Dec 16, 2019
Hello Fellow Shareholders,
Mary Bolton and Steve Pepe would like to Thank you for your continued support and kind words. It has been an interesting week to say the least. On December 14th most owners were assaulted by a Baby Huey momma's boy with his drunken email rant. He attacked Steve and Mary with ridiculous charges. He should look into spell and grammar check first of all. Instead of hitting the send button he should have hit the delete button. He is such a dope he sent his drunken rant to three former owners that moved, three owners that have passed away, a former management company and threw Rick Koch under the bus as a friend and finishing up signing, our low life ghost's name, Keith Boyd. Stay tuned
It has come to our attention that the Malcontents spent around $40,000.00, then dropped the charges against the two Board members and settled that PBSA will look into closing the sixty year old loop hole. Remember that the Judge, can't legislate what is in our documents but only strongly suggest what changes should be made.
Update Dec 17, 2019
The Malcontents have finally dropped their case against PBSA and two Board members of PBSA.
James Cusick is now 0-3 when suing PBSA, which is all owners...
Feb 13, 2014
Hello Owners,
The PBSA Owners are being sued by the Malcontents
McNerney (208/9), Smiths (112), Guenthers (211), Cusick (402), Hurban (402), Page (207), Kishel (608), Beck (501) andLandolfi (304/5) are suing all owners in the building including themselves. Some Board members have also been named in this suit. The Board is protected by an insurance policy but all owners will be responsible to defend themselves against this suit and the deductible to protect the Board members. The Malcontents have created quite an atmosphere around 33 South. Many have served on past Boards and can be blamed for the mess we find ourselves in at this time. The ‘Good ole Days’, one big happy family never was and never will be. They have poisoned the well.
It has come to our attention from several owners, that the Malcontents are spreading more lies and misinformation to the ownership. Jim Cusick abandoned his position on the PBSA Board of Directors under Florida Statute 719.106. It states:
(m) Director or officer delinquencies. —A director or officer more than 90 days delinquent in the payment of any monetary obligation due the association shall be deemed to have abandoned the office, creating a vacancy in the office to be filled according to law.
He chose to abandon his position and there was nothing we could do save him. . Also, he had never taken a Board certification course as required by the State nor did he take the simple step by writing the Board that he had read and understood our documents when he was first elected and was suspended from the BOD. Once again it was his decision and out of the hands of the BOD.
The BOD was within their right to appoint anyone to the open positions thus not being elected there is no waiting period. An attorney looked into this and the BOD was given this option to stay intact during this renovation period. The BOD is doing what is best for the corporation. Nowhere does it state that a 2/3 vote is needed on board decisions. A 2/3 vote is needed to sell, lease, mortgage, change the by-laws and finally to change the proprietary lease. Nowhere does it state a superintendent is mandated to live in 107 but rather it states at the discretion of the Board there will be a live in employee. This was also put before an attorney. The Malcontents are costing all of us thousands of dollars in attorney fees. Please stop. If you have a question call Steve Pepe and he will be glad to explain whatever you want to know.
Richard Bolton would like it noted that the security cameras are video only and he has better things to do in retirement than to watch our lobby 24/7. Each week he is asked to check on something that has occurred in the lobby and is there any video of it. Leda Page was constantly asking him to review the tape when she was on the BOD. The camera is there for our protection. For example we have had homeless people sleeping in the lobby, strangers stealing books, feral cats spraying the curtains and furniture. We have observed an unsupervised child spending the night in the lobby. A grandchild was recorded climbing over the office glass walls and sabotaging our cameras as well as other things. Lastly, employees not doing what they say they are doing. The camera never blinks and therefore it is a great resource for the building. Hopefully in the near future we will purchase a better-monitored system.
Bolton has been asked by the BOD to volunteer his time to go around with the ‘Bug Man’ when a BOD member is not available. Anyone of the owners is welcome to volunteer their time as Rosa Muscillo has. Bolton also noted that the rope separating the deep end of the pool from the shallow end was missing for over three weeks and took it upon himself to get permission from the BOD to purchase and install a new line along with a new rope on the ring buoy thus avoiding a stiff fine from the Board of Health. We should all be looking out for one another and stop the pettiness.
Lisa Stenbeck ,office manager, is replacing Connie. Please welcome her when you see her.
Sanders is no longer in our employment and Ken Morin has replaced him. Please extend a welcome to him when you meet him.
(Jose Sanders confessed to stealing from the building and pawning our property and was charged with grand larceny. The DA dismissed all charges, no reason given.
In yesterday's circuit court hearing (April 29, 2019) in the McNerney, Cusick, Hurban, S.
Smith, T. Smith, T. Guenther, G. Guenther, Page, Landolfi, Beck, & Kishel versus PBSA,INC., Pepe, & Bolton lawsuit, the judge dismissed part of their original complaint and required an amended complaint be filed before proceeding. Judge Coates did not dismiss the case entirely and did not require it to go to Non-Binding Mandatory Arbitration with the Division of Business & Professional Regulation. PBSA has already paid the required $2,500 deductible on our Directors & Officers Insurance Policy for our defense in this lawsuit.
09/17/2019
Lawsuit put off for another 30 days, some time in October. I am glad the Malcontents are spending extra money on this frivolous lawsuit just to have Steve Pepe removed from the Board. He is the most knowledgable person in the building on the concrete reconstruction project as well as the building in general. Mary Bolton's term expires in February 2020, Steve's the following February. If the Malcontents win, they pay as shareholders, If they lose they pay for wasting the courts time. Total waste of time and money by McNerney et al. You want to trust the decisions and oversight of (Brad)Spartacus, Johanna and Kevin? Kevin is too busy and the other two are not qualified nor knowledgable. Remember these are some of the least senior owners in the building and they are making all the decisions for you. SMH...
01/25/2019
Matt McNerney, Jim Cusick, Tori Hurban, Carolyn Landolfi, Taylor Smith, Shelia Smith, Roy Beck, Gayle Guenther, Tom Guenther, Leda Page, Joan Kishel, aka The Malcontents, are suing Palm Beach Shores Apartments,Inc., Steven Pepe and Mary Bolton because they felt their appointment to the Board of Directors was illegal. The BOD had requested an opinion from the corporate attorney if the resignations and appointments were legal and in his opinion it is. This issue was brought up in the past and was deemed legal by another attorney. Now all owners are being sued by these Malcontents and are being charged attorney fees to protect the Board of Directors against this frivolous lawsuit. These are the same owners that refused to pay the special concrete assessment and window replacement. They only paid up when their property was liened and they were facing foreclosure. Many of these owners that chose to do nothing to protect our investment, the building, by not maintaining, repairing nor replacing are former Board members. They were content to delay, table or set up a committee to look into problems with the building and do nothing. It got so bad that concrete was falling off the building and they said this website was causing false alarm and the building was in good shape. We see now how wrong they were.
I would like to know why Tom Guenther is a party to this lawsuit when he is not even an owner? Can anyone go to the courthouse and join any lawsuit they want to?
Below you can read the COMPLAINT documents which were obtain from Palm Beach County on-line website. Judgement will be posted.
Stay tuned to hear the outcome.
04/30/2019
In yesterday's circuit court hearing (April 29, 2019) in the McNerney, Cusick, Hurban, S.
Smith, T. Smith, T. Guenther, G. Guenther, Page, Landolfi, Beck, & Kishel versus PBSA,INC., Pepe, & Bolton lawsuit, the judge dismissed part of their original complaint and required an amended complaint be filed before proceeding. Judge Coates did not dismiss the case entirely and did not require it to go to Non-Binding Mandatory Arbitration with the Division of Business & Professional Regulation. PBSA has already paid the required $2,500 deductible on our Directors & Officers Insurance Policy for our defense in this lawsuit.