Palmas Del Sol Condominium Association
Minutes for Turnover Meeting
Tuesday, March 1, 2005
The Palmas Del Sol Turnover meeting was convened at 4:10 P.M. at the Palmas
del Sol Clubhouse. Michelle Pacitto from Suitor and Associates announced the presence
of a quorum of homeowners. Those seated at the head table were:
Christopher Shields, Esquire, Attorney for the Palmas del Sol Condominium
Jim Sculley, Board Member, Palmas del Sol Condominium Association
Jim Crumbie Board Member representing Grosse Pointe Development, Inc.
Jim Fischette Board Member representing Grosse Pointe Development, Inc.
Lorie Wilson from Meyers Brettholtz and Company.
Jim Crumbie read beginning statements from a letter from Grosse Pointe
Development concerning capital assessments approved during prior Board of Directors
meetings. Mr. Shields recommended that the meeting follow the structure of the turnover
agenda, saying that Mr. Crumbie would be allowed time at the end of the meeting to read
Mr. Shields had a checklist of all documents required by Florida Statute to be
turned over by the developer. Mr. Shields asked if an agent of the association has an
affidavit of 14-day notice of the turnover meeting, which was provided. He further
requested a Recorded copy of Declaration of Condominium, which Mr. Crumbie was
unable to provide. From papers submitted, Mr. Shields noted that the Declaration of
Condominium was recorded on May 26, 1999. The condominium Bylaws then presented
was an unsigned and unrecorded copy. Mr. Shields noted a date of 1997. Mr. Shields
requested copies of Minutes from all Board of Directors meetings since inception of the
association. Minutes of a budget meeting held on June 7, 2002 were handed over. Mr.
Shields asked for House Rules and Regulations and copies of written resignations from
past Board members. None were conveyed. Before the meeting proceeded pursuant to
Mr. Shields’ direction, Jim Crumbie and Jim Fischette submitted handwritten
resignations from the Board. (For clarification of this paragraph, see Page 2, Paragraph
2, and Page 3, Paragraph 3, stating Chris Shields will be contacting Grosse Pointe’s
Mr. Shields inquired as to which bank the association currently uses for accounts.
Lorie Wilson responded Colonial Bank. She continued by saying that there are multiple
signatures on the account, one being Glen Oorlog, Chief Financial Officer, Grosse Pointe
Development. Ms. Wilson reiterated that Meyers Brettholtz has the check register, copies
of all paid bills, financial statements, copies of audits for years one through three
(through 2002), account ledgers, and invoices. She also brought signature cards for the
new board members to sign.
Mr. Shields inquired about any reserves and was advised that reserves had been
waived by the homeowners in prior years. He went on to ask about inventory of
association tangible property on site, such as clubhouse furniture. He then requested
copies of building specifications and plans for all on-site improvements. Mr. Crumbie
was unable to turn over as-built specifications for Building 1, Building 3, and the
clubhouse, remarking that they could not be located. Mr. Shields also requested lists of
contractors, subcontractors, and all improvements.
Mr. Shields commented that Grosse Pointe Development has had over 60 days to
comply with the Florida Statutes and the requirements of the developer at turnover and
questioned their lack of preparedness.
Mr. Shields then requested copies of insurance policies and was provided only
insurance binders pertaining to casualty, liability, wind, and all-risk policies in effect. He
inquired about the existence of Directors and Officers coverage. Lorie Wilson
responded that the D & O coverage is through Travelers Insurance Company. Mr.
Shields emphasized that new Board members must be identified on these policies with
the independent agent. Ms. Wilson said that she would see to it that the new Board
members names are placed on the policy.
Mike Mullens stated that the new Board should obtain copies of any and all prior
insurance policies that have been in enforce.
Jim Crumbie said he would secure copies of Certificates of Occupancy. Mr.
Shields asked for copies of all permits issued from any governmental agency regarding
improvements i.e., pool health permits, elevator permits, conservation easements, and
wetlands. He also requested copies of any and all warranties still in effect.
Mr. Shields asked for a current roster of homeowners reflecting accurate mailing
addresses for future Board correspondence, such as meeting notices. Ms. Pacitto was able
to provide this list for the new Board. Mr. Shields asked about all leases in effect and any
current contracts. Ms. Wilson responded that current contractors include Smallwood for
landscape maintenance, ESE for fire, Jackson Pools, Bugs R Us, and Meyers Brettholz
for accounting. Ms. Wilson stated that 90 days from March 1st, Grosse Pointe must
provide an audit report. She went on to say that most likely John Stroemer, CPA, will do
the turnover audit. Mr. Shields concluded his turnover inventory checklist by asking for
D and R permits and applications. Ms. Wilson stated that Brown and Brown was the
association’s insurance broker until 1997.
Mr. Crumbie concluded this portion of the meeting by reading a letter from
Grosse Pointe Development, Inc., pertaining to prior assessments for hurricane damage,
the painting of Building 1, and caulking of the three buildings. Additionally, Grosse
Pointe has arranged for a contractor to caulk Buildings II and III. The work will
commence within the next month, and they will cover the cost for this expense. The
expense for caulking Buildings II and III will be $14,600, which will be returned to the
Board. Further, he stated it is the Board’s discretion to refund the assessments to the
homeowners. Mr. Crumbie stated that if Building I is not caulked and painted within the
very near future, any future claims against Grosse Pointe could be denied because
preventative maintenance measures were not taken by the Board.
Following the departure of Mr. Crumbie, Mr. Fischette, and the representatives of
Suitor and Associates, the newly-elected Palmas del Sol Board of Directors convened for
the first meeting and election of officers. The three-member Board elected Jim Sculley to
the position of President, John Tierling to the position of Vice-President, and Jim Rollero
to the position of Secretary/Treasurer.
Mr. Shields introduced himself to the homeowners and explained that he had been
retained by the ad hoc committee and has been working with that committee to ensure a
smooth and efficient turnover and to the protect the interests of the homeowners. Mr.
Shields went on to commend the expertise of Myers Brettholtz and Company. He
acknowledged the efforts of the ad hoc committee prior to turnover and explained the
role he hopes to play if the newly-elected Board retains his services. He continued by
saying that the ad hoc committee’s role has been crucial to reaching the point of turnover
and he has been actively advising and working with this committee for the past few
Mr. Shields stated that he will send a letter to Grosse Pointe Development’s
attorney requesting all documents and information required at turnover by Florida Statute
that was missing or misfiled. He went on to suggest that Association documents be kept
in a secure location and not in someone’s home. He continued that it will be important to
foster a cooperative working relationship with Grosse Pointe Development and their
Mr. Shields stated that an engineering firm will be retained by the Board to
examine all structures. Statute allows one year from the date of turnover to submit all
He entertained questions from the homeowners pertaining to water encroachment
problems in individual units and whether the developer or the homeowner is legally liable
for the damage. In addition, Mr. Shields addressed several homeowners’ concerns
regarding the trimming of the mangrove preserves. The homeowners of Building I
expressed concern about their building being painted and caulked. Further, he reiterated
the importance of painting and caulking Building I as soon as possible to protect our
interest from additional liability which could result from our failure to carry through with
preventative maintenance. Additionally, a question was raised as to whether Grosse
Pointe will continue to use the clubhouse as their sales office and what sales signs will be
allowed to remain on the property.
Mr. Shields recommended that the new Board select a resident with an insurance
background to review current association insurance policies for their adequacy.
Mr. Sculley and Mr. Rollero discussed with homeowners the implementation of
the new on-site maintenance management program. The Association had been notified by
Suitor and Associates that they would no longer provide management services to Palmas
del Sol Condominium Association as of March 1, 2005. Therefore, the Board made the
decision to hire the two-member cleaning staff ( previously employed by Suitor) to
continue the cleaning of the buildings. Additionally, the Board made the decision to also
retain Mr. Chris Rogers as Maintenance Manager. Mr. Rollero distributed the telephone
number that homeowners may use to contact Chris Rogers for assistance. Mr. Rollero
emphasized that whenever possible, call Chris during regular business hours. After
hours, please limit phone calls to emergencies only. Chris’ phone number is 239-247-
The meeting concluded at 6:15 P.M.