June 23, 2010
Attention Concerned Shores' Homeowners:
Please take the time to read President Gus Kouremetis' "State of Community Message. Click Here. A "Factual" response will be posted in this section later today. After that, draw your own conclusion.
MR. GOLDSTEIN HAS ISSUED THE FOLLOWING RESPONSE:
"After consulting with my legal team, it has been determined that using this forum to try and specifically address the issues raised by Mr. Kouremetis would be inappropriate. After a complete investigation into statements made by Mr. Kouremetis, the issues referenced by Mr. Kouremetis, and at the legally appropriate time, a formal, more informational response will be made to the General Membership of the St. Augustine Shores Service Corporation.
At this time, I can provide the following information:
It 'was not' the investigations conducted by or on behalf of any of the individuals named in Mr. Kouremetis' letter that caused the General Membership of the St. Augustine Shores Service Corporation to incur any expenses.
Any incurred costs, if such exist, would be directly related to the Service Corporation Board of Directors' 'subsequent handling' of the issues and investigations presented.
The homeowners of the St. Augustine Shores are granted the use of 'ALL' common elements, including the Riverview Club and adjacent swimming pool through the various Deed Restrictions and other governing documents, which have been filed with the State of Florida and County of St. John's, on behalf of the St. Augustine Shores Service Corporation.
The various Unit Declarations of Restriction, recorded on behalf of the St. Augustine Shores Service Corporation, allow for the collection of association fee assessments. The Various Deed Restrictions of the Corporation "Clearly State" what amount of "Fees" can be collected for use by the Service Corporation.
There is nothing filed as a governing document of the St. Augustine Shores Service Corporation that allows for the collection of any additional use fees to be assessed against members of the St. Augustine Shores Service Corporation for access to common elements of the subdivision.
The only 2 elements that would "Possibly" overrule the homeowner's unequivocal right to the common elements of the St. Augustine Shores, including the Riverview Club and the Pool, is if such language was contained in the governing documents of the Corporation, as officially recorded, or if the St. Augustine Shores Service Corporation were to sue itself and under that action file for an emergency injunction, preventing the homeowners from using the common elements of the St. Augustine Shores Service Corporation.
Petitioning the Court for such an injunction does not guarantee that the request would be granted by the Court. Granting a favorable ruling under such conditions would be highly unlikely. (limited case law exists on the subject) If successful in having the injunction granted, it would most likely trigger an immediate appeal under various Florida Statutes.
Such an action would easily cost the St. Augustine Shores Service Corporation hundreds of thousands of dollars. Florida Statute 720.30(1) is very definitive in regards to such a suit. The following language contained within the referenced Statute is worth posting here;
"Before commencing litigation against any party in the name of the association involving amounts in controversy in excess of $100,000, the association must obtain the affirmative approval of a majority of the voting interests at a meeting of the membership at which a quorum has been attained."
Nothing I have stated above is based on personal opinion. These are the facts, as clear as can be stated at this time, based on numerous Florida Statutes and various areas of prevailing Case Law."
Respectfully Stated,
Keith Goldstein
Attention Concerned Shores' Homeowners:
Please take the time to read President Gus Kouremetis' "State of Community Message. Click Here. A "Factual" response will be posted in this section later today. After that, draw your own conclusion.
MR. GOLDSTEIN HAS ISSUED THE FOLLOWING RESPONSE:
"After consulting with my legal team, it has been determined that using this forum to try and specifically address the issues raised by Mr. Kouremetis would be inappropriate. After a complete investigation into statements made by Mr. Kouremetis, the issues referenced by Mr. Kouremetis, and at the legally appropriate time, a formal, more informational response will be made to the General Membership of the St. Augustine Shores Service Corporation.
At this time, I can provide the following information:
It 'was not' the investigations conducted by or on behalf of any of the individuals named in Mr. Kouremetis' letter that caused the General Membership of the St. Augustine Shores Service Corporation to incur any expenses.
Any incurred costs, if such exist, would be directly related to the Service Corporation Board of Directors' 'subsequent handling' of the issues and investigations presented.
The homeowners of the St. Augustine Shores are granted the use of 'ALL' common elements, including the Riverview Club and adjacent swimming pool through the various Deed Restrictions and other governing documents, which have been filed with the State of Florida and County of St. John's, on behalf of the St. Augustine Shores Service Corporation.
The various Unit Declarations of Restriction, recorded on behalf of the St. Augustine Shores Service Corporation, allow for the collection of association fee assessments. The Various Deed Restrictions of the Corporation "Clearly State" what amount of "Fees" can be collected for use by the Service Corporation.
There is nothing filed as a governing document of the St. Augustine Shores Service Corporation that allows for the collection of any additional use fees to be assessed against members of the St. Augustine Shores Service Corporation for access to common elements of the subdivision.
The only 2 elements that would "Possibly" overrule the homeowner's unequivocal right to the common elements of the St. Augustine Shores, including the Riverview Club and the Pool, is if such language was contained in the governing documents of the Corporation, as officially recorded, or if the St. Augustine Shores Service Corporation were to sue itself and under that action file for an emergency injunction, preventing the homeowners from using the common elements of the St. Augustine Shores Service Corporation.
Petitioning the Court for such an injunction does not guarantee that the request would be granted by the Court. Granting a favorable ruling under such conditions would be highly unlikely. (limited case law exists on the subject) If successful in having the injunction granted, it would most likely trigger an immediate appeal under various Florida Statutes.
Such an action would easily cost the St. Augustine Shores Service Corporation hundreds of thousands of dollars. Florida Statute 720.30(1) is very definitive in regards to such a suit. The following language contained within the referenced Statute is worth posting here;
"Before commencing litigation against any party in the name of the association involving amounts in controversy in excess of $100,000, the association must obtain the affirmative approval of a majority of the voting interests at a meeting of the membership at which a quorum has been attained."
Nothing I have stated above is based on personal opinion. These are the facts, as clear as can be stated at this time, based on numerous Florida Statutes and various areas of prevailing Case Law."
Respectfully Stated,
Keith Goldstein
