Carolinian
TUG Member
Here's the problem at Southcape:
Up until 1990 there were 5 members on the board of trustees. Three were for Condo I, which was nearly sold out, and 2 were for Condo II where the trustees had "developer rights" as spelled out in the Master Deed. But there is a separate Trust for Condo II and until 1990 Condo I and Condo II had their annual meetings on different dates. In 1990 when Barth & Woods bought the developer rights from Sateriale and DePamphilis, the two associations met together and combined the management under Barth & Woods. Sateriale and DePamphilis resigned and Barth & Woods took over as trustees for Condo II, but Condo I retained its original 3 trustees.
Someway, somehow, the board got reduced over the years to two trustees, Barth & Woods, and no votes were ever taken at annual meetings. Back in 1984 the owners had the opportunity to elect board members, but no more of that under Barth & Woods, and nobody can figure out why.
When Barth & Woods sold the "developer rights" to NEVSLLC we were advised that we would be getting contacted by Outfield Marketing to advise us about the "changes" at Southcape. What we learned is that Outfield Marketing is contracted by Festiva to sell us "conversions" to Festiva points.
Now here's the best part. Outfield Marketing owns 75% of NEVSLLC and there are two principals of Outfield Marketing now serving on the board of trustees. Previously there were only two, Barth & Woods, and the two principals were "appointed" according to Cliff Hagberg, the third board member and managing partner (25%) of NEVSLLC.
We've been advised that all of this is legal and all we can do is serve on an "advisory committee" of the trustees' choosing.
You need your own attorney to look into whether this was legal.