Regular readers of the blog will know that on October 11th 2007 Geoff and I went to see the CBH legal counsel to ask for her opinions on certain CBH matters (re nomination procedures/ independent oversight of elections/secret ballot/holding of proxies; accounts; and did the President act ultra vires in closing the Pool Bar in March 2006?).
At the Owners Forum on 28th December 2007 the President confirmed that the Board was in receipt of Legal Counsel's written opinions and yesterday a copy of the letter was given to an Owner. It was dated December 4th 2007.
Of the questions asked by Owners, rather than the Board, Legal Counsel has rendered in the space of about 100 words one opinion, ( re bankruptcy), two requests that rules should be adhered to ( re accounts), one clarification (re reversal of a previous Boards decision) and an opt out (re proxy form). Most of the questions that Geoff put to Legal Counsel have not been addressed at all, and Geoff has been forced to pay $300 for time spent with Ms Dennison via his CBH accounts (if he wants to vote!). I also know that another Owner has paid $450 to Ms Dennison and I wait to hear if that owner's questions were answered in this December 4th 2007 letter. You will be glad to know that the webmaster has already posted it in full on the 'archive' site www.coral-beach-hotel.com under 'misc docs'.
The bulk of the 16 page letter is made up of quotes from various legal documents and the major focus is on how the Board should proceed in the matter of multiple ownership of units and short term rentals of multiple units. Certificates, Permits and the possibility of the Investment Board voiding permission for a purchase for investment purchases are the matters of concern raised by the CBH Board.
Today's Freeport News has another article about Coral Beach Hotel and a meeting of some Owners with Minister Turnquest in Freeport last Sunday. The headline states "Coral Beach owners claim meeting with Minster Turnquest was useless". I expect it will be posted on the 'archive' site at some point as the other newspaper articles have been too.
On a much happier note, I see the regular Friday morning bridge players are strategising right now - a good crowd too. More time devoted to playing bridge is also offered to us all - from January through to end of April, Kay Voller (apt 2611, 373-2395) and Kay Cox (apt 1408, 373- 8556) are arranging tables (in advance) for Wednesday evenings from 7.30pm-10pm. Give them a call and sign up.....
And the 5th Annual Home Centre Classic 'shotguns' off at the Our Lucaya Reef Course at noon on 23rd February. The Grand Bahama American Womens Club holds this as their main fund raiser for the year towards their Youth Scholarship and Philanthropic Funds. There will be a pre-event putting competition. Teams will be made up after registration by the Our Lucaya Reef Golf staff: team play (blind draw) or scramble (4 per scramble). Compete for "longest drive" and "closest to the pin" - and Mulligans and Gimmies will be sold (????? I have NO idea!)
Anyway, pre-registration costs $65 at the Home Centre starting February 1st and $75 on February 22nd during Happy Hour (5-7pm) at the Our Lucaya Reef Clubhouse. The awards party will be held immediately after the competition at the Reef Club patio.
That's it for now - was blustery yesterday and still too windy for parasailing right now - but the sun is shining and it is warm.
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WAS BRUNO DEPORTED? MEETING WITH TURNQUEST
The Freeport News Article has been posted to www.coral-beach-hotel.com. Owners' from the USA have written to their Senators and the US Ambassador to the Bahamas breifing them fully on the grevious concerns/facts that are being exposed.
WEBMASTER
In an Offical meeting with Minister Turnquest (National Security, Immigration & Police), James T Rolle (Immigration, Freeport), T. Gibson (Labour) and Senator K. Smith, Mr Turnquest stated that Tiffany Dennison was Bruno's Rufa's lawyer and he was meeting them to discuss Mr Rufa's immigration matter. If this is so, who is paying her bill? Mr. Rufa or Coral Beach Owners?
Ms. Dennison's legal handiwork is baffling. I would be ashamed to sign my name to such a poorly written and reasoned piece of work. By way of example, her construction of section 70 dealing with bankruptcy of directors concludes that it only applies to bankruptcy after you are a director and then grafts on an additional qualification not stated in the articles, namely that you also have to be in arrears on your account. No foundation is given for this additional legal fiction and serves to illustrate that her opinion should be given little weight by owners. Similarly, when addressing the issue of minutes, she fails to address the duty of the BOD to maintain minutes or to make them available to owners. Instead she surmises that "in the event all such minutes are in place", then they can't be undone by subsequent boards. The notion that a subsequent board can't change policy of a prior board is unfounded. It is a fundamental principal of corporate law that a BOD can change its mind on a prior matter so long as the change complies with applicable law. On the issue of proxy validity, she sidesteps the issue by saying she wasn't provided a copy by the BOD. Gee, don't you think she could have called her buddy Bruno and gotten him to fax her a copy - I could go on but you get my drift. This was plainly an attempt by Ms. Dennison to provide some obtuse and evasive legal "opinion" to try to cover her behind and those of the BOD. I doubt a court would agree with her on all of these points. Her letter serves to illustrate that opinions are like *******, everyone has one.
Excuse me, but how can Ms. Dennison act as Bruno's personal lawyer when there is no access to her services for the rest of us?
Isn't this a conflict of interest?
Like Sandra doing the books?
Like Phil acting as treasurer, Co-VP whatever that means, head of B&G, purchaser, landscape artist with all the fruit trees and rotting fences?
Like Bruno and Sandra purchasing multiple units?
Like Bruno using the company truck for a business venture?
Like the Board controlling the election process and being the only members on any committee?
Need I go on?
QUESTIONAIRE
The first questioaire is on www.coral-beach-hotel.com.
Thank you.
Webmaster
If you feel that you have been smooth talked, intimidated or otherwise coerced by anyone about your vote at the AGM, please speak up to one of the independent candidates. I'm sure they will listen with interest.
Remember, that even if you have signed over a proxy to someone, you have the right to re-submit another proxy. The proxy with the latest date (most current) over-rides and supercedes all previous proxies.
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