Friday, January 13, 2017

January 12, 2017

This posting is to give notice that I will be withdrawing my candidacy for a position on the Board of Directors at the upcoming annual meeting.  I will no longer be involved in the political process of Aspen Circle.

The reason for that decision is health.  As some in the Circle are aware, I have been having issues with my balance for some time and I can no longer ignore it.   My neurologist has indicated that it is likely that I have Adult Onset Ataxia, a catchall diagnosis that includes neurological conditions of many types that are degenerative and progressive.  For the curious, Google my diagnosis for anything you wish to know.  It's fortunate that here in Tampa Bay we have a Ataxia Research Center at  USF and they will be handling my case.

Obviously, with my problem, living on the second floor is not the best situation for me.  Therefore, I will be devoting my time and energy to: 1) finding a living situation that is more appropriate and  2) making my unit more salable.

As many know, I have a reverse mortgage which means that the title will be turned over to to the mortgage company when I depart.  In order to avoid the problems involved with a situation like we had with 212 - Tim's place,  I will be working to put my unit is a more marketable condition.  This will avoid the forfeiture process and probate.  With the title turned over to the mortgage company, they should assume maintenance fees and be able to sell the unit ASAP.

Finally, I must express my sincere thanks for the love and comfort offered me by some of the residents of the Circle during the very recent low point in my life.    We truly have some wonderful people in the Circle and, for their support, I am very grateful!

Over and out!

Andy Johnson

Thursday, January 5, 2017

January 5, 2017

I feel the need for more detail regarding the events that took place on Tuesday and the Blog that was posted that day.

As I stated in that post, I am a gay male.  Have been my whole life.  I've been in a relationship with a guy named Jeff for a few years now.  We have met frequently during that time. I travel to him - he has never been to my unit.   And as consenting adults, behind closed doors, we enjoy our time together.  I don't think that is wrong.

I suppose a legitimate question is why haven't I come out before.  It is my nature to be private with my life and I don't flaunt my sexual orientation.  Some in the Circle probably were suspicious but they never asked me about it.  I suppose they were too polite or whatever.  If asked, I would have been truthful.  I am not ashamed of what I am.

The picture!  I brought a camera with me once when Jeff and I got together.  We were fooling around with it and took some pictures including the one that appeared on my Blog.  I have been told that the picture was pornographic.  Yes, that was me laying butt naked  on my stomach.  I personally didn't think much of it and after I developed it on my computer, it wasn't long before it was deleted - from my computer.  I suppose it could be thought of as pornographic but  pornography is in the eye of the beholder and that certainly didn't apply, as I saw it.

I was told that I should have been more careful.  And that certainly is the truth.  What I underestimated was the encroachment into our private lives that happens when we utilize the computer and surf the internet with Google or any of the other tech companies, including Yahoo and Microsoft.  I must have unwittingly given Google Drive the authority to get into my private files including pictures and other data.  Google built a profile for me which featured that picture.

After being told that my profile contained a pornographic picture I was stunned.  I started looking for the picture and was very surprised to see a  profile with all my data contained in it, including a number of pictures that they had stored for me by Google in an album.  And that picture was featured!  They could have selected the picture of the rhubarb  pie that I was proud of making which was also in the album.  But they randomly selected that picture.   Obviously, that picture and all the others have been deleted off Google Drive.   No more Google Drive for me!

I've learned the hard lesson the hard way by being stupid in not understanding the way the tech companies operate these days.   I wasn't as cautious and careful as I should have been.  Lessons learned and now applied.

Now, as I explained in the last posting, the ballots for the Board of Directors have already been printed and were to be sent out Wednesday.  There was no way that I could have gotten my name off of that ballot even if I wanted to.  But I didn't want to take my name off the ballot.  I have made a promise that I would apply to be a Board Member and I wanted to keep that promise. I do not desire to be President.  But there are some things that I wanted to accomplish as a Board Member.   There are things happening in the management of our Circle that should be questioned and discussed and that was my objective.

Whether I become a Board Member is obviously up to the voters.  If they see fit to vote me in, I will accept.  If not, there will be no hard feeling - I can understand and will behave accordingly.  I am not going to campaign for the position - this is the last word that I will say about being a candidate.

Andy Johnson

Tuesday, January 3, 2017

January 3, 2017


This edition of the Blog was to announce my candidacy for a position of the Board of Directors at The Gardens 101,   However, a problem has arisen which I must address.

Some enterprising person checked my Blog and the link to my personal profile.  Word has gotten out that there is a picture on the profile of a naked male in a compromising position on that profile - that picture has been deleted but not apparently before it was viewed by some owners.

How that got there is unclear - obviously I did not put it there knowing that it would be for public viewing.  Nevertheless, the picture is one that I had in my possession at one time in my photo gallery.  What this suggests of me is true:  I am a gay male.  Not denying it at all.  Out and proud as they say.

I offer my apologies to all that have seen the photo.  It is most embarrassing!   I also owe an apology to  all have supported me in the past - I've let you down.

This does change the dynamic involved in my relationship with the community.  I do not wish to be a distraction or an embarrassment.  I understand that the ballots for the election of Board Directors have been printed and in the process of being sent and my name appears on it.  So I cannot remove myself from the ballot.

However, the issues that I have identified are there whether I am on the Board or not.  Whether I am gay or not.  These issues have nothing to do with sexual orientation.  Some are quite important to the community and the way it is governed.  I have a decision to make and one that I will wrestle with until the evening of the Annual Meeting.  Or maybe the vote will make that decision for me..

Andy Johnson





Tuesday, December 20, 2016

December 20, 2016

In my last posting, I said I was moving on.  The reality of the situation is that it will likely be some time before I can place it on the market and sell.  In the meantime, I am still an owner in Aspen Circle and have to pay maintenance fees, etc., so I am going to continue comments on events as they impact the Circle.

The New Budget.

We all received the new budget thru the mails or personally delivered.  I've reviewed the budget and I see a couple of issues that could be corrected.  The new budget represents an increase of 6.3% over last year. Resource did this budget with assistance from our management team and I have to wonder if they have a clue regarding what is going on here at the Circle.  There are a few strange things included in this budget and they are as follows (with my comments).

Legal Fees:   This item has a budget of $4,500.  This is too much since we no longer have issues with foreclosure with the 2 units that weren't contributing maintenance fees.  While we had those issues, it was reasonable to expect to pay more money for legal assistance.  As you can see, the projected fees for 2016 ($4,045) do not quite approach this amount.  I would suggest that $2,500 would be just fine.

Bad Debt Expense:  We now have all 48 units paying their maintenance fees.  Bad Debt was put into the budget to make up, partially, for the maintenance fees that we didn't expect to get from the 2 units that were in foreclosure.  This was good when we had foreclosure issues but now we have a full complement of owners, happily paying their maintenance  fees.  This item ($5,100) should be removed.  It is possible that we may have an owner who stops paying fees but the budget is built with reasonable expectations and we have no reason at this time to expect a need for Bad Debt.

Reserves - Common Roof:  The amount budgeted is $41,000.  That would be sufficient to purchase a new roof and cover the costs of the maintenance contracts.  However, we don't require a new roof every year since each roof has a life span of 20 years - except for, of course, C Building which had a repair done that may require attention significantly earlier.  I would suggest this be lowered to $35,000 which is more than ample to build up reserves when the next roof needs replacement as well as cover maintenance costs.

Reserves - Deferred Maintenance:. Now this is an interesting one in that we have never had this reserve account before, so it was obviously invented by Resource and to what purpose?  Reserves are set aside for designated capitol expenditures. Since all of the expensive capitol expenditures are covered with the current reserves, it is sort of fun to imagine what this account is supposed to cover.  

We know that there are necessary expenditures for the rear stairs of each building that should be done expeditiously and cost us about $26,000.  Janet tells us that there are drainage contracts that cost us about $20,000 (although we haven't seen a contract so who knows) and this is an issue that we are told must happen soon.  This Deferred Maintenance can't possibly bring in enough money soon enough to cover the cost of both of these 2 items, let alone one.  So, you can take it to the bank, that we are going to have an assessment for about $46,000.

My guess is that this Deferred Maintenance is really a savings account designed to secure enough money so that the buildings can each be painted twice with caulking, which will cost us $66,000 (per Janet's cost estimate)?  Totally unnecessary!

Now, if you take out or reduce the items that I suggested, you save a bunch of money ($23,100).  All of a sudden you have a budget that does not increase maintenance fees.  After several years of escalating maintenance fees due to the large increases in flood insurance and the decrease in income due to the foreclosures, it would seem like a nice reward for our patient owners to enjoy lowered maintenance fees for a change.  Especially since we will be called upon for another assessment this year for repair of the stairs and the drainage issues.

Just my 2 cents on the budget,
Andy Johnson

Thursday, November 17, 2016

November 17, 2016

This will be my last post for the Aspen Circle Review.  As I said in my last posting, if the Association voted in favor of the assessment in the last  Board Meeting, I will be moving on.  Instead of the Blog, my time will be spent in remodeling my unit in hopes of selling while the opportunity is still there.

Unfortunately, I didn't accomplish the goals of the Blog, therefore, it is time to put the Blog to bed. Writing the Blog has been an interesting experience and a learning experience.   I certainly have no regrets.

And I thank those readers who have spoken kindly about the Blog.

Just my opinion,
Andy Johnson

Sunday, November 6, 2016

November 6, 2016

This Blog posting is entirely about the new assessment that you for which you and I should vote on Tuesday, November 15th.

If you've kept up with my Blog, you know my feelings about the new assessment and how you should vote.  My last Blog posting was a little strident. One should not take up pen and write while angry - a lesson learned.

I am angry because this assessment was dishonest.

At the Board Meeting on October 25th, Janet asked if our owners would accept an assessment to balance the budget.  This was favored by a majority of those voting, including me.  What she didn't say was that you were going to get the Reimbursement scheme again.

According to her own figures, if you subtracted the amount of money that was "reimbursement" for reserves, $14,349, the amount necessary to actually balance the budget would be only $21,933,63. That is significantly less that the $37,000 that is being voted on in this assessment.  That, as I mentioned in my last Blog posting, is a bit less than $300 per unit, with some higher and some lower depending on the size of your unit.  A sizable sum for the folks that are living on their pension and social security or less.

So when I opened my assessment packet and saw that the assessment was for $37,000, I was incensed and felt betrayed - if you raised  your hand, wanting a balanced budget, you also should feel betrayed. The owners in attendance voted, as Janet requested, for money to balance the budget, not for additional money to pad the reserves - that's how I see it..

So, seeing the $37,000 got me very incensed because that is a very dishonorable way of going about the business of Aspen Circle!  I was angry because Janet was given the opportunity to do the assessment correctly, and according to the wishes of the owners - and blew it!   I was angry and it showed in my writing in the last Blog posting.  So for that, I apologize!

What happens if I vote No?  Not much, really.  If the management team is serious about balancing the budget, then  they will have to go back and give us another assessment figure, closer to the $21,933.63 that their breakdown suggests.  You will simply pay less in the next assessment installment.

What happens if I vote Yes?  The $37,000  assessment will go forward.  Obviously, you will be paying more than you should  because this assessment includes money to pad the reserves.

I've already filled out my Ballot.  Can I change my vote?  Of course - the ballots won't be counted until the Board Meeting on the 15th.  If mailed the ballot in, ask Resource to return it or change it for you.  New ballots should be provided at the meeting, so request one if needed

Just a word about reserves.  They are very important because we need to build up the reserves for future projects.  The reserves are normally accumulated through your maintenance fees and developed in the budget each year.  The board could also vote for an assessment purely for increasing the reserves.  And they can be built up within an assessment like the one we're voting on in this case. But we weren't told at the Board Meeting about the dual purpose of this assessment - this is what's so irritating and why I call it dishonest.

Now - if this assessment goes through, then you will have given the current management team encouragement to go forward with a number of assessments that will follow.  There will be an assessment to repair the stairwells which will probably paired with $20,000 (or more) for the drainage project.   And don't believe for a minute that Janet has given up on the "Paint Building Project", the price of which is $66,000.

And, hold your hat for the new maintenance fee you will be paying in the next fiscal year - be prepared for sticker shock.

Of course, the maintenance fee will depend on who gets elected for the new Board in February.  The budget will be prepared by Resource and approved by the current Board in January.  If the management team in place is voted back in, that will be the end of that.  The budget will go through with no resistance and you're going to pay a whole lot more - in assessments and fees.  That is an easy prediction.

However, if the Board is made up of folks that prefer a more prudent course of action and fiscal restraint, that budget can be reopened and the fat in the budget can be excised and the maintenance fees reduced.

As for me, if this Reimbursement scheme is given a Yes vote, I'm going to start packing.  I will be among those that can't afford to live here any longer.  I was seriously considering a run for the Board but a Yes vote would put an end to that thought.

I have to be realistic - the best option for me is to get the hell out of Dodge while the getting is good!

Just my opinion!
Andy Johnson


Wednesday, November 2, 2016

November 4, 2016

This and that - a few notes and thoughts about the Circle.

The Newest Assessment.

The new assessment is out and here they go again!  I opened my envelope from Resource to find the same tripe that was panned in the last assessment!  Another rendition of the "Reimbursement Scheme".    This reminds me of the movie "Dumb and Dumber" or "Groundhog Day".   Absolutely no rhyme or reason for this!  When the question was asked, at the Board Meeting last week, if the owners in attendance would accept an assessment to balance the budget, many hands were raised, including mine.  The word reimbursement was not uttered.  To me, it is apparent that our management team badly misconstrued that vote.  If they had detailed the assessment and talked about padding the reserves, I can't believe that it would have gotten the votes that it did.

If this current assessment is so important, and I'm hearing that this is being sold as an emergency, then why muck it up? There are far better and more honest ways to add to the reserves.  It makes little sense to screw around with this important issue when we supposedly need money so badly!

The amount of the reserves that they want us to "reimburse" is $14,349 (of the $37,000).   If you divide $14,349 by 48 units, that would be about $299 per unit -  give or take a few dollars, depending on the size of your unit.  Not an insignificant amount when you're trying to stretch your income to meet your daily needs.  Apparently $21,933.63 is all that is really needed to balance the budget.

Unfortunately there will be folks that are not familiar with the budget shenanigans involved in this scheme, that will vote for this because they have been told that the assessment was to balance the budget -which is not the absolute truth.  Obviously I'm not going to support it.  In fact I am going to recommend that THE VOTE ON THIS  DISHONEST ASSESSMENT SHOULD BE NO!  We need to send a message to Janet and Kimberly that we will not be taken for granted!  If they want our vote for a balanced budget assessment, then do it right!

What's next?  My suggestion in going forward is fairly simple.  First, cancel the Special Board Meeting.  Second, set up a regular Board Meeting  within the time frame to allow for Board consideration of a special assessment.  As we now have an acceptable bid for the stairwell repairs, the Board should vote to approve the contract proposal with Lizotte and add $4,000 for adequate funding for the painting that will be needed after the repairs are made; set the assessment for stairwell repairs  at $26,000.  Set a figure for balancing the budget at $22,000.  Have a Board vote for an assessment package at $48,000.  Boards certainly have the power to assessments - it's been done before and certainly can be done again.  Make the assessment in whatever easy pay plan that seems appropriate even if the assessment has to go into the next fiscal year.  I believe that there will be enough support from the owners to pass this assessment plan.

With this assessment plan, two critical problems will be resolved.  There can be little doubt that the stairs must be repaired/replaced.  And we need that $22,000 to adequately to address the budget shortfall.   We can go forward with only the drain problem before us.

It is up to the current management to make the decision whether to implement the above compromise plan or not.  They could dig in and hope that they will get enough votes for their plan to pass.  They have to hope that the 29 voters that voted no for their first version of this assessment will change their minds and vote for their second.  I don't believe that will happen.   The compromise plan that I have suggested is workable, solves a couple of our issues and will pass the test of our owners.  Now the ball is entirely in the hands of Janet and Kimberly.

The Other Assessment.   The vote on the first assessment failed miserably - 28 opposed, 10 in favor. It failed because  the process was done with the 4 p's:  pi-- poor prior planning!

Reimburse the General Operating Fund.  A cute but a very feeble attempt to balance the budget and pad the reserves.  You need money to balance the budget - then do it.  Don't muck it up by throwing in a very controversial item like this stupid "Reimbursement Scheme".

Rear Stair Repair.    Except for info provided by Janet about the 26 steps in need of repair/replacement - nothing.  Nothing here to provide us with the kind of information that we need to make an informed judgment.   $46,000 is a ton of money for a project that we know little about.  An easy no vote.

The Drainage Issue.  When Resource sent out their assessment packet, it was the first time that most of us have heard about this issue.  The  Janet letter to support this assessment contained even less information than the stairwell repairs.

This assessment was a big wasted effort - not even a nice try.  And think of the postage and paper for which we are paying for that wasted effort.

The Current Problems.

Stairwell Repair.  There definitely is a problem with our stairs in the rear of the buildings.   When I mentioned the amount of this assessment for stairwell repairs ($46,000) to Jane Griffin, President of Elmwood,  - she was amazed!  They had recently encountered the same issues with their stairwells and had a contractor complete their job for an apparently good price.  She gave me the name of the contractor:  Lizotte Welding.

I spoke with Lizotte on the 24th and set up an appointment for some time later in that week.  At the Board Meeting of the 25th, I mentioned what I had done and wondered why Kimberly had not contacted Lizotte herself.  Kimberly admitted that she had attempted to get a proposal from Lizotte but was unable to have a meeting with them because of her busy schedule, time constraints or whatever.  This is the contractor that did the repair job on Elmwood,  the one contractor that had prior experience with this problem and was recommended by the President of Elmwood.  And Kimberly wouldn't put out the little extra effort to get a proposal from them!

On Saturday, October 29th,  Janet and I were with Todd Lizotte while he reviewed our stairwells to determine the scope of work and offer us a proposal..  The proposal that we received came in with a total of $22,700.  That proposal included replacing 49 steps at $19,600 and other items to reach the total price.  This does not include the costs for sanding and painting repairs that will be required for some of the steps that did not need to be replaced, work that could be done by a competent handyman.  Mr. Lizotte did a thorough job with an eye to doing the things that are needed now and may likely need to be done in a couple of more years.  I am completely satisfied with his proposal; Jane Griffin's referral, attests to the quality of work that the company does.



The Drainage Issue.  We've seen the evidence that there is, in fact, problems with drainage as the issues with 104, 105, 110 and 113 attest.  We've heard complaints from some of the owners on the first floors of our buildings that mold and mildew have been encroaching into their units.  We need a committee of competent owners that could look at the drainage problem and develop a strategy to handle it.  We don't need to throw $20,000 at the problem and hope it works.  Remember Laub, the contractor hired in 2014 whose work on 104 and 113 failed and cost us $5,200?

The Mansard Assessment

Word came out from Janet and her minions,  that the assessment our Board passed in 2015, to get shingles replaced on the mansards, was illegal.   Apparently a knock at me because, in my Blog, I did not support their first assessment.   They said our Board vote was illegal because it was not put to a vote by the owners.  This issue was raised repeatedly during the assessment debate and we asked our attorney if, we as a Board, could approve the assessment without an owner vote.  On February 26, 2015, our attorney, Anne Hathorn, a noted condo expert, sent an email to Randy Unwin, who was our  Ameri-Tech Property Manager at the time.  Her opinion is reprinted below.   This gave us a legal basis for what the Board did.  The fact is, the Board, in good conscience, did vote for approval of the assessment based upon the best information that we had.  With the new aluminum shingles, the appearance of the Circle has appreciated significantly; we are better off for it.  I make no apologies.

"As you may also know, there are some exceptions to the requirement that an owner vote is required to approve a material alteration.  That is, even if a proposed change would constitute a “material alteration,” a vote of the owners is not required, for one reason or another. When an association must replace an item and decides to use newer, better and/or more technologically advanced materials that would extend the life of the item and reduce future maintenance, the law creates an exception to the material alteration rule and allows the Board to make this change as a maintenance item, rather than as a material alteration.  If you have documentation that the aluminum shakes would do this, it is my opinion that the Board could replace the cedar shakes with aluminum shakes, without the consent of the unit owners."

The Future.   

We're facing some serious financial decisions here at Aspen Circle.  The next Board will determine how we go about solving the real problems we are facing.  Not only that, the next Board can have a significant input into the new budget for the next fiscal year.  I believe it is imperative that we take a sound, reasoned approach to solving these issues and get our budget on track.  That means that we have to put a strong Board in place next February.  We need owners to get involved and participate in the proceedings or we will be relegated to more of the same knee jerk management that we have experienced in the last few months.

During the assessment debate, we heard more of the: "if you can't afford to live here, then you should leave" mantra.   Most of us have heard that.  It is very likely that the ten owners that voted in favor of the $105,000 assessment, represent that view.  Remember those owners next year when it comes time to elect a new Board of Directors.  Their willingness to throw money at a problem without a well reasoned analysis, is what we don't want.   Those folks have champagne tastes while most of us are on a beer budget. We simply cannot afford for a majority of those folks to take control of our Board. 

Owners will pay for an assessment when they are presented with a well thought out and documented plan.  Even well off owners, however, do not want their money wasted on real or dubious projects, like the foolish $66,000 "Paint the Buildings".  

Further, we are not well served by our current Property Manager.  Resource was great when Gary was around - everybody loved Gary.  But we have Kimberly who has really imposed herself on the Circle and not in a good way.  She rammed through the roof repair contract on Building C -  a ten year repair option rather that a 20 year full replacement which cost $10,000 less; because of that, we're going to have to look at that roof again around 2026 and fork out more money (perhaps even before if the drains on that roof go bad).  She was too "busy" to get a contract proposal from Lizotte, a contractor with the right experience to take care of our stair repair problems; and whose proposal came in well under the $46,000 that our management was going to assess.  She mucked up the assessment with the "Reimbursement Scheme"; you may recall, she started this in May when the "Unbudgeted Maintenance" was first observed in the financial reports.   We still have the "Toth" tree (Building F) whose roots are making a mockery of the sidewalks near it and threaten the integrity of that building's slab - a tree that our Board, in March, asked Kimberly to get a contract to cut down.  And she mucked up the second attempt to balance the budget.  She should go.

We should also take a fresh look at our contract with Resource.  We are paying a large, monthly premium - about $785 per month.  This is expensive compared with the cost of other management companies in the area.  Are we really getting premium service for this premium price?  I don't think so.  It appears to me that we are getting what might be termed decent service and that is being kind.  Now it is likely that another management company may not be any better.  But if  "decent" service is the benchmark, I would suggest that we can that kind of service at less cost than we are paying Resource.  If we can get a manager for $200 per month less than the price we pay Resource, and I think we can, then we're saving $2,400 per year - money that we can be better used to trim our palm trees.

It has been pointed out, by my detractors,  that we have had 3 management companies that I have been associated with and I didn't get along with any.  Well, it's just possible that I have some pretty high standards and those companies failed to meet them.   I view management companies as a necessary evil.  But I will support a management company whose value is worth the money we pay them.  That management company is not Resource!

Cooperation and Communication.  

I was ripped at the meeting because, apparently, I didn't immediately run right over and inform our management team of what Jane Griffin had told me about Lizotte.  Janet followed with a plea that we should all work together toward the objectives of meeting the issues facing the Circle.

Now I am all for everybody rowing the boat together in the same direction.  But doesn't that start at the top??  When Janet was up north making grand plans for the Paint Building project, the Stairwell Repair project and the Drainage project, what did, we, as owners hear?  Yes, the President reported in May, that we were facing a large assessment for various projects but where were the details?  Did we get a memo or a newsletter to let us know what she was thinking?  Anything?   I understand that Janet keeps the other Board Members informed on a fairly regular basis.  But what of the owners that have to pay for those grand plans.   Maybe we would be more cooperative if there was better communication from above.  It's a two way street - cooperation comes with the price of communication.

And Finally.   I've been described as a bitter ex-president with an axe to grind.  A crotchety old obstructionist that  uses this Blog to dwell on the negative, deals in lies,  fabricates innuendos and general falsehoods.  Personally I don't see it that way but so be it.  

What I would like to see is a blog(s) from the defenders of the present management team so I can find out where I've gone wrong.  Tell me why the Paint Building Project is really so important and how that $66,000 cost was developed.  Tell me why we couldn't/wouldn't get the proposal from Lizotte which can save us $20,000 for the stairwell repairs.  Tell me why we should go along with the $20,000 assessment to take care of the drainage issues.   There are many questions and so few answers and I really, really would like to know.  The rationale for some of these projects would make for entertaining reading.  Here is my email address if you start a blog:  ajohn727@live.com.  Please make sure I get a copy!

Just my opinion!

Andy Johnson