Financials

Has anyone seen any financials since the end of October? These delays remind me of the Ms. Nancy days, I'm just wondering how Brenda is going to treat the two special assessments for Break water and Lift Station which were not paid in 2010. I'm also wondering what the sale certificates divulge for unit purchases during 2010 & 2011. When I purchased the certificate mentioned 10,000+ to be paid for special assessments. Now if not paid am I liable if reassesed? Should Brenda carry this libility into 2011 all prior certificats should reflect owing an assesment, if written off no one is the wiser, except you know who!!

I would think it would be be beneficial for the Board to acquire a copy of Quick Books and have Brenda send a back up on a regular basis so Kerry wouldn't waste his time entering this info into a spread sheet.

Who is BS-ing who?

I was in the parking lot the morning of 2/26/2011 when a Winter Texan asked John Schiller if the cement was coming for the spot where the Crowley's storage building was located. John stated he was going to try and pour it today( a Saturday). But, I was confused by John's statement, as the day before I purchased bait at Longs and asked how things were progressing to pour the cement? Long and I have a mutual customer as he acknowledged and stated his equipment was under repair to complete the job. So how is it John Schiller could have completed the job on Saturday? As usual I'm confused, but, need to check John's time card as to what was actually done.

Break area

Happened to catch Lisa in the linen room puffing and asked why she was smoking in a confined area with so many combustibles around. As she shrugged her shoulders and stated she was instructed by management this was a designated smoking area. I asked doesn't that smoke get into the lines? I would hope the Board would insist on monthly safety meetings of the rental company's employees to insure simple safety practices be followed. Sure hope the Insurance representative doesn't notice but probably will and at what rate is the association being assessed because of these activities. Speaking of insurance, after talking with Phase I they incurred many dollars of hail damage last month and was found out at NO cost to the association to have an appraiser come out and look. We should do the same. I'll mention to the Board!!!!

Greg Unit 121

NEW BOARD MAKING PROGRESS

After noticing one of the Phase I restricted units being occupied this weekend I'm relieved to see some of my concerns have been addressed. At the last Board meeting Kerry tabled this issue as he needed a time out to engage legal council to look into the matter and it looks as if he has. The matter being the rental company having to only rent to low-income renters of the restrictive units. I'm not pleased our front office has to become some sort of quasi-governmental qualifying facility for these renters and what communication, forms, and social workers are going to be involved? Sounds like the front office will be busy filling out forms with social workers rather than concentrating on renting Phase II units.
I guess I have several questions:
1. In stead of the HOA seeking legal council to prove or disprove the rental company's business practices, wouldn't it had been easier to ask the rental company with a formal request. But there again when the Board & the rental company are one in the same and no one thinks there is a conflict of interest the HOA would be more than happy to pay for the legal expenses associated with this issue. But, if given enough line it it looks as if I might be reeling in some more gross negligence.

2. When I sent an email of concern of these activities to Kerry I pointed out if in fact these restrictive units were in the rental pool there was an issue; but, if Kerry has gone to the point of engaging legal council he must know, wouldn't you think?

3. The last question is going to be ask to Alma at the Aransas County Treasures office, where, if it's the law for a management company to ID each property under contract then when I formally request all activity from 2007 it should produce some interesting facts.

Greg Unit 121

Passed with flying colors

I passed with flying colors. Alma at the Aransas County Treasure's office checked Kontiki Beach Management's records and all county and lodging taxes have been paid on the rental income incurred at my unit. Now I'll have to check with the state.

Keep your promise

Please find enclosed within the file attachment documents I wish to review at Brenda's office, as you promised, now it's coming upon 30 days as of the request as I'm wondering if it's going to happen? I've also put the dates of other documentation request in a spread sheet so as to make the Board aware of reasonable timeliness. I've also put on a spread sheet the items I wish to discuss at future Board meetings. In short,to move forward with issues at hand and my investigation there of I'll expect any and all documentation request and review of documents be provided within a timely timely fashion. As per my attorney's determination of any delay tactics I can only entertain recovery of these costs to review documents I and all have a right to review.

Greg

Double up and catch up

Herd through the grape vine but can't believe it the winter rates for next year are going up to over 3,200.00 per month at PhaseII. Whoooooooooo! What a marketing strategy. I wonder who's Phase II units will fill first the units at less than half offered by Coastal Bend Property Management or the units at the higher price? No wonder why half the Board meeting dealt with schmoozing the winter Texans the hammer is going to drop. I think the winter Texans would want to know this prior to leaving!!!!!!!
Coastal Bend Property Management at http://onthecoastrentals.com/

Government Offical

Just had an interesting conversation with the Aransas County Treasure. She stated there is a law all Property Management Companies are required to identify all rentals they have under contract and provide proof county & lodging tax being paid for rental periods of less than 30 days. As per Alma she stated Kontiki Beach Management has never complied with this law and her office is forever requesting this information. So at this time she couldn't answer my question if taxes were paid but would request this information from KONTIKI BEACH MANAGEMENT as the owner of the property has the right to know. WHY? If not paid who bears the liability, not sure but I'll be entertaining the question with Alma? If you have any questions as to if the taxes have been paid on your rental property call Alma at 361-790-0132 and I'm sure she will produce some answers!!!!!

Greg Unit 121

Cat is out of bag

It's been said Nancy Jacobs reacently received an inquiry for purchasing 404 one of the restrictive properties at Phase I and apparently the prospective buyer knew more about the restrictions than Ms. Nancy. Yes Ms. Nancy my ethics complaint was put in the mail yesterday and did weigh about 3 lbs.

My Numbers

My numbers aren't adding up either. Email to Brenda's office:
It appears as if my 1099 isn't balancing to the Reservation software of Kontiki Beach Management; therefore, please provide me with the the interface data from KBM which was downloaded into your accounting software. I'm also requesting monthly statements for 2010. Please be advised anything that identifies me by name, number, or symbol is to be made available under the Freedom of Information Act. I would expect this information so as I can timely file my federal return.

Greg Pejka

YOU DO KNOW

You do know Nancy Jacobs sold Unit 123 as of public record

of 2/10/2011 granting her a vote at the election until closing.

The Crowleys sold Unit 112 as of public record on 2/8/2011.

Please provide me with

Could you place at the top of my agenda these items to be discusses at the next Board meeting: the warranty deed to the Bohns from the Crowleys dated 1/25/2011 specifically item 4 which you have a copy of, the progress of the Board decision to continue the temporary use of common elements (front office) granted at the 1/28/11 to Key Allegro, and please provide me with a signed copy of the lease agreement to whoever is leasing the space on the south end of our club house along with documentation as to the Boards authority to negotiate a price for the discontinued use of my common element when I pay the insurance, taxes, and maintenance thereof. It almost appears as if the Board can arbitrarily dictate the use of the associations common elements at will even in executive session without any input from the association.

Fishing Report

Ray Lazano and I got out yesterday catching about 30 Reds but couldn't put a keeper in the boat. I understand he's pulling his Dad's two units out of the rental pool and going with Coastal Bend Property Management. If Phase I pulls there some 30 units out as well Phase II may not need a rental office.

Tight Lines

Greg Unit 121

Send more layers, guns, and money

This must be standard operating procedure to fabricate an incident like the same when Mr. Crowley stated to the police officer he owns the front office. As far as me stating inaccuracies on my Blog well I have my documentation to prove my statements show me yours and if I've published any inaccuracies please provide me with those documents ASAP so I can recant my article. I'm mot sure what what it means to rein him in. It almost looks like some more smoke and mirrors.

Not so fast, 3rd edition

Wasn't it stated by Kerry at the first Board meeting after the election " the Board is going to let the rental company use Unit 111 as an office and front office on a temporary basis until the Board can look into changing the by-laws. Glad I videoed the second meeting as I don't recall this issue being discussed.

Someones not listing

At yesterdays Board meeting I only wanted one question answered but was blown off by the Board. The photo to the right is the Warranty Deed when the Bohns purchased Unit 111. As per item 4 why does Unit 111 continue to violate our By-Laws? After lunch the Board did go into hiding (executive session) to negotiate a lease agreement for the laundary room in back of the club house. But according to Chapter 82 Uniform Condominum Act section 82.108 C this executive session can not suspend a right of a piticular association member. Isn't that what happened they suspended the right of all the use of their common elements?

Double check it all comes out in the wash

Just had an interesting conversation with a rental pool owner where the 1099 that was received overstated rental income by about $1,000. I realize this all GREEK to many, but is it possible the Reservation software at the front office recording all transactions when integrated with the CPA's Quickbooks software was reporting all that transpired at the front office; therefore, overstating rental activity differently from the monthly rental pool statements? The Reservation software was only reporting what was entered into it. Is there a connection to why Nov & Dec no activity for some in the pool? As a prior owner of a resort I'm familiar with this software as it was called Guest Tracker in my day but just to be on the safe side I poised these questions to several property management companies with the now Reservation software in Rockport of what it would take to manipulate the integration. Low and behold a bingo and it was explained how the same integration was manipulated at one company. I'd just like the chance to compare the two, as yes, my attorneys is asking for the same in his disclosure request. I guess I didn't mention my company ABC Accounting Applications as I safeguarded the integration process to both software's.

Tight Lines

Greg

Rumors are flying and pieces coming to together

The latest rumor concerning the front office alterations is the owners of the rental company didn't want the front office because of the association's claim to common elements. So, and this only rumor, Chris then bluffed the Bohns by the reconfiguration and entry change wanting to turn it into a unit. It appears the Bohns have since buckled to Mr. Crowleys whims without any concern of the association. But on the bright side the Bohns are left with Mr Crowleys carnage along with the association. Thanks Chris! It's these questionable activities are more than likley why Phase I gave the Crowleys amnesty during their Nov 13, 2010 meeting just to leave. WhOOOOOO!!

It's gotta be in the water

I'm confused but that's normal for me and maybe why I ask many questions. Didn't Rob take out the steps and change the front door several weeks ago (first two photos) now there being replaced. I'm kinda afraid to drink the water as my confusion may escalate.

I'm just finishing up with my ethics complaint for the roll Nancy Jacobs played in selling the Crowley's relatives restrictive properties to only Low income families and their requirement to use as their primary residence for 12 months. Everyone in Rockport knows the purchasers of 403 lived in Portland.

My next project will be looking into Key Allegro business practices, where there's smoke there's probably fire especially when I receive emails like this.

Dear Mr. Pekja -
As I have come to expect, there were some colors missing in this picture.

I spoke with Mr. Bohn regarding the meeting next week. Rather than us change the venue, he has agreed to conditionally allow you to access his property under these terms:
Present only during meeting. It is scheduled to start at 10:30am on Thursday, February 17, at Key Alegro Yacht Club. 2 of us have a 3 hour drive to make that morning, hopefully nothing will delay our arrival;
Leave property when we recess meeting for lunch (approx 12noon - 1pm). We will state the time we will exit recess so you know when to return;
No interruptions or disruptions during the Board meeting with any one at the establishment. This includes employees, guests, anyone there;
Leave property when Board meeting is adjourned. We plan to complete the agenda items before 3pm as Mr. Beall and I have a 3 hour drive to return home.

Kerry B Urbanowicz

NO Smoking

It's these things that concern me as the rental company's employees disregard for the safety of the HOA. The white container on the left washing machine is another ash trey as the same on the water heater in the common area between the concession and laundry. If the know knowing HOA blows off these conditions who is going to be held liable? The association as of date as been held in the dark as to the insurance policy where many have asked to review but no documentation has been presented, why. I'd like to know, as I'm placing the responsibly on the new rental company and Board to inquire as to why with a simple walk around these safety issues can not be abated ASAP.

False Statements

Here's Chris Crowley delivering a false statement to the Sheriffs department stating he owns the front office. I reported vandalism to my boat and front door; whereas, while in the shower I thought I heard a single loud knock at the front door and after morning coffee and breakfast I headed out for a day of fishing when I noticed syrup at the front entrance and all over my boat. I guess I was suppose to slip and trip on the mess. After contacting the sheriffs office Chris Crowley was asked several questions and his response was I was trying to shut down his rental office, and created an incident in his office; therefore, received a CTW (Criminal Trespass Warning) not to enter the front office. If that's true he ownes the front office he would be paying property taxes, insurance, and utilities but the documentation I have states differently. I did report the fact Chris Crowley was walking south on the N Fulton Beach Road just after exciting my condo and he was returned to the property in his wife's new car and then he drove off in a new ford truck parked at the front office.

2/14/2011

The Board Kontiki Phase II
2290 N. Fulton Beach Rd.
Rockport, TX 78382

Subject: List of topics for discussion

Dear Board:

Please find enclosed a list topics I would like to present to be discussed during the Board meeting on 2/17/2011 and if time doesn't permit I wish these items to be placed on the agenda of future Board meetings.

1. As per my 1/30/2011 emailed request for a brief statement 2010 audit won’t be conducted and where is the Board at in commencing 2009’s audit I agreed to pay for at the Nov 14th annual meeting.
2. As per my 1/30/2011 emailed documentation request when will these documents be made available?
3. If Key Allegro does not engage with my proposed lease agreement of my common elements I will ,therefore be asking the same conditions and price paid by the HOA.
4. Is Key Allegro engaging in illegal activities by renting two restricted properties only to be rented or sold to Low-income families?
5. The Crowleys were given amnesty at Phase 1 Nov 13th meeting, WHY and what for? Is phase II heading down the same path?
6. Is the Board confident HOA inventory in the storage building was adequately identified and removed prior to the buildings removal? I request to review all building material vendors’ detailed invoices for the last 2.5 years.
7. February 2011 front office alteration, why was it altered and for what purpose? Who gave written consent for the alteration and who paid for it?
8. Paying of bills not ours (security camera WIFI for Phase I)
9. Not Paying of Bills that are ours (Security Lights/ramp maintenance)
10. Commercial Laundry in Common element used by profit entity
11. NO review of bills by Board members: Charter Cable, AEP electric Bills, water bill (gas subsection)
12. Not informing the membership of Board enacted agreements; lift station, ramp access approval to Sail House although not enacted by Sail House, land swap,
13. Not providing yearly financial disclosure as required by the By Laws after the conclusion of the previous Fiscal year
14. GLO submission signed by other than Board members and not an employee of the HOA. What is being done to gain legal access to the super pier?
15. Removal of Lift station Electric Meter and Rerouting it to Clubhouse resulting in not proper or no billing of Sea Shell Shores for their part of the bill
16. No evidence of Sea Shell Shores reimbursement of lift station costs for 2 years
17. Lift Station agreement with Sail House not advantageous or equitable to the HOA
18. Not being aware of Breakwater repair issues/problems
19. Implementation of Bad Breakwater design (10 foot sections when 20 foot were the design)
20. Allowing an abandoned vehicle to be parked in the parking lot for one year until pointed out by letter
21. Allowing a for profit entity in a common element namely the coin operated laundry without HOA compensation
22. Allowing a for profit entity in a common element namely the snack machine without HOA compensation.
23. Allowing Super Pier construction that enriches/enhances other than HOA member property
24. No maintenance agreement of Super Pier with owner of property that fronts the pier
25. Using HOA funds to improve boat ramp owned by non HOA member
26. Not providing oversight to the Managing Agent
27. No evidence of project management plans for major projects
28. No major project budget accountability
29. Allowing privately owned garage/storage shed used for primary storage for the rental group on common element land without compensation to the HOA as the HOA pays taxes on the land
30. Not placing a lien on Unit 321 for late dues and assessments resulting in over $3000.00 loss in income to the HOA
31. Allowing a person (Richard Ethridge) to register as the Registered Agent with the Secretary of State for the HOA as President of the HOA without having any position with the HOA—failure of the Board to notify the Secretary of State of such
32. Allowing inaccurate disclosure of HOA financial status on resale certifications (not annotating an audit was not available)

Sincerely,



Greg Pejka

Fishing Report

I launched at the Copano fishing pier today with intentions of reporting the catch of the day. It looked as if the Sheephead from 15 to 20" were hitting prior to noon under the bridge but it was take a number for the fishing spots. I moved down to several oyster reefs with a surface temperature of 49 just to see what it's going to take to make these areas productive. Naada catch but it did allow me to enter structure of the reefs for future fishing trips, they might not be there today but will be there sometime.

Not so fast, 2nd edition

If the party who recently pulled out of Phase II's rental pool didn't know the business had passed hands, who did know? I didn't know but have an email stating Key Ellegro was going to present an offer. It appeared to all who attended the election meeting knew, and possibly all of Nancy Jacobs proxies. Was a list divulging the vote at the Nov 14th exposed to the new owners of unit 111, the new management company, and now new Board targeting propaganda and votes ? It wouldn't surprised me with the money involved, but until these issues are looked into I can't comment. Please be advised under the disclosure rules any and all communication from any of the previous and current board to all parties/owners will be requested.

Another P O owner

It appears another of Phase II's rental pool bailed and hired a different property management company. After being blown off at Brenda's office for his inquiries and after the front office wrote down the dates his unit was rented in Nov and Dec but the next day stated his unit wasn't rented during the period in question. The owner distinctly remembers having to change his arrival date for the annual Nov 14th meeting because the front office said his unit was rented. He wasn't even made aware the on site rental company had changed hands. I've heard these rumors before, where the owner paid over $120 electric bill when the unit was only rented for one day, even to the point of installing cameras, and selling.

Another day of sun means another day on the water, see ya all later. Greg unit 121

Fishing report

Did a little scouting trip today and stumbled on many winter Texans limiting on Reds, most were heading back to their vehicles within a few hours. Of course I took my favourite plastic and NO shrimp, yep you guess it they were biting on dead shrimp. Even the person in a Kayak said he was here yesterday and couldn't get a bite on shrimp but yesterday's catch was on a white twister tail. A day late and dollar short what else is new, but I may add he did paddle over and and drop off some shrimp only after he limited out. I did manage 6 with 2 keepers being released.

Tight Lines Greg Unit 121

Leaking water line

Phase II encountered a broken water line on the south end around 4:00 pm yesterday that effected the hole building. Not much of a leak but they had one person digging and the remaining 5 smoking and joking, wonder how much the bill will be. One of the labors stated some one from Key Allergo was also coming but Rob was already briefly there. As I inquired to licensed contractors the person smoking the cigarette and continues to service the overflowing lift station stated he wasn't licensed. Maybe we need some one licensed to fix it rather than putting a band aid on it. How much is this costing????

1099s and rental checks

Today one of our Phase II Kontiki Beach Management/Key Allegro rental pool inquired as to the due dates of 1099's and Nov and Dec rental checks for 2010 at Brenda's office; whereas, the office stated they had until 2-28-2011 to distribute 1099's and where very busy, but would look into the questioned rental checks.

Please be advised according to IRS regs 1099 copy B is to be received prior to Jan 31,201 by recipients. The due date is to be extended to February 15,2012, if the payer is reporting payments in boxes 8 or 14 which does not apply.

Rumor has it 2010 financials for Nov and Dec aren't done as well, I'm not so sure her office knows what numbers to report knowing of the impending audit. I've already spread Kontiki's financials from 2004 to Oct 2010; therefore, I already suspect the questions the audit may produce . As stated before one of my major concerns is of some $37,000.00 which may have been over paid to Phase I, not many would have caught this unless they had reviewed both sets of minutes of several owner meetings.

Tight Lines

Greg unit 121

Checks in the mail

Talked with some Phase I & II owners as their rental checks for Nov & Dec have not been received along with 1099's for 2010. If this situation has happened to you please contact Brenda P McElwee CPA, 125 N. Wheeler Ave, Aransas Pass, TX 78336 Phone: 361-758-1745. Good Luck, as many have encountered evading questions.

I've been allowed to attend the BOARD meeting

My position at the BOARD meeting will be to argue a fair price of the use of every one's common elements a position I would expect from the BOARD but since the BOARD comprises of owners of the rental company a fair price for the use of these common areas will not be attained. As a non participant of the rental pool wouldn't you like a check from the rental company for the additional water expense, ware and tear on common areas, fishing pier expenses, and break water? Then again why are we only dealing with the purchasers of unit 111 Key Allergo has the BOARD with owners of the new rental company explored other vendors willing to pay a fair price for our assets without By-Law changes and the like or have we been force fed a line of bull which will be remembered as another BOARD looking after self interest possibly committing gross negligence? I believe the argument of what should be charged by any rental company should be based on a gross of all business run through the front office; therefore, the rent I expect for our common areas is reasonable. The BOARDS position is to charge for a square footage, why, they know any rental company won't derive all it's income from Phase II, so why not include compensation for the additional use of common elements, equipment, and utilities for the additional use of common elements and equipment of actual business being conducted? I just want to compare apples to apples and arrive at a fair price. Therefore, all owners of the HOA benefit from the revenue generated through our office which will include rental pool and non-rental pool owners.

1099's

It's tax time again and I'm just finishing up my return but waiting on the 1099 from Kontiki Beach Management. I did hear another rumor the Tax ID number they used in 2009 was being bumped up to Austin for further investigation. I don't know what that means in Texas but it doesn't sound good. When my lawyer receives KBM's tax returns for the last 3 years I'll be looking into it then. That's only if and when KBM's lawyer produces these documents as they have already done some foot dragging; whereas, they were 14 days late as of 1/31/2011 even after a 10 day extension and I haven't received a call the documents have arrived. That right there doesn't sound good in any state!!!!!!!! I wonder why no one has ever asked who I work for?

Email to Karry

I'm not sure why Brett Bohn called this morning restricting my attendance to February's 17th Board meeting? I would think the more anyone tries to silence and detoured my proven facts the more the association will be questioning the board's reasonable fiduciary duties to entertain any and all concerns. The board and association has been made aware of the treatment of the low-income properties and questionable activities of the previous board. I think for a fresh start and in the best interest of the association we should put all the cards on the table and get this HOA going in the right direction vs continual legal crap which doesn't move us forward to a viable HOA governing it's self and using it's assets to our best advantage and will eventually increase all of our property values whether or not participating in the rental pool. I propose an informative solution to the rental company using all owner's common elements as I have processed many Small Business Loans and can assists in arriving at a fair price for the use thereof; therefore, eliminating many questions of questionable activity. I forgot to mention my past employment also includes president and chief negotiator for local negotiations in MN for the APWU . l don't give up my barging chips easily and wish to do the same for Kontiki Phase II owners.

I'm just wondering, I'm 57 now and would some one with 10 or 15 years my senior handle all this crap?

See ya at the board meeting,

Greg

Board Meeting

I had an interesting phone call this morning with Brett

Bohn the new owners of the rental company where he informed me I was not to set foot on any

of his properties. Not even at Key Allergo's Yacht Club where the Board meeting is to take place. I just wonder when he's finally going to realize I'm not going to be silenced or intimidated, and the sooner he admits he got snookered when purchasing the rental company the better. See Ya at the meeting!