Tomorrow - Saturday 5pm - Pool deck - bring your food and drink and join in the fun!
Heard from a second owner that their letter from the Board telling them of the nomination cut off deadline was posted in Florida on November 13th - and arrived after November 15th. Let's hope the arrangements for the mailing of the AGM information is better organised.
57 days and counting........
Friday, November 30, 2007
What party?
Things are getting curiouser and curiouser! As you know early this morning I said that we had found the notice of a pot luck party at the Pool held yesterday evening up on the notice board. On leaving a bit later I happened to meet Jacques and said how sorry we were to have missed the party. He looked surprised, "But it is for tomorrow evening", he said. So we left him making his way to the office to speak to the person who was going to be asked to change the date on the poster. I have now just returned from Town and find there is no notice on the Board at all now - so if you are at Coral Beach this weekend, keep your eyes peeled as a party may (or may not) be in the offing.
As a reminder I list the 'slate of 7' - ie the 2007 Board of Directors, all of whom are standing in the 2008 election:
Bruno Rufa, President
Jacques Delorme, 1st Vice President
Phil Galiano, 2nd Vice President, Treasurer
Lorna Taylor, Secretary
Marie Fanelli
Rick Morandini
Jerry Illerbrun
In addition you will have noted that Dr Susan Roche has submitted her name but as yet Owners have not received confirmation of that nomination or notice of any others. Owners will also recall that last year the Nominating Committee refused certain nominations so until formal notice is circulated to Owners of the accepted candidates, no persons other than the slate of 7 2007 Board Members have been accepted by the Nominating Committee.
ps: The members of the Nomination Committee have yet to be named.
As a reminder I list the 'slate of 7' - ie the 2007 Board of Directors, all of whom are standing in the 2008 election:
Bruno Rufa, President
Jacques Delorme, 1st Vice President
Phil Galiano, 2nd Vice President, Treasurer
Lorna Taylor, Secretary
Marie Fanelli
Rick Morandini
Jerry Illerbrun
In addition you will have noted that Dr Susan Roche has submitted her name but as yet Owners have not received confirmation of that nomination or notice of any others. Owners will also recall that last year the Nominating Committee refused certain nominations so until formal notice is circulated to Owners of the accepted candidates, no persons other than the slate of 7 2007 Board Members have been accepted by the Nominating Committee.
ps: The members of the Nomination Committee have yet to be named.
Missed the party
The pool deck is looking swish and we have another two signs around the area - I counted 9 this morning - I think there must be an ongoing competition between the garden contractors and the Front Desk to see how many signs they can put up - the office is winning - there are 11 posted on their windows today.
There is obviously more tidying up in progress around the pool bar area, but the best place to be must be the upper deck watching the ocean.........
On my way to the pool this morning I saw the sign on the notice board saying that there had been a pot luck party yesterday afternoon. We didn't see the sign yesterday and so we're sorry we missed it - we were sitting up on the terrace enjoying our sundowner and didn't know anything about a party going on by the pool. Certainly there was no music wafting up through the gardens - now is that a good or bad thing I wonder?
Re-written Letter from Board dated Nov. 22nd, 07
This is a re-write of the letter that was deposited in our pigeon hole on November 29th
Up date on events November 22 / 07
The Board has been receiving numerous calls of support in the light of recent events affecting the Chairman and concern as to some of the activities that some ex employees are resurfacing expressing their return with bravado.
Owners should realise that the slate/group that ran in opposition to the Board last year and the group running this year have been partnered for the last 2 yeras with some of the ex employees. In that two year period they have complained to every government agency possible in hopes of overturning this Board. This group has brought opposition to a new level and are diligently attempting to personally affect individual Board members.
In the past Coral Beach was hindered by the Staff that controlled through intimidation. This intimidation, be it subtle or outright, affected many decisions as to the firings and potential policy changes by Boards. The staff would make it clear that their heritage carried more weight with the Immigration Department and Labour Board, than a visiting foreign investor.
This attitude has not been prevalent at Coral Beach in the last three years. When that staff was replaced 3 years ago that problem disappeared. These Boards actions have made it clear that it would not be intimidated and would hire and keep only hard working employees.
This group seems to have given inspiration to some past employees/partners to the point where these ex employees feel comfortable expressing their return. Some of this ex employees has recently been walking the halls of Coral Beach, stating "we will be back bigger and stronger". With some owners walking the same halls stating that they have "friends in high places". With other owners taking pictures with telephoto lenses of Board Members. All this is in attempts to intimidate the present staff and others.
It must be remembered that there were legitimate reasons for the dismissal of employees and contractors, all handled by our Attorney.
The present changes at Coral Beach would not have been possible with any of the Staff that was dismissed. The Union fully acknowledged this and supported this. The present Staff is a direct result of this choice.
The problems during that period were Staff related and they were supported by Boards that could not or would make the necessary changes required to correct some of the following problems: Keys being duplicated, un authorised use of Owners apartment with owners paying for electric bills, miss appropriation of funds, hotel rooms being staff rented, purchases made through Coral Beach for Staff home use, paying staff when not at work, etc. In essence the Staff had the run of the place for decades with out fear of accountability.
These issues have all been addressed and eradicated in the past three years by the Chairman and this Board. The return of some staff through this group seeking to be elected would set Coral Beach back 4 years and on that proverbial slippery slope.
The Nominees of the opposing group acknowledge that they do not have any Board experience or it seems the time necessary to be effective. It is also rumoured and presumed that these nominees are a front for the Real Board who will be brought in as alternates comprised of past Board members. It would appear that possibly these potential candidates do not feel confident in being named once again as nominees? Possibly due to reputation and performances tied to past Board?
As in any political arena where there are interest groups and partnerships there is always patronage to be repaid. There are still issues of a Bar lease, a few labour and law suits pending with some of the ex employees. Will these cases be dropped or undefended with a change of Board because of patronage? Will the Owners of Coral Beach get stuck paying for this patronage?
The efforts of this group comprised of some Owners and ex employees were the catalyst that had the Chairman escorted off the island. This is not the time or place to make the case, as it is on going. However there has been a tremendous of support and requests by owners who wish for Mr. Rufa to run in the up coming election. Many owners also feel that by Mr. Rufa running and being elected to the Board would help in expressing that his efforts at Coral Beach are well supported by the shareholders.
Most owners also have expressed a total disgust and are embarrassment for this group's actions against the Board and individual Board members. Their reasons for running has not been revealed nor have they expressed exactly what policies or direction they want to change. It appears to be an outright personal attack for sport.
This Board welcomes constructive criticism, actually that's healthy and makes for good policies. This group's constant and persistent negativity basically is not healthy or constructive for Coral Beach. In all their negativity not once do they offer any viable solution to any real problems? (not even the problems they make up) Not once do they acknowledge any positive's by the Board. All the while the vast silent majority of shareholder express quietly to the Board, their appreciation and acknowledge the positive differences.
It should be noted at this time that this Board will be running in its entirety and as a group in 2008.
In the past three years Coral Beach has been represented by a Board that has only one commitment, representing and protecting the best interest of the Shareholders. The policies and direction guided by the Articles are complete. Basically all the ground work and direction for every department is complete, with just fine tuning required.
Coral Beach is heading in the right direction as the past three years have indicated. Operating fees are down; maintenance fees remain low and property values is increasing. This has been a direct result of a continuity of successive Boards. Most certainly this Board will not change its formula that has been so successful for the past three years.
Soons it will be time for the shareholders to do their annual duty. The vote cast by the majority of the shareholders will determine the future and direction of Coral Beach.
Remaining yours truly;
Board of Directors
Coral Beach
Up date on events November 22 / 07
The Board has been receiving numerous calls of support in the light of recent events affecting the Chairman and concern as to some of the activities that some ex employees are resurfacing expressing their return with bravado.
Owners should realise that the slate/group that ran in opposition to the Board last year and the group running this year have been partnered for the last 2 yeras with some of the ex employees. In that two year period they have complained to every government agency possible in hopes of overturning this Board. This group has brought opposition to a new level and are diligently attempting to personally affect individual Board members.
In the past Coral Beach was hindered by the Staff that controlled through intimidation. This intimidation, be it subtle or outright, affected many decisions as to the firings and potential policy changes by Boards. The staff would make it clear that their heritage carried more weight with the Immigration Department and Labour Board, than a visiting foreign investor.
This attitude has not been prevalent at Coral Beach in the last three years. When that staff was replaced 3 years ago that problem disappeared. These Boards actions have made it clear that it would not be intimidated and would hire and keep only hard working employees.
This group seems to have given inspiration to some past employees/partners to the point where these ex employees feel comfortable expressing their return. Some of this ex employees has recently been walking the halls of Coral Beach, stating "we will be back bigger and stronger". With some owners walking the same halls stating that they have "friends in high places". With other owners taking pictures with telephoto lenses of Board Members. All this is in attempts to intimidate the present staff and others.
It must be remembered that there were legitimate reasons for the dismissal of employees and contractors, all handled by our Attorney.
The present changes at Coral Beach would not have been possible with any of the Staff that was dismissed. The Union fully acknowledged this and supported this. The present Staff is a direct result of this choice.
The problems during that period were Staff related and they were supported by Boards that could not or would make the necessary changes required to correct some of the following problems: Keys being duplicated, un authorised use of Owners apartment with owners paying for electric bills, miss appropriation of funds, hotel rooms being staff rented, purchases made through Coral Beach for Staff home use, paying staff when not at work, etc. In essence the Staff had the run of the place for decades with out fear of accountability.
These issues have all been addressed and eradicated in the past three years by the Chairman and this Board. The return of some staff through this group seeking to be elected would set Coral Beach back 4 years and on that proverbial slippery slope.
The Nominees of the opposing group acknowledge that they do not have any Board experience or it seems the time necessary to be effective. It is also rumoured and presumed that these nominees are a front for the Real Board who will be brought in as alternates comprised of past Board members. It would appear that possibly these potential candidates do not feel confident in being named once again as nominees? Possibly due to reputation and performances tied to past Board?
As in any political arena where there are interest groups and partnerships there is always patronage to be repaid. There are still issues of a Bar lease, a few labour and law suits pending with some of the ex employees. Will these cases be dropped or undefended with a change of Board because of patronage? Will the Owners of Coral Beach get stuck paying for this patronage?
The efforts of this group comprised of some Owners and ex employees were the catalyst that had the Chairman escorted off the island. This is not the time or place to make the case, as it is on going. However there has been a tremendous of support and requests by owners who wish for Mr. Rufa to run in the up coming election. Many owners also feel that by Mr. Rufa running and being elected to the Board would help in expressing that his efforts at Coral Beach are well supported by the shareholders.
Most owners also have expressed a total disgust and are embarrassment for this group's actions against the Board and individual Board members. Their reasons for running has not been revealed nor have they expressed exactly what policies or direction they want to change. It appears to be an outright personal attack for sport.
This Board welcomes constructive criticism, actually that's healthy and makes for good policies. This group's constant and persistent negativity basically is not healthy or constructive for Coral Beach. In all their negativity not once do they offer any viable solution to any real problems? (not even the problems they make up) Not once do they acknowledge any positive's by the Board. All the while the vast silent majority of shareholder express quietly to the Board, their appreciation and acknowledge the positive differences.
It should be noted at this time that this Board will be running in its entirety and as a group in 2008.
In the past three years Coral Beach has been represented by a Board that has only one commitment, representing and protecting the best interest of the Shareholders. The policies and direction guided by the Articles are complete. Basically all the ground work and direction for every department is complete, with just fine tuning required.
Coral Beach is heading in the right direction as the past three years have indicated. Operating fees are down; maintenance fees remain low and property values is increasing. This has been a direct result of a continuity of successive Boards. Most certainly this Board will not change its formula that has been so successful for the past three years.
Soons it will be time for the shareholders to do their annual duty. The vote cast by the majority of the shareholders will determine the future and direction of Coral Beach.
Remaining yours truly;
Board of Directors
Coral Beach
Thursday, November 29, 2007
Response to Board's letter from Dr. Susan Roche
Dear BOD of 2007 it is with deep regret that I write this letter to you. I have read your letter of 22 Nov. '07. A friend was kind enough to send it to me.
This is the third time, Mr. Rufa, that I tell you the Slate ceased to be the evening of the 2007 election. All of the people in that 'slate' I had not met until Nov. '06 or Jan. '07. Some of the people in that 'Slate' I have not seen since the election. We have hardly been "partnered for the last 2 years". And as I am not good friends with the ex members of this 'Slate' I cannot speak for them, but I have not seen or communicated in anyway with any ex employee. Once again you throw blame at phantoms.
I understand that 5 people have applied to be a director candidate. None of us are working as a group. You are misinforming the owners. I cannot but wonder why.
It is your own actions that put you in the predicament you are in.
I agree that we needed some staff changes at Coral Beach and this is what a Board of Directors does.
"This group seems to have given inspiration to some past employees/partners to the point where these ex employees feel comfortable expressing their return." I have NO idea what you are taking about. If you have identified me as one of this group, you lie. "The return...of staff" again you grasp at phantoms!
I am part of no OPPOSING group...I am for Coral Beach. I have been at Coral Beach 34 years. I know Coral Beach's Governing Documents and history. I work for myself and have made my practice officially part time so that I do have time to devote to possible other duties. 2007, I will have been 5 months at Coral Beach. Where is Lorna? Rick? Marie? I am not the one who is deported. I have seen Jacque around frequently, but he tells me that he has no knowledge of the 'books'/finances.
Mr. Rufa, I am no front for a "Real Board?" ; are you delusional? You seem to put forth a conspiracy theory without proof.
Again, Mr. Rufa I see no reason why the 2008 BOD would not pick up the work including the suits pending, as did the 2007 BOD and the 2006 BOD: having the best interests of the owners of Coral Beach at heart.
Mr. Rufa, the only one making up problems is you and the only senseless throwing out of negativity is in your letter. Would that your board was guided by the Articles you say that you adhere to....And although I have asked, and asked in the manner in which you asked me to in the Feb. 2007 Board Meeting, to see certain records of account, I have yet to see them! Empty promises!!!
Dr. Susan Roche M.D.,FRCPC (director candidate for 2008)
This is the third time, Mr. Rufa, that I tell you the Slate ceased to be the evening of the 2007 election. All of the people in that 'slate' I had not met until Nov. '06 or Jan. '07. Some of the people in that 'Slate' I have not seen since the election. We have hardly been "partnered for the last 2 years". And as I am not good friends with the ex members of this 'Slate' I cannot speak for them, but I have not seen or communicated in anyway with any ex employee. Once again you throw blame at phantoms.
I understand that 5 people have applied to be a director candidate. None of us are working as a group. You are misinforming the owners. I cannot but wonder why.
It is your own actions that put you in the predicament you are in.
I agree that we needed some staff changes at Coral Beach and this is what a Board of Directors does.
"This group seems to have given inspiration to some past employees/partners to the point where these ex employees feel comfortable expressing their return." I have NO idea what you are taking about. If you have identified me as one of this group, you lie. "The return...of staff" again you grasp at phantoms!
I am part of no OPPOSING group...I am for Coral Beach. I have been at Coral Beach 34 years. I know Coral Beach's Governing Documents and history. I work for myself and have made my practice officially part time so that I do have time to devote to possible other duties. 2007, I will have been 5 months at Coral Beach. Where is Lorna? Rick? Marie? I am not the one who is deported. I have seen Jacque around frequently, but he tells me that he has no knowledge of the 'books'/finances.
Mr. Rufa, I am no front for a "Real Board?" ; are you delusional? You seem to put forth a conspiracy theory without proof.
Again, Mr. Rufa I see no reason why the 2008 BOD would not pick up the work including the suits pending, as did the 2007 BOD and the 2006 BOD: having the best interests of the owners of Coral Beach at heart.
Mr. Rufa, the only one making up problems is you and the only senseless throwing out of negativity is in your letter. Would that your board was guided by the Articles you say that you adhere to....And although I have asked, and asked in the manner in which you asked me to in the Feb. 2007 Board Meeting, to see certain records of account, I have yet to see them! Empty promises!!!
Dr. Susan Roche M.D.,FRCPC (director candidate for 2008)
Letter from the Board - an initial response
The letter from the Board dated 22nd November 07 and put into pigeonholes today, 29th November 2007, has very little substance and a lot of supposition.
1. Surely CBH is NOT employing staff other than Office Staff?? The replacing of employees with Contractors was the whole intent and purpose of paying off the previous employees in late 2005. Owners have recognized the benefits gained through the reduction in staff costs over the past two years, as well as changes to the insurance system. Combined with two 10% reductions in maintenance fees and everyone can see why the 2006 Board was re-elected in 2007.
2. The matter of some of the court cases however remains unresolved. The $10,000 settlement with Mr Woods is already recorded in the accounts. On the one hand this Board letter raises the question of settling “the few labour and law suits pending” and then goes on to muddy these waters with the possible scenario that if a different Board is elected in 2008 any settlement would mean that the “Owners of Coral Beach get stuck paying for this patronage” as the cases might be ‘dropped or undefended’. The 2007 Board can’t have it both ways as they are in the process of trying to settle the cases themselves and whoever the 2008 Board is, these settlements will cost the Owners. The question for Owners is, which individual candidates have the best interests of all the shareholders at heart? In the 2008 election, the present Board will be standing as a ‘slate of 7’.
3. As no information about the other candidates for the 2008 Board has been made public, how can the 2007 Board pre-empt the information that Owners should have been given prior to asserting to Owners that these candidates have no experience nor the time needed to fulfill their obligations as Directors? When will the Board let us see who the candidates are, along with their resumes? Then Owners can make up their own minds. To continue with the assertion that any or all of the nominees are fronting for a shadowy “Real Board” smacks of paranoia. To further state that “their reasons for running has not been revealed” rests entirely with the 2007 Board as the names of ALL Nominees together with their supporting documents in readiness for the 2008 AGM have not yet been circulated. This is the 2007 Board’s responsibility. Owners are eagerly awaiting the information.
4, The Chairman being deported off the island was a result of one fact, Bahamian Immigration decided that there had been an abuse of the law.
1. Surely CBH is NOT employing staff other than Office Staff?? The replacing of employees with Contractors was the whole intent and purpose of paying off the previous employees in late 2005. Owners have recognized the benefits gained through the reduction in staff costs over the past two years, as well as changes to the insurance system. Combined with two 10% reductions in maintenance fees and everyone can see why the 2006 Board was re-elected in 2007.
2. The matter of some of the court cases however remains unresolved. The $10,000 settlement with Mr Woods is already recorded in the accounts. On the one hand this Board letter raises the question of settling “the few labour and law suits pending” and then goes on to muddy these waters with the possible scenario that if a different Board is elected in 2008 any settlement would mean that the “Owners of Coral Beach get stuck paying for this patronage” as the cases might be ‘dropped or undefended’. The 2007 Board can’t have it both ways as they are in the process of trying to settle the cases themselves and whoever the 2008 Board is, these settlements will cost the Owners. The question for Owners is, which individual candidates have the best interests of all the shareholders at heart? In the 2008 election, the present Board will be standing as a ‘slate of 7’.
3. As no information about the other candidates for the 2008 Board has been made public, how can the 2007 Board pre-empt the information that Owners should have been given prior to asserting to Owners that these candidates have no experience nor the time needed to fulfill their obligations as Directors? When will the Board let us see who the candidates are, along with their resumes? Then Owners can make up their own minds. To continue with the assertion that any or all of the nominees are fronting for a shadowy “Real Board” smacks of paranoia. To further state that “their reasons for running has not been revealed” rests entirely with the 2007 Board as the names of ALL Nominees together with their supporting documents in readiness for the 2008 AGM have not yet been circulated. This is the 2007 Board’s responsibility. Owners are eagerly awaiting the information.
4, The Chairman being deported off the island was a result of one fact, Bahamian Immigration decided that there had been an abuse of the law.
Wednesday, November 28, 2007
Almost ready for the party!
Men have been busily painting the steps down to the beach, the tiled ramp and concrete pathway to the pool deck from Building 3 and the raised deck area all a nice shade of sandy brownish/yellow. I wonder if the path to the beach from Building 1 will be painted too?
The hedging along the beachside wall has been trimmed and the garden lawn is edged and mown.
The old heavy round tables by the pool deck have been repainted a bright white, they were all inside the 'compound' at the Pool Bar drying this afternoon. No doubt the chairs will soon appear and the social gatherings will begin. No shuffleboard action yet - and do I remember correctly that there was talk last winter of a bocca pitch being set up somewhere around the complex?
All the lighting is being checked, including the exit signs, and the 'blown' bulbs replaced.
The thatch on the tiki huts may be somewhat haphazardly applied but I understand from Jacques that the cost differential between a $30 job and a $150 one was taken into consideration.
59 days and counting.....
The hedging along the beachside wall has been trimmed and the garden lawn is edged and mown.
The old heavy round tables by the pool deck have been repainted a bright white, they were all inside the 'compound' at the Pool Bar drying this afternoon. No doubt the chairs will soon appear and the social gatherings will begin. No shuffleboard action yet - and do I remember correctly that there was talk last winter of a bocca pitch being set up somewhere around the complex?
All the lighting is being checked, including the exit signs, and the 'blown' bulbs replaced.
The thatch on the tiki huts may be somewhat haphazardly applied but I understand from Jacques that the cost differential between a $30 job and a $150 one was taken into consideration.
59 days and counting.....
Monday, November 26, 2007
The legal opinion saga.......
Over the weekend we were informed by CBH Accounts that $300.00 was being added to our maintenance bill for legal services.
As regular readers of this blog will know, we have yet to receive the written legal opinion we asked for on October 10th regarding the submissions for nominations to the Board. (note: all parties knew they closed on November 15th). Thus the opinion will have no use for the 2008 AGM but may have some value in the future. Who knows?
We must wait and see, as Ms Dennison has informed us today that she is still in the process of completing the document before sending it to the Board. It will also contain opinions on a number of other questions raised by other Owners. Ms Dennison confirmed to us this morning that we would be able to read that opinion. We have asked that we be billed directly as we had met her independently of any CBH Board, Management or Group and that being so, the billing has nothing to do with CBH and is a personal matter.
The meeting was short and interesting and demonstrated some of the complexities involved in dealing with all the various parties' interests in Coral Beach Hotel.
On another tack, work continues apace around and about the terraces and roofs. The 'hot gun' is in action again and the roofers are checking out particular work yet to be done. It is cooler today but very breezy, so I don't think it can be too much fun up there.
61 days and counting...................
As regular readers of this blog will know, we have yet to receive the written legal opinion we asked for on October 10th regarding the submissions for nominations to the Board. (note: all parties knew they closed on November 15th). Thus the opinion will have no use for the 2008 AGM but may have some value in the future. Who knows?
We must wait and see, as Ms Dennison has informed us today that she is still in the process of completing the document before sending it to the Board. It will also contain opinions on a number of other questions raised by other Owners. Ms Dennison confirmed to us this morning that we would be able to read that opinion. We have asked that we be billed directly as we had met her independently of any CBH Board, Management or Group and that being so, the billing has nothing to do with CBH and is a personal matter.
The meeting was short and interesting and demonstrated some of the complexities involved in dealing with all the various parties' interests in Coral Beach Hotel.
On another tack, work continues apace around and about the terraces and roofs. The 'hot gun' is in action again and the roofers are checking out particular work yet to be done. It is cooler today but very breezy, so I don't think it can be too much fun up there.
61 days and counting...................
Sunday, November 25, 2007
Christmas is coming
Yup....Port Lucaya's tree is up, Santa Claus is on his way.
The Pool Bar looks better, even if it remains out of bounds.62 days to the AGM so I hope the AGM 'package' with Nominees names for the 2008 Board plus President's Report, Proxy Forms and instructions are circulated very shortly.
It would also be nice to know which Board members and/or Alternates and/or Owners make up the various committees, ie Governance, B & G, Rentals, Nominations, Parking & Storage, etc
For those interested in the ongoing discussion about the scope of the 2006 Auditor's Report please check the comments under "Benches came back" posting - clarification has been made by one Owner.
A lovely day today again - weather is just perfect and the beach is calling........
Saturday, November 24, 2007
Breakfast for two....
9.15am on a Saturday morning and Le Med must be the place to be - certainly it was for Mario Donato and Tiffany Dennison who seemed to be enjoying each others' company. Maybe they had already agreed on the formalities required to ensure the legitimacy of proxy forms to be submitted at the AGM, maybe they had agreed on who can and who cannot stand as a Director or maybe the opinions that a number of Owners are waiting for were being passed by Mr Donato for his approval. Bon apetit!
Friday, November 23, 2007
How was your Thanksgiving Day?
The day dawned bright and sunny and remained beautiful right into the evening under an almost full moon. I hope you enjoyed it all, including the turkey and pumpkin pie - I know I did. However today the sky to the west is grey and rain is expected.
The Pool Bar plywood has been removed and railings put in their place, they were being painted white yesterday to match the railings around the upper deck. We hear that tables and chairs will be put on the deck and Owners encouraged to bring their food and drinks and enjoy social gatherings under the stars. Jacques is overseeing a general tidy-up and repaint job so that Owners will not be faced with a derelict building every time they go to the pool or beach.
I went into the pool yesterday but could not feel any significantly heated water being pumped into the pool from the piping system. As it was a bright and sunny day there should have been some effect I am sure. Maybe the pipes are too large in diameter and/or the water moving through them is going too fast to allow solar heating gain to occur and maybe the sea breeze moving across the pipes dissipates a lot of that solar gain too. All such water heating systems I have seen (albeit in cooler climes) have smaller diameter pipes laid on a black painted backboard and run snake-like back and forward across the roof and enclosed and covered by clear plastic or glass. Additionally, the pool is usually covered with a heat retaining insulated sheet to keep the water warmer overnight. But as I am not an engineer...........
The Pool Bar plywood has been removed and railings put in their place, they were being painted white yesterday to match the railings around the upper deck. We hear that tables and chairs will be put on the deck and Owners encouraged to bring their food and drinks and enjoy social gatherings under the stars. Jacques is overseeing a general tidy-up and repaint job so that Owners will not be faced with a derelict building every time they go to the pool or beach.
I went into the pool yesterday but could not feel any significantly heated water being pumped into the pool from the piping system. As it was a bright and sunny day there should have been some effect I am sure. Maybe the pipes are too large in diameter and/or the water moving through them is going too fast to allow solar heating gain to occur and maybe the sea breeze moving across the pipes dissipates a lot of that solar gain too. All such water heating systems I have seen (albeit in cooler climes) have smaller diameter pipes laid on a black painted backboard and run snake-like back and forward across the roof and enclosed and covered by clear plastic or glass. Additionally, the pool is usually covered with a heat retaining insulated sheet to keep the water warmer overnight. But as I am not an engineer...........
Up on the roofs of Building 3 the rubberoid man was hot pitching the stuff to the edge of the flashing along all of the roof edges and he is doing the same on the terraces. Jacques tells me that this work will continue throughout the complex on all roofs and terraces as well as covering the screw holes at the base of the railings. Where chutes are still needed to move rainwater off the flat rooofs asap, they will be installed too. (Good news for us as the rain from above us pours down the wall and runs down over and into the aircon grilles)
Despite at least two follow up phone calls a week since October 15th, we have yet to receive any response from our Legal Counsel, Tiffany Dennison. Any advise she might have given in the matter of paperwork required in support of nominations to the Board has now run beyond the cut off date. Advise regarding proxies that gives both the Board and Owners a clear view of what is proper and appropriate is becoming ever more urgent as we are now at 64 days and counting to the AGM on January 26th. With no contact from the Board in these matters and no indication of who has been nominated yet, time is running short if Owners are to be given the ability to respond with appropriate proxies before the AGM. At least one Owner has told me that he received the notice from the Front Desk regarding nominations after the cut off date. The letter was date stamped only 3 days prior to the cut off date.
Better news though as far as the Bridge Club is concerned - they are meeting on Fridays in the conference room - good to see them back and the winter season at CBH begins....when will I hear the clicks and shoves of the shuffleboard gang?
Of interest too, to some Owners, the Forum on the www.coral-beach-hotel.com web site is operational - so another place for you to have your say.
And now the rain has started.....
Tuesday, November 20, 2007
The benches came back.....
The benches are back - 3 of them fixed in their spots by the pathway, and the upper deck area has been painted while the solar heating for the pool is in place but it does not feel like it is having any impact on the water temperature in the pool - maybe the cooler, breezy weather is affecting the system?
Work on the gutters on the 7th floor of Building 3 is moving ahead - the thick black rubber membrane is being hot-pitched into place to the edge of the flashing and some new chutes have been installed out over the western side of the building. There is a rather worrying missing piece of stucco on the outside wall on the 7th floor - one can see the re-bar.
Meanwhile the work on the rear of Building 2 moves along slowly, the cables remain dangling across the whole area and how any connections are made through that junction box I just can't imagine!
More piles of fill have been dumped on the sand pit too.
Work on the gutters on the 7th floor of Building 3 is moving ahead - the thick black rubber membrane is being hot-pitched into place to the edge of the flashing and some new chutes have been installed out over the western side of the building. There is a rather worrying missing piece of stucco on the outside wall on the 7th floor - one can see the re-bar.
Meanwhile the work on the rear of Building 2 moves along slowly, the cables remain dangling across the whole area and how any connections are made through that junction box I just can't imagine!
More piles of fill have been dumped on the sand pit too. It has been another breezy day - but not too much to prevent sunbathers by the pool and tiki huts enjoying themselves in the sun.
Monday, November 19, 2007
Hard work, heated pools and hair.......
Tiles have been laid on the 5th floor terrace with tidying up still to do around the edges and gutters. The tiles are about 18 inches square and beige with a non-skid surface. The black roofing membrane has been extended out to the edge of the flashing and weighted down with a concrete mix forming a shallow depression leading to the scupper box.
A large membrane patch has been completed on the 7th floor terrace of Building 3 and as I write Mr Rolle is working on the terrace overhang above.
I've also taken a photo of the damaged window repair at the top of the air way in Building 3. It still leaks when it rains and I have also had notice of 2 more leaking units - giving me a list of 35 units (one of which incorporates more than one unit).
I have not personally put my tootsies in the pool yet, but Geoff tells me that he has heard that the heating is working already! It has also been suggested that I should make a regular check with a thermometer and report to y'all daily. This MAY come to pass - if I can find a thermometer. As I am about to go and swim in the pool and it has been a fairly sunny day, I should be able to tell if it's a go - I'll let you know.
As far as Legal Counsel's response to owners questions, we are still waiting........... From a comment made by Jacques today, it seems that it will be a few more days before Owners receive notice of the names going forward as Nominees for the Board together with instructions for forwarding proxies. Phil Galiano has now returned to the US (as far as I know) and so Jacques will be keeping a watching eye on the work around the complex. I am sure he is happy to have the support of a fairly new Owner who was waiting and ready for duty at 8am this morning.
Finally, Kevin & Pauline in the Cutting Garden have asked me to let you know that their phone number has been changed to 374 5600.
Friday, November 16, 2007
Maintaining the integrity of the Elections
I have already posted this comment from an Owner. I have re-issued it on the front page as I think the ideas contained within it require careful thought from everyone. Anyone can change his or her mind for whom they wish to vote by sending another proxy to the designated third party. The proxy with the latest date will be the one that is counted. Comments please!
"Three prominent lawyers on Grand Bahama, Rengin Johnson, Rawle Maynard and Tiffany Dennison, have recently been consulted regarding the concerns that many owners have about the secret ballot issue in Coral Beach elections, as well as the validity of the proxies sent by those who are not present at Coral Beach.
The consensus is:
1. all proxies must be notarized
2. all notarized proxies must be sent to a third party
who will keep them in a safe until they are counted
3. the notarized proxies/ballots should be counted with all
candidates present
4. all counted ballots and proxies must be kept in a safe by the same third party for 30 days and then destroyed
Why Notarized? These proxies are legal documents by which another person is given power of attorney to vote for those candidates the absent apartment owner wishes.
It would be very easy to submit a proxy that has been signed by someone other than the actual owner of the apartment who is represented by the proxy. Requiring notarized signatures is the best way to ensure the validity of the election results. Most other condomium associations already require a notarized proxy for the very same reason. It is time for Coral Beach to do so as well. "Anyone who is interested in a fair and secret election should be in support of this", stated one of those legal minds.
The third party designated for the upcoming AGM is Tiffany Dennison. She is the legal counsel for all Coral Beach owners which makes her the correct choice. Her address is: Dennison & Co
PO Box F-41888
Freeport, Bahamas
This step, as well as the others listed above are solely to maintain the integrity of the election process. "
"Three prominent lawyers on Grand Bahama, Rengin Johnson, Rawle Maynard and Tiffany Dennison, have recently been consulted regarding the concerns that many owners have about the secret ballot issue in Coral Beach elections, as well as the validity of the proxies sent by those who are not present at Coral Beach.
The consensus is:
1. all proxies must be notarized
2. all notarized proxies must be sent to a third party
who will keep them in a safe until they are counted
3. the notarized proxies/ballots should be counted with all
candidates present
4. all counted ballots and proxies must be kept in a safe by the same third party for 30 days and then destroyed
Why Notarized? These proxies are legal documents by which another person is given power of attorney to vote for those candidates the absent apartment owner wishes.
It would be very easy to submit a proxy that has been signed by someone other than the actual owner of the apartment who is represented by the proxy. Requiring notarized signatures is the best way to ensure the validity of the election results. Most other condomium associations already require a notarized proxy for the very same reason. It is time for Coral Beach to do so as well. "Anyone who is interested in a fair and secret election should be in support of this", stated one of those legal minds.
The third party designated for the upcoming AGM is Tiffany Dennison. She is the legal counsel for all Coral Beach owners which makes her the correct choice. Her address is: Dennison & Co
PO Box F-41888
Freeport, Bahamas
This step, as well as the others listed above are solely to maintain the integrity of the election process. "
Thursday, November 15, 2007
Another lovely day at the beach
This was a wonderful day - the ocean was calm with lots of boaters out on the reef enjoying themselves. Meanwhile Mr. Rolle and his hard working gang of men toiled in the sun all day again. They have almost finished putting the cement mousse on the terrace as you can see.
And the mix really does look like whipped cream! The tiles were being grouted too.
Meanwhile the piping on the Pool Bar roof has been fixed in position.
And we have some more signs......
As well as all this activity around the complex, there has obviously been a great effort made by Mark Hardy to get the August-October quarterly report issued and sent by email to owners this evening.
Nominations for the 2008 Board were closed today and I hear that 5 names have been submitted. No doubt Owners will shortly be circulated with all the necessary information including resumes, proxy arrangements etc.
Strangely, the two benches on the way to the pool were not there today?????
Tuesday, November 13, 2007
Still more action today
A breezy day today but bright blue sky again - and getting a tad cooler at night, just lovely.3 men from G7 were at work at the rear of Building 2. There is not much painting left to be done on that facade and a few grilles are still needed. The cables still remain draped across the ex-enclosed garage spaces. Oddly, one bay remains unpainted on Building 1.
Two men were uncoiling the black pipe on the Pool Bar roof and Mr Rolle and his helpers were at work as usual on the terrace in Building 3.
Two small benches have now been placed along the pathway through the garden to the pool.
Time is almost up for nominations to be received by the front Desk. Maybe tomorrow we will receive some response from our Legal Counsel. As soon as I have any information I will blog it.
And for those of you who have never googled Bruno Rufa, have a go!
Monday, November 12, 2007
Structural Deflection Committee Report - February 2005
For those interested Owners, a copy of the above Report is included in the documents listed under "AGM" on the www.coral-beach-hotel.com web site.
Sunday, November 11, 2007
A serious chat with an Owner
Yesterday an owner came to see me. This is an Owner for whom I have a great deal of respect and so I listened to what was said carefully. The view was taken that too many 'cheap shots' are thrown at Phil Galiano in particular, and, as far as this Owner is concerned, CBH should be mindful of the many improvements and ideas for further enhancements that Phil Galiano has brought to Coral Beach Hotel. This Owner also expressed the view that the vitriol heaped upon Board Members will never encourage any Owner to volunteer as a Board Member or even help on a Committee if asked. I suggested that much of the 'heat' was generated through the lack of 'light' or transparency of this Board. I also suggested that most of the ill-tempered debate and questioning made by owners in comments on the blog could have been avoided if the Board had done what they said they would do and communicated regularly with owners about their spending and their plans. I think we agreed on this point.
Of great concern was the possibility of Phil Galiano somehow being prevented from completing the experiment on the re-surfacing of the terraces. I was both surprised and interested to hear that this Owner has personal experience of a similar situation where a concrete screed was placed over a membrane on a flat roof in order to achieve a shallow slant which encouraged water runoff to the downspouts. This was done on a building not too far away from CBH in the late 1980's and is still working satisfactorily. The actual test of CBH's experiment will only be resolved during next years rainy season and, if it works, I agreed that everyone at CBH will be delighted.
So this is the nub of the matter as it was put to me: setting aside all other concerns, if a solution to the terrace problem is to be found, the Owner believes Phil Galiano is the only person with the energy and interest to find it right now!
And one thing we did both agree upon absolutely is that the top priority for CBH should be to get the complex wind and water-tight.
Of great concern was the possibility of Phil Galiano somehow being prevented from completing the experiment on the re-surfacing of the terraces. I was both surprised and interested to hear that this Owner has personal experience of a similar situation where a concrete screed was placed over a membrane on a flat roof in order to achieve a shallow slant which encouraged water runoff to the downspouts. This was done on a building not too far away from CBH in the late 1980's and is still working satisfactorily. The actual test of CBH's experiment will only be resolved during next years rainy season and, if it works, I agreed that everyone at CBH will be delighted.
So this is the nub of the matter as it was put to me: setting aside all other concerns, if a solution to the terrace problem is to be found, the Owner believes Phil Galiano is the only person with the energy and interest to find it right now!
And one thing we did both agree upon absolutely is that the top priority for CBH should be to get the complex wind and water-tight.
There's lots of action around here this week.
This morning new palm fronds were put on the tiki huts. The huts have been re-sited away from the Gym end of the property towards the pool entrance steps. 
There has been a lot of effort put in this week by Mr Rolle and others making the "cement mousse" for the terrace in Building 3 that suffers from the worst of the leaks. It must be a time consuming and tedious effort as the mix takes a while to get right and is done in fairly small batches. The area of the terrace yet to be covered must look fairly daunting by now.
I took a careful look around the complex this morning looking for the 'fallin spallin' but could not see any evidence of such a thing. I ASSUME if any spalling had fallen off it would be relatively easy to see the hole it had left behind.
The black hose pipe is up on the roof of the Pool Bar, so for those less hardy souls who enjoy a warm swim in the pool, your days of shivering are almost over.
Speaking to Legal Counsel, Tiffany Dennison late on Friday, we were told that her written responses to owners' questions should be ready on Monday or Tuesday. Any answers to the questions about the formalities regarding nominations will be of little use as nominations have to be in the Office by Thursday. As of last Friday, there had not been any discussion about her position with regard to Owners between herself and the Board.
Oh yes..... another sign has appeared letting us know NOT to eat the bananas - they have been sprayed with poison. Maybe this is a subtle way of killing the rats that one Owner feared would be attracted by them.
And finally for this posting, let me say that I do not choose to delete comments without good reason as I have always felt that Owners should have a forum where they could say what they wanted to say.....BUT I have and will continue to delete comments that I consider offensive. If you wish me to expand on my 'red line that cannot be crossed' I will be happy to do so. Of course, you can always contact me via email if you wish.
Friday, November 9, 2007
A wonderful morning
Good Morning!!!! And what a good one it is - Bahamian perfection
And I thought you would be interested in the beautification of the Pool Bar deck. As you can see two palm have been planted in the holes in the deck - no more electric slides of a Thursday evening I'm afraid but instead we will eventually be able to sit in the shade of those fronds and listen to them rustle in the balmy breezes. Now, where will we get a Bahama Mama with a cherry on top?
I've also put these shots in to show the battens on the roof. Our cost cutting elves had their thinking caps on - they cut up some surplus flashing and used that as their roof clips.
I have had two more reports of leaks bringing the total now to 33 plus a reminder that the Basement and Hobby Shop get rather wet too.
We tried all day yesterday to contact our Legal Counsel, Tiffany Dennison, but to no avail........ we will try again today. Of interest, the notice regarding nominations was circulated with the November statements and handed out at the Front Desk on November 8th, 2007 just one week before nominations must be received by the Board via the Front Desk. Pity those Owners without email, they are out of the loop.
Hope your day is a great as this one down here looks like being!
Wednesday, November 7, 2007
Action on the Pool Bar roof
Today is another glorious day - just perfect for gathering with pals by the pool and enjoying a lunch together.
There was even some activity to watch too - Ali and two other guys are up on the roof of the Pool Bar securing battens to the south-facing side and a large coil of black pipe is in sight - do I assume solar powered pool heating? Could be, but then I am just guessing.
Meanwhile, there are another two guys working with Mr. Rolle on the terrace in Building 3.
Owners were asked to let me know if they had had any leaks in their Units. So far 31 units have reported leaks, about half in Building 3 and the rest divided between the other two buildings.
Tuesday, November 6, 2007
A reminder of a comment posted on this blog..
Phil Galiano said...
In answer to your wish, that "the B.O.D.had said something about what they intend to do with this extra income", speaking as the B&G Co-chairman and Treasurer, there is so far no official resolution to confirm what to do with the extra income. However, given that CB is still attacking the long list of remedial projects that had been put off for years, due to mis-management, illegal use of funds, and in general poor oversite by previous B.O.D., CB would need conservatively, an infusion of over one million dollars of extra income to improve its infrastructure to return to the point of considering a special reserve fund.I'll leave the specifics of the needed and required improvements to a special report in the near future. Suffice to say at this time, CB is finally in a strong financial position. Income from the four studios, a soon to be announced sale of a one bedroom, former manager's apartment long in litigation and processed deliquent maintenance fee liens will boost our current reserve fund to well over $600,000.00. That would not include the added income realized from the raise in registration fees to be in compliance with the Condominum Articles. We have just four months from April 1st. untill our FY ending on July 31st. in order for that income to be properly totaled and a an estimate made as to its augmentation to our annual budget.The renaissance at CB will continue.Phil Galiano
February 18, 2007 8:10 AM
In answer to your wish, that "the B.O.D.had said something about what they intend to do with this extra income", speaking as the B&G Co-chairman and Treasurer, there is so far no official resolution to confirm what to do with the extra income. However, given that CB is still attacking the long list of remedial projects that had been put off for years, due to mis-management, illegal use of funds, and in general poor oversite by previous B.O.D., CB would need conservatively, an infusion of over one million dollars of extra income to improve its infrastructure to return to the point of considering a special reserve fund.I'll leave the specifics of the needed and required improvements to a special report in the near future. Suffice to say at this time, CB is finally in a strong financial position. Income from the four studios, a soon to be announced sale of a one bedroom, former manager's apartment long in litigation and processed deliquent maintenance fee liens will boost our current reserve fund to well over $600,000.00. That would not include the added income realized from the raise in registration fees to be in compliance with the Condominum Articles. We have just four months from April 1st. untill our FY ending on July 31st. in order for that income to be properly totaled and a an estimate made as to its augmentation to our annual budget.The renaissance at CB will continue.Phil Galiano
February 18, 2007 8:10 AM
Terrace work proceeding
A new fan has been installed in the entrance lobby, replacing the old 'wagon wheel' . Yesterday I was up on the 12th floor of Riviera Towers and took the best angled shot I could of one of Building 3's terraces. It certainly shows how the water pools at the centre of the deflection. 
The pallet of concrete (at 94 lbs a bag) is slowly diminshing as work continues on one of the terraces in Building 3. Mr Rolle has been working on setting the levels on the terrace in readiness for the application of material to ensure a slope out and down towards the scuppers - you can see how much material will be needed to achieve this by looking at the height of the nail/string by the vent.
I have not forgotten about the Nomination procedures, but as Tiffany Dennison said to us on Friday, until the result of the Board's meeting with her tomorrow, we will not receive the requested legal opinions from her.
More and more old friends are arriving from the cold, wintry north into what is the very best weather you can find. It is just perfect - and looks to be staying so for a good few days yet.
Sunday, November 4, 2007
Now, THIS is what it's all about....
After Noel, the sunshine, with a promise of balmy weather ahead!
Saturday, November 3, 2007
A worthy re-posting
Anonymous said...
There are doubtless many owners who are sympathetic to Mr. Galiano in that his personal life has been subject to minute inspection. Before shedding too many tears remember that he is responsible for a million dollar budget with little or no oversight. It is a matter of utmost concern to owners that their investment is being managed in a responsible manner. The evidence on the web site shows that Mr. Galiano is lacking fundamental management skills and personal restraint in accumulating so much debt. It is apparent now why Mr. Galiano buys ornamental trees while a dozen or so apartments are suffering damage from leaks. The vocal critics have a justifiable point. Also, Mr. Galiano and Mr. Rufa have worsened the entire situation by the lack of reporting and their habit of not answering questions. Want to shed a tear? Do so for Coral Beach.
October 31, 2007 6:19 PM
There are doubtless many owners who are sympathetic to Mr. Galiano in that his personal life has been subject to minute inspection. Before shedding too many tears remember that he is responsible for a million dollar budget with little or no oversight. It is a matter of utmost concern to owners that their investment is being managed in a responsible manner. The evidence on the web site shows that Mr. Galiano is lacking fundamental management skills and personal restraint in accumulating so much debt. It is apparent now why Mr. Galiano buys ornamental trees while a dozen or so apartments are suffering damage from leaks. The vocal critics have a justifiable point. Also, Mr. Galiano and Mr. Rufa have worsened the entire situation by the lack of reporting and their habit of not answering questions. Want to shed a tear? Do so for Coral Beach.
October 31, 2007 6:19 PM
A submission worthy of more serious consideration
The following submission was forwarded to me anonymously.
Over the past two years I have received a number of messages from various owners regarding accounting records and financial statements of the Coral Beach. In essence the following summarizes my understanding of the messages as well as other aspects of the matter.
1. The owners of the Coral Beach have not been provided with any form of financial statement for at least two and probably more years.
2. The accounting records at the Coral Beach have not been audited in part or in whole for at least three years.
3. In fact, based on the form of financial statements received by at Annual General meetings of the Coral Beach up to approximately January 2004 and based on the auditors letters (then issued by Deloitte or Deloitte Coopers Lybrand), the accounting records of the Coral Beach have not been subject to a proper audit (as prescribed for or by the Association of Chartered Accountants) for many years.
4. The Law of Property and Conveyance (Condominium), Bahamas, specifically requires the issuance of an audited financial statement to owners annually, unless this requirement is specifically waived each year by way of special resolution of the owners.
5. At no time have the owners at the Coral Beach ever approved such a waiver.
6. During the years 2005, 2006 and 2007, a significant number of owners have asked for up-to-date financial statements and also for the right to inspect the accounting records of the Coral Beach. The rights to receive or inspect these records are specifically provided for in the Law of Property and Conveyance (Condominium), Bahamas.
7. The Boards of Directors in office in calendar 2005, 2006 and 2007 have specifically failed to and/or refused to issues the requested statements and have refused to permit the requesting owners to inspect the records under the terms and conditions prescribed in the Law of Property and Conveyance (Condominium), Bahamas.
8. In addition, a number of Coral Beach owners have indicated they have been led to understand by various sources that much, if not all of the accounting is being handled by “someone” off-site (location unknown) and that neither the manager at the Coral Beach nor members of the accounting staff at the Coral Beach have full responsibility for the supervision of or the recording of accounting information.
9. The implication, under the foregoing, is that the control and supervision of the Coral Beach records has been undertaken by persons who may include Mr. Rufa, other Board Directors, or other persons who have not been approved by Special Resolution of the owners or by way of recorded Board resolutions.
10. An additional implication is that critical records, which in fact are included in the Common Property of the owners, in fact has been removed from the Coral Beach site and is being held in some other location without the specific approval of the Board or the owners (by way of Special Resolution).
11. Furthermore, the above suggested changes in the location and handling of Coral Beach records has contributed significantly to the inability of owners to exercise their rights to receive specific information and to their rights of inspection as granted them by law.
12. A few specific concerns (selected out of many) that have arisen in discussions among owners are;
(a) that the Coral Beach issued a cheque as a bribe or remuneration for a favour, directly or indirectly, to a union member or associate thereof, and
(b) that a substantial amount of money has been illegally spent on the purchase , repair and maintenance of property adjacent to the Coral Beach without the approval of the owners as required by law, and
(c) that a director used the truck owned by the owners as Common Property for personal advantage without owner approval as required by law, and
(d) that the Beach Bar has been demolished and is being replaced with owner money without the approval required of the owners by law, and
(e) that plans are being developed and paid for with owner money to build a condominiumized building on or adjacent to the Health Centre on site without the approval of the owners as required by law.
Conclusions based on the foregoing
One must keep in mind that the above listed items are, to date, not substantiated by proof.
However, because they are concerns that have been expressed by owners, in the best interests of all owners, those owners have the right to examine and investigate them with the objective of maintaining the integrity of the operation of the Coral Beach in the best interests of all.
Notwithstanding, if certain of the concerns identified in items 1 to 11 above are shown to be accurate, a very serious question arises as to the specifics of the situation.
The question is:
Have the owners been or are the owners now the victims of theft of Common Property owned by them?
One should give consideration to the observation that the records of the Coral Beach are, of themselves, Common Property. This observation is substantiated in part by the fact that the records have been created at the expense of the owners by way of their Common Area Fees.
“Theft” has been legally defined (as we understand it) as;
“The taking of property without the owners consent”
“The fraudulent taking of personal property belonging to another, from his possession, or from the possession of some person holding the same for him, without his consent, with intent to deprive the owner of the value of the same.”
It seems that owners in their own best interests should decide the answer to the above question.
If theft of Common Property, as discussed above, has been committed, what should owners at the Coral Beach consider?
Owner consideration might be given to the following questions.
1. Should investigation by the police be requested? Should charges be laid?
2. Should further investigation by Immigration or the Department of Labour be requested? In this situation, a question that may be considered is whether the records which are being held offsite (if that is the case) are being manipulated or managed by persons who do not have the authority to work in the Bahamas).
3. Is the person or persons supervising the off-site records or manipulating the off-site records doing so with the full approval of the Coral Beach owners?
4. What evidence is there that the Board, in its capacity as a full Board, considered and approved the arrangement?
5. If an off-site arrangement is in place that was not approved by both the Board and the owners, what are the names of the specific persons who authorized and enacted the change?
6. What is or has been the dollar and cent costs to owners if the above concerns are proven to be of substance?
Regardless of the outcome of any consideration of the above matters, what must be done immediately to preserve the value and integrity of the owners’ positions in the Coral Beach?
The answer is simple and direct.
A fully accredited independent Chartered Accountancy firm must be appointed immediately to conduct a full audit of the Coral Beach records.
The conduct of the affairs of the Coral Beach over the past two or three years demands that this step be taken immediately. Without an audit the owners are subject to whatever are the whims or objectives of the Board or its more powerful members and the damages they may cause.
The need for an audit is not a question of “should we audit?” An immediate audit is an absolute must. Without it, the owners know nothing.
Over the past two years I have received a number of messages from various owners regarding accounting records and financial statements of the Coral Beach. In essence the following summarizes my understanding of the messages as well as other aspects of the matter.
1. The owners of the Coral Beach have not been provided with any form of financial statement for at least two and probably more years.
2. The accounting records at the Coral Beach have not been audited in part or in whole for at least three years.
3. In fact, based on the form of financial statements received by at Annual General meetings of the Coral Beach up to approximately January 2004 and based on the auditors letters (then issued by Deloitte or Deloitte Coopers Lybrand), the accounting records of the Coral Beach have not been subject to a proper audit (as prescribed for or by the Association of Chartered Accountants) for many years.
4. The Law of Property and Conveyance (Condominium), Bahamas, specifically requires the issuance of an audited financial statement to owners annually, unless this requirement is specifically waived each year by way of special resolution of the owners.
5. At no time have the owners at the Coral Beach ever approved such a waiver.
6. During the years 2005, 2006 and 2007, a significant number of owners have asked for up-to-date financial statements and also for the right to inspect the accounting records of the Coral Beach. The rights to receive or inspect these records are specifically provided for in the Law of Property and Conveyance (Condominium), Bahamas.
7. The Boards of Directors in office in calendar 2005, 2006 and 2007 have specifically failed to and/or refused to issues the requested statements and have refused to permit the requesting owners to inspect the records under the terms and conditions prescribed in the Law of Property and Conveyance (Condominium), Bahamas.
8. In addition, a number of Coral Beach owners have indicated they have been led to understand by various sources that much, if not all of the accounting is being handled by “someone” off-site (location unknown) and that neither the manager at the Coral Beach nor members of the accounting staff at the Coral Beach have full responsibility for the supervision of or the recording of accounting information.
9. The implication, under the foregoing, is that the control and supervision of the Coral Beach records has been undertaken by persons who may include Mr. Rufa, other Board Directors, or other persons who have not been approved by Special Resolution of the owners or by way of recorded Board resolutions.
10. An additional implication is that critical records, which in fact are included in the Common Property of the owners, in fact has been removed from the Coral Beach site and is being held in some other location without the specific approval of the Board or the owners (by way of Special Resolution).
11. Furthermore, the above suggested changes in the location and handling of Coral Beach records has contributed significantly to the inability of owners to exercise their rights to receive specific information and to their rights of inspection as granted them by law.
12. A few specific concerns (selected out of many) that have arisen in discussions among owners are;
(a) that the Coral Beach issued a cheque as a bribe or remuneration for a favour, directly or indirectly, to a union member or associate thereof, and
(b) that a substantial amount of money has been illegally spent on the purchase , repair and maintenance of property adjacent to the Coral Beach without the approval of the owners as required by law, and
(c) that a director used the truck owned by the owners as Common Property for personal advantage without owner approval as required by law, and
(d) that the Beach Bar has been demolished and is being replaced with owner money without the approval required of the owners by law, and
(e) that plans are being developed and paid for with owner money to build a condominiumized building on or adjacent to the Health Centre on site without the approval of the owners as required by law.
Conclusions based on the foregoing
One must keep in mind that the above listed items are, to date, not substantiated by proof.
However, because they are concerns that have been expressed by owners, in the best interests of all owners, those owners have the right to examine and investigate them with the objective of maintaining the integrity of the operation of the Coral Beach in the best interests of all.
Notwithstanding, if certain of the concerns identified in items 1 to 11 above are shown to be accurate, a very serious question arises as to the specifics of the situation.
The question is:
Have the owners been or are the owners now the victims of theft of Common Property owned by them?
One should give consideration to the observation that the records of the Coral Beach are, of themselves, Common Property. This observation is substantiated in part by the fact that the records have been created at the expense of the owners by way of their Common Area Fees.
“Theft” has been legally defined (as we understand it) as;
“The taking of property without the owners consent”
“The fraudulent taking of personal property belonging to another, from his possession, or from the possession of some person holding the same for him, without his consent, with intent to deprive the owner of the value of the same.”
It seems that owners in their own best interests should decide the answer to the above question.
If theft of Common Property, as discussed above, has been committed, what should owners at the Coral Beach consider?
Owner consideration might be given to the following questions.
1. Should investigation by the police be requested? Should charges be laid?
2. Should further investigation by Immigration or the Department of Labour be requested? In this situation, a question that may be considered is whether the records which are being held offsite (if that is the case) are being manipulated or managed by persons who do not have the authority to work in the Bahamas).
3. Is the person or persons supervising the off-site records or manipulating the off-site records doing so with the full approval of the Coral Beach owners?
4. What evidence is there that the Board, in its capacity as a full Board, considered and approved the arrangement?
5. If an off-site arrangement is in place that was not approved by both the Board and the owners, what are the names of the specific persons who authorized and enacted the change?
6. What is or has been the dollar and cent costs to owners if the above concerns are proven to be of substance?
Regardless of the outcome of any consideration of the above matters, what must be done immediately to preserve the value and integrity of the owners’ positions in the Coral Beach?
The answer is simple and direct.
A fully accredited independent Chartered Accountancy firm must be appointed immediately to conduct a full audit of the Coral Beach records.
The conduct of the affairs of the Coral Beach over the past two or three years demands that this step be taken immediately. Without an audit the owners are subject to whatever are the whims or objectives of the Board or its more powerful members and the damages they may cause.
The need for an audit is not a question of “should we audit?” An immediate audit is an absolute must. Without it, the owners know nothing.
Friday, November 2, 2007
Nominations - still no further ahead.......
Firstly, Noel skipped by with only one brief heavy shower and today the ocean is calm and lovely again.
Contact was made with T. Dennison this morning and she said that she will be attending a meeting next Wednesday with the Board for a discussion on whether her job includes representing Owners of Coral Beach as well as the Board of Directors. Her position is that at the 2007 AGM the Owners were informed by the Board that she represented them as well as the Board.
What this means is that all the written opinions in response to the various questions and points of clarification etc. put to CBH's Legal Counsel by various Owners are now on hold until after that meeting. This leaves very little time for nominations to be forwarded to the Front Desk. You will also see from Ted Mulvihill's posting of a couple of days ago, the list of required paperwork that previous Boards had sent out. We are all left in the dark here, so do as Ted suggests - he is a previous Director - and hope that the Board deems the paperwork acceptable. It may be useful to let Owners know asap if you are sending in a nomination because then we will know whose name to expect.
Time is getting short for proxy forms to be circulated to everyone if allowance is to be made for due consideration of the candidates. Owners must also be given sufficient time to consider the Minutes of the last AGM together with the President's Report and the Treasurer's Report plus the Audited Accounts as of July 31st 2007 if they are to be able to make an informed decision about whom to vote for or to whom they give their proxy at the 2008 AGM.
Contact was made with T. Dennison this morning and she said that she will be attending a meeting next Wednesday with the Board for a discussion on whether her job includes representing Owners of Coral Beach as well as the Board of Directors. Her position is that at the 2007 AGM the Owners were informed by the Board that she represented them as well as the Board.
What this means is that all the written opinions in response to the various questions and points of clarification etc. put to CBH's Legal Counsel by various Owners are now on hold until after that meeting. This leaves very little time for nominations to be forwarded to the Front Desk. You will also see from Ted Mulvihill's posting of a couple of days ago, the list of required paperwork that previous Boards had sent out. We are all left in the dark here, so do as Ted suggests - he is a previous Director - and hope that the Board deems the paperwork acceptable. It may be useful to let Owners know asap if you are sending in a nomination because then we will know whose name to expect.
Time is getting short for proxy forms to be circulated to everyone if allowance is to be made for due consideration of the candidates. Owners must also be given sufficient time to consider the Minutes of the last AGM together with the President's Report and the Treasurer's Report plus the Audited Accounts as of July 31st 2007 if they are to be able to make an informed decision about whom to vote for or to whom they give their proxy at the 2008 AGM.
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