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World of Westchase

May 2008

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Woodbay Voting Member (VM) Gene McArthur kicked off the forum. McArthur, removed by VMs from the WCA board of directors last fall for racist, sexist and anti-Semitic remarks during his tenure on the Covenants Committee, stood to speak to directors twice. In his first appearance, he charged WCA President Ruben Collazo with pursuing personal vendettas against him, offering his son’s receipt of a violation letter for a dirty driveway as proof. McArthur raised his voice at Property Manager Patty Stewart, “That’s a piss poor way of doing business,” he stated.

McArthur stood again later, charging Collazo with destroying his reputation. He went on to charge an unnamed board member with a conflict of interest and stated he had a witness that he was not permitted to bring forward.
 

Later in the meeting, when directors passed a motion affirming the association’s insistence that all association representatives refrain from voting on matters from which they stood to benefit, WCA Director Ben Reinhart acknowledged McArthur’s charge was leveled at him. Reinhart stated that the sound system in the activity room had been purchased from a company for which his son worked, albeit in a different division. To the nods of fellow board members, Reinhart stated that when the vote to purchase the system came before the board, he stated he would abstain from the vote, but fellow board members stated that there was no conflict as his son and he did not stand to benefit personally. Reinhart stated the board had accepted the lowest bid for the equipment and that McArthur sat on the board at the time. McArthur departed the meeting prior to passage of the motion and Reinhart’s remarks. The second major topic of the forum was Collazo’s actions at the VM Meeting the previous Tuesday night, April 15. Glenfield Alternate Voting Member Greg Baird, who stated he was present at the session, stood to express frustration that Collazo would not permit Glenfield VM Sue Syatauw to add discussion of the WCA’s financial situation to the VM agenda. Referring to a copy of Robert’s Rules of Order, which govern the conduct of association meetings, Baird stated, “At any time, according to Robert’s Rules, a member can add new business.”

The Meeting at a Glance • Directors voted to send an RFP to seek bids and work qualifications from firms interested in undertaking the association’s legal work. • Directors voted to accept the bid of J&M Framing at a cost of $182,043 for construction of a new 1,000-square-foot office structure adjacent to the Village Swim and Tennis Club. • Directors passed a motion affirming the responsibility of all association elected officials to refrain from voting on matters from which they stood to benefit personally. • Directors approved a new management agreement for Glencliff neighborhood’s property management. • Directors voted unanimously to reappoint Covenants Committee members David Love, Bob Argus and Rob Lambert to two-year terms effective June 1. The Covenants Committee hears residents’ appeals of fines levied for deed restriction violations. • At the suggestion of Government Affairs Committee (GAC) Chair Ben Reinhart, directors voted to go on record with a neutral stance regarding a zoning change that would permit an apartment complex at the corner of Countryway Boulevard and Hillsborough Avenue/Tampa Road to be transformed into hotel units. • Directors appointed Jovanna Hoagland and Carole Lambert to two-year terms on the Modifications Committee, which hears resident requests for changes to their yards and exteriors of their homes.

“Basically the proceedings were hurried through,” he continued. “The book is 18 bucks. You can get it at Barnes and Noble. If you give me $15, I’ll give you my copy.”

Baird also read a critical e-mail circulated by VM Jerry Pappa (The Greens). It also accused Collazo of censoring discussion of what Pappa described as “the potential serious economic shortfalls of our Westchase Community.” Pappa’s e-mail continued, “What I find most inappropriate of all is that when I approached Ruben concerning this matter after the meeting he dismissed me like a school child, stating, ‘it is not the business of the voting members to discuss these issues.’”

Pappa’s e-mail and Baird’s comments also questioned why Collazo would forbid the VMs from discussing the matter after he had himself spoken with the St. Petersburg Times in late March about the shortfall in collections arising from Westchase homeowners’ delinquent payments of their association assessments. Both cited Collazo’s quote in the article in which he stated a $45,000 shortfall didn’t concern him.

Greens resident Ernie Sylvester then stood and echoed Baird’s and Pappa’s concerns. “I’m concerned about the community,” he stated. “To not allow an issue that Jerry wanted to talk about and have on the agenda was not appropriate.”

WCA Director Carlos Quiros, the board’s treasurer, then spoke. “There seems to be a rumor that the finances of Westchase could be hurting,” he stated. Citing an $80,000 surplus in the first quarter, Quiros said that the association’s finances were strong.

Opening the board meeting, Collazo, directly addressed the charges. He stated he had cut the conversation with Pappa after the VM meeting short after Pappa had raised his voice at him. Collazo said he had subsequently called Pappa to address his financial concerns and left a message but Pappa had not yet called back. Collazo also stated he would make an exception to the advice of WCA Attorney Steve Mezer of Bush Ross not to discuss receivables and the board’s collection policy in public – his rationale, he stated, for quashing VM discussion. Pointing out that he had addressed the association’s financial situation in his president’s column in the April WOW, Collazo said that assessment collections had improved further since then, stating that the number of delinquent assessments was now “well below 100.” Arguing Westchase’s delinquency rate was well below industry averages, he said, “Our collection policy is working very well.” He added, “We are far, far away from a financial crisis.”
 

Collazo also charged the St. Petersburg Times reporter, Rodney Thrash, with bias, stating he was out to make Westchase look bad in the article regardless of what Collazo said. Collazo added that he had continued explaining to Thrash why he wasn’t concerned about the financial shortfall – because the board had put projects on hold that would keep the budget in balance until collections improved – but the reporter did not include the explanation in the article. Collazo’s explanation, however, did not sit well with Syatauw, present at the meeting. Syatauw stated that Collazo could have clarified the financial situation at the VM meeting. “Instead he acted like a parent to me,” she said. “I don’t know why the president should have a say over the voting members’ agenda.” Stating that Collazo had called her six times over the previous weekend to tell her to stop misbehaving at meetings, Syatauw added, “He’s supposed to be CEO of an organization not daddy,” Syatauw then threatened to send her e-mail

Correction At the March 13 meeting of the Westchase Community Association Board of Directors, Property Manager Patty Stewart informed directors that 70 Westchase homeowners’ delinquent assessments were turned over to legal counsel for collection in 2007 and that recovery was made on 20 of the cases. After the article was printed, Stewart contacted WOW and asked that she be permitted to correct the information. According to Stewart, of the 81 cases turned over to legal counsel for collection in 2007, collection was made in 46 of them.

communication with Collazo over the agenda issue to Thrash. “Stop trying to control the entire association,” she lectured Collazo, “including the VMs.”

After the meeting, Collazo dismissed Syatauw's statements about the phone calls. "I was on a cruise ship in the middle of the ocean last weekend," he wrote to WOW, "her statement is a blatant lie."

Turning to the first major business of the session, board members reviewed Director Joe Payne’s draft of a Request for Proposal for legal services. In recent months, directors have expressed concerns about the increased cost of services provided by Mezer, whose bills to the community have risen from $20,000 per year to $60,000 this past year. Some directors have also questioned conflicting advice he provided regarding a resigning director’s seat approximately 18 months ago, his suggested policy for homeowners’ inspection of association documents and a recent contract’s failure to protect the association from a vendor’s substandard performance.

While directors debated whether to use the RFP or simply interview other legal firms, they ultimately voted 6-1 to use the RFP, incorporate changes suggested at the session and send it to firms selected by the Legal Review Committee, consisting of Directors Mary Griffin, Ben Reinhard and Carlos Quiros. Directors agreed to also send it to Bush Ross. Voting in opposition was Quiros, who stated he was unclear if the board was using the RFP to seek a new legal firm entirely or a second one to possibly represent them should the association find itself in a dispute with Mezer’s firm.

Closing discussion on the matter, board members requested Collazo contact former WCA President Brian Ross, an attorney involve in real estate and HOA law, for names of firms to which the RFP could be sent.

Directors then reviewed bids for the construction of a 1,000-square-foot office building adjacent to the Village Swim and Tennis Club. While Director John Schmidt expressed aesthetic concerns about the placement of the structure over the current walkway leading to the Baybridge Park pedestrian tunnel, directors stated they had no other options for the structure given the location of storm sewer pipes beneath preferred areas. At the recommendation of their architect, who was familiar with the bidders’ work, directors ultimately approved the lowest bid, submitted by J&M Framing for $182,043. The vote was unanimous.

Board members then requested Quiros negotiate the best terms possible on a construction loan, repayable over three years.

Quiros closed the meeting with a motion to make clear that elected association officials had to avoid conflicts of interest when the boards or committees award contracts for work. Quiros stated he was doing so because of some individuals’ claims that contracts were being approved for businesses owned by committee or board members. In those cases, Quiros stated, directors had always revealed the conflict and abstained from voting. The motion passed unanimously and Collazo again described McArthur’s accusation during the Resident Forum as “a totally unsubstantiated allegation.”

The meeting adjourned at 10:18 p.m.

In other matters:
 

•	Directors heard an owner’s appeal of the remaining $150 of a $700 fine levied for poor lawn maintenance. Directors voted 4-3, with Directors Griffin, Reinhart and Quiros opposed, to lower the fine to $100.
•	Directors approved a new management agreement for Glencliff neighborhood’s property management.
•	Directors voted unanimously to reappoint Covenants Committee members David Love, Bob Argus and Rob Lambert to two-year terms effective June 1. That committee hears residents’ appeals of fines levied for deed restriction violations.
•	Addressing questions about recent variances granted to residents after Modification Committee’s denials, Variance Committee Chair Cindy Gormley stated she would be bringing the committee’s policies and procedures before VMs for their review for possible update.
•	Directors voted unanimously to spend $10,000 on the installation of a root barrier and concrete retaining curb to address erosion at the Village Swim and Tennis Club’s courts. The work on the curb will repair the substandard work of a previous contractor. Directors elected to delay spending remaining funds budgeted for court repairs and resurfacing until the association’s financial situation vis-ŕ-vis collection of late assessments becomes clearer.
•	At the suggestion of Government Affairs Committee (GAC) Chair Ben Reinhart, directors voted to go on record with a neutral stance regarding a zoning change that would permit an apartment complex at the corner of Countryway Boulevard and Hillsborough Avenue/Tampa Road to be transformed into hotel units.
•	Directors appointed Jovanna Hoagland and Carole Lambert to two-year terms on the Modifications Committee, which hears resident requests for changes to their yards and exteriors of their homes.
•	Director John Schmidt stated he planned to roll out the newly designed Web site for the association on June 1.
•	Directors voted unanimously to spend $1,275 on repairs to hinges on the gates at the Village Swim and Tennis Club.