Sales Information for Lakewood Cove
Lakewood Cove is the name for the 70 new townhomes being built between Tivoli Court and Lake Worth Rd at the Lake Worth gate.
According to the builder (Lennar), they will be selling in the $400’s.
Link to the Lennar brochure with pictures and floor plans:https://online.flippingbook.com/view/510441362/
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Some pictures of the construction as of Nov 2022
Then there is Paul Hagerty, the Paul Bunyan of Tivoli Court. Apparently Peter Hagerty decided that three tree on Concert Golf property were dead trees. He called Concert Golf and asked them to do something about the dead trees. Concert Golf didn’t move fast enough for Peter, so he decided to cut the trees down himself. Security was called by a well meaning resident and a security incident report was written up. Were the trees dead or dormant, no one will ever know, why you ask, because Peter Hagerty took the evidence (the trees) and threw them over the white fence of the apartment complex behind Tivoli Court. The legend of Paul Bunyan lives in thru Peter Hagerty.
Well-meaning resident it not your property so why do you care. IM ON PETERS SIDE WHY IS IT OUR BOARD MEMBERS BUSSINESS to control what goes in concert property. ARE you TELLING us RESSIDENTS (BOARD MEMBER JOHN) NOW YOU WANT TO CONTROL CONCERT GOLF property.
I REMBER A BOARD MEETING WE HAD AT TIVOLI AND I REMBER YOUR WORDS ——- WE DONT GO BY STATE LAWS WE GO BY TIVOLI LAWS. The reason I Rember so well is because everyone laughed at your statement. We go by TIVOIL LAWS IM STILL LAUGHING.
Paul, great point — amazing how the board suddenly discovered its deep love for “saving plants” when it comes to dead trees on Concert property. Yet somehow, that same passion didn’t stop them from ripping out beautiful, blooming bushes in Tivoli. Touching, really.
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Anyone with half a clue about plants could see those trees were dead, not “dormant.” Spoiler alert: the identical trees right next to them are still standing there, just as dead — two years and counting. Meanwhile, the bougainvillea bushes you tore out in Tivoli? Yep, those were actually alive and thriving. Brilliant landscaping strategy.
Lowell
The board will never let you be a board member. You can talk nice stuff all day long. There not going to let you be a board member.
I believe you would make a great improvement to the board if you were allowed to be a board member. They have boxed you out for years.
Lowell should run for the board. All he has to do is add him name during the general election in November and have the residents vote for him. The board cannot remove any member of the board only the membership can remove a board member.
Hey Witness, funny you mad about Peter words to Susan. Why you ignore how Susan own husband said many nasty words to female neighbor, she even had to get help from Florida COURT? Why he never got cease and desist?
Also when Susan got up in a board meeting yelling at another woman, board just sit there, nothing.
There is a difference which you may or may not understand. In One case you have a resident complaining about another resident, in the case Of the resident you referred to, they requested a restraining Order which the court declined to issue and case was dismissed. The BODs
Does not involve itself in resident’s personal issues.
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In the second case you have a resident berating a board member and in this case the BODs requested a Cease and Desist and it issued from the Association’s attorney, which cost the Association $$$.
I hope that you will run for the board in the next election, you are the type of resident
The Association needs.
Everyone,
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Reasonably, it is best to resolve infighting and then focus on major changes facing the Fountains Community that will have significant implications by the Residential Development of Parcel E and Parcel A.
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Respectfully, to unify a group with opposing viewpoints, it is best to shift the focus from the areas of disagreement to shared goals and mutual understanding. Rather than forcing agreement on contentious issues, create a safe environment for open communication, build trust, and emphasize the collective purpose that benefits everyone.
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Begin with common interests like:
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Increase Property Values
Enhance living experience
Insure Association Security – neighborhood watch
Erase negative Association stigmas
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Focusing on what unites the group, rather than what divides it, is a powerful starting point.
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It is also important to recognize that not every situation can be fully resolved. In some cases, divisions may be too deep-seated or ideological to reconcile. The best possible outcome may simply be a managed disagreement where both sides can coexist and agree to respect each other’s opinions, even if they never fully agree.
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Best wishes!
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The Fountains Reporter
Health Tips from Pursuant Health Care
3 Small Ways to Promote Healthy Aging
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September is Healthy Aging Month, the perfect time to focus on small, meaningful changes that can support your health and well-being for years to come. Beyond the basics of eating well and staying active, here are three unique tips you might not expect.
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Train Your Balance, Not Just Your Muscles
Strength is important, but balance is just as critical as we age. Simple exercises like standing on one leg while brushing your teeth or practicing heel-to-toe walking can improve stability, reduce fall risk, and keep you moving with confidence.
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Keep Learning New Skills
Challenging your brain with something completely new—like learning a musical instrument, practicing a new language, or taking up dance—strengthens cognitive function and builds new neural connections. Staying mentally flexible is just as valuable as physical flexibility.
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Nurture Social Connections Like You Do Your Health
Loneliness can affect blood pressure, immune function, and memory. Make it a habit to schedule regular calls, walks, or coffee dates with friends and family. Even brief, meaningful interactions can protect your health as much as diet and exercise.
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Be safe!!!
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The Fountains Reporter
Fountains Community
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Today fall officially begins in the Northern Hemisphere
When does fall start? All about the 2025 autumnal equinox
From cooler temps to fall foliage, there’s plenty to be excited about for the start of fall — but what does the autumnal equinox actually mean?
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What is the autumnal equinox?
The autumnal equinox marks the start of autumn in the Northern Hemisphere.
The Earth travels around the sun at an angle, and for most of the year, the Earth’s axis is tilted either toward or away from the sun. That means the sun’s warmth and light fall unequally on the northern and southern halves of the planet.
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When the Northern Hemisphere is tilted toward the sun, that’s called the summer solstice. This marks the first day of summer in the North and the first day of winter in the South. 180 days later, when the Southern Hemisphere is tilted toward the sun, it is called the winter solstice. This marks the first day of winter in the North and the first day of summer in the South.
The halfway points between these solstices are the autumnal and vernal equinoxes. The word equinox comes from two Latin words meaning equal and night. That’s because on the equinox, day and night last almost the same amount of time — though one may get a few extra minutes, depending on where you are on the planet. This provides approximately 12 hours of day, followed by 12 hours of night.
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This year, there’s a bonus for some: Antarctica, New Zealand and a sliver of Australia may be able to see a partial lunar eclipse during their Monday.
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The Fountains Reporter
Apparently, the secret to strengthening the Fountains community is health tips and equinox updates. Who knew? Good thing TikTok and Facebook aren’t already drowning in that kind of content. Next up: recipes and maybe a horoscope.
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Meanwhile, the roads in the north are still a disaster. For years, FCO has been trying to get Concert to hand them over. You’d think at some point they’d call an engineer, get a real estimate, and figure out what “fixing” actually means. Resurfacing? Widening? Moving the gates? Or is the plan just to wait until the potholes expand into swimming pools and call it an “amenity”?
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It’s been two years. This isn’t brain surgery. Maybe someone should try “learning how to get a road repair estimates” as their next “new skill” – before putting the liability on the community for owning them.
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And on the subject of “social connections” —how about encouraging Tivoli and other residents to share their experiences and struggles in the Fountains community instead of trying to stop them? That might actually improve people’s lives a bit more than reposting platitudes.
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It’s always easy to sit on the fence.
The view from the fence
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Thank you for replying to the most recent light-hearted posts by the Fountains Reporter targeted specifically at the majority demographics of the Fountains Community and suggesting other future topics.
This reporter found a wonderful recipe for crow, so enjoy.
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Your questions, comments and suggestions have all been voiced both in Association Meetings and the Fountains Resident Network Blog.
Goodness! Where have you been?
Apparently, you have not been a regular subscriber of the Blog nor have you spent any meaningful time at FCO Inc. meetings, FSPOA meetings or your own Associations meetings.
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Your snarky remarks don’t contribute one thing to “Healing the FRACTURED Fountains Community.
However, while you supporting the establishment of an overarching Property Owners Association will be the most efficient and least costly solution.
This has been years in the making but perceived loss of “influence” over the Community has kept the FCO Inc. perpetual leadership from adopting this solution.
Crazy, when the same group will be by all accounts still running the Fountains Property Owners Association “FPOA”.
You are quick to point out less qualifications than a brain surgeon is needed to Project Manage Capital Projects.
So Step-up!
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Putting aside a limited “View From Then Fence “,
the leadership of Coalition 932, eight (8) Fountains Associations who contracted with GRS Community Management Inc., after leaving the FCO Inc., has been the only group that has been able to unify and get quantifiable results.
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The Coalition is also exempt from any FCO Inc. “Cooperative Agreement “associated with the residential Development of Parcel E, yet owners remains subject to the negative impacts that will affect the overall community.
I understand they will not go quietly into the night.
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Should this update report contain errors, omissions or misrepresentation, they are unintentional and request that corrections be likewise posted on the Fountains Residents Network Blog by those interested parties
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More News to Follow.
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The Fountains Reporter
Where have I been? Observing the circus. FCO meetings are full of talk, suggestions, blustering, and arguing — but no real action. What’s the point of showing up just to watch the same small group run things into the ground, just like they did with the original Club that ended in bankruptcy?
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Cute recipes and jokes don’t fill potholes. They don’t fix governance failures. They accomplish nothing beyond distraction.
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As for the grand dream of an “overarching POA” — that’s a legal pipe dream, not a practical plan. Maybe instead of chasing fantasies, the focus should be on smaller, concrete goals that actually improve people’s daily lives. Like lowering HOA fees, or helping neighbors with their individual struggles.
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Who said the community even wants to be “unified”? What most people want is to be left alone. Fixing the roads in the North, the gate in the South and helping with various issues in individual courts would help the community more than vague talk about SPOA, FCO, or coalitions or platitudes.
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Maybe the next “new skill” to learn isn’t writing horoscopes, but how to create a petition/lawsuit to make Concert fix the roads they own instead of arguing who should be getting them for free and HOPING that FCO or SPOA will eventually fix them from the money Concert MAY pay them in 6 or 7 years.
Thank you, Fountains Reporter, and View From The Fence. (“VFTF”), and Resident Jack for stimulating Public Discourse.
FOUNTAINS REPORTER I UNDERSTAND THAT YOU ARE REPORTING “NEWS”, NOT CREATING IT.
“VFTF”, I find it difficult to discern how your positions are integrated.
Individually good points to argue but, I feel, you are all over the map.
First, how about jettisoning the snarky attitude. Paraphrasing the Fountains Reporter, it contributes nothing, although I can appreciate your frustration, which is duly noted.
Resident Jack. Respectfully, Confirming facts helps build credibility.
Here is my takeaway:
• Nothing can be accomplished working with the FCO Inc. based upon years of dysfunction which has only added to the misery of the Associations subject to being “held hostage” for “Property Management Services.”
Good Point.
However, “Coalition 932”- Leadership sets aside inherent conflicts and engaged a professional Community Management, For-Profit Company, severing a dependency that was fostered by fears of losing Bar Code Vehicle Access, Group Insurance Discounts and Security.
FCO Inc. Countered by verbally agreeing to provide Bar Code Access and Security at the same cost as they charge FCO Inc. eleven (11) Member Associations, to the EIGHT (8) 932 Coalition Associations avoiding insolvency should the coalition stop paying those fees, and then litigate.
FCO Inc. also contracted with For -Profit, FCO Management LLC. (May 2024) to Adopt Professional Community Services Management.
• Basically, the same leadership group of the FCO Inc. lead the Equity membership FCC to the brink of bankruptcy.
Good Point.
• FCC BOD Scares membership into agreeing to sell property assets, then entering into a secret distressed Purchase and Sale Agreement.
Concert Golf Partners, then only months later sells “Parcel A “for an amount that would have satisfied all the FCC Not-For-Profit Country Clubs debts.
“2019”, Was the beginning, of the end, of the once distinguished Fountains Gated Community.
Like you, “VFTF”, the jury is out on the appetite of the Fountains Community to take further steps to reunite especially with the relocation of FCC “Club House” and Golf Operations to the repurposed Sports Complex compound.
Still it is distasteful to many property owners, that the FCO Inc. seeks to acquire FCC assets (huge liabilities) and trade individual property owners’ rights for “Potential” & subject to Commercially Reasonable Conditions, for future cash payments to them, for their exclusive use.
My personal understanding was that a significant number of the eight (8) Associations that have left FCO Inc. PM, had a favorable opinion of being a part of an overarching Property Owners Association, epically when dealing with the implications of the remaining residential development of Parcel A (subsidiary of GL) and Parcel E (CGP /Ridgewood Joint Venture)
That is all for the moment.
Be well,
Richard B. Ward, Property-owner Rights Advocate
I agree with the View: why should we even consider taking over these roads and repairing them “someday” in the future instead of demanding that the current owner fix them first? Taking on this liability with completely unknown costs makes no sense.
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FCO has had nearly two years to get a professional road estimate from an engineer and still hasn’t done it?! And now we’re supposed to trust them to manage a major *** multi-million dollar road project? Their track record says otherwise.
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Remember the North gatehouse project? The costs nearly doubled, ending up at around $400,000—far above the original estimate. If they couldn’t control costs on a relatively small project like that, why should we gamble our money and our community’s future on their ability to handle something far bigger?
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Residents need to speak up now. Let’s insist that the owner fix the roads and bring both the roads and all the gates into full compliance with Palm Beach County codes—especially given the anticipated increase in traffic from the new construction—before we even consider taking them over. Otherwise, we’re walking blind into a financial trap, and we could be saddled with a massive bill and no guarantee of quality work.
Resident Jack
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The actual cost of the North Gate may never be known as a request for a forensic audit was rejected by the FCO Inc. Leadership.
Both the “reserve funds” and FCO Inc. annual operational funds were combined to complete the project.
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One reliable source close to the project estimated that the actual cost exceeded $ 600 k. The approved budget was $ 400k.
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The FSPOA had obtained a proposal for just milling and resurfacing of the South Roads that exceeded the reserve funding ($ 225k) two years ago by $ 150k.
PBC Codes for roads only apply to new development or roads they accept for maintenance.
Concert milling and resurfacing their roads prior to turning them deeding them to the FCO Inc. was a big sticking point when considering the “Cooperative” Agreement negotiated by the FCO Inc. leadership at the last meeting.
Engineering Study, Scope of Service, improved road storm water draining, Bidding Process, Project management are all additional costs that would be facing the FCO Inc.
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Fountains Historian
Fountains Historian, good information and good points about the scope and all the additional costs. Maybe you also remember how long it took FCO to do that? Not only was it way over budget, but apparently it took way too long!
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Has anybody ever even inquired:
1. Why does FCO want to own the roads? What is the benefit of owning a depreciating asset and increasing liability for all of us?
2. Has FCO done a cost/benefit analysis?
3. Why Concert Golf has been contributing ZERO for anything for years while enjoying all the benefits?
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FCO clearly is not equipped to deal with big projects. Meanwhile, Ridgewood/Concert has this ability—they can fix the roads and then give them to us.
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Even small projects, like the fountains by the North Gate, are a very expensive mess. They leak water and require endless repairs—almost every day, maintenance workers are fishing out debris there, which is highly inefficient. The kicker is: we don’t even own them!
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Another “small” project almost got voted in by the FCO—$100,000 to spend on replacing the gate arms. This seems like a large amount to spend on something that is not a significant issue. Were there three bids? Was a cost analysis provided?
In reply to Resident Jack
Resident Jack
Thanks, once again, for your inquiries.
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The FCO Inc. has never been known for getting funded and board approved projects done, much less on time.
Pointing out specific elapsed times spent on each project is meaningless; however, the projects themselves are another matter.
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Let’s look at the Ten (10) year “Master Property Management Agreement,” 2011 to 2021, the original being amended repeatedly to incorporate “new categories of PM services,” requiring the member associations to once again sign-off on the amended agreements.
FCO Inc. website documents will confirm.
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Examination of the specifics of the agreements, and Fla. Attorney legal review, has alleged Breach of “Contract” by the FCO INC.
• North Roads owned by FCC (Equity Membership & Concert) “cold planning or milling”, Tack Coating, Base material repairs, Asphalt Installation, “pavement marking”, speed bumps, etc., having collecting sufficient road reserve funds to do so by 2017. Then halting association assessments.
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• Ditto for the South Roads owned by the FSPOA”.
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• Jog Road Security Gate Replacement by 2019.The Jog Road Gate was to be the first Security Gated entrance to be upgraded using reserve funds collected from member association assessments.
• The FCO Inc. changed the priority because on multiple issues with the Lake Worth Gate, i.e. mold in the building, Septic system, etc. etc.
• Multiple delays forced extended closures and placing stress on other access points by diverting the vehicular traffic.
• Never Completed damaged FSPOA Common property Sidewalk repairs.
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WHY NOW?
The FCO Inc., since 1973 has never owned community property even though statutorily as a not-for-profit it has been permitted to do so from day one. Founders knew best!
Simply, “informal” mission creep from its “Purpose” Property Management, stipulated in the Articles of Incorporation, coupled with contracting with FCO Management LLC. preceded a slow undetected transition to Community Services Management (new Agreements) mirroring functions associated with what of a Property Owners Association.
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No practical reason for owning the north Roads. Plenty of reasons not to own a liability.
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Owning the North Security Gate would however prevent CGP from removing the structure at will (Per Brian Elliot, Senior V.:P. CGP) leaving the community exposed to public vehicular traffic. I suspect a veiled threat for rejecting Parcel E 356 residential development units Cooperative Agreement?
Accessible FCO Inc. records do not indicate that the FCO Inc. has ever done a formal cost benefit on anything.
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Concert indirectly contributes to Fountains Security via ownership of Condo Units they own in Plaza Court, i.e. Fountains Hall A.K.A. Poulette Hall, and the entire building housing the FCO Inc. offices et al.
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Concert is best equipped, in every way, to deal with the north roads they own.
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Next the road reserve funds for the north roads, held by the FCO Inc.?
Should these funds be returned proportionately to the nine north associations?
Should funds assessed to not-for-profits be used to improve roads owned by an unrelated for-profit-corporation?
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FCO Inc. provided Security has long been antiquated,
State of the art security systems have been introduced but previously ignored by leadership.
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The initial cost of modernization pays off in ROI.
Elimination of security personnel (man hours) enhanced traffic control, security data collection & storage, communication with law authorities, etc. are life safety benefits.
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The FCO Inc. to my knowledge has no published formal purchasing and procedures polices.
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The Historian
The Fountains Community –
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Introduction:
In Reporting Fountains Community News, extra effort is made to ensure that information is being provided by reliable sources, claims made are supported by documentation, consider motivations, (“why is it being reported”), and those subject to the news are asked to respond should clarification be needed using the Fountains Residents Network Blog, being the only open communication platform available to the Community.
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Previously reported, FCO Inc. has experienced “Mission Creep”, i.e. Moving beyond the constraints of the Not-for-Profit Corporations Articles of Incorporation “Stated Purpose”.
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“TO BE OR NOT TO BE, THAT IS THE QUESTION”
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Reportedly, unnoticed by many Member Associations leadership, this slow transformation is now complete.
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Following is a portion of what one reliable source has memorialized, subsequent to the introduction of the FCO Inc. Ten-year Master Property Management Agreement. In 2011.
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“Apparently, the Purpose of the FCO Inc., as provided for in its Articles of Incorporation, has experienced mission creep, so much so it now believes itself to be a not for profit Community Service Management Company versus a not for profit Property Management Company (1973-2024).
This transition has most recently been accelerated and completed by the contracting of FCO Management LLC., May 2024, who has introduced FCO Inc. “Community Service Management” Marketing Materials and New Community Service Management Agreements. These agreements have now been executed by twelve Fountains Associations.
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But! Are these agreements legally binding?
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Herein lies the conundrum!
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The Purpose of the FCO Inc. is clearly stated in its 1973 Articles of Incorporation.
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Legal sources confirm that the FCO Inc., a Non-for-Profit Association, can change its Purpose (mission) from “Property Management Services” to “Community Services Management,” but it must follow specific legal processes to do so.
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However, it is alleged that the FCO Inc. has not followed Florida statutes to change its “Purpose” contained within its Articles of Incorporation.
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In order to provide “Community Services Management”, it requires Amending its Articles of Incorporation, updating its bylaws, and notifying relevant State and Federal agencies.
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The change from Property Management to Community Services Management is a significant shift in purpose. It’s not a trivial change, and understanding the differences is necessary before entering a contract. The results of such a change will have lasting and unanticipated consequences on each contracted Association.
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Regardless of changing the Articles of Incorporation & By Laws, a not-for-profit Community Service Management Company, in Florida, cannot levy or assess charges directly on Parties of the Community Service Management Agreement.
This remains the case under provisions of the 1973 FCO Inc. Articles of Incorporation i.e. Purpose, Provide Property Management, and Governing documents.
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The authority to approve and levy assessments rests solely with the contracted association’s Boards of Directors. A Community Services Management Company acts as a hired third-party agent to assist the boards, but it does not have the legal authority to assess.
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In Florida, the procedure for amending the articles is governed by state statute § 617.1002.
Caution! Significantly Changing a Purpose includes additional risk exposure and cost.”…………….
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I.nformation made available to the Fountains Reporter also includes the essential process of changing Article of Incorporation and specific insurance risk exposure and cost implications.
Decision time for the FCO Inc.
• Do nothing and become subject to the unsavory consequences.
• Revert back to Property Management and Property Management Agreements, as provided in the Articles of Incorporation.
• Amend the Articles of Incorporation to become a not-for-profit Community Services Management Company.
• Provide Property Management Services while attempting to establishing the Fountains Property Owners Association (“FPOA”).
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Decision time for the FSPOA, Inc.
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• Reconstitute the FSPOA to fulfill its Purpose as provided for under its Governing Documents as amended from time to time.
• Recover and manage reserves held by the FCO Inc.
• Reinstate Assessments to meet shortfalls in funding Community-owned road improvements and South Security Gate Improvements
• Establish Committee of “Qualified Individuals” to negotiate an Agreement with Concert Golf Partners LLC. to mitigate Impacts of relocation of Country Club and Golf Operations to the Sports Complex
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Note: Breach of fiduciary duty: A nonprofit board of directors has a “duty of obedience” to ensure the organization adheres to its mission and purpose. Deviating significantly from this mission could expose the directors to legal liability.
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Should this update report contain errors, omissions or misrepresentation, they are unintentional and request that corrections be likewise posted on the Fountains Residents Network Blog by those interested parties.
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More News to Follow.
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The Fountains Reporter
Fountain Associations
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Confidential reliable sources have indicated that should the FCO Inc. elect to stay the course of providing Community Services Management, by surrendering significant control to contracted FCO Management LLC. (Brian Flores ED/CAM), it will necessitate changing the Articles of Incorporation and Governing Documents.
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Unlike the “FSPOA” (largest Member Association, 509, in the Fountains of Palm Beach) being unceremoniously stripped of its Governance requirements contained in its Master Declaration, Articles of Incorporation and Governing Documents in a smoked filled back room in 1989, Florida statutes require legal processes to alter a Not-for-profits Purpose (mission).
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Changing Articles of Incorporation Purpose Process:
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Changing Purpose as provided for in a Not-for Profits Articles of Incorporation require the following:
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Step 1: Secure board approval
The first step is to obtain formal approval from the board of directors.
• Prepare a proposal: Outline the reasons for the mission change, how the new mission aligns with the organization’s new purpose, and the potential impact.
• Hold a board meeting: Call a meeting to discuss and formally vote on the proposed changes. The meeting must follow the procedures for notice and quorum as outlined in the association’s bylaws.
• Document the decision: Record the resolution and the vote in the meeting minutes for the association’s official records.
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Step 2: Amend the Articles of Incorporation
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A significant mission change requires a formal amendment to the Articles of Incorporation.
• Draft the amendment: Create an “Articles of Amendment” document that specifically revises the mission or purpose clause in the original articles.
• Follow Florida law: In Florida, the procedure for amending the articles is governed by state statute § 617.1002.
• File with the state: Submit the executed Articles of Amendment to the Florida Department of State, Division of Corporations, along with the required filing fee.
Step 3: Update the bylaws
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While changes to bylaws don’t need to be filed with the state, they must be updated to reflect the new mission and approved by the board. The bylaws should govern how the organization will operate under its new mission.
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Step 4: Notify the IRS
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The association must report the change in its purpose to the Internal Revenue Service (IRS).
• File with Form 990: When you file the association’s annual Form 990, you must disclose the significant change in the mission.
• Provide details: In Schedule O of the Form 990, provide a statement explaining the change in your mission and purpose. This is required to maintain the association’s non-profit status.
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Step 5: Inform stakeholders
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To maintain transparency and trust, communicate the mission change to all relevant parties.
• Notify members: Explain the rationale behind the change and how it will enhance the association’s purpose. This is particularly important noting the FCO Inc. depends on membership for funding annual operational and CAPEX expenses.
• Update public materials: Ensure the new mission is consistently reflected on the website, newsletters, and other marketing materials.
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Should this update report contain errors, omissions or misrepresentation, they are unintentional and request that corrections be likewise posted on the Fountains Residents Network Blog by those interested parties.
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More news to follow
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The Fountains Reporter
Potential Consequences uncovered for Failure of FCO Inc. to Act
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Legal sources indicate that when a not-for-profit corporation operates outside the scope of its defined
purpose, it is committing an ultra vires act, which means “beyond the powers”.
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State-level penalties
Nonprofit corporations are formed under state law, and state attorneys general can take an action when an organization acts outside its purpose.
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State attorney general enforcement: State attorneys general are the primary regulators of nonprofit organizations within their states. They are responsible for ensuring that assets are used for their stated purpose and that directors and officers fulfill their fiduciary duties.
A state attorney general can take an action against a nonprofit operating outside its purpose.
• Forcing compliance: A lawsuit can be initiated to compel the organization to return to its stated mission.
• Recovering misused profits: The attorney general may sue to recover any profits that were improperly received by the corporation or its officers and directors. (FCO Inc. has collected fees for services from unrelated for-profit-companies contrary to its Articles of Inc.)
• Dissolving the corporation: For severe violations, the state can petition a court to dissolve the corporation.
• Removing directors: The attorney general has the power to seek the removal of a nonprofit’s board members or officers.
• Lawsuits by the attorney general: The state attorney general’s office has the power to file a lawsuit to enjoin or dissolve a nonprofit that is conducting unauthorized business.
• Dissolution: In the most extreme cases, a state can force the corporation to dissolve for violating state law or failing to operate for its intended purpose.
• Monetary fines: States can impose financial penalties for certain acts of non-compliance.
• Personal liability for directors and officers: When a board authorizes or knowingly allows ultra vires acts, individual directors and officers can be held personally liable for the consequences.
• Breach of fiduciary duty: Directors and officers have a duty of obedience to the corporation’s governing documents. Acting outside the scope of the articles of incorporation is a breach of this duty.
• Piercing the corporate veil: In egregious cases, such as fraud or co-mingling of funds, a court may “pierce the corporate veil,” which removes the limited liability protection normally afforded to directors. This can make them personally responsible for the organization’s debts and liabilities.
• Actions from other stakeholders: Voting members, or even disaffected board members, can bring a derivative suit on the corporation’s behalf to stop a harmful ultra vires activity. Interested parties may also have grounds to sue if funds were solicited for a purpose different from how they were actually used.
• Penalties for directors and officers: Corporate directors and officers have a fiduciary duty to act in the best interests of the corporation and in accordance with its governing documents. By allowing the corporation to operate outside its stated purpose, they can breach this duty and face personal liability.
• Breach of fiduciary duty: Board members can be sued personally for failing to follow the corporation’s articles of incorporation.
• Invalidation of contracts: Contracts entered into by a nonprofit for activities outside its stated purpose can be deemed ultra vires and potentially invalid or voidable and this doctrine retains most relevance for nonprofits.
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Sherlock
Sherlock
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Wonderful detection but sorry to say that you failed to recognize risk factors and associated ongoing costs of transitioning to a not-for-profit Community Services Management Company.
The FCO Inc. Association BOD, is forewarned of possible pending fate.
Changing FCO Inc. Articles of Incorporation Purpose also comes with additional risk exposure and increased recurring cost.
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How does this mission change affect the association’s insurance?
A change in Purpose from “Property Management Services” to “Community Services Management” significantly affects an Association’s insurance, requiring a full review and update of all policies.
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The new Purpose (mission) alters the organization’s risk profile, shifting its focus to broader governance of an entire community. Failure to update policies can lead to critical gaps in coverage, potentially leaving the association unprotected from lawsuits and other liabilities.
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Key insurance policy impacts: Directors and Officers (D&O) liability insurance Increased D&O exposure:
A Community Management Association is more exposed to liability claims than a Property Management Company. A Property Management Company’s D&O policy typically covers the actions of its employees, and actions of the Board members themselves.
However, the FCO Inc. has contracted with FCO Management LLC., a separately insured, for-profit-company, which complicates matters when acting as a Property Management Company or Community Services Management Company.
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Wider range of claims: Community Services Management involves making decisions that affect the entire community, increasing the risk of lawsuits from homeowners. These claims can arise from a wide range of issues, such as enforcing rules and covenants, collecting assessments, or handling of vendor contracts.
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Need for increased limits: Because the association’s liability increases, it must consider increasing its D&O policy limits to adequately cover potential legal defense costs and damages.
General liability insurance
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Coverage for common areas: Standard commercial general liability insurance for a property management company typically covers the properties it manages. After the Purpose (mission) change, the association’s policy must specifically cover the community’s common areas. This impact will be relevant should the FCO Inc. acquire Concert Golf Partners Assets specified in the Parcel E Cooperative Agreement.
Updated risk assessment: Insurers will need a new risk assessment that accounts for the common areas and amenities. New liabilities that must be covered.
Property insurance:
Coverage of common property: The association’s property insurance policy must be updated to cover all common property, such as buildings/roofs, gates, structures (light poles, road signage, directional signage, storm water collection and distribution systems, road damage, sink holes, etc.) The replacement cost of this property will factor into the required coverage limit. Ditto RE; Impact GL Coverage.
• Potential need for additional funding:
In Florida, where insurance costs are high and coverage options have narrowed, A Not-for-Profit Community Service Management Company can face significant premiums. Boards must plan for this and need to increase operating Budgets to cover the higher cost.”
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FCO Inc., seek guidance from your insurance Broker
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“Good Luck”
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Insurance Guy
Insurance Guy
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Thank you for taking the time and effort by adding your voice and expertise to the conversation.
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This level of interest and contribution has been missing over many years, particularly in the area of Insurance.
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Hopefully past practices of the FCO Inc. acquiring insurance remain in the past and competition by insurance brokerage firms is introduced benefiting the membership associations.
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The Fountains Reporter
Fountains South Property Owners Association
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Why does the “FSPOA” 509 members need to “BEG” the Property Management Company, FCO Inc. for their own Reserve Funds, they entrusted to the “FCO”?
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The abject failure of the “FCO” to meet their contractual obligations for Capital Expenditure Projects or “CapEx”.
These are funds that are uses to acquire, upgrade, and maintain long-term physical assets, such as property, treatment plants, equipment, and technology.
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The Following e-mail to the FSPOA BOD, et al, has been provided to the Fountains Reporter.
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2025 FSPOA BOD, et al.
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The scheduled FCO Inc. meeting of October 15th, 2025, announcement includes an agenda item for discussion and adoption of the 2026 FCO Inc. annual budget.
I am unaware of any attempt by the FCO Inc. to comply with its requirement to include 2026 budgetary considerations for the “FSPOA” as is done for all other members.
This topic was broached with Brian Flores and Bernard Ciancanelli, President FCO Inc. in early December 2024, following negotiations associated with entering a New Three-year Property Management Agreement (2025-2027). This Agreement was fully executed by Representatives of the FSPOA and FCO Inc. (Doc available on FCO Inc. web site).
For the purpose of conforming to the process stipulated by the FCO Inc. December 2, 2024, any discussion or adoption of a Proposed 2026 FCO Inc. Budget must include appropriate budgetary funding for the “FS-POA”.
In order for the FSPOA to address its statutory reserve requirements, the Board must levy adequate membership assessments & begin assessment collections beginning in 2026.
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By May 2025, things apparently settled down with the FCO Inc., sufficiently for Brian Flores to entice the New President of the FSPOA, Roberta Monahan, to replace the three-year Property Management Agreement between the FCO Inc. and FSPOA and be replaced with a New Community Services Agreement.
However, strangely, neither Brian and Bernard broached preparation of a 2026 budget with Roberta or as I understand, other FSPOA Board Members. Inexplicably, Bernard, Treasurer of the “FSPOA” remained mute on the subject, i.e. See Paragraph 4 below, “June or July 2025.”
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FCO Inc. Stated Budget Process:
“From: Brian Flores
Date: December 2, 2024 at 10:05:35 AM EST
To: Richard Heyman POA
Cc: Bernie Ciancanelli 19
Subject: POA Management Agreement Proposal
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Richard,
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It was a pleasure meeting with you last week. Thank you for sharing your thoughts, concerns, and your vision for the POA with me.
As you requested, a copy of your proposal was hand delivered to the FCO President.
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After some discussion, the following is what was ascertained. The FCO would be interested in entertaining your proposal for the betterment of the South Fountains Community.
Unfortunately, the timing of this proposal is much too late at this time of the year for it to be considered and implemented, should a mutually beneficial agreement be reached.
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The POA’s proposal for a new management agreement that would address the needs specific to the POA, as presented, would require that the FCO budget be amended, as well as the budgets for all other courts, whose budgets as you know are contingent on the FCO budget. With most associations already having approved their budgets, and with elections starting in this month, the POA proposal would be an impossibility to consider right now.
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Please also keep in mind that, as you are also aware, the FCO office is undergoing a transformation of its infrastructure and policies to enhance our business model and bring affordable quality services to our client base. Had this proposal been brought to the attention of the FCO in June or July when budgets were being drafted, it may have been able to be considered for 2025. With that said, that doesn’t mean that it can’t be considered for 2026. I would suggest that once things have settled down after the transition from the courts leaving the FCO and the office has completed its transition, that a meeting of the POA and FCO be held to discuss the proposal in more detail.
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Please let me know your thoughts on this and we look forward to working with the POA.
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Brian Flores
Executive Directer, LCAM | CMCA
Fountains Condominium Operations, Inc.
4615 Fountains Drive, Suite B
Lake Worth, FL 33467 (561)964-3600 Ext 111″
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Fortunately, improvements over the last year, to the FCO Inc. Financial and Accounting systems can almost immediately accommodate any changes to Association Budgets and encompassing FCO Inc. Budget. Months reduced to just days.
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This being the case, in order for the FSPOA BOD to fulfill requirements of its Governing Documents, it is essential that the FSPOA Treasurer/Finance Committee prepare, Board approve and submit an operating and reserve assessment budget for 2026.
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I have taken the liberty of preparing a draft FSPOA 2026 Budget (excel Spread Sheet) that shifts previously assumed “South” operating expenses from the FCO Inc. back to the FSPOA.
Also included is a three-year Reserve Assessment for the replacement of the FSPOA Roads & Jog Road Security Gate supplementing the reserve funds currently held by the FCO Inc.
The draft budgeted amounts have been developed from 2023, 2024, and 2025 YTD assumed FCO Inc. “South” expenditures.
The FCO Inc. PM line item amount is a “WAG” and will require FCO Inc. quote.
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I will be pleased to share the draft Budget Spread Sheet, if requested by FSPOA.
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F.Y.I. Draft Order of Magnitude
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FSPOA 2026 Operating Budget $ 515,720.0
Reserves $ 52.00 P.M. X 36 months + Reserve Funds Held by FCO Inc.= $ 1,673,652.00
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Reserve + Operating = $ 153.32 P.M. (509 units)
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Respectfully,
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Richard B. Ward, FSPOA Member Advocate”
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Should this update report contain errors, omissions or misrepresentation, they are unintentional and request that corrections be likewise posted on the Fountains Residents Network Blog by those interested parties
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More News to Follow.
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The Fountains Reporter
Making a positive out of a negative. What a meeting at Tivoli CT. YESTERDAY. YOU HAD TO BE THERE TO UNDERSTAND. The only good thing that came out of the meeting was that Tivoli Board members used commons funds to plant 5 tiny saplings and used common funds to put sprinklers on Concert property.
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The residents of building 4120 thanks the board. Now they don’t have to look at dead trees and dried out grass. What a beautiful view out of our back windows. GREEN GRASS Beautiful lake and no dead trees.
Informed, FCO Inc. BOD Passes 2026 Budget minus CapEx Reserve on recommendation by Brian Flores, ED/LCAM
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Silence was the order of the day, as Flores rushed quickly through his presentation, slowing only to include footnotes on how using his past industry relationships to secure “Best Pricing” after soliciting bids employing the RFP process, followed by a series of negotiations.
Reductions in employee’, related salaries and benefits, instituted in 2025, were also cited as savings along with contracted payroll and accounting services.
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The most substantive question was about whether the FCO Inc. 2024 Financial Audit had been done. The question drew chuckles from the BOD, because as past Treasurer, he had sent the Audit report to the Board Members.
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Inexplicably Flores announced that the FCO Inc. did not include recommendations for funding the CapEx, reserves (South Roads and Jog Road Security Gate) although being aware that these reserves are substantially underfunded yesterday by an estimated $ 750,000-dollars, and collections had stop in 2017.
A disconnect from the FCO Inc. Executive Board agreeing in 2023 to reinstate reserve requirements in the 2024 FCO Inc. Budget which, again never materialized.
Understandably, CapEx funding for the North Roads, owned by CGP since, 2019, was excluded, however unspent reserve funding, for these roads, remain commingled in FCO Inc. Certificates of Deposits.
No challenge has yet to surface as to the ultimate disposition of these monies back to the originally assessed contributors.
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The 932-coalition walked away satisfied with a $ 4.00 dollar increase to fees for road maintenance and security being the same 2026 fee for all FCO Inc. Member Associations.
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FSPOA walked away with knowing that the maintenance department, should time be available, will complete the sidewalk repairs started in 2023. Should they be engaged in completing Fire Department violation repairs, funds have been budgeted for outside contractors to address the repairs.
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Hotwire services can continue after December 31st 2025, but as individual service contracts with participating Associations, regardless of who they use for Property Management.
All Associations contracting with Hotwire will enjoy the first month service free with those monies being made available to the Association for discretionary spending.
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The Budget was passed unanimously, by those members present.
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The Jog Road Security Gate Structure Improvement Committee delivered a comprehensive presentation.
Following questions and discussions the BOD authorized the project to proceed.
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Should you have any questions contact your BOD and/or:
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Brian Flores, brian@fcocondo.com
Executive Director, LCAM | CMCA
Fountains Condominium Operations, Inc.
4615 Fountains Drive, Suite B
Lake Worth, FL 33467 (561)964-3600 Ext 111
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Should this update report contain errors, omissions or misrepresentation, they are unintentional and request that corrections be likewise posted on the Fountains Residents Network Blog by those interested parties
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The Fountains Reporter
The Fountains Reporter, Subscribers
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Any discussion on increased insurance costs and risk factors if the FCO Inc. is currently or intends to operate as Community Services Management Company, as part of the FCO Inc. 2026 Budget Presentation?
Was the Cooperative Agreement for Parcel E addressed under old business, i.e. Insurance Liabilities, etc?
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Insurance Guy
Insurance Guy
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Reliable sources confirm that no discussion took place related to increases in insurance costs during the meeting.
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The same sources also indicate that Brian Flores, ED/LCAM FCO Inc. has confirmed that the FCO Inc. is operating under 12 Community Service Management Agreements which includes the FSPOA, giving the Manager (Brian Flores, A.K.A., FCO Management LLC.) sole discretion in providing Essential Community Services, “ECS”.
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No discussion about the residential development of “Parcel E” or the Cooperative Agreement with Concert where transfer of property, i.e. building, structures, roads, etc., to the FCO Inc. would have increased ongoing insurance premiums.
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Should this update report contain errors, omissions or misrepresentation, they are unintentional and request that corrections be likewise posted on the Fountains Residents Network Blog by those interested parties
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The Fountains Reporter
John, Regarding the meeting in Tivoli, I’d like to add only one thing for now.
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Our condominium documents allow up to 7 board members, but we currently have 5 serving.
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A quorum means the minimum number of board members who must be present to legally conduct business or vote on association matters. The quorum is based on the number of seats currently filled, not the total number allowed.
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So, since there are 5 current board members, the quorum is a majority of those 5 — that means 3 board members must be present to hold a valid meeting and make decisions.
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At the last board meeting, Dennis incorrectly explained that the quorum depends on how many seats the board could have, but in fact, it depends on how many board members are currently serving. So there is no need or no legitimate reason to waste money to reduce the number of board seats from 7 to 5 as this does not affect current quorum.
In today’s environment, people will say anything without proof or justification in the statements they make.
Yelena Sennett’s recent statement is exactly that. Tivoli’s President Dennis during Tivoli’s recent board meeting explained exactly how a quorum works. Tivoli’s bylaws state it is a 7-member board regardless of how many seats/position are filled and to have a viable quorum at least 4-members must be present. The quorum is NOT based on the number of members present (as indicate by Yelena) it is based on the fact that it is a 7-member board. If the quorum were based on the number of members present, and if only One Member were present that One Member of the board could conduct business by themselves, that is simply NOT the case.
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Per Tivoli’s bylaws
Section 9 Quorum At all meeting of the Board of Directors, a majority of the Director shall constitute a quorum for the transaction of business, and the acts of the Board of Directors. If at any meeting of the Board of Directors, there be less than a quorum present, the majority of those present may adjourn the meeting from time to time. At each adjourned meeting, any business that might have been transacted at the meeting, as originally called, may be transacted without further notice. The joinder of a Director in the action of a meeting by signing and concurring in the Minutes thereof, shall constitute the presence of such Director for the purposes of determining a quorum
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Will Yelena now admit she was providing bad information? Don’t hold your breath.
The bylaws say: *********“A majority of the Directors shall constitute a quorum.”********
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That means A MAJORITY OF THE DIRECTORS CURRENTLY SERVING, not the total number of seats that could exist. If 7 are allowed, but only 5 directors are serving, a majority is 3. That’s the quorum — plain and simple.
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If the bylaws meant the quorum was based on 7 seats no matter what, it would say “a majority of the total number of directors authorized” or “a majority of the full board.” It doesn’t say that.
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This is consistent with Florida condominium law and standard parliamentary interpretation. Under Robert’s Rules, a quorum is typically a majority of the members currently serving unless otherwise specified.
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So again, reducing the number of allowed board seats from 7 to 5 changes nothing about quorum — it’s still based on A MAJORITY OF THE DIRECTORS CURRENTLY SERVING.
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************* 7 seats allowed, 5 board members exist – quorum is 3
************* 5 seats allowed, 5 board members exist – quorum is 3
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In fact, many associations in the FCO can have 9 board members — do you think they always make decisions with 5 present? NO! Because it’s based on A MAJORITY OF THE DIRECTORS CURRENTLY SERVING, not allowed.
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And while you’re at it, go look at Tivoli’s own old minutes — they clearly state on multiple occasions that a quorum was met with 3 directors present when 5 or 4 were serving. LOL.
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Will you and Dennis ” now admit you were providing bad information”? `
Eye On Tivoli,
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Care to comment?
He said, she said, they said
Is there a 3rd party attorney in the house?
Obviously someone is correct but who?
TAKE A BREAK
EVEN A TRAIN STOPS ONCE IN A WHILE
THIS IS INSANE
STOP[ ALREADY YOU ARE ONLY HURTING YOURSELF WITH ALL THE NEGATIVITY.
WHAT DO YOU THINK YOU CAN ACCOMPLISH BESIDES EVERYONE DISLIKING YOU?
Yelena Sennett recently received a letter from Tivoli Court’s Attorney helping her to understand what a quorum means under Tivoli Court’s By-Laws, stating to her that “…your interpretation of the By-Laws and Florida Statures regarding quorum requirements is incorrect.”
The attorney when into great lengths to help Yelena’s understanding. Now whether she cares to believe what attorney shared with her is of course of up her.
No matter how many lawyers tell her the truth she will never believe it because in her world Yelena Sennett is never ever wrong. Ever.
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Expect a 24 paragraph response from her filled with gibberish.
Addendum to FCO Inc. 2026 Budget Adoption Report
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Versailles Court confirms rejecting Parcel E Cooperative Agreement
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The October 15th FCO Inc. meeting was call to order by President Bernard Ciancanelli, when Scott Harris, V.P. FCO Inc. and as well as being President of Versailles Court, attempted to have previous FCO Inc. BOD meeting minutes reflect that Versailles BOD voted against the Agreement negotiated by Rodney Tennyson (FCO Inc. Attorney), Brian Flores (ED/LCAM FCO Inc.,) and Bernard Ciancanelli, President FCO Inc.
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Immediately, Brian Flores responded, that this meeting was being conducted under “Roberts Rules” so he was out of order. Harris quietly,uncharacteristically, withdrew, apparently to try another day.
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Can the FCO Inc. three person negotiating team (only one having a vested interest) be keeping the Agreement on Life Support to claim the “Cash Prize” for influencing community opinion?
Deadlines by Concert and pushes from the FCO for the Agreement to be Approved have come and gone.
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More News To Follow.
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Should this update report contain errors, omissions or misrepresentation, they are unintentional and request that corrections be likewise posted on the Fountains Residents Network Blog by those interested parties
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The Fountains Reporter
Reply to THE FOUNTAINS REPORTER-ADDENDUM …
Re: the October 15th FCO Board Meeting.
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It is now obvious that Brian Flores is now in control of every FCO Board Meeting. Bernie sits quietly by. As you observed, Scott Harris immediately acquiesced after being verbally castigated by Flores. The 9/10/2025 Board Minutes were accepted despite the fact that Brian Flores did NOT include the full names and titles of the two Ridgewood Real Estate Partners who were noted on the 9/10/25 AGENDA as “Concert Fountains Agreement w/FCO-discussion with a representative from the developer, Ridgewood Real Estate Partners.”
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This means that there will be no record of these two gentlemen’s identities ever being known. A very glaring omission is the fact that Bryan Elliott, VP of Operations at Concert Golf Partners, was on the Zoom call. Bryan Elliott intervened when the Ridgewood representatives failed to answer attendees’ questions properly.
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Second … the vote on changing Security companies was illegal as this topic was NOT on the AGENDA. Ben Geller also failed to mention that the company they voted to hire, Weiser Security Services, is also the same company who will be installing the speeding cameras. We were led to believe it was a separate and independent company. The majority voted to hire Weiser (4 voted NO). There have since been some questions raised about Weiser’s activities at other communities. As this topic was not on the 10/15/25 AGENDA, the vote must be retaken since all 19 Associations, who share in the road and security expenses, must have a say.
Fountains Resident A
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Very much appreciate another informed source confirming details of the FCO Inc. BOD meeting on October 15th, 2025.
From this Reporters perspective, your points are well-made and most importantly, is the fact that under the Community Services Management Agreements, Brian Flores, ED/LCAM, has unbridled latitude and power over the Member Associations, as demonstrated at the meetings, personal interactions and behind closed doors.
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Owners have depended on their Boards to protect their interests who have let them down by not fully appreciating the rights they signed away for the next three-years by extension, to FCO Management LLC. (A Flores Company)
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The subject of Community Wide Security is definitely one that has “Legs” with the Property Owners and residents.
I will rely on your reporting of the FCO Inc. Security Committee and concerns repeatedly voiced for years within the Community to report at a later date.
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Very disturbing, was the Flores report on his purchasing practices.
Unilaterally seeking proposals, bids and providing his recommendations, lacking formal Purchasing Policies and Procedures, that includes bid evaluation, is subject to scrutiny by a not for profit BOD.
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Openly admitting that he alone has direct contact with bidders before after bids were received, regardless of stated good intentions to drive costs down, opens the BOD to legal risk and service providers from proposing in the future, i.e. we are just being used.
Previous Flores business relationships should be limited identifying sources and to his evaluation of performance.
A scope of Work is the basis for “Apples to Apples” comparisons of services.
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Procurement Services are available and as cost effective as payroll and accounting that are currently used by the FCO Inc.
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Should this update report contain errors, omissions or misrepresentation, they are unintentional and request that corrections be likewise posted on the Fountains Residents Network Blog by those interested parties
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More News to Follow.
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The Fountains Reporter
Every condo board can ask their lawyer, so president Dennis could check this quorum info before mixing up all the people and posts here. He reads this blog, he could put out correct truth, but instead of say sorry he’s wrong, he quit as president.
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They WASTE to much time and MONEY on this junk, buying trees some place, removing tree somewhere, putting traffic bumps, then removing them, putting pool fence, then removing !!! but in Tivoli still have no budget meeting and don’t know how much fees go up.
Thank the lord DENNIS HAS STEPPED DOWN FROM BEING A BOARD president AT THE Tivoli ct. From day one he has been a pain in the YOU know WHAT to most residents. All the NEGATIVE stories you have heard about condo board members Dennis is the prime example.
Susan who lives in Tivoli court did not write this. This is probably written by the same person who has been causing alot of trouble in the court. We may not always agree with the board but residents have to know that Dennis has worked very hard for Tivoli court and is still on the board.
All this negative posting has to stop.
Who ever posted this why don’t you put your name.
Laurie Etter Tivoli resident
Whom ever wrote Let the truth out (oh we all wonder who it is) LOL
Just remember the last President made many more mistakes and cost this court 10 times the amount of money Dennis did.
The past president created all the problems we are currently facing, and may never fully recover from. Oh be careful when you walk if it’s wet, oh watch the paint peel off the building, oh we are not a gated community because someone wanted a view and had the fence stop so it wouldn’t obstruct their view, oh the past Pres. can plant whatever where ever they, want, oh constantly complaining to authorities about every silly little thing, oh leave the FCO what a mess. Thank you past Pres.
One word of advice.
G R O W U P YOU HAVE TO LIVE HERE STOP MAKING ENEMIES
Fountains Condominium Operations Inc. once again is obligated to inform the entire Community that the AT&T Security Guard Gatehouse phone services are down.
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“Fountains Residents,
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Please be advised that the Security Guardhouse phone lines are down. We are in communication with AT&T to try and resolve the issue as quickly as possible.
Unfortunately, guests may not be called in at this time.
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Thank you for your patience.”
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Now setting aside that the Security Gatehouse phone service interruptions have been a chronic problem for decades, unresolved by the FCO Operations Inc., Brian Flores, ED/LCAM, HAS BEEN ON THE JOB SINCE MAY 2024, i.e. FCO MANAGEMENT LLC. Nineteen months.
During this time frame, Brian has been able to redirect the FCO Inc. Purpose (defined in the Articles of Incorporation as Property Management) to Community Services Management without any formal statutory process, yet has not been able to address this phone line problem.
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Long-Term Solutions and Alternatives
Traditional analog phone lines (POTS) are an aging infrastructure and carriers are no longer legally required to maintain them with the same priority as in the past, making chronic issues common. Switching to a modern solution is often the best long-term fix.
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1. Upgrade to a Cellular Entry System
•How it works: These systems use cellular networks (like 4G/5G) for communication, similar to a cell phone, eliminating the need for a physical, wired phone line.
•Benefits: More reliable in many areas, often less expensive monthly than a dedicated business landline, and easier to install as no complex wiring is needed to the gate. Many systems are also solar-power compatible.
•Vendors: Companies like Cellgate and DoorKing offer cellular entry solutions. Existing landline systems can often be retrofitted with a cellular connection box to avoid replacing the entire gate system hardware.
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2. Implement a VoIP or Video Intercom System
•How it works: These systems use a reliable internet connection (Voice over IP) to send voice and, in the case of video intercoms, video data.
•Benefits: Offers enhanced features like video calling, remote management via smartphone apps, temporary visitor passes, and delivery PINs. They provide a modern access experience with greater security and convenience.
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Next Steps for the Community
1. Consult an access control expert: Have a professional assess your current system and property to recommend the best alternative technology.
2. Present options to the FCO Inc. Board: Outline the chronic problems, document the cost savings and reliability of new technologies, and propose a modern upgrade plan.
3. Plan the transition: Ensure any new system allows for a smooth transition and provides multiple access options to accommodate all residents, including those less comfortable with new technology.
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Should this update report contain errors, omissions or misrepresentation, they are unintentional and request that corrections be likewise posted on the Fountains Residents Network Blog by those interested parties
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More News to Follow
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The Fountains Reporter
Hi everyone I’m back until after Thanksgiving and will return before Christmas as I’ve been doing for the past 9 years.
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I noticed the other day a woman walking around in a costume or winter clothing, which I thought was a joke but when I inquired as to who it was and why she was taking pictures I got the following replies.
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One it’s our past President (unelected) who is causing nothing but problems for the residents of Tivoli Court. She is probably taking pictures to find some violations which she can blame on the Board or start a lawsuit with.
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Others thought that their prayers were answered and she is taking pictures to post in a real-estate add to sell her place.
Which ever it was she looked so out of place I thought I was in Alaska.(lol_)
After asking a few more people I realized that she is the main reason there is so much animosity in Tivoli Court.
What the people I asked actually said I could not write on this Blog, nor would I for it is so disgusting I couldn’t repeat it. Obviously she is not well liked or thought of.
Ofcourse I mentioned no names-againstBlog rules I think.
Tivoli board is so obsessed with Yelena, it’s creepy … they need to focus on fixing the elevator in 4120 instead. It’s out of work for over three weeks!!! Do your job Dennis and Susan. You had control of Tivoli for 3 years and all you did is increase our fees. .
Wow—I step away from the blog for a few days and come back to a full-blown fan club.
Ironically, the second I go quiet, they miss me the most. “Take a break!” they shout… while clearly not taking one themselves. The same folks urging me to “stop making enemies” sure spend a lot of energy keeping me company. I’m touched—truly.
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I’m honestly amazed by how much time some people invest thinking and talking about me (and apparently even my outfits). It’s flattering, in a strange way. I’m just relieved they haven’t moved on to my hair — though for the record, I’m doing it myself these days on Susan’s advice, saving up for those generous HOA increases they’re so graciously delivering to us all. Perhaps the focus should shift from me to keeping the fees low? NO? NO?
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I’ll try to address each fan in turn — if I have time. Wouldn’t want to play favorites… though I do have them.
Thankfully, the Tivoli Board abandoned its ill-advised plan to shrink our 7-seat Board to 5 — and stopped wasting our money defending the indefensible.
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I followed prior counsel’s advice and examples from other communities on how quorum is counted, but the current attorney interprets it differently — 4 out of 7, even with 2 seats vacant. That’s fine — it was never the main issue to begin with, because WE DIDN’T (AND DON’T) HAVE A QUORUM PROBLEM either way.
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Some have made personal remarks about me for raising these questions — claiming I “never believe the lawyers” or that I write “24-paragraph letters.” The truth is simpler: I read the law, ask questions when things don’t add up, and put it in writing so owners can see facts, not rumors. That’s called TRANSPARENCY — something this Board could use more of, given that Dennis has made multiple decisions without even discussing them at a Board meeting.
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I have no problem accepting the attorney’s updated interpretation of quorum. That point was only ever tangential — the Board tried to use it as an EXCUSE TO CONSOLIDATE POWER, reduce board from 7 to 5 members and limit owner participation by claiming we might have a quorum issue, which we simply do not.
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>>>>> The real question is: Why fix what isn’t broken? What is the real “hidden” agenda?
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******* We don’t have a problem getting a quorum—and haven’t for many years.
******* We have great participation: Last election, 8 candidates for 7 seats. This year: even more volunteers.
******* Cutting board from 7 to 5 makes quorum 3 and potentially lets JUST 2 PEOPLE DECIDE FOR EVERYONE. That’s less open and less fair.
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If that’s “gibberish,” maybe the issue is reading comprehension, not the written words.
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Thanks for staying informed, Yelena Sennett
If you have had enough of your condo Board harassing you, call Perez Mayoral, P.A.
They will help you sue HOAs for homeowners.
CALL 1-800-777-1305
http://www.yourHOAattorneys.com
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They are very informative and eager to help homeowners.
I do not understand why a person writes on the Fountains Blog and does not use their name..Can you block a blog being posted unless the writer discloses first name and last name.The President of the FCO should look into this . thank You Lowell Levine from the Bronx NY
Lowell, perhaps you forgot how you were kicked off the Board for disagreeing. Maybe you don’t mind getting yelled at over and over by different Board members — like when Dennis went off on you at the last meeting in front of everyone, like a Big Bad Wolf.
Maybe you’re used to that kind of public humiliation or have simply grown numb to it. But most people don’t want to be screamed at, singled out, or punished just for having an opinion. That’s why so many choose to stay anonymous — they don’t feel like being the next target.
They do not leave their full names because someone in the court will find a way to sue them, for mental harassment or defamation of character. for example current law suits.
Stan, it’s really simple — if you don’t harass people or spread defamatory nonsense, you’ll be perfectly fine. But if you keep repeating lies, then you’ll have to deal with whatever comes from that. What’s ironic is that no one was suing the Association until Dennis showed up, and now look at the mess — we may even see another lawsuit because of his behavior. Honestly, it’s a good thing he’s gone. They just quietly refunded a ridiculous fine to a resident to avoid yet another legal problem, which tells you everything.
Come on Lowell disclose their names. Did you see how the residents reacted last night at the TIVOLI BOARD COMEDY SHOW? A concerned RESIDENT called about some possible violations. That should have been taken CARE OF years ago. Now people at the board meeting want to know who called. The residents at the meeting yelling who called who called tell us their name.
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Why do we need to know who called? FIX THE PROBLEM.
Last night reminded me of the old Frankenstein movie where when vigilantes came with torches and clubs to get FRANKENSTEIN.
Another great meeting at Tivoli ct yesterday. We are so happy to have a new President. Susan ran the meeting so much better than Dennis. Nobody was yelling at residents until Dennis started screaming at Lowell like a lunatic. What is wrong with this guy? He left her a budget mess and now we have to redo everything. Dennis should have quit earlier.