December 22, 2011 @ 10:06 PM
I would like to discuss with owners an issue that continues to this day to be a point of confusion and keeps coming up time and time again in different situations. Specifically the responsibilities between the HOA (Home Owners Association) which is a sole and separate organization and that of Dolphin Beach Rental Company, which is a privately owned company.
Dolphin Beach has a contract to rent space from us to do business at Las Palmas. Dolphin Beach Rental does not answer to the HOA, nor does the HOA answer to Dolphin. Both organizations work closely together on a daily basis to keep our Resort running smoothly.
With that being said, if an owner has an issue that needs attention and it relates to the rental of their unit, this must be addressed with Dolphin Beach management. The HOA does not control or tell Dolphin what to do. Dolphin does not control or tell the HOA what to do. Dolphin has their own employees and the HOA has 18 employees of its own that work for the HOA, not Dolphin.
Every owner that has signed an agreement or contract with Dolphin needs to contact that office whenever there is an issue pertaining to their area of responsibility (not the HOA). If you have a problem that is the HOA responsibility, then you need to contact our Comptroller at the Resort, Osvaldo Beltran in the HOA office.
If a situation arises that you are unsure of who to contact then either ask Dolphin or Osvaldo and you will be guided as to who handles what. The rental, cleaning, repairs, etc of a Condo or Villa in the rental pool is for the most part a Dolphin responsibility. If there is an issue with the common infrastructure area like pools, clubhouse, computers in the clubhouse, parking lots, elevators, etc, this would be the HOA responsibility.
The builder warranties on our property have now expired. If you have damage, repairs, or special projects you want to have fixed the HOA does not have a problem with any owner hiring a member of the HOA staff to make the repairs during their days off, after hours, or lunch times. You must negotiate a personal price with that person and handle it amopngsst ourselves. The HOA is in no way responsible for workmanship, craftsmanship or damage caused by someone you hired or contracted with. We do not guarantee the work performed by any HOA employee you hired outside the scope of their regular duties.
If the problem is a common area issue or an infrastructure problem the HOA will take care of this for you. This is what your HOA fees include. Certain projects like the laundry drain program is an item that we as a board felt the HOA should undertake. As a result, the Board approved funds for this project at no cost to the owners (assuming we can get access to your Condo or Villa to install the drain). The reason the Board moved forward with the drain program was due to numerous water heaters getting old and bursting, causing extensive flooding damage to condos below and to the infrastructure of the building.
I would also like to add that the HOA holds owners responsible for maintaining their condos and villas. Dolphin is not responsible for this maintenance. Example: earlier this year several Villa garage doors were identified that needed to be painted. The garage doors are the owners responsibility. If there are owners that asked Dolphin to have their garage doors painted because they were in the rental pool, that is fine.
However, when Dolphin or the owner did not get them painted in a timely manner then the Board instructed our manager to get them painted and we would have the owners billed for the paint and labor to complete this. (If you will look at your Project Documents Article 7 at section 7.4, you will see the authority to have this done).
Actually the Project Documents only require the board to give an owner 14 days to fix the problem. In our recent case of the garage door painting we sent out our first email to our manager from the board on 18 April 2011. We gave the owners until November to have the problem garage doors painted. When this didn't happen we had them painted and the owners billed. Owners were given 7 months to fix this problem not 14 days. It is unfortunate that a few were upset and complained about their doors being painted and being billed to much for the job.
The board is always available to answer questions, discuss problems, work out any and all issues with owners. Please just ask!!
It is the Board's responsibility to be pro-active on behalf of all owners when we request something that needs to be done and allow ample time for it to be completed. If an owner does not respond to our request, then we must initiate the project ourselves.
Please contact us and communicate with us. We need everyone's input to help make Las Palmas the best Resort possible. Please be sure that you direct your questions and problems to the correct location so they can be handled properly. There is a form on this website for you to submit your request in writing, and it will be routed to the correct contact person.
I look forward to seeing everyone at our annual meeting on Saturday, 21 Jan 2012. We had a good year in 2011 and I'm looking for an even better year in 2012. Thank You for taking the time to read this message.
Happy Holidays everyone!
Bruce L Turner
Board Member
Las Palmas HOA

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