” and claims the agreement offers no benefit to the Association.  However a reality check shows (1) Schecher is not even involved at the HBR, he has been gone for almost 6 years now. (2) The new Hotel Operator and the Agreement offers no benefit except (A) paying almost $400,000 to the Association in fees and rents the first year when noting existed for the last 30 years (B) pays over ONE MILLION in operational expenses that were previously paid by all owners in the Association by having their maintenance fee illegally diverted.  WARD says what benefits his agenda regardless of the truth. 


Consider less than one year ago Ward wrote the following to Schecher -  Today his agenda is to attack the Hotel Program of Schecher’s son and call Schecher a profiteer regardless of what the facts above illustrate.


Mr. Schecher,


I firmly believe your company (TSB) ran the rental program much more efficiently. 


Your company hires competent hoteliers and seem to be fair in the room rotation and timely reconciliation to pay owners.


The current board is hiring the wife of the President of the Board to operate the hotel program. Without interviewing anyone else or proving to the owners this person is experienced,competent,and able to perform the duties of the position is a huge conflict. Or did this happen and I am unaware?

The timeshare units are being rented and some 350k is budgeted for the current budget

The current board is obviously one sided self serving A. Fisher and breaching it's fiduciary duties to the other owners. So all of these funds as well are running through A. Fishers appointed Presidents wife?

The revenue from the bar was initially slated to go towards lowering the maintenance.

It seems like the board is burdening the bars revenue to pay the entire note on the lease so the rest can go where?


Best Regards

Gregory C. Ward 

Tel 954 275 3940 

email: gcarterward@yahoo.com




LET THE DOCUMENTS SPEAK FOR THEMSELVES 

IT APPEARS OUR DO NOTHING -SAY NOTHING BOARD HAS BEEN TRANSFORMED TO THE DO ANYTHING & SAY ANYTHING TO AVOID THE RECALL BOARD. 

Often a little power given to little people go directly to their heads and they become tyrants who seem to enjoy exercising their power of those people, who prior to receiving their little bit or short lived power,  they would never think of offending or belittling.  Today, we have Ward, Facundo, Rod, George, and Mason exercising their short lived power against all HBR Owners without any concern for the long term consequences.  Their actions and their willingness to say and do anything to mask their gross negligence has reached an all time HIGH as the RECALL movement progresses. 


* Ward claims that Schecher is behind the RECALL and I am absolutely NOT.


* Ward says or tells owners one thing, while all the documents say the exact opposite. 


* Ward got into power and immediately started to attack Schecher, Fisher, and others for making agreements that without question benefit the Association in the most equitable and logical manner. 


* Ward calls Schecher a profiteer when Schecher is only reporting what is happening based upon his 25+ years as an HBR Board Member or President of the HBR. 


* Ward slams Schecher just like Jekic to divert the attention away from his and his fellow Board Member’s Gross Negligence 


WHAT DOES WARD SAY IN WRITING  ?  It is a lot different than the song he is singing today. 



8/14/2015- Ward Emails Schecher

KW related email

I was never provided any signed contract!

 

Gregory C. Ward 

Tel 954 275 3940 

email: gcarterward@yahoo.com


----- Forwarded Message -----

From: Grant G. Hall <ghall@kwpropertymanagement.com>

To: "gcarterward@yahoo.com" <gcarterward@yahoo.com

Cc: Cathy Amargot <camargot@kwpropertymanagement.com

Sent: Wednesday, July 22, 2015 2:40 PM

Subject: RE: Owner RFI


Good Afternoon Mr. Ward,

 

I am responding for Jennifer as she has been sick and I wanted to respond to your request.  I have attached the Time Share Agreement for your review, and the Deposit information I need to have Jennifer tomorrow send to me.

 

Thank You,

 

 

Grant Hall, LCAM                                                              

District Manager                                                       

 

__________________________________________________



8/14/2015- Ward Emails Schecher


Mr. Schecher,


I firmly believe your company (TSB) ran the rental program much more efficiently. 


Your company hires competent hoteliers and seem to be fair in the room rotation and timely reconciliation to pay owners.


The current board is hiring the wife of the President of the Board to operate the hotel program. Without interviewing anyone else or proving to the owners this person is experienced,competent,and able to perform the duties of the position is a huge conflict. Or did this happen and I am unaware?

The timeshare units are being rented and some 350k is budgeted for the current budget

The current board is obviously one sided self serving A. Fisher and breaching it's fiduciary duties to the other owners. So all of these funds as well are running through A. Fishers appointed Presidents wife?

The revenue from the bar was initially slated to go towards lowering the maintenance.

It seems like the board is burdening the bars revenue to pay the entire note on the lease so the rest can go where?



Best Regards



Best Regards,

 

Gregory C. Ward 

Tel 954 275 3940 

email: gcarterward@yahoo.com


_______________________________________________________________________________________

QUESTION OF THE DAY - What turned Ward into a mini-Jekic ?  Was it Jekic’s promise to get the Mall to vote him into office?  Was it the alliance made between Facundo and the Mall to vote their slate (Jekic, Ward, Facundo, Rod, George, Mason) into office?  Was it because Jekic talked the Mall into paying their delinquent dues to vote in the upcoming election and later sabotage the owners efforts and legal battle to recover millions in illegally diverted condo fees?  What was it that made Ward, Facundo, Rod, George, and Mason turn against the best interest of the owners they promised to be so Open & Hones with?


IT DOES NOT MATTER - What does matter is that every owner at the HBR send in a Recall Ballot and make the message perfectly clear.  We are not going to take it any longer and we want our money back and those who took it to be held legally liable.  It starts with getting our Litigator back and answering the Mall’s latest court motion before we lose by default. 


  WARD IS RIGHT - AT LAST  

Ward & Facundo - They New Dynamic Duo 

First they hired the attorney Jekic claims represented his interests at the HBR and later Ward claims or posts that  his Board has done more for the HBR in 4 months than prior Boards have done in over 10 years.


For the first time in a long time, Ward is 100% right.  He and his not so Open & Honest Board and especially his buddy Facundo have done more to destroy our Association and cost our Association more money than in the history of the HBR.  Yes, after reading the recently filed motion by the Mall Owners [ CLICK HERE TO READ ] it does appear that Ward is 100% correct.  He and Facundo have all but closed the door on owners being able to recover their illegally diverted condo fees which are now reported to be over $2,000,000 and rising. 


What has Ward & Facundo done in the last 4 months will make history at the HBR ?


One owner made a cheat sheet with the following bullet points 

Newsletter is all glitter and no content.

Board admits to paying bills and entering into agreements of $5,000 or more without holding properly noticed Board meetings to approve same.

Board has held only one properly noticed open Board meeting in four months

Board replaced L&C with KW costing 100% more per year.

Brought back KW  for 90 day interim period, ostensibly to get operating budget. Budget still has not happened.

Concerned owners presented alternative budget which Board refused to consider because they don't like those that proposed it.

Board disparaged former Board while glossing over the fact that our many of these issues which continue to plague the building were "Jekic" created. Ward can't blame his buddy Jekic so he turns the tables on the past Board.

Newsletter does not discuss some of the outstanding bills were HHBR LLC bills that could not be paid without diverting Condo Association funds. Former Board refused to divert condo funds, but this Board did so without compunction or required properly noticed open Board Meetings.

Board's refusal to use $484,000 held in escrow to pay Batista. This set back the 40 year Cert. by two months at an additional cost to the Association of 100K.

Board refusal to pay Batista caused him to file a lien on the property as well as to threaten with possible closure of the building.

Neglected to indicate the insurance payment due for better policy at lower rate, negotiated by former Board came due at election time. It was their responsibility to pay. If they held meeting to effectuate proper transition they would have known.

Neglected to mention the recall action facing them. First in Hollywood Beach Resort  history.

OHBD's lawyers have confirmed that Insurance is not covering one of the suits filed against directors personally. May not cover the other two suits filed against them. Insurance company is investigating further.

Newsletter fails to mention Litigation to void lease & recoup diverted condo funds.


Maybe it is time for every owner to get their recall ballot in no later than Friday.


STRIKE 3 YOU ARE OUT

Read the case history posted by Cloey on today’s HBR Forum because it illustrates the gross negligence and ignorance of our current Board of Directors.  I have said it many times. In 90 days we could have been before the Court with a motion for a Declaratory Judgement to void the lease and be in a position to win the case and recover our illegally diverted condo fees used to pay the lease payments and cover the expenses and losses of the HHBR,LLC illegally created by Jekic & Welliver.  

NO SURPRISE - IT DID NOT HAPPEN because Ward and Facundo drove the Association’s litigator away claiming somehow they believe the attorney represented Schecher’s best interest and not the Association and as Cloey posted earlier today - NOTHING HAS BEEN DONE TO PROTECT THE ASSOCIATION.  NOTHING BY DESIGN OR IGNORANCE  but still nothing to protect the Association and our money.  The attorney Ward hired did absolutely nothing - WARD AND FACUNDO DID NOTHING BUT CHANGE ATTORNEYS and  try to negotiate and illegally executed lease to somehow becoming legal.  However nothing may make any difference after today. Yes, ABSOUTLY NOTHING TO PROTECT THE ASSOCIATION OR OWNERS WHO ARE PAYING THE $7.5 MILLION LEASE.


NOW BEFORE YOU comes the Mall’s Motion to Strike Affirmative Defense.  Yes, it is now the latest motion FILED with the court by the Mall [ CLICK HERE ] and you can see the difficult position we are now in and how expensive doing nothing can be thanks to Ward, Facundo, Rod, and George who believe they have done more for the Association in 4 months than all other Boards have done in 10 years. After reading this, they may be right but they have done more to destroy our Association not help it.


Ward and Facundo along with their rubber stamp Board Members have, as predicted and told by me on many occasions, all but destroyed our legal changes of voiding the lease, recovering our illegally diverted condo fees, and holding the legally responsible parties liable.  


Get rid of these idiots while we can and demand that they hire back Elder to answer this latest document filed with the courts.  We need someone to fight for us, not idiots like Ward and Facundo who are playing lawyer trying to make a deal while all the time they were being set up by the mall owners.  


GET YOUR RECALL BALLOT IN TODAY.  Call Cloey before all hope is gone. 


WE ARE BEING FACUNDOED

OPEN LETTER TO ALL HBR OWNERS ON THE HOTEL PROGRAM


Dear Hotel Partners & Fellow Condo Owners,


RE:  We are under attack for a Facundo Takeover


It now appears that Ward and Facundo have hired the Association lawyer to target our Hotel Program demanding the Hotel to produce your confidential records and contracts.  Rest assured, that the Hotel Operator will not turn over your confidential information to any third party without your written authorization and rest assured that the Hotel Operator’s Agreement does not require us to do so as now demanded by Ward and Facundo thru their attorney. 


[CLICK HERE] to read the Default & Demand Letter sent by the attorney for Ward & Facundo.  This came as a great surprise to the Hotel Management and Operator as they have provided both KW and the Board with several reports as required by the Agreement.  It would appear that they have lost, misplaced, or simply do not understand how to read the reports which includes the monthly activity of the individual units rented by the Hotel Operator. 


We (Hotel Program) have the duty to provide the following according to the agreement

 

 Note-  According to the Agreement, We are to provide (1) Monthly Occupancy reports and rates (2) a profit and loss statement sowing the results of the operation of the hotel, total gross room revenues including fees, revenues, income reconciliations, rate and occupancy by unit on a monthly basis: and (3) cash availability reports on a monthly basis. 


NOTE- We have provided all of the above to both KW and the Association on several occasions.  It would appear that perhaps they do not know or understand how to read the monthly backup reports provided.  In addition to the above, certain items they are requesting represent proprietary or confidential information belonging to the individual condo owners (Owner Contracts) and other information is not only outside the scope of the Agreement but something we do not provide in many cases as we are contracted with many travel wholesalers and booking partners who provide the reservation confirmations etc. 


Compare what we have already provided on several occasions, which in fact incorporates all of the required backup for the 8% fee and individual room revenue for each individual unit, and you will see that this is nothing but scam or an attempt to secure proprietary corporate information from our company to turn over to the Alternative Rental Program Owner (Facundo Yebne) who is the VP of the HBR Association and the same party currently involved in a lawsuit with the Association.  There is no question that what they are asking for and what they are requesting represent items outside the scope of our agreement which represents clear interference of our business which is also prohibited by the same agreement they reference.


DEFAULT - The contract clearly defines the specific reasons the contract may be put in default as well as the only items the Operator has an obligation to provide under the Agreement.  They now appear to be using the Association lawyer to trigger a default without providing any specific backup or explanation other than a review by Ward and Facundo.  They fail to provide the review or the differences they claim represent shortages and they further demand specific documents and records that are outside the scope of the Agreement or requirements of the Operator to provide under the Agreement.


Where is this all going?  Our Company is on target to pay the Association approximately $400,000 this year alone and we have already taken over expenses in excess of ONE MILLION DOLLARS that were previously paid and covered under the illegal diversion of owners’ maintenance fees.  It would appear that Ward & Facundo have a very specific agenda and it does not work for the benefit of the Owners especially when it appears that Ward in now trying to cancel the Hotel Operator and let his buddy Facundo take over. 


What is next?  Ward and Facundo drive the Hotel Operator back to their old Front Desk so Facundo can take over the lobby Front Desk.  Ward and Facundo cancel the Agreement and the Association loses its ability to enjoy a perpetual income which is on target for $400,000 this year, and Owners turn out to be the biggest losers because neither Ward or Facundo accept the fact that $400,000 per year is better than the $0.00 income per year received from the Hotel Program over the past 30 years and MUCH BETTER than the $2 Million paid by owners in the form of illegally diverted condo fees which is what Jekic did to us with his plan to attack and take over the Hotel Program and O’Malley’s over the past 5 years.


Ward and Facundo must go before they destroy our Association.  Ward claims he has done more for owners in the last 4 months than all other Boards have done in the past 10 years.  Read what he is doing now and explain to your fellow owners how destroying the rental agreement that pays the Association an estimated $400,000 per year is good for owners.  Explain why Ward does not void the lease and allow the Front Desk to be moved into the FREE space belonging to the Association where the full $400,000 goes directly to the Association’s bottom line and indirectly back into the pockets of all owners

The attorney for the Hotel Program has been given until Friday and I am certain that he will provide a factual legal response.  However, from all indications this may turn out to be a very costly and stupid move on the part of Facundo and Ward .  It would appear that they would rather receive $0.00 from the Hotel Operator compared to over $300,000.  Hey, After all, Facundo has paid nothing to the Association and his lawyer is suing the Association claiming he has no obligation to pay.  

Again, going backwards in time costs everyone but no-one more than the HBR Owners who are being forced to suffer at the hands of Facundo and Ward.  It is JEKIC 2.0 for sure. 

You would think this move to DEFAULT the Hotel would be NEWS worthy and a topic in their latest Newsletter where they listed all they have done for owners, which according to Ward is more than any other Board in the last 10 years.  They are now attacking the goose that lays the golden eggs valued around $400,000 per year.  They want to kill the goose while they do nothing to eliminate or kill the illegal lease that is costing owners millions.  Now do you see what the majority of owners want these idiots recalled?



RECALL FOR PROGRESS 

What does the future of the HBR look like ?


For the first time in the history of the Hollywood Beach Resort Hotel Owners Association an owner driven recall is underway.  Owner finally realize they need to vote four of the most worthless Board Members Out of Office before their gross negligence becomes something that can’t be reversed at any cost. 

Owners are asked to send in their Recall Proxy today to guarantee tomorrow will look like the video presentation above.  Call or write Cloey for more details (914) 924-4469 or cloeysepe@aol.com.  Cloey is one owner dedicated to all owners.  Please get with the RECALL and send in your proxy today. 



WHERE ARE WE GOING ?  What direction is our new Board Members taking us?  Who do we want to have as a leader and what direction do we really want to go as a Resort Hotel?  These are just a few of the questions HBR Owners should be asking themselves because proper marketing and proper price point positioning on Hollywood Beach is critical for the Hollywood Beach Resort. 

There is an Elephant in the room and nobody at the HBR wants to talk about it. 

THE ELEPHANT IN THE ROOM 

Comparison of Leaders - Comparison of Hotel Programs

Hollywood Beach Resort Hotel Vs Alternative Hotel Operation


ON ONE SIDE WE HAVE an Alternative Hotel Program

What GOOGLE show us about Facundo 

About Facundo Yebne 

Our Team

Owner Facundo Yebne, is a serial entrepreneur, with a keen focus in the gay hospitality industry. He’s the founder of one of the most prominent gay vacation rentals in Buenos Aires, The Friendly Apartment Buenos Aires. He relocated to Miami several years ago, and has secured several gay-friendly spots for vacationers and business professionals to feel comfortable and respected.

Facundo says: I’ve lived here since… 2009. I moved to Miami Beach from Argentina so I could start developing my business, but the fun nightlife, amazing people, and the unique atmosphere that permeates Miami Beach were all factors that made it easier to call this incredible place my new home.

I’ve stayed because… I loved the idea of developing my business in a country were the conditions for a young entrepreneur were so much easier that in Argentina. The United States truly is a great place to plan, project, and grow.

My favorite queer bar has to be… The Palace South Beach, where I spend most of my Sundays for brunch. I LOVE watching the drag show there, as it is one of the most unique shows in the world.

Miami Beach’s best building is undoubtedly… My Gay Suites, where we developed high quality condos with hotel services for our guests. I may be a bit biased, but the building itself is absolutely beautiful and it stands out amongst the rest of the Miami Beach skyline.

The most romantic place here… is the Beach, where if you’re a morning person you can see the one of the most beautiful sunrises anywhere. Or, if you like the sunset, you’ll see the most amazing one behind the skyline of Miami. It’s an incredible place to roll out a towel and just sit, listening to the surf and enjoying the company of whomever you’re with.

For culture, you can’t miss… the City Sightseeing Miami tour, the company for whom we are developing a gay night tour that will be a must for gay tourists. Beside all the cultural and historic sites, you will be able to see the history of gay life in Miami Beach.

I shop at… The Shop on Washington Ave or Lincoln road. They have the most original clothes in Miami Beach, and the sales that they have are unbeatable. Washington Avenue and Lincoln Road are also just great places to take a stroll. They are filled with character, people, colors, and tons of shops where you can find pretty much anything you want.

For date night, I head to… Zuma in downtown. They have the best Japanese food in the world and an absolutely incredible atmosphere! Or, if I don’t want to leave the beach, Mr. Chow is another amazing (and authentic) Chinese food spot right next to the beach.

For a day trip, I head to… I’m always partial to visiting Fort Lauderdale, where I can stay at one of the many gay hotels that they have. My favorites are The Royal Palm, The Grand and Pineapple Point. 


MORE ABOUT FACUNDO Facundo Yebne is the CEO of gay travel company My Gay Miami Beach. For more information, visit the official website by clicking here. - 



ON THE OTHER SIDE WE HAVE a hotel program that has been operating at our property since 1987 and supported by the majority of over 200 owners who rent their units as part of the Association's Hotel Program.

What GOOGLE shows us about Schecher

Hollywood Beach Resort has over 200 owners on the Hotel Rental Program which is now operated by RJ Schecher (Schecher, Jr) who has replaced his father who has been the owner of the Hollywood Beach Resort Hotel Program for over 25+ years. The Hollywood Beach Hotel Program has operated at our property since 1987.

Today, Schecher, Sr is gone and has been replaced by his son and other young professionals working to make the Hollywood Beach Resort a family destination for vacation visitors and for “everyone" and “anyone" who wants to enjoy on Hollywood Beach. We realize and recognize that Hollywood Beach IS NOT Miami Beach or South Beach. 

About Schecher, Sr.

The SCHECHER GROUP is a family of niche market companies specializing in the Insurance, Finance, Real Estate, and the Travel & Hospitality Industry.  Founded by Richard J. Schecher, Sr, the SCHECHER GROUP has been providing exceptional client services since 1987 from their offices on  the 79th floor of the World Trade Center until the tragic day of 911.

Today the SCHECHER GROUP maintains its former World Trade Center offices on Wall Street with its Insurance Division   (SIR SERVICES-NY) as well as in several offices across the country with its Finance Division (Bridgeport Capital Services).   In addition to insurance and finance, the SCHECHER GROUP maintains a Hospitality Division  with (SG RESORTS INTERNATIONAL ) in the both the United States and Caribbean which provides direct access to over 5,000 resorts worldwide in more than 100 countries.

The SCHECHER GROUP is also the proud sponsor of the SG RESORTS Vacation & Travel Club  which is part of the Global Network of exceptional timeshare resorts with names like Marriott, Hilton, Sheraton, and more.  The SGVC is an affordable travel & vacation club that provides families with direct access to over 5,000 of the most exclusive timeshare resorts found anywhere in  the world without any of the related upfront timeshare purchase, costs, fees, or any other related timeshare charges what-so-ever.  All  SGVC  Club Members enjoy direct access  to resort properties with rates oftentimes 90% less than the "Best Rate" Guarantee offered by Expedia and other Internet Giants. as well as deeply discounted luxury villa rentals on the North Coast of the Dominican Republic.  SGVC provides a direct connection to  SG RESORTS INTERNATIONAL  which is a collection of luxury caribbean vacation rentals.  

More about Richard J. Schecher, Sr [Click Here]

More about the Schecher Group [Click Here

As an Owner at the HBHOA - What direction do you see the Hollywood Beach going?  South Beach or the new Hollywood Beach Margaritaville feel and flavor ?   

Now that we are talking about the Elephant in the room, it is time to take action to focus on making the Hollywood Beach Resort the Number #2 destination right behind Margaritaville and the Number #1 choice for the OVER FLOW business from Margaritaville as well as the Number #1 cost effective choice for vacation travelers who simply can’t afford Margaritaville higher room rates. 

ON the Upside Down Side - This has nothing to do about being gay, gay friendly, or anything else about the LGBT Community, it has everything to do with marketing and how best to market our property to achieve the highest possible revenue for the owners on the Hotel Program.  AT ISSUE- Nothing else other than target marketing for our property which is currently a different direction than the Alternative Hotel Program owned and operated by our HBR VP (Facundo Yebne) appears to be taking the HBR.  Since 1926 the HBR has enjoyed a history of marketing to the family vacation travelers and not the new “South Beach” market and  after a history of almost 100 years catering to the “family vacation” market the style and focus from the Alternative Hotel Operator is contrary to the direction and marketing efforts of the HBR.  

The question becomes where are we going and what is best for the property?  Nothing more, nothing less.  For the last 30 years, the  LGBT Community has always been welcome at O’Malley’s and the Hollywood Beach Resort and for almost 30 years nothing has changed other than O’Malley’s was driven out of business by former President Jekic, the HBR Owners are left holding the bag on a $2 Million Loss generated by Jekic & Welliver and the failed HHBR, while we have a new VP of the HBR which appears to prefer to transform our property  into a South Beach Property rather than the former Ramada Franchise or a similar property set and ready to capture the Margaritaville overflow. 

So, I ask you - How big is the Elephant in the room and how do we address it?



 THE SET UP - THE KILL SHOT - THE PROFITS - THE CORRUPTION 

The most expensive move the HBR Board can make is NO MOVE at all and that is what seems to be happening at the HBR today.  In my opinion, our place is falling apart because our Board does not wish to address the issues or they have no clue as to HOW the issues should be addressed in a professional business like manner.

What am I talking about?  The answer is simple- I’m talking about acting professional like every other business in the world or every other organization that has a desire to accomplish goals and achieve success.  Our HBR Board of new Open & Honest Owners appear to have the same mental ability and focus as Jekic & Welliver, the  two people who are responsible for the worst financial crisis experienced by HBR Owners since the formation of our two Associations. 

What do I mean?  We have Board Members focused upon or worrying that someone else besides them may be making money from operating a business at the HBR rather than having their focus on improving the HBR.  Yes, this has been the problem for a very long time and remains true today and the main reason we are in the worst financial and physical condition in the history of the HBR.

What should we be doing?  Like any other successful business the Board should be holding WORK SHOPS with HBR Owners to address specific issues before us.  Yes, we should have had a workshop on the annual budget which would address the finances of the Association and the creation and approval of a responsible budget for the HBR. - This has not happened and does not look like it will happen any time soon.  We should have had a Work Shop to address the new revenue generated by the Hotel and how best to use this revenue to:  (A) Purchase a Second Chiller (B) Improve the condition and cleanliness of the halls ( C ) Upgrade to a new phone system as 50% of the phones in the building are not working. 

The HBR Board should be focused upon: (1) Voiding the Mall Lease (2) Recovering the garage overcharges (3) Improving the building conditions (4) Protecting and revising the Pool Easement Agreement (4) Lowering the outrageous cost of management with 35% burden charges (5)  improving the guest experience for paying hotel guests along with many other critical building issues

Sadly, our new Board has elected to run silent and run deep accomplishing nothing and saying even less about what they are doing and why they are doing it, or not doing anything. 

Consider it should have taken approximately 90 days to get before the court to seek the Declaratory Judgment necessary to void the mall lease. The Ward-Facundo Board choose to drive the Association litigator away and somehow attempt to negotiate with the mall to make an illegally executed lease legal.  The lease that binds all HBR Owners to over $7.5 Million in rent payments in direct violation of Florida Condo Law.  Now, we are faced with charges ringing up at the tune of $500,000+ per year as the Landlord just sits back and waits because the longer nothing is done, the more money will eventually go to the Landlord unless the lease is VOIDED.  Why does Ward, Facundo, Rod, George  and Mason sit back an do nothing?  What they are doing benefits nobody but the Mall Owner. 

It would appear that nothing Ward & Facundo do is for the benefit of Owners or the Association when you consider they prevented Board Member Larry from making a deal with Fisher to defer the payments per the Settlement Agreement.  Yes, it appears Ward & Facundo would rather pay when payment could have been avoided with a simple negotiation with Fisher. 

Not only did Ward & Facundo drive the Association litigator away without even meeting him to review the merits of the case, they have also driven away the Associations’ Engineer who was hired to protect the HBR from Contractor overcharges, change orders, and other critical issues related to the 40 year certification.  The Associations’ Engineer was the person who would be responsible to approve payments to the contractor from the Escrow Account which is not happening and now we have a new lien on our building and the real possibility that our building may be closed as an unsafe structure.   Hey, just like Jekic - the money they are wasting is OPM (Other Peoples Money) and who cares about OPM?

SET UP FOR THE KILL SHOT 

THE SET UP for a building take over - Is this possible and what do I mean?  If we are being set up for a Developer Take Over it would go something like this.  Step #1Get control of the Board  Step #2 Once in control of the Board, do nothing and say nothing but make sure the condition of the building declines and no progress takes place that would or could improve the building and values for the owners targeted for the buy-out  Step #3 Set the Owners up for a “Special Assessment” to drive them out or decrease the value of their units for a less expensive buy-out  Step #4  Start the process of acquiring the legal number of condo units to dissolve the Association and drive all owners out at rock bottom prices Step #5 - Once the percentage of units have been acquired, vote to dissolve the Association and bill the crap out of the owners who hung on until they leave Step #6 Redevelop the property and make millions in profits at the expense of the stupid owners who did not see it coming 

 

Step #1 - DONE

Step #2 - DONE

Step #3 - Almost Done

Step #4 - In the works - Facundo has investors and is acquiring units 

Step #5 - In the works

Step #6 - Final Goal 

 

How many owners does it take to make the above a reality?  We only need owners who do not care about being forced into a $7.5 Million Lease with hidden financial guarantees.  We only need owners who sit back and don’t even vote when they see their only chance to VOID an illegally formed lease and recover MILLIONS disappear right in front of them. We only need owners who believe what they are told by Board Members with a special agenda that benefits a select few at the expense of the many.  Hey, this is just what is happening today 

But what do I know, I’m only a member of the KW Peanut Gallery 



How to increase your rental check by 18%

If you ask any owner about the monthly rental check they receive, including myself, I doubt that you could find one owner who would not like to see more money or a larger rent check at the end of every month and especially in the slow summer season.

How is this possible?  What can be done to increase our monthly rental checks by at least 18%?  The answer to this question is simple - We need to improve what the Hotel Operator calls the “Guest Experience” of our building and it is really that simple.

Compared to owners who rent their own rooms and deal with renter complaints, most owners on the Hotel Program do not realize that approximately 18% of the annual room revenue is lost because guests check into our building and check out because of one building related issue after another. 

Yes, between having to offer unhappy complaining guests either: (1) a total refund of their deposit or pre-paid room rental because the building has a serious problem of one sort or another or (2) a reduction or discount off  the already discounted room rate for one reason or another for the same basic set of building problems.  Yes, the Hotel Operator has been keeping track of not only the business booked but the business booked and lost. 

Today we see the HBR  room revenues being negatively  impacted because of three major complaints which  costs or represents an 18% loss because our building is in such disrepair.  Just close your eyes and picture yourself working as the Front Desk Clerk in the middle of July where a guest checks into one of the hotel rooms.  The guest just arrived from NJ and discovers that there is no air-conditioning in the building.  It is July and feels like 100 degrees outside and almost as hot in the hotel room. 

It takes this guest about 5 seconds before he or she marches back to the Front Desk to demand a refund or to complain and demand a discount off the published or already discounted room rate the Hotel Operator advertises because we are the only ones who know, in advance, that the building has no acceptable level of air-conditioning.  Do you realize this example has been true for 3 years in a row?  Think back to the 4th of July weekend and you will remember that the air-conditioning has been a major issue for not only the condo owners but for  ALL of the paying guests as well.

Now consider something as simple as the Florida National Bug- the Cockroach or La Cucaracha. Do you realize our building is infested with them and this is one of the major complaints of paying guests right behind the air-conditioning?   Yes, it is true.  The HBR Board  is required to hire an exterminator  for the building but the Hotel Operator was forced to hire its own exterminator to do the rooms on the Hotel Program because the job done or not done by the Association’s exterminator is far less than acceptable.  

One Last Example - the condition of the hallways- guest complain that the hallways not only smell bad but the carpets are filthy.  This is the case more often than not because it is on record that the Jekic Board did not clean the carpets at all and they were first cleaned in almost 5 years by the Fisher Board thanks to my son RJ who secured a company to clean the carpets for the first time in 5 years along with the tile floor in front of the Front Desk area and first floor lobby area. In addition to the dirty carpets, if you look at the laundry rooms where the trash is often overflowing from the cans because long term owner generated renters who live in the building most of the year often deposit their trash in the laundry room trash cans rather down the trash shoot. 

Bottom line, at the end of the day we have a Front Desk Staff that not only checks people in and out of our building on a 24 hour basis but they processes refunds on a 24 hour basis that amount to approximately a 18% loss which we could easily avoid with proper building air-conditioning, proper pest extermination, and proper or scheduled cleaning of our hallways.  

ALL OF THIS is the basic responsibility of the HBR Board of Directors and the management company of the building.  So at the end of the day, I guess you could say that poor management and unqualified Board Members are costing every owner on the Hotel Program approximately 18% in lost room rentals. 

We need to change our Board of Directors and we need to get rid of KW as fast as one can say the words “I want a refund” but what do I know?  I'm just a member of the KW Peanut Gallery 


DOUBLE STANDARD - Not so Open & Honest but no conflict of Interest

Prior to being elected to the Board of Directors certain owners were demanding to see and read the Association’s Exclusive Hotel Operators Agreement which took over one year to negotiate and execute for the benefit of the Association and all HBR Owners, both Timeshare and Condo.

OK, so what?  The SO WHAT becomes what is happening today and why Facundo has a huge conflict of interest as the VP of the HBR Associations and why he either needs to resign or be recalled by the majority of owners.

THE CONTRACT READS: 

2.1 Appointment of Operator. Owner hereby appoints and engages Operator, and Operator hereby accepts appointment, to maintain, operate, manage, and supervise a hotel rental program at the Hollywood Beach Resort, as a transient and condo hotel guest facility in accordance with this Agreement (hereinafter referred to as the "Hotel Rental Program"). This appointment is exclusive and  Owner shall not, directly or indirectly, operate any hotel rental program at the Hollywood Beach Resort, during the term of this Agreement. Further, Owner and Operator acknowledge that owners of Hotel units sometimes attempt to operate hotel rental programs at the Hollywood Beach Resort (hereinafter referred to collectively as "Alternative Rentals", only if run by a third party), and that these Alternative Rental Programs have a negative impact at the Hollywood Beach Resort due to, among other things, the lack of rental standards, the lack of unit standards, and the lack of appropriate screening of guests. Therefore, Owner agrees not to or assist or encourage Alternative Rental Programs run by a third party, and Owner agrees to undertake reasonable efforts to enact rules and regulations regarding these Alternative Rental Programs. The Alternative Rentals does not include owners of units that attempt to rent their units on their own. However, owners of units that rent their units on their own must comply with the Declarations, By-Laws, all rules and regulations of the Associations, and the local, state and federal laws and regulations, and must submit their registration through Operator. Owner shall use his best efforts to enable unit owners to comply. 

 

Now Note above-  The Owner which is the HBR Association shall not, directly or indirectly operate any hotel rental program at the Hollywood Beach Resort, during the term of this Agreement.  CONFLICT OF INTEREST #1- Facundo is the VP of the HBR Associations and Facundo is operating an Alternative Hotel Program (Design Suites) as defined in the Agreement.  As the VP of the HBR Associations he has a huge conflict for a number of reasons which I will attempt to address a few in this Post. 

 

Consider as the VP of the HBR, Facundo is indirectly, as a corporate officer of the HBR, operating a hotel rental program at the Hollywood Beach Resort and as the VP of the Association he is doing it in direct conflict of the Agreement he, as the HBR VP, has the fiduciary duty to uphold and enforce. CONFLICT OF INTEREST #2- Owner agrees not to or assist or encourage Alternative Rental Programs run by a third party, and Owner agrees to undertake reasonable efforts to enact rules and regulations regarding these Alternative Rental Programs. OK- Facundo is a corporate officer and VP of the HBR and has the fiduciary duty to enact rules and regulations regarding Alternative Rental Programs but the only Alternative Rental Program is Design Suites and he is the owner of Design Suites.  How can he enact rules and regulations that do not benefit his own Company - Design Suites (The Alternative Rental Company). Yes, It is a clear conflict of Interest and another reason Facundo needs to resign or be recalled.

But wait- Facundo has told everyone he is a honest person.  OK- if he is such an honest person why does he refuse to pay the 8% fee and why did he take legal action against the Association and now has his attorney asking for $40-$50,000 in damages and demanding that no settlement can be made unless it is agreed that Facundo does not have to pay the 8% fee like all other owners pay?

I spoke to my client - …. He was adamant ………would need to be in any settlement — ….He is NOT willing to agree to the 8% because we do not believe that is collectible under the front desk agreement);….My client relays that he thinks he's in the hole 40-50k so far.  We'd like to recoup that but first and foremost, we would need assurances on the first two items

 

Is this yet another conflict of interest where the Owner’s Corporate Officer and VP  (Facundo) is also the President and Owner of Design Suites (Facundo) who is currently suing the HBR and is now demanding payment of $40,000 to $50,000 in damages and a settlement that has the Alternative Hotel Program exempt from paying fees in direct conflict with the Associations’ own Agreement? 

 

Now Note above- Alternative Rental Programs have a negative impact at the Hollywood Beach Resort - Does this NOT apply when you have the Alternative Rental Program suing the Association and demanding  $50,000 in damages plus a settlement that cheats the Association out of tens of thousands of dollars in fees that all the other owners pay but will not apply to the Alternative Rental Program owned and operated by the VP of the HBR Association ?  

What the Facundo ?  No conflict of interest here and absolutely no reason to worry because Facundo has already told us he is a honest person. 

But wait a minute?  Ward and Facundo are putting pressure on the Hotel Operator asking KW who was demanding new reports that are not even required while demanding backup on backup because they somehow believe the Hotel Operator is not paying the Association what they should be - which is over $90,000 to date while Facundo paid less than  $15,000 and ONLY after being pressured by the Hotel Operator and NOW Facundo refuses to pay another penny after being elected to the HBR Board and while all the time Ward has not even cashed Facundo’s (Design Suites) check or deposited it into an Escrow Account as indicated by Facundo’s attorney. 

Yep!  It looks like another “What the Facundo” and another reason both Ward and Facundo need to resign or be recalled.  Hey, but what do I know?  This is only one man's opinion who KW believes is a member of the peanut gallery. 



SETTING THE RECORD STRAIGHT 

Just to make things perfectly clear, just how legal is the $7.5 Million Dollar Mall Lease that was executed by Jekic and Welliver?  The answer is that the lease we all like to call illegal is in reality very legal until such time as a Declaratory Judgement is received by the Court. 

Ok, so if it is legal, why are we calling it illegal?  The answer to this question is easy but not so easy.  We call it illegal, however calling the lease illegal is not accurate because what is actually illegal is the manner in which the lease was created, executed, and finally approved but most just refer the lease as an illegal lease because of this.

Let me explain- to be illegal a law must be broken.  Does the lease break any law?  The answer is NO but Jekic, Welliver, and the Jekic Board appear to have violated several Florida Condo Laws in the manner in which the lease was created, the manner in which the HHBR,LLC was created, the manner in which the lease was approved, the manner in which the lease was drafted to hide the undisclosed Lease Joiner and Lease Performance & Financial Guarantee, and several other lease related items.  

Yes, Florida Condo Law is specific and requires certain things and in the case of Jekic & Welliver the Florida Law appears to have been clearly violated in the manner in which the HHBR was created as an LLC, in the manner in which the lease was created and approved, in the manner in which the Law requires a Board vote and none was taken, in the manner in which the Florida Law requires a Board vote to issue a financial guarantee or lease Joiner that binds all HBR Owners to pay the expenses of a new for-profit Third Party Entity, and several other related items- which none was  taken. 

BOTTOM LINE:  Many lease related items in order to legally execute a lease that binds the HBR Associatons and all the owners (400 Condo Owners and 1,900 Timeshare Owners) required a vote of both HBR Owners and HBR Board and neither happened. 

The lease is not the legal issue it is the how, when, and why the  lease was created and the fact that the process used to create the lease violates Florida Condominium Laws and procedures which made it necessary for the HBR Associations to hire a qualified litigator, like the previous Board did, and take the issue to Court where a Declaratory Judgement could be received by the Court that would VOID the lease as the Courts have for many other Condo Associations on various contracts that work against the good of the people and especially contracts that were created in direct violation of Condo Law.  It is also important to understand that the attorney moved to VOID the lease and not have the lease cancelled.  There are very specific leagl reasons why this was the stragedy of the Association attorney who Ward and Facundo drove away.

The previous Fisher Board started the process with a qualified attorney that had not only the experience but almost one year of “work product” that would cost tens of thousands to re-produce by a new or different attorney and the attorney selected by the Fisher Board should have been able to get before the Court and have the required Declaratory Judgement issued in approximately 90 days had he not been driven away by Ward and Facundo for no logical reason. WHICH MEANS BY NOW !

Why do you say no logical reason?  Because Ward and Facundo blew off the attorney and refused to even meet with him to review the merits of the case and how the case would be won in Court.  Ward and Facundo believe they know more than a proven litigatior who went to law school.  Yes, unemployed Ward and Fablous Facundo with all their experience, wisdom, and knowledge choose to get rid of the Associaiton attorney without even meeting with him. They did not even take the time to listen to the attorney they drove away and they hav now spend the next 90 days doing absolutely nothing in regards to the most important issue before the Board in the history of the HBR Association.  Yes, they say nothing because they are doing nothing. 

 

Step ONE in the legal process was to get before the Judge to seek a Declaratory Judgement which would VOID the lease.  Once the lease was voided, the Landlord has no recourse and Step Two of the legal process begins after Step #1 where the HBR starts to recover over $2 Million Dollars in illegally diverted condo fees from those who were responsible for the illegal formation of the HHBR, the illegal execution and approval of the Mall Lease, and  in going after the professionals like accountants, lawyers, property managers, and others who had the fiduciary duty to protect the HBR Association but worked with Jekic and Welliver to circumvent Florida Condo Laws in the formation of the HHBR, LLC and the illegal execution of an egregious $7.5 Million Dollar PLUS lease that puts a financial strangle hold on every HBR Owner and every future HBR Owner. 

The question of legal or illegal becomes more complicated when you have a individual Board Member like  Richard King as the HBR Associations’ Treasurer who is also an employee of the Mall Owner and manager of the mall that is the beneficiary of the $7.5 Million PLUS rents associated with the Lease.  Richard King, the mall employee, as a Board Member and Realtor, and as a property manager (mall manager), and as agent for the Mall should have known, or did know that what the Jekic Board, which he was a part of, was was doing violated Florida Condo Law in the formation of the LLC, in the manner in which the lease was approved, in the failure to secure the HBR Owners vote as required by Florida Law, and in the failure to approve the hidden or undisclosed JOINER and FINANCIAL GUARANTEES.

Jekic clams his Board which included King, the mall employee or manager, received attorney opinion letters and that they followed the advise of Jekic's attorney- OK WHERE IS IT?  Why have they not been able to produce any such letter?  How much did the Mall know regarding what was taking place behind the closed doors and how much was their mall manager (King) influencing the formation and approval of the lease, which prior depositions discovered was approved before it was even written or read becomes a serious question that needs to be explored?  


Yes, this is what is illegal and this is why many owners simply call the $7.5 Million Mall Lease illegal - but what do I know, I'm just a member of the KW annoying Peanut Gallery.


Part I.  The Problem 

HOW MANY MORE? How many more years of failure will the HBR Condo Owners subject themselves to?  How many more years of waiting to reach the light at the end of the tunnel that has been extinguished and may never shine again are HBR Condo Owners willing to endure?  How many HBR Owners remember Jekic telling owners at his very first condo meeting that he wishes he could bankrupt the Timeshare Association?

Our building is approaching 100 years old and it looks it.  Why?  I can tell you why, like it or not, accept it or not, it is because our condo fees which are required by law to be used for the maintenance, service, and repair of our building were illegally diverted to make a not-for-profit condo association somehow become a for-profit business venture and a very risky one at best (Bar & Hotel Company).  

Like it or not, accept it or not-  Michel Jekic and Laura Welliver have bankrupted our timeshare association and they have made the investment of 1,900 timeshare owners worthless the minute RCI dropped our building from its Timeshare Exchange Program?  I ask why did they do it?  I ask why would you allow it and why would you not want to hold Jekic, Welliver, and their band of merry men and women legally liable and accountable for their actions along with those Board Members who supported Jekic and voted or failed to vote when required by law who have defrauded every condo and timeshare owner in our Association.  Why would you not want to hold KW accountable along with the lawyers Jekic claims advised him on how to circumvent Florida Condo Law?  Why would you let KW walk with no liability for their part in the bogus accounting designed to cover up and confuse owners regarding the Association financials?   Do you realize that Welliver testified under oath that the Board did nothing to address the illegal warning on the front of the HBR Financials?  Why?  She had no acceptable respose as to why. Why did nobody but Schecher take action and question the “Disclaimer regarding illegal activity” placed on our Financial Statements?

Do you know or do you realize that Welliver testified under oath that she did not read the $7.5 Million PLUS mall lease before voting to approve it and signed it?  Do you realize that Jekic testified under oath that he illegally diverted condo fees to use as “start up money” for his now bankrupt beach bar? Do you realize that Jekic and his entire Board voted to approve a lease before it was even prepared or available to review and his Board never voted to approve the hidden parts of the lease that BINDS our Associations to a $7.5 Million PLUS financial and performance guarantee? 

Do you realize that Jekic executed a total of 4 leases without the required Board Vote and NOW because of  Ward & Facundo’s inability or unwillingness to act, the Association is now paying for these illegal leases thanks to Ward and Facundo with their rubber stamp Board as they continue to delay and sabotage the Mall Lease that puts over $7.5 Million at risk for all owners and all future owners to pay. 

I ask WHY?  What is in it for them and why does Ward, Facundo, Rod, George, and Mason fear open and honest communication which was their biggest complaint of the Board they replaced?

 

THEY (Ward, Facundo, Rod, George, and Mason) NEED TO RESIGN OR BE RECALLED TODAY because TOMORROW may be too late for all condo owners and all future condo owners. 

PLEASE EXPLAIN WHY THE ASSOCIATION LITIGATORS WHO WERE TAKING AGRESSIVE LEGAL ACTION TO PROTECT THE ASSOCIAITON WERE BLOWN OFF BY WARD & FACUNDO?

PLEASE EXPLAIN WHY L&C WERE FIRED AND REPLACED WITH KW TO PROVIDE FINANCIALS WITH WARNING ILLEGAL WARNING LABELS

PLEASE TELL ME WHY IT IS OK FOR WARD & FACUNDO TO STALL AND SABATOGE OUR LEGAL RECOVERY EFFORTS IN FAVOR OF THE MALL WHO VOTED THEM INTO OFFICE WITH THE NEW FACUNDO-MALL VOTING BLOCK

I don't understand why nobody is pissed off about being ripped off except me.  



Management Company Comparison Chart - The numbers tell the story 

 Charting a New Course may be necessary to save the ship from sinking

                                               KW                      L&C                  KW Cost To Owners

Management Fee              $22,800.00         $84,000.00             $61,000.00 Less TS

 Management Fee             $22,000.00              $0.00                  $22,000.00 More

           Payroll                     $364,460.00       $211,900.00            $152,560 More
          Burden                     $131,205.60        $21,190.00             $110,015.60 More 
      TS Payroll                    $40,872.50              $0.00                  $40,872.50 More
       TS Burden                   $14,714.10               $0.00                 $14,714.10 More
     Staff Parking                 $18,000.00            $8,400.00             $9,600.00 More
     Collections                    $1,500.00                $0.00                  $1,500.00 More 

  Printing/Postage             $3,260.00               $0.00                   $3,260.00 More
    TS Postage                     $3,260.00               $0.00                   $3,260.00 More        

         TOTAL                      $622,872.20          $325,490            $297,382.00 MORE

 

SUMMARY: Using the numbers supplied by KW in the proposed budget approved by Ward, Facundo, Rod, George, and Mason the above table was charted by concerned owners to illustrate the cost associated with bringing back KW. In summary it cost Owners almost 50% MORE to have KW back but this is only part of the problem.

PROBLEM:  Under the management watch of KW the HBHOA timeshare Association was being charged approximately $30,000 per month in management fees by the HHBR,LLC.  THIS IS $360,000 per year and KW did not once bring this huge scam to the attention of owners. Today, the TS Association is all but bankrupt and no longer has any affiliation to RCI making the TS weeks absolutely worthless but still KW is charging a management fee of $22,000.00 per year rather than the $30,000.00 per month that was booked for at least 4 years in the past ON TOP OF the fees charged by KW. 

Today,  KW is charging a payroll of $40,872.50 plus and additional burden of $14,714.10 for the timeshare management when the Hotel Operator is managing the timeshare units for FREE and renting out the vacant timeshare units per the Association's Exclusive Hotel Operator's Agreement which is estimated to pay the  TS Association no less than $100,000 per year in revenue.  NOW- KW is taking 50%of this new revenue generated by the Hotel Operator as payroll to do what?  The Hotel is servicing all the TS Units and is booking and paying all the revenue for the HBHOA.  KW is doing nothing and is back collecting not only huge fees and payroll, but a 36% burden on top.  WHY? Why would Facundo & Ward think this is good for the Association and why would Rod, George, and Mason rubber stamp whatever Ward and Facundo do? 

 

What was wrong with L&C ?  Did they save the Association too much money?  Facundo & Ward claim they somehow work for Schecher while Schecher claims they were hired because they are the best at what they do and they saved the Association almost $300,000 per year in management related costs.  

 

Just another reason, Ward, Facundo, Rod, George, and Mason must go 



ED  CONTERAS TELLS OWNERS ONE THING BUT THE FACTS SAY OTHERWISE 


PART ONE - Illegal Agreements


Ed Conteras  would like everyone to believe that somehow the agreements made by the prior Board are illegal because they benefit either Fisher or Schecher when in reality, this is absolutely not true.  The Agreements made were done so by attorneys who represented both sides in each agreement and negotiated various legal points which in turn resulted in an Agreement being executed between the Association and the other “Party” and the executed Agreement(s) are not only legal but legally binding to both parties or shall we say all parties that are part and party to the specific Agreement our Ed enjoys referencing as illegal.  

Ed also enjoys making comments about the Association Franchise Fee that is part of the new Association’s Exclusive Hotel Operators Agreement and how his friend Facundo who is operating an unauthorized Alternative Hotel Program at the HBR is somehow being screwed by the Hotel Company and forced to pay a FEE because the fee benefits nobody but the Hotel Company.  Again, Ed presents owners with an absolute false interpretation of the Agreement as well as the basic truth. 

All HBR Condo & Timeshare Owners on the previous Ramada Hotel Program as well as the SG Hotel Program have been paying a franchise fee for almost 20 years and this is a fact that is easily verified and that Franchise Fee was either passed onto Ramada or SG International for their marketing efforts which supplied the HBR Hotel Program with an average of $4,000,000 in annual rental revenues. Yes, the Franchise Fee started when the Ramada Franchise was brought to the property and continued with SG and now with the new Exclusive Hotel Operators Agreement.  The only difference is the fact that TODAY, the Franchise Fee goes directly to the HBR Association and benefits every condo and timeshare owner in the HBR Association and not Schecher, Fisher, or any other entity Ed Conteras  would like you to believe. 

The simple fact is that the new Exclusive Hotel Operators Agreement provides a new revenue stream to the HBR Association that never existed before and this revenue goes directly to the bottom line of the HBR Association to offset the cost of critical building items that must be provided to maintain a quality Hotel Operation which includes the building basics such as air-conditioning and other critical building components which in the past the cost of servicing and maintaining the building was and remains the sole legal responsibility of the individual owners who make up the HBR Associations and not the Hotel Operator. 

However, today this has been modified thanks to the prior Board, The Fisher Board, who drafted an agreement that now benefits the Association with a new revenue stream that is projected to reach as high as $560,000 per year when the building is brought back to an acceptable level or standard where our hotel rates can increase and the undesirable Alternative Hotel Programs are eliminated.  Yes, the Fee is money that goes directly to the Association bank accounts that will offset the cost of ownership for every owner at the HBR and will help pay for such things as a new chiller, elevator upgrades or repairs, the cost of Wifi, and more. 


PART TWO - Benefits Only Schecher


Ed Conteras also preaches and claims that the Agreement made benefits only Schecher when nothing could be further from the truth when you consider two very basic and key components or points in the Association’s Exclusive Hotel Operators Agreement: (1) Lawsuit Settlement and (2) Franchise Fee.  We already addressed the Franchise Fee above but what we did not say is that the Fees previously paid to a Company that is owned by Schecher is now paid directly to the Association and absolutely does not benefit Schecher in any way whatsoever.  Yes, in the Agreement Schecher gave up the revenues created by the Franchise Fees and passed them onto the HBR Association for the benefit of all owners, even the owners who rent their own units. 

Ed Conteras preaches that the settlement of the lawsuits means nothing but in reality the settlement means the avoidance of no less than $3,000,000 in potential very real liability for all HBR Owners when you consider the merits of the case rather than what Ed claims.

First- one of the settled lawsuits was over the phone number belonging to Schecher’s Company.  In court it would be easy to prove this phone number was hijacked by Jekic as his only business plan to operate his HHBR,LLC Hotel Program.  Why?  Because this phone number produced no less than $650,000 per year in room bookings for over 30 years and this can easily be proven by the RDP Hotel Systems that kept track of the phone number and room bookings.  

Jekic tried to claim that  this phone number belonged to the Association but in reality this phone number existed for at least 10 years before the Association was even formed and was the property of the former Hotel Owner who passed the phone number onto TSB when TSB purchased the Hotel Operator and later Schecher purchased TSB, the company that ran the hotel at the HBR since 1987 and long before the Association had a central phone system in the building. Yes, for those who remember the central phone system did not exist until the Ramada Program and every owner had their own individual phones, cable television,and internet service. Do the math and you will see that the HHBR produced about $1,200,000 in total revenue and $650,000 came from the hijacked phone number or over 50% of the revenues generated by Jekic came from Schecher’s Company Reservation Phone Number used by Schecher’s Company since 1987 and before by the previous hotel owner long before the building became a condo association. 

NEXT - In any lawsuit one must be able to prove damages and in the suit above the damages would and could easily be proven to be no less than  $650,000 X 5 years = $3,250,000.  Hence, the Agreement or Settlement eliminated over $3 MILLION DOLLARS in liability that would have resulted in a Special Assessment against all owners to satisfy because the Insurance Company was only paying for the DEFENSE of Jekic and others under a Reservation of Rights Letter which would force the HBR Owners to cover the Judgement or Court Settlement.  

FINALLY - The Agreement reached is legally binding to all parties and it benefited the Association by (1) Eliminating over $3,250,000 in potential liability and (2) generating a new ongoing revenue estimated to be between $300,000 - $560,000.

BY COMPARISON - The new Association’s Exclusive Hotel Operators Agreement will generate millions for the Association on an ongoing basis while eliminating millions in past potential liability.  A GOOD DEAL without question and no matter what Ed Conteras would like you to believe. 

THE ONLY THING LEFT is for the new Open & Honest Board to honor and abide by the terms of the Agreement before another more costly lawsuit is filed for breach of the Agreement and the related settlements that saved the Association millions and is now generating real cash money for the Association which over time will become millions. 


WHAT YOU NEED TO KNOW 

Jekic does not want you to know. . 

Property Management is one of the most critical components of any successful building and more important for a resort condo but even more important for a resort condo that is almost 100 years old and located directly on the Atlantic Ocean exposed to all the elements that make electrical-mechanical things break or deteriorate. 

Jekic told HBR Owners that we had to get rid of Schecher because Schecher owned the Condo Management Company, The Hotel Franchise Company, and the Timeshare Management Company and Schecher was basically getting rich off of the HBR and sucking the life out of our property.  Well, it took about 5 years for everyone to finally discover that nothing that Jekic was telling owners even resembled the truth or came close to the reality of what was really happening at the HBR Resort when it came to placing the finger of blame on anyone and especially Schecher, Sr. 

It is true, Schecher did own the Condo Management Company, Schecher did own the Hotel Franchise Company, and Schecher did own the Timeshare Management Operation at the HBR but what Jekic did not want people to know is as important as the lies he told everyone to create a movement focused on getting rid of Schecher so Jekic and Welliver could basically pick the pockets clean of every condo and timeshare owner at the HBR Resort. 

Almost immediately after taking control of the HBR Association the Jekic Board took many steps and measures to get rid of Schecher and drive him off the property and today we know this cost to the Association is now over $2 Million Dollars in illegally diverted condo fees.  Yet today, most owners have already forgotten what has been done and sadly many do not even realize the extent of the fraud and deception that they have been victims of.  

Interesting point, that 5 years after blaming Schecher for everything not one single piece of evidence or example can be given to prove Schecher benefited at the expense of owners or took one single penny from the Association as professed by Jekic and his small band of followers.  EVEN AFTER a special assessment of $200,000 to hire forensic accountants and lawyers to GET SCHECHCER. Jekic told everyone that Schecher was going to Jail, he was under FBI Investigation, yet this was just another lie that owners enjoyed hearing because of the get Schecher attitude of certain people who today may finally see that after 5 years and over $2 Million Dollars our building is in the worse condition it has been in over 30 years. 

What Jekic did not want anyone to know about Schecher includes the fact that Schecher cut the management fee by $25,000 per year the minute his Company was awarded the contract by the majority vote of the Board when Michael Shure was the Mall Owner and Condo President.  Jekic did not want owners to know that Schecher hired Sally Morris as manager because she did an outstanding job for the building and she was being screwed out of pay from the prior Management Company who demanded an increase in management fees to increase her salary only to keep it for themselves. 

What Jekic did not want anyone to know about Schecher includes the $250,000 he was able to cut off the total  insurance costs back in the early 1990’s using his connections in NY as one of the largest insurance programs in the Country.  This was a bottom line savings to the Association and one talked about by Michael Shure and others who controlled the HBR back in those days.

What Jekic did not want anyone to know about Schecher included the fact that the Ramada Franchise was continent  upon Schecher having management control of the property because the HBR was the first and only condo resort ever given a Ramada Franchise and Schecher had to personally guarantee the Franchise with his own financial backing unlike what exists today at the HBR where owners guarantee a minimum of $7.5 Million to the first floor mall owner.

What Jekic did not want anyone to know about Schecher is that Schecher’s Company paid or covered all of the losses sustained at the HBR for over 20 years and Owners or the Association never paid one single penny to cover rent, payroll, losses, bar costs, or anything else for that matter. 

What Jekic did not want anyone to know is that the bar and hotel business is risky at best and the operations at the HBR have a history of failure until Schecher came along.  Jekic stated in a sworn deposition that it was impossible to lose money at the HBR, yet today we are out over $2Million Dollars and rising  

What Jekic did not want anyone to know is just how much money he was losing attempting to operate a bar and hotel at the HBR using OPM, owners illegally diverted condo fees.  Jekic diverted so much money that could no longer be covered up that he was forced into adding a line item of $220,000 in the Annual HBR Budget to cover the shortages that already drained the Association bank accounts. 

What Jekic did not want anyone to know is that he was charging the Timeshare Association approximately $30,000 per month in management fees to mask the losses and the disappearance of the $100,000 Schecher paid the TS each year in rental revenue for the vacant timeshare units rented on the Hotel Program.   How could 36 units have a monthly management fee of $30,000 per month?

What Jekic did not want anyone to know is the extent of the fraud and scams that existed for almost 4 years with the bogus accounting, management fees, and more- all designed to mask the illegal diversion of condo fees used to finance his HHBR, LLC which itself is illegal for a number of reasons.  

Now, these are just a few things that Jekic does not want anyone, especially HBR Owners to know but it is important for all HBR Owners to know and understand that KW Management was right next to Jekic all the time this was taking place.  KW did the books, created the financials that nobody was given, created and posted warning labels on our financial statements and more important NEVER ONCE informed owners what was taking place under Jekic.  Worse when Schecher confronted KW their answer was -“We work at the direction of the Board”.

So if the Jekic Board tells you to do something considered illegal or to jump off the Brooklyn Bridge the Management of KW will do just that. 

Can any Ward Board Member (Ward, Facundo, Rod, George, or Mason) tell me why it was so critical that you bring back KW?  Who in their right mind would hire a pilot who’s only skill was taking off with no clue on how to land the plane?  Under the management watch of KW, Jekic was able to drain our bank accounts, mask the deception with bogus accounting, charge excessive management fees to timeshare that eventually destroyed the timeshare, and added bogus line items into the annual budget to illegally cover the losses of the HHBR

It is time for KW to go and be held accountable with Jekic and others - We want our illegally diverted condo fees back and we need you to get rid of KW - AGAIN before it is simply too late. 

GET YOUR HANDS OUT OF MY POCKET - ADOPT THE ALTERNATIVE BUDGET - FIRE KW - MOVE ON 


IT WAS TRUE BACK IN 2011 AND NOW WE SEE IT AGAIN IN 2016

         

Deceptive Condo Accounting - South Florida Condo Fraud & Gross Negligence

by Richard Schecher

When a Board President & Vice President provide nothing but double talk and they hide behind lawyers by refusing to provide Association Documents as required by Florida Condo Law and when they continue to make "closed door deals" work against the benefit of the Association and its members, its time for Owners to take charge and demand change.

If Deceptive Accounting is required to balance the books that can't be balance because just too much money is missing, its time for Owners to take charge and demand change.

When the Condo Accounting is deceptive and the required annual CPA Review has not be done for more than 3 years and provided to Owners based upon Florida Condo Law, it is time for Owners to take charge and demand change.

When the Association has no money in the bank to cover operational costs and the Association bank account is over one million short, its time for those responsible to be held accountable and maybe even face criminal charges and jail time.


SAME OLD SAME OLD DECEPTION - ALIVE AND WELL IN 2016


Yes- New Board Members, New Numbers, but the same old deceptive accounting now that KW is back and the New Open & Honest Board remains loyal to the First Floor Mall Owner and Facundo who voted them into office.  It’s time to RECALL or Take the Fall - Demand the resignation of Facundo, Rod, George, and Mason today. 


WHAT THE FACUNDO ?  

Has anyone bothered to read the new HBR Budget other than Cloey?

As incredible as it may sound the new budget presented and approved by Ward, Facundo, Rod, George, and Mason appears to be one of the main reasons this new Open & Honest Board has been silent on just about everything because nothing in their budget makes any sense at all.  Are they going forward with the litigation to VOID the illegal $7.5 Million Dollar Lease, Financial Guarantee and Performance Guarantee that has rents increase every time maintenance and assessment fees go up?  It would appear NOT because the chain of budget emails between Board Members indicates that they are ready to:  (A) Fund the $7.5 Million illegal lease and (B) Provide no funding for the attorney to take the issues before the Court to have the lease VOIDED.  

How come the budget does not address: (1) The new approximate $400,000 in new revenues generated for the Association to lower fees and costs and (2) The many cost cutting items created by the Hotel Agreement which includes almost $900K in payroll costs, $30,000 per month in bogus timeshare management fees, $220,000 in annual losses previously slid into the budget to cover the operational costs and losses of the HHBR,LLC, and much more.  (3) How can they refuse to acknowledge the income and report it as income?  (4) Why do they have a Timeshare management fee when there is no more timeshare - HELLO!  KW, a big FYI- the property was dropped from RCI and the new Hotel Management Contract provides services to Timeshare for FREE so why are you budgeting a management fee for yourself and why does Ward, Facundo, Rod, and Mason go along with everything you do?

The budget should not be approved and Owners need to demand that this Board immediately resign and appoint Cloey, Lana, and John back to the Board to work out a new realistic and fiscally responsible budget.  We can wait and we can get it done right.  The deadline can be missed and the new budget would be retroactive with little or no consequence once KW is taken out of the picture and we get a budget that more accurately address the needs of our Association and all the owners rather than just one owner, the Mall. 


NO CONFLICT FOR YOU - What the Facundo are you talking about ?

Perhaps the world sees a conflict of interest differently than the HBR Board of Directors because the world defines a conflict of interest as: n. a situation in which a person has a duty to more than one person or organization, but cannot do justice to the actual or potentially adverse interests of both parties. This includes when an individual's personal interests or concerns are inconsistent with the best for a customer, or when a public official's personal interests are contrary to his/her loyalty to public business. An attorney, an accountant, a business adviser or realtor cannot represent two parties in a dispute and must avoid even the appearance of conflict. He/she may not join with a client in business without making full disclosure of his/her potential conflicts, he/she must avoid commingling funds with the client, and never, never take a position adverse to the customer.

Does Facundo have a duty to more than one person or organization ?  The answer is yes.  ON ONE SIDE- He has a duty to his company, his investors, the owners under contract with him which includes certain Board Members,  ON THE OTHER SIDE he has a duty to the Association, the Hotel Operator, the HBR Owners who voted for him believing his platform in the last election, and every owner in the Association who pays maintenance fees

Can he do justice to the actual or potentially adverse interests of both parties?  The answer is NO because ON ONE SIDE  (1) Facundo is representing a company (Design Suites) and Foreign Investors (Argentina) in an Alternative Hotel Company that is defined as being in conflict with the “Best Interest” of the Association (2) Facundo has attempted to avoid paying the Association the required 8% Association Third Party Front Desk Franchise Fee by making a deal with HBR Board Members, who are on his rental program getting “guaranteed special rents” in direct violation of the Association’s Exclusive Hotel Agreement which requires the Hotel Operator to collect the 8% Fee on behalf of the Association, to place the money in escrow because Facundo claims he should not have to pay it - all in direct violation of the Association’s Contract which clearly states that the HBR Board Members are prohibited from interfering with the Hotel Operation (3) Facundo has openly violated condo rules and regulations and cancelled a binding contract created to help him operate his business after being barred from the property by the former Board when caught red handed attempting to secure proprietary key making equipment (4) Facundo is reported to be negotiating the lease that everyone wants voided while he is telling people that he has investors from Argentina interested in buying the first floor - this alone is a huge conflict of interest especially when the first floor mall owner clearly used Facundo as a leverage against the former Board to pay the illegal rent (5) Facundo claims his attorney is working on a Settlement with the Board but no Board Meeting was called or no updates published regarding such settlement talks which would be tricky at best given the fact that nobody on the Board may be eligible to negotiate the settlement because the Board Members are all tied to Facundo by the “special leases or contracts” they maintain to rent their units to Design Suites - ALL NEGOTIATIONS SHOULD BE WITH THE PARTIES THAT WERE SUED BY FACUNDO AND THAT IS THE FORMER BOARD AND NOT THIS NEW FACUNDO INFLUENCED BOARD. 

A BUSINESS ADVISER OR REALTOR CANNOT REPRESENT TWO PARTIES IN A DISPUTE AND MUST AVOID EVEN THE APPEARANCE OF CONFLICT but  (1) it is perfectly acceptable for Facundo to represent on one hand Design Suites, Foreign Investors, various people with “special guaranteed deals including Board Members, and his own self interest as a business owner while he sits on the HBR Board which he is suing. (2) it is perfectly acceptable for Facundo to negotiate a new deal on an illegal lease that would benefit the new buyers of the mall which he claims are his investors from Argentina (3) It is perfectly OK for Facundo to work with the Mall and allow the Mall to use his Lease as a “Threat or Influence” in their attempt to force the prior Board into paying the illegal rent on a lease that several law firms have advised the prior Board to see a Declaratory  Judgement  and have VOIDED (4) Representing Foreign Owners as a financial advisor, realtor, hotel operator, or whatever Facundo may call himself appears to be a clear CONFLICT OF INTEREST to the entire world but not to the HBR Board of Directors who have the fiduciary duty to protect the Association which means the best interest of all owners and not just the Mall Owner who paid up and voted these people into office based upon a PLATFORM that appears to be a total SCAM just like everything else taking place after the prior Board left office. 


IT IS TIME FOR RESPONSIBLE HBR OWNERS TO DEMAND A RECALL OF THIS DO NOTHING-SAY NOTHING BOARD OF DIRECTORS - CALL ANDREW FISHER AND DEMAND HE HIRE AN ATTORNEY TO REPRESENT THE OWNERS AND START THE RECALL TODAY!

OR  

EMAIL SCHECHER AND DEMAND HE CONTACT THE BIG FISH, ANDREW’S FATHER AND BROKER A DEAL TO REALL THE DO NOTHING-SAY NOTHING HBR BOARD AND GET AN EXTENSION ON THE AGREEMENT THAT IS COSTING OWNERS BIG MONEY AS A DIRECT RESLUT OF THE PSYCHO WARD BOARD’S FAILURE TO DO ANYTHING.


LET’S GET BACK ON TRACK AND GET OUR MONEY BACK BEFORE IT IS SIMPLY TO LATE TO DO ANYTHING BUT CRY OVER THE SPILT MILK 




FINALLY ONE BOARD MEMBER IS OPEN & HONEST

    SOME IMPORTANT FACTS THE...

SOME IMPORTANT FACTS THE CURRENT BOARD DOES NOT WANT TO ACKNOWLEDGE WHICH MAKES ME DEEPLY CONCERNED FOR A NUMBER OF REASONS

NUMBER #1 Background: Closing of the Restaurant The critical and very important action that the prior board took was to shut down the kitchen at the restaurant, and only serve drinks from the bar. The reason this occurred was because the kitchen was, and is, in deplorable condition and needed a replacement of the stoves, air conditioners, and other kitchen equipment. This is important to understand, as any new vendor that the Board may attempt to bring in will need to replace all of this equipment, or if the Board wishes to reopen the restaurant they will somehow need to figure out a way to fund these purchases. Jekic took our insurance refund of $300,000 and there is no record of this money ever being paid back to the Association or any canceled check,wire transfer, or any other recorded payment during the entire 5 years KW was keeping the books. Following the closure of the kitchen, it was discovered that due to the type of liquor license held by HHBR, LLC, a certain percentage of sales was required to come from food sales. Given the discovery of this information and the restriction, the former Board was forced to make the decision to either: (A) Illegally fund the restaurant so that it could purchase new restaurant equipment, or (B) Close the restaurant.

Number #2 THE DECISION WAS MADE to close the restaurant because funding the ongoing venture by diverting the condo fees was and is illegal and the prior Board did not want the liability or exposure represented by approving an illegal act. Due to the prior board refusing to make a decision that would place the board members in a position of significant personal liability, the unanimous decision was made to close the Restaurant/Bar altogether. After deciding to close the restaurant, the past Board sought additional legal advice regarding the lease itself. After obtaining Opinion Letters from all of the lawyers we contacted stating the insurmountable challenges to a Settlement, as detailed in part below, the Past Board made the decision to start litigation to break the lease and recover the diverted funds on behalf of the Associations.

Number #3 THE CONCERN SHOULD BE that the current Board did not even take the time or schedule a meeting with the key attorney who was hired to spearhead the litigation based upon his experience and background with a prior case against Jekic & Welliver in Federal Court. The attorney was forced to resign because the newly elected Board refused to meet with him and other attorneys for no logical reason and now we see that behind the scene moves are being made to address paying the Mall all delinquent invoices and somehow negotiating a settlement on a lease that is illegal as it did not have the required owner majority nor did the absolute financial guarantee and performance guarantee hidden in the lease and never disclosed to owners.

Challenge: Practicality

In my recent meeting with Greg and Facundo, I was advised that they were seeking to settle the current litigation with Commercial Unit 100, LLC by reinstating the lease and bringing in a 3rd party to operate the restaurant. There are several problems with this, most of which I will get to here, but the main issue is practicality and logistics. The prior board attempted to do exactly what this board is now stating as its intention: bring in a 3rd party to operate. The prior board achieved this for the Front Desk, by signing the Exclusive Hotel Operator Agreement which is currently bringing in over $30,000 per month. However, the Board was unable to find a restaurant operator that would agree to the current rent. Although the past board had negotiations with over 4 restaurant operators, not one would agree to the $24,000 monthly rent currently allocated to the restaurant space. It is further important to note that this extremely high rent of $24,000 is not fixed, and if the HOA fees go up this year, the rent will go up by double. The highest rent any restaurant operator would pay was the operator of the Tipsy Boar, who offered to pay $13,000 per month. Even this operator however, wanted several months of free rent to start so that he could afford the buildout of the restaurant and replacement of kitchen equipment. Obviously, the past board was not willing to agree to a deal that would have cost the association tens of thousands of dollars without any return. The other issue was finding an operator with the financial means to provide a meaningful guarantee and prospect for success. Although the past board did find one person willing to pay this exorbitantly high rent, they did not have the financial backing to be counted on, could not afford any meaningful deposit, and left the past board concerned that the vendor would run up bills on the space ultimately leaving the Association responsible for the operator’s losses.

Challenge: Illegal Formation

The other challenge standing in the way of a settlement is the fact that the lease and entity holding the lease were illegally formed. Firstly, as we have been advised by multiple law firms, including Sachs and Sax and Siegfried Rivera, in order to legally bind the Associations (and any subsidiary) to a guarantee or a lease you must present all of the Condo owners with a budget, business plan, capital investment plan, and waterfall, among other requirements. Following the presentation of this information, it is required for the majority of Members (unit-owners) to vote affirmatively that they desire to invest in the recommended enterprise. Unfortunately, a Member Vote was never conducted so the lease will always be illegally formed, and no settlement will change that fact. If a settlement is completed, in order to properly ratify this lease, we as a board would be forced to hold this Member Vote, and would have to obtain a majority approval from all owners. Further, it is important to note that the lease is held (in addition to the Associations being illegally made a party to the lease) by HHBR, LLC. It is important to note that according to Condo Law, an Association cannot own an LLC. Because an LLC is a pass-through entity that does not pay taxes, and because an Association is a non-profit, it is illegal for an Association to own an LLC as this would be considered Tax Evasion. Therefore, as you will see from the attached Attorney Opinion Letter written by Elizabeth Bowen, if the Association wants to be in good-standing with the Restaurant/Front Desk lease, the Lease would have to be assigned to an S-Corporation that would be responsible for paying taxes on its income. In order to transact this assignment, we as a responsible board would have to hold a Member Vote to get approval. Without obtaining the Affirmative Majority Member Vote, any Board Member voting to approve a Settlement would be open to personal liability by failing to uphold the Condo Docs and Florida State Condominium Law.

Challenge: Illegal Funding

As mentioned earlier, the previous board was forced to close the restaurant because it was unwilling to divert funds from the Associations to pay for losses from the Restaurant and Hotel Program. Previous boards under President Michel Jekic chose to divert Condo Fees without regard to Condo Law, however the past board was unwilling to subject itself to the same personal liabilities. The past board was advised by council that it would be illegal to divert funds from the Association to pay for the losses and to invest in replacing kitchen equipment due to the illegal formation of the Lease. Therefore, the problem becomes, even if we are able to renegotiate the lease, it is impossible to reopen the restaurant and replace kitchen equipment without funding.

IN THE END

I think we all understand at this point that Michel Jekic and Laura Welliver signed this illegal lease in order to generate income for the Association by opening a Restaurant and Hotel Program. Everyone understands that they made this decision with the hopes of reducing the dues for the Association. Unfortunately, their decision has resulted in the exact opposite effect: Hundreds of thousands of dollars in losses and an increase in HOA dues for all owners. The only way to rectify this illegal action that was made is if we either: A) Pursue the litigation to the end in order to recoup all of our diverted funds, or B) Pursue a Settlement with Commercial Unit 100, LLC and Ocean Walk Mall, LLC. As I have outlined above, however, the only way to make a legal settlement, and one that I as a board member would consent to, would be if the lease was to be assigned to an S-Corporation and we receive an Affirmative Majority Member Vote to approve the lease and all of its terms. However, if the Board is not willing to entertain seeking an Affirmative Majority Member Vote on this matter, and the restructuring of the lease and its terms, I do not see any way that a Settlement can be negotiated. I, personally as a fellow Board member, would not entertain such a Settlement as I am not willing to open myself up to the tremendous personal liability that this action would create. And, as was proven with the lawsuit against Michel Jekic and Laura Welliver, the insurance company will DEFINITELY deny coverage as agreeing to such a settlement would be acting outside of our authority as Board Members for the Associations.

REPORTING TO ALL OWNERS AS A CONCERNED BOARD MEMBER



GONE AT LAST - GOODBYE  SCHECHER

BANNED - SUSPENDED WITHOUT PAY - AT LAST

At last the bad boy of the HBR (Schecher, Sr.) has been silenced and removed from the Owners Forum and will no longer be making posts about our new Open & Honest Board of Directors who appear to be working against the best interest of the Association while meeting to secure new operators to reopen the beach bar.  

Yes, it would appear that the email from the Mall Manager asking President Ward and VP Facundo why the bar is not open yet may soon be answered. So much for the recovery or our illegally diverted maintenance fees, so much for recovering over $2 Million Dollars spent on an illegal LLC to cover loses and rent paid to Oceanwalk Mall.  So much for being Open & Honest and keeping owners informed or explaining why they drove the Associations legal team into resigning.  Yes, like Jekic before them, Psycho Ward and Fabulous Facundo seem to be following the same play book that Jekic & Welliver used to take OPM (Other People Money)- your money- to open a bar and hotel company that went bankrupt in just a very few years.

At the end of the day, our Keystone Board of Directors (Greg, Rod, George, Mason, and Facundo) have the power to make a deal with the Mall and sabotage the legal recovery efforts of the Association’s competent attorneys who all resigned but they do not have the power to make the illegal lease into a legal lease without the vote of all owners.  Why? because the lease requires full disclosure and the vote of every owner in  the Association. Without the vote and approval of all owners the lease remains illegal and the true colors of our new Open & Honest Board becomes apparent.  They were elected by the power of the Mall Owner just like Jekic and just like Jekic they have sold their follow owners out and up the river. 


SCORE 1 to 0 as Schecher, Sr is gone and can no longer make posts on the Owners Forum because according to the Posting Police Schecher got the entire community up in arms and against him by his post about the Cast of Characters at the HBR POST he made a few days ago.  Yes, according to the Posting Police or at least according to George D'Amato the entire HBR Community is up in arms against Schecher for what D’Amato claims Schecher posted but the problem becomes what Schecher posted is not what D’Amato claims in his own post directed at Schecher. 


Just like Jekic before them the new Open & Honest Board needs to take every opportunity to silence Schecher and maybe it is not the entire community up in arms as reported by George D’Amato on the Owners Forum in his latest post but maybe it was the people Schecher focused his Posts upon that were up in arms and writing to the Posting Police to have Schecher removed from the Owners Forum.  It appears Monica, Ed, Ward, Howard, Rod, Facundo, George D., Ward’s wife, Rod’s girlfriend, and Chris all wanted Schecher removed from the Owners Forum and this is evidenced by recent posts made by some of these people right after it was announced that Schecher is gone.


If true, thank God that at least the community is up in arms and united against something because nobody seems to be up in arms no less care about the fact that we are being sold down the river by a new Open & Honest Board that has done nothing, said nothing, and seems to be working against the best interest of the Association which is in reality, all their fellow owners with the exception of Oceanwalk Mall. While on one front Schecher was being attacked for posting, Ward and Facundo were meeting to outline plans to bring in a new bar operator and get the beach bar open.  Yes, they are more interested in getting the bar open than getting back over $2 Million Dollars for owners who would much rather see the money spent on our building than opening and operating a beach bar. 


Good Bye Schecher and if what D’Amato posted about you is true, you should be banned for life because nothing you say is true and all you do is promote lies to hurt and defame people.  At least this appears to be the opinion of the HBR wise man (Ed Contras) and D’Amato has clearly stated what you said - or is he lying to play the symphony card to his advantage to silence you once and for all and remove you as a threat to his fellow Board Members?


Let’s check it out - What do the facts say compared to what D’Amato posts about you?


#1.  D’Amato says “Contrary to Richards post we did not involve alcohol in our healing process”. OK so Schecher must have posted or implied that D’Amato was somehow using alcohol as part of his healing process from the tragedy that took place back in 2010. FACT CHECK - No Schecher NEVER made any such reference.- NEVER HAPPENED 


#2. D’Amato says “ As for Mr. Schnecter, you have sunk to a new low, even for you.  I would like to know what owners stated that they have seen me in a constant state of intoxication.   OK, so Schecher must have posted or implied that D’Amato was witnessed in a constant state of intoxication.  FACT CHECK- NO Schecher NEVER made any such reference as posted by D’Amato- NEVER HAPPENED. 


#3.  D’Amato says “You used a tragedy that my family suffered to lie and discredit me, if this was done to you, you would have had your many attorneys filing papers in court the very next day. FACT CHECK- No Schecher NEVER made any such reference as posted by D’Amato and never told one single lie in any attempt to discredit D’Amato.  Schecher made a comment to the contrary and represents nothing close to what D’Amato claims in his post - NEVER HAPPENED.


 In summary  (1) Schecher never said D’Amato was reported to be in a constant state of intoxication and neither did anyone else except D’Amato himself. (2) Schecher never stated or even implied that D’Amato used alcohol as a means to cope with life or the tragic events of life.  It was D’Amato saying Schecher did this when the facts clearly show Schecher did not. (3) D’Amato claims Schecher used a family tragedy to spread lies and discredit him but it would appear that  D’Amato is nothing but a bold face liar himself as Schecher never attacked D’Amato regarding a family tragedy or any other topic other than the fact that he is a member of the new Open & Honest Board that seems to be working against the best interest of our Association. 

In the end, it is all good because Schecher is gone from the Owners Forum and the Board may be free to work and meet unchecked without any fear of their activities being reported to owners on the Forum by the HBR’s BAD BOY Schecher , Sr.  At last Schecher is gone and silenced for at least 2 weeks and maybe even life if the HBR wiseman (Ed Contras) gets his way or if Monica, Rod, Howard, and the band of merry men can get more people to write in and claim Schecher has to be kept silent because owners have no right to know what is taking place at the HBR or who is doing what at the HBR and why they are doing what they are doing. 


At the end of the day the question becomes- Is it legal to ban Schecher form the Owners Forum?  The answer is yes if he violated the written or posted TOS (Terms of Service) but this is a question for the courts and a Judge to decide. 



THE CAST OF HBR CHARACTERS

What do you know about the cast of characters at the Hollywood Beach Resort?  Has anyone bothered to GOOGLE the names of the most hated or the most liked owners at the HBR?

Let’s start with the oldest, fattest  , and the guy everyone loves to blame for just about everything except the assignation of President Kennedy.

Richard J. Schecher, Sr   Google his name and you will discover many links including the one listed here www.richard-j-schecher.com  

Schecher Sr. is the guy that became the target of Jekic and his small group of owners who pointed the finger of blame at Schecher regardless of the facts or “Truth” while they were picking the pockets of HBR Owners clean at the same time they were illegally draining the Association bank accounts and covering it up with the bogus due-to\due-from accounting created by KW Management.  Schecher Sr served as the past president of the HBR longer than any other person on earth but today he is gone and retired.  He resigned from the HBR Board in September 2010 to protect his Ramada Franchise and Hotel Program when it came under attack by his former Manager (David Hess) and others who attempted to destroy and take over his company and business. 


Next lets check out Michel Jekic, the guy who decided it was best for the HBR Associations to go into the beach bar and hotel business and in a few short years the company he created using OPM (Other Peoples Money)- more specific your money- went bankrupt even after illegally sliding over $220,000 per year into the Association’s annual budget to cover the loses of the bar and hotel company he created and even after scamming the Timeshare Association out of $30,000 per month for bogus management fees created to mask the deception and fraud taking place with the Association financial records kept and recorded by KW Management. 


Michel Jekic  Google his name and you will discover many links including the one listed here https://www.youtube.com/watch?v=qtnRe-OcbnI  Jekic is the guy who elected to create the HHBR,LLC which has now cost the HBR Owners over $2 Million in missing or illegally diverted condo fees which represent the main cause our building is in such disrepair today. 


Laura Welliver  Google her name and you will discover a few links http://www.baysidekeylargo.com/Activities.html   Laura was the VP along with Jekic who executed the $7.5 Million Dollar Lease without reading it or understanding it.  The lease contained a $7.5 Million Dollar Financial and Performance Guarantee which is not the topic of a lawsuit and the major factor in the Financial Crisis that exists at the HBR today. 


Greg Ward  Google his name and you can’t find much of anything about Greg.  There are several Greg Wards listed on Google but none are our famous Unemployed Ward or who is now affectionally known as Psycho Ward at the HBR Resort. Why is Greg such a non existent person on social media ?  Maybe because he appears to be unemployed since being terminated as Garage Manager by the same garage that has been over billing our Association for years. Mr. Ward is the current President or our Association and in charge of the administration of our Association which is a complex multi-million dollar company with tons of problems. 


George D’Amato  Google his name and you can find a very sad story regarding his son which is a tragic event for any parent.  George has been reported by some owners as drinking to intoxication and with a tragic loss of a son under the circumstances listed on the Internet one can easily understand and respect the tragic story listed here http://gothamist.com/2010/03/09/father_of_man_shot_by_police_cop_di.php 


Facundo Yebne  Google Facundo Yebne and you can find a lot of fabulous things about this very interesting man who appears to love to live the South Beach Lifestyle as listed here:  https://www.facebook.com/permalink.php?story_fbid=991309250945774&id=892938600782840 and here on a more personal side http://www.gaystarnews.com/article/my-gay-miami-beach-facundo-yebne-floridas-most-fabulous-city150615/#gs.AvBbht4   Mr. Yebne is the Vice President of our Association and the owner operator of an Alternative Hotel Rental Program operating at the HBR Resort in direct violation of the Associations Agreement with the Association’s Exclusive Hotel Operator.  His Alternative Program was also used by the NY Mall Owners in an attempt to have the Fisher Board pay the lease payments even after four different law firms advised the Fisher Board that the lease was illegal and needs to be voided.  Fisher became the target of the NYC Mall Owner who paid up a reported $120,000 in delinquent condo fees to vote the current Board into power in hopes of getting a better outcome when dealing with the former Fisher Board who were protecting the Association and all owners from the illegal $7.5 Million Lease and Financial Guarantee that was never disclosed.


Mason Gomberg  Google Mason Gomberg and you will discover that he is a fantastic doctor who practices in NY as illustrated here http://www.westchesterhealth.com/gomberg  Mason, like most physicians are excellent doctors but terrible business people. 


Rod Hadfield  Google Rod Hadfield and you will discover not much of anything just like our President Greg Ward. Not sure why but this may be the reason his girlfriend appears to be doing all his speaking, posting, and letter writing.  What we do know from the rumors in the HBR Hallways is that Rod lost one of his three units at the HBR when Jekic was in power because he could not earn enough rent to cover the expenses and he had to borrow money from his girlfriend to bail out - Now Rod seems to have a grudge against the current Hotel Operator for what the Jekic Administration did to him.  Not very logical when you consider Rod supported Jekic in his latest run for the HBR Board. 


Richard J. Schecher, Jr  (RJ).  RJ is the son of Schecher, Sr and he is also the person who took over the family business after moving back to Hollywood from the Dominican Republic where he was the operations manager for EliteCVP and the WatermarK Beach Resort. If you google RJ will will discover several links including http://www.caribbean-vacation-properties.com/Dominican-Republic/About_us.html 


Larry Mishou   Larry was asked to serve on the HBR Board when Rod Hadfield refused the position and would not work with the sitting Board because he felt the so-called Fisher Board was not open & honest enough and was not communicating with owners on the new Owners Forum where Rod and others enjoyed regular negative postings that pointed out everything they believed to be wrong with the HBR.  Larry is a sports collector and self-employed.  Larry stepped up to the plate and hit a home run for the owners who trusted him.  He was later assaulted by certain owners who were previously his friends and supporters because he was reporting the “Truth” and this is not what a certain group of owners do not want to hear or accept.  Larry can be best described as his own man and a guy that tells it like it is. 


The FISHERS - This is a family group of owners who have invested millions into the property based upon a laundry list of misrepresentations created by Jekic and others who wanted to entice the Fisher Family into purchasing the Second Floor from the NYC Mall Owner who owed the Association over ONE MILLION DOLLARS in delinquent fees and assessments.  The Fisher Family purchased the Second Floor with future plans to purchase the entire mall property as well as the surrounding garage and garage property.  The Fishers represented the future for the HBR Owners until they were turned upon by certain owners.  In reality the Fishers started out on the wrong foot but quickly discovered the “Truth” and took swift and decisive action to address the issues and start the process of fixing everything that was wrong at the HBR. 


THE SCHECHER FACTOR “Telling it like it isWe are in a financial crisis because the former President (Jekic) and Vice President (Welliver) decided it was best for the HBR Owners to take the Association into the beach bar and hotel business.  This is a fact that nobody can dispute and if anyone does not agree all one needs to do is view the video of the Emergency Board Meeting where Jekic outlines his plan and clearly states for the record that “We believe it is best for the members… (you &me)….” and if you have any doubt or require additonal proof simply watch the Youtube video of Jekic at the Emergency Meeting that started the begining of the end for most of us at the HBR.

Today a little over five years later, we (the members) are forced to pay a $7.5 Million Dollar Mall Lease that benefits nobody but the mall along with seven other illegal leases executed by former President (Jekic) that binds the Association as a guarantor.

Basic logic and common sense, according to Basic Business 101 rules, tells people to create a new corporation or LLC to shield personal assets when going into or starting up any new business.  In addition, Florida Law says that a Condo Association must be a corporation and not an LLC.  Florida Law also states that in order to change the “foot print” of the Association, which the $7.5 Million Dollar Mall Lease does, you must have the majority vote of all Association Members (HBR Owners). 

Jekic told HBR Owners that everything he was doing was legal and that he was following the advice and instruction of his attorney in everything that he does for the Association.  In addition, everything Jekic did was under the watchful eye of KW Management including the monthly diversion of HBR Condo fees to pay the mall rent as well as the checks to cover the losses of the bar and hotel business.  Jekic admitted under oath that he illegally diverted condo fees in the form of insurance money to cover the costs of the beach bar.  Welliver and Jekic both admitted under oath that they had no business plan, no break even analysis, and absolutely no clue what the mall lease said when the voted to approve it because it was not even available to read when they voted to approve it.  In addition, Welliver testified under oath that she did not read or understand the lease. 

What makes both Jekic and Welliver liable to owners for their actions?  The answer is simple as both claim to be experts in the hotel business as Welliver owns a hotel and Jekic claims to have extensive experience in the hotel business.  Jekic is a licensed real estate broker as well as a licensed CAM Manager and he will be held to a higher standard that just a regular owner because he has demonstrated training and maintains a professional license in the field of real estate and community management. 

The big question becomes - why would Jekic and Welliver create a new LLC that should shield the Association from liability and then turn around and execute leases and other documents that binds the Association forever to pay all the costs of the new LLC making the shield of the LLC absolutely worthless?  This basic breach of the most basic concept of business as related to the formation of a new corporation or LLC is beyond belief, especially when Jekic claims everything he did was under the advise of his attorney and everything was taking place under the watchful eye of KW Management who assisted Jekic on every move and every detail. 

In addition to Jekic and Welliver and their Board Members who voted and approved the illegal leases and other documents that penetrate the corporate shield made possible by the LLC who else would be liable and a deep pocket for recovery of our almost $2 Million Dollars in illegally diverted condo fees?  If you ask any attorney the answer would most likely be KW Management and the attorneys that instructed or guided Jekic on how to circumvent Florida Condo Laws along with other more complex legal issues related to the LLC and the diversion of our condo fees.  In litigation and recovery we call this DEEP POCKETS.

Where are we today?  Sadly nobody knows because we have a new HBR Board of Open & Honest Owners who refuse to say or do anything and just about everything they have done from their very first day in office until today looks like they are trying to sabotage any and all recovery efforts created by the previous Board when that Board was informed by several different law firms that the Mall Lease was illegal and a Declaratory Judgement by the Court was necessary and a means to void the lease and recover all of our illegally diverted condo fees.

The solution is simple yet we have the current Board President (Unemployed Ward) and Vice President (Fabulous Facundo) meeting in secret without other Board Members and all the while refusing to meet or review the legal options currently underway with the competent expert attorneys hired by the pervious Board because somehow  they may believe that these attorneys are working for Schecher or Fisher and not for the best interest of their client, the HBR Associations and because of this the attorneys petitioned the court to quit as they could no longer put up with the unprofessional illogical behavior of the new HBR Board and its President (Unemployed Ward) and VP (Fabulous Facundo).

So where are we today?  If anyone knows, please post on this site because our Open & Honest Do Nothing-Say Nothing Board remains silent on the most critical issues before any HBR Board in over 30 years and our Board President is best friends and neighbors with Jekic and our VP is the key tenant used by the mall in their attempt to force the prior Fisher Board into paying the illegal lease because if Fisher did not pay, the mall was going to remove the lease restriction that prevented Facundo from running a hotel operation on the property and use that as a tool to force the Board into submission and illegal payment of the lease.  Facundo himself talked about making a deal with the Mall Owner and the Mall Owner voted the current Board into power after paying up almost $120,000 in delinquent maintenance fees.  

So today we have an Open & Honest Board but nobody knows what they are doing in their meetings behind closed doors with Non-Board Members, wives, and girlfriends, Ducking Howard and others who seem to know more about what is taking place at the HBR than the Board Members who have been excluded from meeting for one reason or another.

We need Board Members who have basic business experience as well as the time to devote to keeping the Association on the right track and that track is what the prior Board started with the legal recovery efforts of our over $2 Million Dollars in diverted maintenance fees that have left our building in shambles and once again without air-conditions as the summer moves into full swing and our first two floors smell like a sewer rather than a mall. 

It is time for resignations or time for a recall.  If the current Board had any sense they would resign make a deal to avoid being held legally liable for their actions or lack of action and allow Larry and RJ to appoint new Board Members who have both the time and experience needed to address and fix the complex issues faced by the Board today. 

At the end of the day, nobody has to like our leaders but our leaders must be compentent and experienced enough to do the job and it is clear that our current leaders are not.  Failure follows any election that becomes a popularity contest rather than an election based upon a specific platform of reform or action. 

DO NOTHING-SAY NOTHING 


THE SCHECHER FACTOR “Telling it like it is

Richard J. Schecher, Sr is retired today after serving on the HBR Board from more than 20+ years and representing owners for almost 15 years as the past President of the HBR Associations. He may be retired but his presence is still felt at the HBR Resort by his BLOG known as “The Schecher Factor

Schecher is the guy who transformed our hotel from a pink hotel with murphy beds into a Ramada Franchise only to see it destroyed by a group of local owners led by Michel Jekic & Laura Welliver.  In September 2010 Schecher, Sr resigned from the HBR Board to address the issues at the Ramada Program which became a take-over target by the HBR Property Manager, David Hess and certain Board Members including the famous Michel Jekic who illegally placed the HBR into the beach bar and hotel business and almost bankrupted the HBR Associations in the process.  Today, the battle continues as Jekic is BACK with a new HBR Jekic Ghost Board led by Greg Ward & Facundo Yebne.  Some say the NUTS have taken over the NUT HOUSE but Schecher says he will BLOG about this until he sells all his units at the HBR.  The HBR Story is what Reality TV is all about and it is a story nobody would or could believe unless they were an owner at the Hollywood Beach Resort. 

THE SCHECHER FACTOR at the Hollywood Beach Resort - Starts Here 

Why bring KW back?  Why trump up charges against L&C Management?  Why not bring in a new Management Company if you had issues?  What is your Agenda?  What you say is not what you do and what you do is not what you say


Facundo & Jekic claim L&C Royal Management sent out pre-filled out election ballots - THE TRUTH says this is not possible because the ballot packagess were completed by KW Management and not by L&C Royal.  Facundo & Jekic want you to believe L&C Royal did not respond to their demands- THE TRUTH shows they handled a very difficult election upon arriving at the property, they responded to all owner requests unlike KW, they saved the Association over $500K by fixing what Jekic & KW created by the charges brought against the HBR Associations by the State of Florida, and they provided monthly financial statements (without the illegal warning label on all of 5 years of KW Financial Statements) and they were on time for the first time in 5 years. 


What the truth says about KW - On Friday January 15th, we met to discuss the issues facing the property and those discovered by the Board since terminating Sophie Hochberg as the property Manager. The discussion included the following:

1) Condo Office Insurance Settlement: The Board recently discovered that under the previous Board, there was an insurance claim of over $70,000 for the fire damage in the condo Office, a space that totals less than 500 SF. Our Board was under the impression that there were still funds available to complete the remaining work, however it was discovered that only $60,000 was received from the insurance company and that $60,000 was in fact spent already to repair the office. It is impossible that this amount was spent to build out 500 SF, especially considering the work is not complete. We have therefore asked who approved payment to the contractors and what inspections of the work were completed prior to final payment, but we have not received any information from you answering these concerns.

2) 40 Yr Cert: We have received the revised scope from the engineer, less than a week after asking for these revisions. Due to Sophie's causing delays throughout this process, we now require your urgent assistance in setting up a meeting with the engineer and the contractor. we would like to have the meeting by the end of the week.

3) Window Install: There was an invoice sent to the Board to pay 'Mr Glass' to install windows for the first floor. At first we were told that the window installation was necessary for the 40 Yr Cert for the building, but after a little investigation this was found to be false - windows are not required to be replaced for the 40 Yr Cert. The Board still stands waiting for an explanation as to why the Association was going to pay for replacement of the windows for the 1st Floor owner.

4) Fire Meeting: As discussed in the meeting, Sophie set a meeting for the City's Fire inspector to walk the property with a fire contractor. As we all know, this will ultimately lead us to have the maximum number of violations possible. We, the Board, expect KW to take responsibility for any violations that come as a result of this egregious act.

5) Double Payroll/Transfer of $50,000: As we now all know, the transfer of $50,000 was not for the payment of the chiller, contrary to the explanation given by Sophie. It was instead transferred so that Sophie could afford to give everyone bonuses. This includes an bonus given to herself and to another employee (matt) despite their not being on the property for very long. Sophie was only on the property for 3 months at the time her bonus was "given" and was on holiday for 3-4 weeks within this timeframe. We expect KW to reimburse the Association for 2 weeks of payroll for Sophie and Matt while they were away from the office, as well as for the Bonus for both. To say nothing of the fact that Sophie transferred these funds without proper authorization and consequently put the association in default of their contractual obligations with TS 101, LLC.

6) Unit 715: The board was recently forced to cancel the sale of unit 715. This occurred due to 2 factors: A) Sophie put the unit up for sale without following the proper procedures per the condo docs (give 30 days notice to all owners) and B) We continued to get conflicting information on the amount of proceeds to be distributed to the Association following the closing. We are still waiting for the correct information regarding this unit, and for a meeting to be scheduled with AFS, as previously requested.

7) Late Fees: Due to settlement conversations with the owner of Unit 486, we discovered that none of the owners were being charged late fees, admin fees, or interest. We have asked that this be corrected and are still awaiting confirmation that such issues have now been addressed.

8) Chiller/Engineer: At the time of the meeting, we were under the impression that the Brand-new, recently-installed Chiller was not working, which explains perfectly Sophie's engagement of an engineer to oversee the transition from the Temporary Chiller. We have now uncovered that the Chiller has already passed City inspection and the Permit has been finalized, and that the engineer hired by Sophie only visited the property twice, and never completed the 'report' that he was hired to complete. Why then is the Board being asked to make payment to this engineer? We expect KW to take full responsibility for this action.

9) Annual Meeting Notice: We have also discovered, and addressed with your assistance, the fact that Sophie instructed the attorney for the association to send out the notice of the Annual meeting to the owners without Board Approval. Further the notice called for an election to take place on a national holiday. Thank you for your help in addressing this issue, but we are still awaiting from Grant a memo describing the election procedures and dates. Please provide as soon as possible.

10) 1st floor cleaning services: We have terminated the cleaning services previously provided to the owner of the 1st floor retail space. We have instructed you, as well as the staff, however as recently as last week we have continued to witness the janitorial staff cleaning the 1st floor bathrooms. Please clarify to the staff immediately, that they should be cleaning all floors and windows on the 1st and 2nd floors - due to the easement agreement - but that no other services are to be provided.

11) Younique Pools: This vendor has submitted for payment and filed a lien for approximately $30,000. After review of the invoices with Miami Pool Tech they have confirmed that the invoicing is extremely high and that much of the work was never completed. To say nothing of the fact that permits were never completed to perform this work, we still do not understand why a request for payment was made by KW management when seemingly no one inspected to confirm that the work was complete and/or done properly.

12) Pool/Common areas: The pool and common areas are not being kept up by the maintenance and janitorial staff. We desperately need your assistance in overseeing the maintenance as they do not seem to be performing their duties and the property has suffered for it.

13) Environmental: Due to the concerns you had, and which were originally raised by sophie, we have conducted a mold test in the office, and have ordered one for the gym. No mold was found in the office where Sophie was working, but remediation is necessary in the front of the office. We will know by next week if any remediation is necessary in the gym.

14) Comcast: When first expanding our involvement, the board asked Sophie for a status of the issues with Comcast - an issue addressed by several owners at a previous board meeting. Sophie advised the board that there were no issues with Comcast, despite the fact that there are still issues with the Phone service being provided, the owners are still not able to upgrade their TV service, and there is no internet being provided by Comcast. Comcast is now (again) working to allow the owner to upgrade TV service in their units and has again working to provide internet for the building. In a meeting with Comcast, we were told that Sophie advised them that they could not conduct any construction (as would be necessary to address these issues) as we had pending litigation with the Garage - despite the existing easement with the garage. We have since met with Comcast and the Garage and the Garage has no intent of preventing them from providing the internet for our building.

15) Cleaning Machine: One of Sophie's first actions as property manager was to purchase a cleaning machine so that the janitorial staff could better service the hallways and common areas. Wonderful. The problem is that the cleaning machine did not work. Upon Jose's - the head engineer at the property - advising Sophie that the machine did not work and could not be used nothing was done and the new machine sat in the closet until after her termination. We are now working with the Vendor to replace the machine for one that works. Please assist with this so that we can again have the capability to clean our own floors.

16) Roof Camera: Upon learning that we had 3 leaks, Sophie hired a contractor for a total of $12,000 to take pictures of the roof in order to identify other leaks that may exist. Since her termination, we have gathered bids to fix the roof leaks and will be able to repair the leaks for less than she paid for the Roof-top pictures. We the board would like KW to take responsibility for this, reimburse the Association for this expense, and handle any issues with the vendor.


SCHECHER FACTOR- YOUR VOTE

Who is onboard with making the HBR the centerpiece of the Hollywood Boardwalk ?  The answer is just about everyone who is anyone in Hollywood Florida except a hand full of owners running for the HBR Board of Directors in the upcoming election.

We have a slate of some interesting people running including Former President Jekic who has been telling people he will be back and running the place by November.  We have Greg Ward who was fired by the Garage Owner and the Garage Owner is now one of the major players in the Development Plans being created for a JV and City Approvals.  We have Rod Hadfield who allows his girlfriend do all his talking and posting for him.  Rod is a great guy, but he can’t even speak for himself, so how is he going to deal with the Movers & Shakers in the City of Hollywood or the Developers and Investors?

 Jekic, Rod, Peter, Greg, Chris Wheller and others want you vote so they can go back and see where all our missing money went.  Jekic needs your vote to end the litigation against him for illegally diverting almost $2 Million of our fees. The sitting HBR Board wants your vote to continue the litigation to get your illegally diverted money back (almost $2 Million Dollars) and they want your vote to take the HBR from the Design Phase to the Construction Phase for the redevelopment of not only the HBR but the surrounding Garage Owned Property.

Yes, while the Rod Hadfield Slate of 7  wants to remove the current sitting Board and risk reversing all the progress that has been taking place over the past 6 months, Hadfield and his Slate of 7 offer no real platform regarding what they can do better or what they will do if elected.  They are and have been both negative and critical of just about everything and anything taking place at the HBR and if elected they will destroy any chance for the HBR to move forward into the future.  They will close the window of opportunity on all owners once and for all.

Most owners can see and will not argue what the sitting Board has been doing is nothing less than cleaning up the financial crisis created by the Jekic-Welliver Board of Directors along with  the financial mess created by the illegal lease and other “closed door deals” created by Jekic, Welliver, and the Oceanwalk Mall Owners. 

The people (Hadfield and his slate of 7) who want to get rid of progress and the sitting HBR Board are for the most part very good people but it takes a lot more than being a good person to make you qualified to run a multi-million dollar business which is and has been plagued with some very serious financial problems.  The HBR is a complex multi-million dollar operation and requires people with real business experience, real business knowledge which includes but is not limited to finances and litigation, as well as a complete understanding of negotiating solutions Vs complex and costly litigation.

SouthView1

More important people like the Fishers and the Schechers are considered “Players” and they have connections and influence with the people in power as well as the influential individuals who actually make or push things to happen in the City of Hollywood. It is no secret that multimillionaires make things happen while others with little or no experience wonder why things happen. 

 If Fisher or Schecher calls one of the BIG DOGS wether it be the mayor or a key player, Developer, or attorney working to make progress a reality at the HBR their phone call is accepted.  If a Rod Hadfield, Greg Ward, or a Peter Fillipi call the Mayor, the Developer of Margaritaville, the Garage Owner, or any of the powerful attorneys in Hollywood who keep the wheels turning, their call will be answered by : “ Rod Who?, Greg Who? or a Peter Who?”   The call will go something like: “Who is he, I never heard of him?  What?- he was the guy fired by the Garage who is now trying to negotiate a multi-million dollar deal with the Garage Owners who fired him?  Now that’s crazy!

As nice of a guy as all of these people may be, they simply are not qualified to run the HBR Associations and it will be impossible for them to take us from the design phase to the completion phase of the recent renderings of what the future of the HBR looks like.  Heck, Peter does not even want the new Development to take place because he fears his monthly maintenance fees may go up.  Hello, is he for real?  Progress is everywhere on Hollywood Beach and everyone including the Mayor, and all City Officials would love to see the HBR become the Grand Old Lady she once was.  Make your vote count, vote for the sitting HBR Board Members in the upcoming election.



Dear Fellow HBR Owners:

RE: Vote for who ?

The question of your vote and the importance of voting in the upcoming election, which has been delayed a number of times for a number of various reasons, is a critical issue at the HBR, especially today. Why? Because for the first time in almost 5 years we have seen action, progress, and a movement by a sitting Board of Directors to make what is “wrong” at the HBR “right”.

As much as certain people would like to point the finger of blame at the current sitting Board of Directors, nobody with half a brain can argue that the current HBR Board has not been doing what is “right” and what is “needed” for the HBOA & HBRCA ( Our Associations).

What have they done?  The list is long but the most important items include but are not limited to: (1) Resolved and reduced Association liability in various lawsuits by attorney directed agreements (2) Started the correct process to complete the 40 yr Certification (3) Started legal action against responsible parties to recover almost $2 Million in illegally diverted condo fees to fund and finance the Jekic & Welliver LLC (HHBR,LLC) (4) Started legal action to recover tens of thousands of overcharges from the Parking Garage (5) Started the legal process for a Declaratory Judgement to end the HHBR,LLC and the $7.5 Million Financial Guarantee issued by the prior Board to Oceanwalk Mall (6) Deep cleaned the hallway carpets for the first time in 5 years (7) Purchased a new AC Chiller with plans to get the second chiller (8) Repaired the elevators which were broke or breaking down for years (9) United the Condo Front Desk Operation with a plan that will pay the Association as much as $300,000+ per year to help offset Owners Maintenance Fees and pay back the $220,000 taken from the HBHOA Budget for years by the prior Board (10) Secured new Cable & wireless services for the building (11) Repaired and upgraded the gym and its equipment - and the list goes on and on.

Who is running for the Board to challenge the sitting Board?  We have a few owners who appear on a regular basis on the new Owners Forum that have tossed their hat into the mix because they want the sitting Board replaced at any cost.  These are the critics who enjoy bashing Board Members and others trying to make a difference at the HBR rather than becoming part of the solution.  Yes, they prefer to be part of the problem and not the solution. 

These same people while demanding change, can’t or won’t list any of the changes they will make or how they will implement the change.  We have one owner who admits he is not qualified to be a Board Member because he says he only has a 12 grade education but he is willing to follow whatever the other Owner decides to set as their slate to get rid of the sitting Board and all the progress the sitting Board of Directors have been able to accomplish in just a few short months.  Yes, the guy with the 12th education, wants to follow the other guy who refused to become part of the HBR Board and all the progress because he did not like working with the Board Members which included Fisher family members as well as RJ Schecher, the hotel General Manager.  He only wants to win an election and be on a Board with his fellow critics and the guy with no experience who admits he is not qualified to be a Board Member. - True logic and intelligence at work !

Who are you going to vote for?  Those who have demonstrated that they are capable of getting the job done at the HBR which included filling our empty bank accounts with new balances that are floating around One Million Dollars or those who enjoy complaining and bashing progress and wondering where all the missing condo fees went ?

We ask that every owner vote and keep the progress alive.  Yes, your vote is needed to keep the HBR moving forward for the first time in 5 years. Our bank accounts are full and for the first time in 5 years and we are spending the money on our building and not the HHBR,LLC created by Jekic & Welliver.  The election is not about who is the most popular, it is all about who is the most qualified and who has demonstrated they can get the job done.  

If you have something against progress, you should vote for the guy with the 12th grade education who openly admits he is not qualified but will be following the guy who refused to become part of the HBR Board and all the progress taking place for the first time in 5 years. 

If you want a future for the HBR and if you want to keep the money in the Association bank accounts and keep our maintenance fees in our Association and not in the bank account of the Jekic & Welliver LLC (HHBR,LLC) you must vote for the current sitting Board of Directors because their “progress” and all the “changes” taking place at the HBR speak volumes for their experience, and willingness to do what is “right” for all HBR Owners. 


SCHECHER FACTOR 

What have you done and what will you do ? - that is the question

It would appear that we have two sides of HBR Owners throwing rocks (words) at each other but rather than being at Odds with each other, they should be focused on what really matters at the HBR, which can be summed up in the following question:  “What have they (the critics) done and what will they do for the Association ?”


ONE SIDE OF THE COIN: On one side you have about a half a dozen or more owners who enjoy being the critics of just about everything that is happening at the HBR.  You have their leader that appears the most intelligent of the group posting various items of concern pointing out everything he believes is wrong at the HBR which is mostly based upon “speculation” rather than the actual “facts”.  He enjoys posting problems and issues he claims are a direct result of the current sitting Board because he has issues with actions taken by the various Board Members currently sitting on the 2015-2016 Board. This individual is supported and promoted by at least five of the fifty or so owners on the new Owners Forum and yet he has not published one single item he would change or how he would make the change happen at the HBR.  He enjoys pointing out what is wrong but he has yet to provide any constructive alternatives of what he would actually change if he was to be elected to the 2016-2017 HBR Board of Directors.  


Furthermore, it was discovered that perhaps this individual is not even writing his own posts as he has never really spoke or raised any of the critical issues he so freely blogs about at any open Board Meeting and now most of his supporters believe it is his girlfriend who is the ghost writer for his posts on the Owners Forum.  Is this acceptable for a candidate to have someone speak for him, or in this case write his blogs for him?  It would appear the answer is YES as his supporters are more than fine with having this candidate’s girlfriend write his blogs and criticisms of the HBR Board because as they blog themselves, many heads of corporations and State have professional speech writers so having his girlfriend write is blogs is absolutely ok and most people would not argue with this including their arch enemy Schecher, Sr, who has become the target of this small group of owners currently posting on the owners forum.


Who ( what person?) helps one blog or write posts should not be an issue for anyone. What should be of a major concern is the fact that when this particular individual was offered a seat on the current HBR Board he openly declined and stated that he had no interest in sitting on the Board with the Fishers and the current non-Fisher Board Members. How logical is this?  You are given the opportunity to have power to actually become part of a process that would remove speculation and allow you to have a powerful voice in the future of the HBR and the process currently taking place to improve the future of the HBR and you decline because you don’t like working with certain people. His answer-“Thanks but No Thanks”


Regardless, this individual’s  position should be respected but the question becomes - Why would you refuse to sit on the Board that you so openly criticize when doing so you would have (a) provided you with true inside knowledge as to what is actually happening rather than continue with speculation and (b) sitting on the Board would give you power and a voice to change what you blog about.


So on one side we have the Critics as a group of concerned owners building a platform for change without telling any of the Condo or Timeshare Owners what they will change or how they will do it with a leader that is not willing to work with people he does not like.  A leader that demands change but refused to tell HBR Owners what the change will be or how he will accomplish it once elected to the Board.


THE OTHER SIDE OF THE COIN: Now on the other side, we have a sitting Board that has become the target of criticism from the critics with certain criticism more than justified while a good majority of the criticism is speculation based and not consistent with facts and what is actually happening at the HBR today.


We also have an outside influence (Schecher, Sr) who approached the sitting Board with the concerns of not only the critics but of all owners demanding the Board listen and take action to correct what most HBR Owners believe was “wrong”.  Schecher was willing to work with the Board, unlike the Critics, and focus on the problems and the fix rather than the speculation and the negative. 


So what happened?  Change and progress was born and it has started to grow at a rapid pace.  The Critic would say PROVE IT -  So rather than throw stones at each other, let’s just list what Owners wanted and what the HBR Board did or is in the process of doing as of 2/1/2016.


  1. Number one on the list was to get rid of Ken and Wanda Levy - DONE
  2. Number two on the list was to appoint someone other than a Fisher family member to the HBR Boards - DONE 
  3. Next-  Get Andrew Fisher to pay up all past due fees - DONE
  4. Next- focus on getting rid of the HHBR,LLC - WORKING ON IT
  5. Next - take steps to unite the Hotel Front Desk - WORKING ON IT
  6. Next- Fix the swimming pool problem -DONE
  7. Next- Deep Clean the hallways and carpets -DONE- IN Process
  8. Next- Unify the staff and set cleaning standards for common areas -DONE
  9. Next- Address the fraud and theft of missing insurance money - DONE
  10. Next- Take legal action to recover almost $2 Million in diverted fees -DONE
  11. Next- Take legal action to eliminate the illegal lease & financial guarantee -WORKING ON IT
  12. Next- Get the business center open and working -ALMOST DONE
  13. Next- Upgrade the telephone and cable system- ALMOST DONE
  14. Next- Solve the Timeshare Financial Crisis with alternative solution- DONE
  15. Next- Provide better accounting of the LLC rental revenues - DONE
  16. Next- Address the structural repairs and 40yr Certification - DONE
  17. Next- Force the first floor mall to fix up their area -WORKING ON IT
  18. Next- Take legal action against former Board Members to recover all the missing condo fees that were diverted illegally to pay the LLC’s Mall lease before the lease was in default and before the Condo had the legal obligation to pay - DONE
  19. Next- Fisher Timeshare Deal amended to guarantee all the money would go towards the repairs of the common areas of the building -DONE
  20. Next- Make certain Fisher did not receive any special benefit from his dealings-DONE
  21. Next- replace the chiller and plan for the backup chiller -DONE
  22. Next- Get money back into the Association Bank Accounts- DONE
  23. Next- Spend the money on the building not the bar -DONE & GUARANTEED


So let’s objectively look at the score card between the Critics and those currently sitting on the Board.  ON ONE SIDE we have the critics offering expert criticism regarding everything that is wrong with our Association based upon their “speculation” with a leader that is refusing to become part of the process when presented with the Opportunity  to change what he wants to change.  The change he has yet to inform fellow HBR Owners he will be making or how he will be making it. ON THE OTHER SIDE we have a sitting Board that has accomplished at least 20+ major items listed above and remain open for more suggestions from both the critics and all HBR Owners as to what needs to be done NEXT. 


SCHECHER FACTOR - Call For Action

It is time for the Board to take immediate and swift action to address the most critical problems.  I would strongly suggest all my fellow owners support me on the following issues:

1.  Get a New Management Company, KW has done nothing to help owners

2.  Fix the Pool area back to Ramada like standards

3.  Deep clean the hallways and establish a regular cleaning schedule

4.  Unite the rental programs for the benefit of the Association

5.  Force Oceanwalk to fix the first floor or take legal action against them

6.  Take legal action to recover all missing & diverted fees

7.  Take specific legal action to reverse the Jekic-Welliver LLC (Folly)

8.  Enforce Condo Docs as well as all rules & regulations without bias 

© HBR CONDO OWNERS REPORTER 2013-2016