Stanley L. Tetenman
55 Rockwood Lane
Poland, ME 04274
207-998-2767
Email:
September 21, 2015
Gerard Messina, Board President
Palm Aire Country Club
Condominium Association No. 2, Inc.
1280 S.W. 36th Avenue, Suite 305
Pompano Beach, FL 33069
Dear Mr. Messina,
My brother, Seymour Tetenman, owned unit 301 at 2650 S. Course Drive. He died on August 16, 2014. I am a co-executor of his trust.
At the end of October 2014 I came to Florida to prepare his unit for sale. I listed it with a real estate broker, Jonathan Keith. In April and July of this year we had contracts with qualified buyers. Both buyers were disapproved by the board very late in the process. Both buyers had difficulty in getting requested documents from the association. For the second buyer I was told by the association that I had to send $50 to get the documents expedited, which I did.
The first buyer was going to pay cash. The second buyer was approved for a conventional mortgage. The second buyer lived in another section of Palm Aire and was a building captain. She had never defaulted on her condo fees. She had sold her unit and asked if she could move furniture into the unit pending the closing. As co-executor of the trust, I gave her permission to do so. We were so sure that we would be closing that she had the electricity transferred to her name.
My understanding is that Mr. James Martin, the property manager, was there when they were ready to move in the furniture. He told her they had no right to do so and to cease and desist. He then placed yellow tape that is similar to police crime scene tape across the door and put up a note saying they were not welcome there. This was an irrational action on property that he did not own. He was rude and abusive to this lady.
The buyer’s agent sent me this information. “Mr. Martin yelled at the client "Maybe you should pay your bills on time" that day (apparently referring to a collection account from a hospital with which they were disputing a charge). He yelled that at her and embarrassed her in front of many that day... “
The agent also sent this to me: “I won't go near that condo assoc./area in Palm Aire... Definitely not worth the trouble... What a shame for the owners!”
I then called the association to request the names of the people who are on the sub-committee that makes the decision if a buyer is worthy of living there. I told the lady who answered the phone I just wanted the information and did not intend to contact the people.
I knew it was written in condo documents that buyers would be automatically disqualified if someone tried to contact any of the committee members. I also requested a copy of the written criteria of qualifies or disqualifies a buyer.
Within 10 minutes Mr. Martin called me. He told me he did not know the names. I requested that he look them up and send them to me. As an owner I believe I have the right to the information. He said he would do so, but never did.
I also asked him for the list of criteria that qualifies or disqualifies a buyer. He said there is no list. He told me they want the person to have good credit but could not give me a FICO score or other criteria that would satisfy him or the committee. The board wants to know the credit history of a buyer but he could not tell me how far back they go. Is it one year, five, ten, or twenty? He could or would not give an answer. He did say the association is concerned about making sure the buyer could pay the condo fees but could or would not supply how that is determined. He said there are so many variables they could not all be listed. I find it unbelievable and amazingly incompetent that an objective list is not in place. It makes the process completely subjective and open to discrimination and possible lawsuits that would be difficult to prove.
We finally had a buyer who was approved. I was told by the mortgage broker this person had one of the best credit ratings he has ever dealt with. Until the last day we were not sure if he would be approved. For some reason, Mr. Martin called the mortgage broker’s boss to complain about him. This was totally inappropriate.
Our broker, the brokers for the three buyers, our attorney in Florida, and the two mortgage brokers for the second and third buyers have all said they have never had such poor dealings with a condo association. At least one of the buyer brokers was told by other brokers in her office that they would not show units in PACC #2 because the board is so incompetent and has such a poor reputation.
More than one person has told me they believe buyers are turned down so the association can keep collecting fees for issuing documents. They also believe that buyers are turned down so board members or their friends can buy units at low prices when owners get desperate enough to sell at any price. Real estate and mortgage brokers have told me the $250 document fee is excessive compared with other associations. The buyer of the unit paid $50 to expedite the receipt of the documents and it still took 5 days for receipt.
Since I have started this journey of handling my brother’s estate, I have been told by friends in the area that PACC #2 has a horrible reputation because of the board and Mr. Martin. They have purposely told people to not buy there.
The action of turning down two previously qualified buyers has cost us a few thousand dollars in unnecessary expenses for attorney fees for preparation of documents, extra condo fees, electricity costs, real estate taxes, service contract for appliances and A/C, and insurance.
I would expect that you will be sharing this letter with your entire board. As you can see I have copied this to a number of people to make sure this complaint is made public including the Florida Department of Business and Professional Regulation.
Yours truly,
Stanley L. Tetenman, Co-Executor for the Seymour Tetenman Trust
c: Attorney Chris Gertz
Jonathan Keith
Tom Anthony
Norman Arnoff
Florida Department of Business and Professional Regulation