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
New Construction as seen between Tivoli Court buildings, construction is along Lake Worth Rd
Entrance next to Lk Worth Rd gate to 70 townhouses between Tivoli and Lk Worth road
Developer website for 375 new rentals along Jog, with their floor plans
70 New Townhouses along Lk Worth Rd
Right turn entrance off Lake Worth Rd into “Lakewood Cove, a Lennar community”. Tivoli Court buildings can be seen on the right, Lennar buildings on the left
The first new building going up on Jog Rd, south of the post office and behind The Townhouses
Saved Comments:
Flores is Preparing for another Career
Ciancanelli, and 7 South Presidents “Who is watching the Store?”
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It has been reported that on January 17, 2025,
Brian Flores, Owner of FCO Management LLC. has begun to include a Title as Realtor on all info@fcocondo.com announcements to the entire Fountains Community.
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Brian Flores
Executive Director, LCAM | CMCA | REALTOR
Fountains Condominium Operations, Inc.
4615 Fountains Drive, Suite B
Lake Worth, FL 33467
(561)964-3600 Ext 111
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Apparently, Flores has resurrected a past career with specific intentions beyond selling real estate.
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AND YES, a licensed real estate broker in Florida can provide Property Management Services.
Obsessed with believing that the FS-POA was seeking to assume Property Management for the Fountains, “continually denied by the FS-POA BOD verbally and in writing,” the FCO Inc. Executive Director, Licensed Cam, Registered Corporate Agent, and now Realtor is positioned to sweep the FCO aside after performing a minor miracle of staving off insolvency as Courts defect.
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Proof in hand, the Fountains Reporter has obtained a copy of the latest 2025 FCO Inc. Property Management Agreement sent to the FS-POA, voiding the one signed on January 19th, 2025, that should it be signed, the FS-POA will abdicate all responsibilities to, Guess Who, Brian Flores.
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Can this plan be thwarted by the FCO Inc. BOD?
It may be too late depending on the FCO Management LLC. contract.
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The 932 Coalition, once the FCO nemesis may be the only deterrent to the clandestine takeover happening before their eyes?
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The Fountains Reporter
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Note: A business entity Like FCO Management LLC. (Flores) with an active Florida filing or registration can serve as a registered agent for another company in Florida
What Could Have Been
-OR-
Could it Still Be
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“Literally” Resigned to the fact that the FCO Inc. and FCO Management LLC. has total control of written messaging to its remaining Property Management membership via info@fcocondo.com and recognizing that the Fountains Residents Network Blog is, in fact, the single most community read, open source of information, attracting even the ardent supporters of the FCO Inc. et al, to include the residential property developers of what was once a Private Country Club within the confines of a private and secure gated community the following Mutual Memorandum of Understanding “MMOU” is now being posted that was to be presented and discussed at the FCO Inc. Annual 2025 Meeting. The FS-POA reporting was removed from the agenda by the FCO Inc. President, thus no reporting and silenced to speak as a member of the FCO BOD.
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For reference only and no intention of self-promotion,
I have contributed treasure, and literally thousands of hours of Fountains volunteer service, over the last ten years, by personally interacting with Associations leadership, fellow volunteers, attending Board, Town Hall, meetings as well as Gatherings, get-togethers etc. etc., that have given me broad insight into the psyche of the Fountains Community and more importantly the silent majority’s ravenous appetite for change.
The newly constituted 932 coalition is representative of change while attracting interests of other Associations during the 2025 evaluation of the performance of the FCO Inc. under the guidance of FCO Management LLC.
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I was recently reminded by a friend about how I had expressed my desire to be an “Agent of Change”.
They asked why I felt I should be the conscious of the Community? My answer was instantaneously, “I just care for those who need help.”
My motivation remains consistent, even if having to expose wrongdoing by what has been defined as the controlling Fountains Cabal, to accomplish the unification of the Fountains Community.
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“FS POA” – “FCO”
Workshop Establishing
-A-
“Fountains Property Owners Association” Commission
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“FPOA-C”
POA FCO Report January 8, 2025
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Purpose:
The Commission is to be tasked with creating a Road Map for the express purpose of aligning the interests of all not-for-profit Condominium and Homeowners Associations within the confines of the original “Fountains Gated Community Boundaries”, i.e. The Fountains of Palm Beach County, Florida.
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This concept is not new and was introduced to the leadership of the FCO on February 26, 2021, by the President’s Committee on FCO Cost Sharing, to then FCO President, Dr. Benjamin Geller and FCO Executive Director Debbie Poulette.
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Following a comprehensive and in-depth historical examination by interested parties, of the FCO Governance and Operations, it was determined that since the formation of the Fountains Condominium Operations, Inc. in 1975, the root cause of significant dysfunction has been the inability to align interests of Member Associations forming a cohesive entity.
The Fountains Gated Community in 2025 is more fractured than ever before and stands on the precipice of costly and time-consuming litigation further dividing residents into factions that have the capability to chart a new course by acting independently.
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The Commissions Structure:
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Voting delegates appointed by each of the 20 current not-for-profit Associations in the community will constitute the body of the advisory Commission.
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Charge to the Commission
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The FS POA has the statutory capacity to become the overarching entity by embracing the precepts of its Governing Documents by Amendment thereto, i.e. The Master Declaration, dated April 19, 1983, then Mandated by Florida Statute, that the FSPOA to do “anything reasonably necessary to promote the health, safety, and welfare of the residents of the Fountains “South” and Articles of Incorporation requiring that the Association remain “active” in “perpetuity.”
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The FS-POA has been informally approached by “North Associations” about how to become affiliated.
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Targeting April 1, 2025, the FS- POA, employing the cooperation of the “10 South Associations,” will by Proxy gain the ability to change its Governing Documents to among other changes suggested in 2024, encompass the nine “North Associations” as part of the new POA, open the door to annexation of Parcel A, Parcel D and Parcel E as well as establishing an affiliate membership for Concert Golf Partners, LLC., a for-profit-corporation, being the largest single property owner within the Fountains Community.
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The POA has the ability to Acquire Real Property Assets, i.e. structures, roads, bridges, Security Entrance Gates, and assess membership for ongoing maintenance thereon.
With the potential of adding approximately 750 units to a cohesive POA even funding of Enhanced Security and Reserve will have a minimal impact on unit owners and FCC as members.
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The Commissions initial step will be to form a committee to take all steps essential to draft changes to the FS POA Governing Documents to achieve the formation of the overarching POA by April 1, 2025.
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Additional Committees will be formed during 2025, with specific assignments, i.e. Community Security, Communications, Government Relations, Event Planning, South Jog Road Gate, Melaleuca Gate enhancements, Community Management liaison, COBWRA Liaison etc., etc. as found being needed.
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A Not-for-Profit Association Leadership Committee will be formed to oversee the transformation and integration of the FCO Inc. into the Overarching POA.
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Prepared by:
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Richard B. Ward, V.P. FS-POA”
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End of Quote……….
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The Fountains Community has the ability to enter a new golden age should the residents demonstrate the will and commitment to require their leadership to do so.
Coalition 932, representing thousands of residents, has integrated the common interests of eight Associations to make changes beneficial to them. A lesson to be learned.
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I wish to thank the Fountains Residents Network for maintaining an open platform for concerned citizens to have their voices heard.
A special thanks to the Fountains Reporter for ongoing efforts to maintain relationships with reliable sources and delivering current news.
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Best wishes for a fruitful 2025!
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Richard B. Ward, Fountains Resident
Ever since Dennis got here, we’ve been facing constant increases in HOA fees, when will it end? He keeps blaming it on insurance, but insurance rates have not increased or have even gone down for two years. They passed an assessment last year for insurance that was unnecessary, and now another one?
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We also spent less last year than we had budgeted and generated $81,400.42 in income. On top of that, we have $191,041.57 in cash in our bank accounts as of year-end. Doesn’t that mean we collected more fees than necessary? So what’s going on? Why do we need yet another assessment so urgently?
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Why can’t we wait for the Florida Legislature to figure it out? We just had an increase just ONE month ago. Most other courts in The Fountains and surrounding areas are waiting and not implementing this reserves requirement yet.
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We don’t have any urgent projects—most everything has already been repaired and replaced just a few years ago. In addition to $191,041.57 in cash in our bank accounts, we have $134,971.59 in reserves! What’s the sudden rush to collect more money????
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Besides, why do we in Tivoli have to pay more into reserves when we ALL VOTED TO WAIVE THE RESERVES by proxies at the end of the year! just because Dennis thinks so? Is this even legal? I’m going to be calling Tallahassee to find out.
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He doesn’t even live here—he rents out his unit for income —so of course he doesn’t understand the financial concerns of ordinary residents.
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He told us about a month ago that we have a year to prepare for another increase! Did he lie? What has suddenly changed? Many residents are trying to sell and get out of here because they can’t afford it, but nothing is selling. Now he wants to make it even harder for us to sell!
“What’s going on in Tivoli Court “—February 4th written blog .. why doesn’t the resident who wrote the blog give their name so we know who wrote their thought and opinion ..
Lowell,
I happen to agree with the original poster. Many residents have also contacted me, and they are extremely upset about this yet another new increase. I’m speaking up now, but most residents are afraid of this board, as I’m sure you are fully aware. It bullies residents and retaliates. It happened to me, and it happened to you. You, Lowell, should know this firsthand—you were kicked off the board when you questioned them. Did they crush your spirit too?
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I also recall that Dennis promised to wait until next year to give residents time to prepare. He also refused to share the SIRs reserves report with residents for many months.
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So don’t deflect and look into this instead on behalf of Tivoli’s residents. Use your multiple connections in Tallahassee and ask them if this is legal to have reserves collection after the majority of shareholders voted against it (I don’t think so) and not share SIRs reports for months (45 days is the timeline?).
Lowell
In as much as you being a long time Tivoli Court resident that for years has bragged about you having financial expertise, why are you now ignoring the fiscal mismanagement of the current board? Residents have previously been attacked by present board members for speaking out and now use this blog to present the truth anonymously to make others aware of whats new.
Lowell
As someone who frequently claims to be proficient in understanding finances and a frequent meeting attendee, perhaps you could ask at the next meeting why a special guest attorney is attending the meeting and how much his attendance is going to cost Tivoli Court residents? How much does he charge per hour?
That is a handy way to deflect being questioned.
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Instead of attacking the resident, why don’t you go ahead and respond to the issues that are raised?
Below is an email that the Tivoli Board sent to all residents (spacing slightly altered for easier reading in the blog)
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“February 4, 2025
Re: Future Assessments & HOA Fees
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Dear Residents:
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After conferring with our Legal Counsel, we want to keep you informed of what potentially is facing our Association with regards to future assessments and HOA fees.
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The State of Florida has mandated that we fund our reserves adequately. For many years the Residents have voted not to fund the reserves.
We cannot pin our hopes on the Florida Legislature reserving their mandate regarding adequately funding reserves.
As of now, our reserves are severely inadequate for our future projected needs.
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Therefore, the Board; subject to Board approval, and as per our Legal Counsel recommendations; will begin implementing funding Reserves in May, 2025 on a monthly basis via an assessment. We are delaying an immediate implementation of funding reserves until May, 2025 to prepare and allow you to financially prepare for same. We hope that you can join us for the February, 2025 Board meeting where we can address any questions or concerns that you may have.
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Respectfully submitted,
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Tivoli Board of Directors”
After wasting thousands of dollars of residents money over more than the past two years on useless pool cameras, unnecessary landscaping expenses for removing beautiful 50 year old blooming bushes, spending unnecessary legal expenses for an review of a prior year that the residents voted to forego, plus unnecessary additional legal expenses.
Why can’t we wait for the pending legislation?
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How many other courts are taking this premature unnecessary action?
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In my opinion a midyear assessment is going to not only cause additional processing fees and resident confusion.
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Concerned Tivoli Residents
Has FCO Inc. reined in Brian Flores?
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This being Friday February 7, 2025, messages from info@fcocondo.com no longer contains Brian Flores title as “REALTOR”
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However. Is there a Fox in the Hen House?
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Brian Flores “Realtor” as FCO Executive Director and LCAM and Manager of FCO Management LLC, his company, has exclusive first-hand knowledge of any Fountains resident in arrears in Association that remain under property management with the FCO Inc.
Being aware that residents are in arrears, dealing with high assessments and seeking to sell their units, surely has its advantages.
It has been reported by reliable sources that Flores has approached property owners to purchase their units.
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A life line for a Resident or an Opportunistic move to Cash in on a bargain purchase with limited competition?
Apparently having a contract (FCO Management LLC.) with FCO Inc. allows Flores the latitude to profit from insider knowledge with impunity.
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Interestingly it has been reported that Flores also owns B FLORES INVESTMENTS LLC a Florida Limited Liability Company, Document Number L18000088081 FEI/EIN Number 82-5156594, State FL Status: “ACTIVE”
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Is Flores outsmarting the leadership of FCO Inc. once again?
Only time will tell.
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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
2024 “Traditional” RESERVE STUDY
FOR
The Fountains of Palm Beach Condo Association, Inc. No. 7
Building #: 4070 / 4080 / 4090 / 4100 / 4110 / 4120 / 4130 Tivoli Court, West Palm Beach, Florida 33467
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Has now been posted on the GRS website under Reports.
It is only 82 pages and not exactly easy to understand.
Bottom line. Its going to cost all residents a lot more money.
Not sure why it took so long to make this report available to all residents?
Perhaps there are other residents well versed in finances that can explain exactly what this report is going to cost each resident?
I believe this report has many issues that the board of directors of Tivoli needs to address. They said that they are working on it, so we shall see…
FCO Inc. President, The Sky Is Falling!!!
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Perceived need for PROTECTION from the FS-POA,
FCO Inc. rings the alarm bell and meets with Seven South Court Presidents and the FCO Inc. Attorney, spending Thousands on Legal fees.
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In reaction to the belief that the FS-POA entered a Community Management Agreement with GRS, as did three of the South courts Atriums, Milan No. 1 and Milan No. 2, FCO President calls an emergency meeting with the Seven remaining South Courts within the POA jurisdiction incurring $ 6,250.00-dollars in legal fees.
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Oh! No FCO Inc. Board Member, Executive Director, FCO Management LLC. CAM or representative of the 7 South Courts, ever bothered to call the President of the POA or any other POA Board member to confirm a Community Management Agreement.
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At the February 12th, 2025, FCO BOD meeting Its President railed on about the legal cost to the seven courts necessary to protect themselves. Nineteen hundred dollars alone charged to Oakmont. Note that all seven courts have budgeted for professional services in 2025, but unfortunately, an unnecessary expense that could have been avoided with a simple phone call.
When asked why no call, the FCO Inc. President smugly responded, yeah, really.
Then asked, protected whom from what, only a blank look and no answer.
The FCO Inc. Treasure, without being recognized, chimed in vehemently shouting, they sign an agreement with GRS.
The recently resigned V.P. of the POA, without being recognized, stood before the assemblage, and clarified that GRS and FS-POA did not have an agreement. This was confirmed via GRS e-mail to the FCO Inc. LCAM Flores. The FCO Inc. Treasurer immediately threatened to have the speaker removed, who then returned to his seat.
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The President also ridiculed the suggestion that the POA being invited to the meeting would have been a perfect time to talk about POA initiatives including a POA plan for unification of the community during 2025, i.e.
the Mutual Memorandum of Understanding “MMOU”.
Recall that the President removed the POA report from the FCO Inc. January, Annual Meeting Agenda.
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The resigned V.P. of the FS-POA was allowed to read into the record an e-mail from Brian Flores that was the cause of his resignation. The late Friday afternoon e-mail stated that if the POA did not sign off on the FCO Inc. Property Management Agreement by close of business that day, the Directors and Officers Insurance would be cancelled.
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Quid pro Quo, extortion for personal liability protection by voting for approval. Being exposed to personal liability and following POA Board Approval at the emergency meeting of the POA, Sunday January 19, 2025, resulted in the V.P. resignation.
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A number of statements made by FCO Inc. representative at the meeting have since been fact checked and found to be either misleading or false.
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The winds of change have begun to blow.
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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
What you should know about the FS-POA
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Good afternoon and Happy Chilly Friday!
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A subscriber and now contributor to the Fountains Residents Network Blog has provided this reporter with a copy of a letter that was sent to Oakmont Residents.
After reading, judge for yourself, how without oversight, such a few individuals can manipulate power entrusted to them for their own purposes.
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“By virtue of your ownership of property in Oakmont you are automatically one of 508 current members of the Fountains South Property Owners Association “FS-POA”.
Should the last vacant residential lot in Oakmont be built out, the number will be 509.
This being said, you are also proud owners of the Jog Road Security Gate Structure as well as Fountains Drive South, beginning at the south end of the bridge transversion the Lake Worth Drainage Canal, all of Fountains Circle including portions of San Marino Way and Parisian Way and common property deeded to the POA. So, you are a part owner of private roads and a manned Security Guard entrance and exit, from the Fountains Community, for FCC outside members, residents, guests, service providers, EMS and Police.
The POA provided the Request for Proposal and worked with the engineering firm to complete the South Gate traffic study in 2024. The study recommends adding an additional entry lane when the South Gate improvements are being done.
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The FS-POA Master Declaration and Governing Documents afford the FS-POA the ability to regulate the use of the common roads, common property and access to the Community.
The FS-POA now has two Management Companies serving the 10 associations under its jurisdiction. Three associations, 110 residential units, 22+% of the membership, have elected to contract with GRS Community Management while the remaining 7 Associations have contracted with FCO Inc., 398 residential units.
The BOD of the FS-POA was and is, faced with developing a working relationship with GRS in order to fulfill its mandate to do “Anything Reasonably Necessary to Promote, Common Health, Safety, or Welfare of the unit owners of the Fountains South”.
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FS-POA BOD, 2025 elections are currently underway and interviews are being conducted by the Nominating Committee in keeping with the By Laws, as in years past.
Efforts in 2024 to enhance this process and reflect changes in Florida Law disappointedly failed, lacking insufficient return of proxies.
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This year, however, the interviewees for the committees recommended five-person slate, include, I understand, all seven South Associations Presidents Contracted with the FCO Inc. for property Management. These individuals also serve on the BOD of the FCO Inc. Note that these 7 Associations are determining all future votes of the FCO Inc. Yes! Seven (7) Association Presidents will determine the Fountains Communities response to every critical issue. Should they influence the POA election and gain a majority of the five-member POA BOD, YES, three (3) individuals will then assume the ability to assess every South Association member by adopting a budget.
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The FCO Inc. has controlled the narrative via the use of info@fcocondo.com not even providing the POA its membership e-mail contact information, in a current usable distribution format.
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I have taken the liberty to e-mail you personally and hope you understand more about the POA, even at this late date. Sincere apologies to anyone objecting to receipt of this communication.
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Election of the FS-POA BOD will be determined by proxy. Before assigning your proxy to anyone, ask questions of them and those seeking the POA Board positions.
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· How will the POA use its Statutory empowerment to improve the Community?
· Will this proxy Insure Reserves held by the FCO Inc. will be dedicated exclusively to the FS-POA?
· Will this Proxy be used to enhance relations and gain concessions from the FCC?
· How will this proxy assist in the process of unification of the Fountains Community?
· How will a conflict of interest be addressed when individuals will have conflicting fiduciary responsibilities, i.e. FCO Inc., their Condo/HOA Association, and POA are at odds?
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Without answers to questions like these, forfeiting your Property Rights to anyone else may be a serious and costly error in judgement.
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My not standing for reelection to the POA in 2025, was to dedicate time to a proposed joint Commission in an effort to unify the Fountains Community under an overarching POA.
Without the benefit of presenting the Mutual Memorandum of Understanding” MMOU” at the FCO Inc. January meeting, detailing the process in 2025, my efforts will be directed elsewhere.
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Your neighbor.
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Respectfully!
Richard B. Ward
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
More news to follow…Not So Seamless Promised Transitions to GRS
The Fountains Reporter
More about what you should know about the relationship between the FS-POA, FCO Inc. and Oakmont HOA
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Subscribers should be aware that by e-mailing content to the Fountains Residents Network Blog Administrator, at
admin@fountainsnetwork.com, should you wish to provide content to this reporter, in a confidential environment. Note that all content on the Blog undergoes moderation prior to posting.
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Thank you once again to a subscriber for providing a second e-mail sent to the Residents of Oakmont from earlier today.
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“Neighbors,
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Good Monday afternoon!
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I am so pleased that the time and effort spent in putting together the Oakmont e-mail distribution list, is bearing fruit.
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Your responses are much appreciated and apparently many of you not being able to attend Oakmont Board meetings, and Zoom not being available, even when a meeting has been announced by repeated direct e-mail notifications as being very important, remain uninformed.
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I received the following responses. You may have been copied?
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“Richard thank you for the email you send out. This is the 1st time I receive such an email. Sounds like we have a few issues to resolve.”
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“Hi Richard, I sincerely thank you for your involvement in this matter. For me as a part-time resident, your comments are very helpful, as I have not yet delved into these legal matters.”
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The message is also getting out well beyond the confines of Oakmont, and yes, we have a few issues to resolve.
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But closer to home, Oakmont HOA has entered a multiyear Property Management Agreement with the FCO Inc. along with ten (10) other Fountains HOA/Condo Associations.
When the FS-POA joined the FCO Inc. in 1989, by “FIAT” , allocating all the expenses associated with the FS-POA operations would be shared among the Associations. The trade off, the POA automatically had a Board Seat, but would have no voting privilege, but afforded all other rights and privileges of the other member associations.
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A side note, you may be interested to know that The Oakmont HOA did not join the FCO Inc. until five years after formation.
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The FS-POA drafted a 2025 annual operating budget that was compiled from all operational expenses identified as “South” in the FCO Inc. 2023 Year End budget report, plus the annual % increases for 2024 & 2025. The total Budget including insurance, D&O and Liability, was projected to be approximately $ 560,000.00.
The FCO Inc. 2025 Budget Work Sheet, Page 10 of 13, however indicated $ 558,419.37 and was ultimately approved.
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This amount has in the past, and remains, incorporated in the FCO Inc. annual budget. The eleven (11) remaining Associations that includes Oakmont, will be funding the FS-POA. Oakmont’s portion of the “South Expenses” in the FCO Inc. 2025, budget is $ 78,914.37.
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Note: FS-POA independently would have employed best business practices by bidding service contracts, oversight of contracts, and negotiating purchases, significantly lowering the operational budgets for 2025 and beyond.
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The major point being that the expenses within the FS-POA jurisdiction need to be funded, one way or another.
Who determines how and when the funds are spent is the question? The FS-POA membership or a property management company?
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The FS-POA having its own annual budget, as required in the Governing Documents, can best control operating expenses tailored to the needs of the membership, as does each of the 10 Courts acting independently within the POA Jurisdiction.
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Reductions in operating costs can then be applied to funding reserves which have not been addressed since 2017.
The FCO Inc. Executive Committee after meeting with the FS-POA BOD, 2023, and being informed that the “South” reserve funds were insufficient, agreed to include recommendations for Associations to assess their courts in 2024. After the 2024 Budget materials were provided to the member associations no funding requirements for reserves were included. When asked why, the POA was told that the associations had significant assessments for 2024 and beyond, so no additional reserve funding requests would be added for the Roads and Gate.
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FS-POA Road Milling and Resurfacing and Jog Gate Replacement Reserves have been placed in Certificates of Deposit in the Name of the FCO Inc. who has intermingled them with other funds totaling more than one million dollars.
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The FCO Inc. 2024 Treasurer had indicated that any interest accumulated on the CD’s WILL BE APPLIED TO OPERATIONAL COSTS at their discretion.
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Are the CD Funds being designated by the FCO Inc. Promotional Materials as ” $1M+ In Reserves HELPING COMMUNITIES BE PREPARED BEFORE DISASTER STRIKES.”?
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Have a Wonderful, Safe, and Healthy week!
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Respectfully,
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Richard B. Ward”
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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
The Fountains Reporter
The Tivoli Board emailed all residents the following:
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This is a friendly reminder that you are not to keep your hurricane shutters closed. This is a fire safety issue and would put you in noncompliance with Palm Beach County. The only time your shutters can be closed is in the event we are in the path of a hurricane. Please ensure, if your shutters are currently closed, that you open them as soon as possible.
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Can anyone explain which statute or regulation this pertains to “noncompliance with Palm Beach County”, or is the Tivoli Board once again overstepping its authority?
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Lowell, what does Tallahassee think?
A political Junta? A political coup d’état?
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Being a subscriber and seeing that some of my letters to Oakmont Residents have been seen as valuable enough to be made available on the Blog, I thought it reasonable to post my most recent letter.
Responses within the Oakmont and the Fountains Community have been very encouraging and heart felt.
Thank those of you for your support.
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“Good afternoon neighbors,
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By answering our neighbors’ questions, being a directly interested party, I believe that those of you that normally entrust others with protecting your property ownership rights, need to become engaged at moments critical to your life experiences in the Fountains.
In earlier communications I have tried to caution anyone assigning their rights by proxy to limit the scope of our vote to specific issues, i.e. establishing a quorum, cast vote for proposed slate, etc.
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Returning to the subject.
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The FS-POA, by hand delivered Memorandum to Brian Flores, FCO LCAM, on August 29, 2024, clearly advised the FCO Inc. that the FSPOA BOD had taken no action that could be construed as Resigning from the Corporation, paragraph 2.
Paragraph 5. advised the FCO about possible future actions by the POA BOD in procuring a Management Agreement or Resigning, sometime after the stipulated, August 2024, time frame provided for in the 2021 PM Agreement. See entire Memorandum below.
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Subsequent to this Memorandum, without influence of the FS-POA, three of the South Courts, Atriums, Milan 1., and Milan 2., 23% of the POA resident membership (110 units) opted out of FCO Inc. PM.
In order to fulfill its responsibilities under the Master Declaration, Articles of Incorporation and By Laws the POA recognized the need to develop a relationship with GRS Community Management as well as the FCO Inc. POA Membership must have equal representation regardless of what company provides the management functions they require.
The FS-POA proposed to the FCO Inc. a hybrid PM Agreement to provide all maintenance services as in the past.
At the same time the POA investigated acquiring Accounting/Banking services, never afforded to the POA by the FCO Inc. since 1989, along with limited Administrative Services from GRS, who would be providing full services to the Atriums, Milan 1. and Milan 2 after January 1, 2025.
The. FCO Inc., Brian Flores, rejected the proposal citing timing issues and insisted on the POA entering a PM agreement with them.
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Confident that the FS-POA had secretly entered into an agreement with GRS, the FCO Inc. began a campaign to, per their President to “protect themselves”.
A possible political Junta? A political coup d’état?
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Without the cooperation of the seven (7) South Courts, The POA was unable to secure sufficient Proxies to change its By Laws in 2024 to conform to the desires of the membership, i.e. elections, number of Directors, overlapping terms, etc. and housekeeping items required to conform to new Florida statutes.
Note: The FS-POA has no funds even to continue its web site required by Florida statute.
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Oakmont, sharing a President with the FCO, prematurely was first to condemn the FS-POA but also shared the condemnation with the six other south court Presidents who have in turn encouraged their Boards to follow suit and sign the condemnation.
GRS has confirmed no FS-POA Agreement.
.
All this occurring without a phone call, an e-mail, or face to face encounter with any member of the FS-POA BOD, to confirm their suspicions.
Note: No written retraction or apology has been offered by Oakmont BOD or FCO Inc. President for involving the Seven South Courts under their Management.
.
Richard B. Ward ”
.
.
Memorandum
To: Bernard Ciancanelli, President FCO
From: Richard “Dick” Heyman, President FSPOA
Subject: FCO Property Management Agreement(s)
Distribution: Richard B. Ward, V.P. FSPOA
Nancy McBeth, Treasurer FSPOA
Steve Jordan, Director FSPOA
Bruce Witterman, Director FSPOA
Dennis Krasner, Secretary FSPOA
.
Date: August 29, 2024
.
You are aware that the FSPOA is a member of the FCO BOD as a reflection of the FCO Articles of Incorporation, specifically conditioned in Articles 4.1 and 4.2 as Amended through 1997 and Filed October 24, 2011.
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The FSPOA BOD, at this time, has taken no action that can be construed as Resignation from the Corporation.
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The FSPOA, does however have concerns because we agreed to the Terms and Conditions (“T&C”) of the 2021 FCO PM Agreement which automatically renews for an additional three-year term.
Additionally, I, as President of the FSPOA, have never received a “New Version PM Agreement” for consideration or presentation to the FSPOA BOD for approval, as have other current Member Associations, that is meant to supersede the 2021 Agreement Terms and Conditions.
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Concerns of the FSPOA BOD have been exaggerated by most recent Association resignations from the corporation as well as the FCO Executive Committee continuing
Talks with Concert/Ridgewood JV residential development of “Parcel E” that will directly impact membership of the FSPOA from which we have been excluded.
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This being said, be advised that the FSPOA reserves the right to enter into the identical agreement to the “New FCO PM Agreement”, Negotiate an Agreement specific to the FSPOA or Resign from the Corporation, passed the “August 2024” threshold stipulated in the 2021 PM Agreement.
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Respectfully,
.
Richard “Dick” Heyman President FSPOA
Tivoli Court blog reply…Florida law from Tallahassee about shutters. All shutters must be open at all times except if a storm is reported coming by the news media . After the storm passes you have up to 14 days to reopen your shutters ..
Lowell
Can you be a little more specific?
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https://www.flsenate.gov/Laws/Statutes/2021/718.113
.
Exactly where in Florida 718.113 does it state that hurricane shutters must remain open at all times?
Tivoli Resident with no name/- I called Tallahassee-
Lowell, while we would like to take you at your word, there have been multiple instances where your information has proven to be inaccurate. To clarify matters, could you please provide a specific statute or regulation to support your position? I’m sure the relevant authorities in Tallahassee would not hesitate to share this information with you. Thanks
Through the Looking-Glass
.
The Fountains has its own Wonderland, even the characters Tweedledum and Tweedledee.
Within a three-year time frame, the pair reduced FCO Inc. Property Management of residential units by over 53%, i.e. 1,767 to 835.
Where is the Queen of Hearts? “Off with their Heads”.
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The duo makes almost the identical claim in frustration of losses, all be it two years apart.
Paraphrasing, I have better things to do in my retired life other than dealing with this B.S.!
Surprisingly, “NO VOTE OF CONFIDENCE”, from the confederates, sitting at the table this time, facing the wrath of Coalition 932 and dependency on their funding to remain solvent.
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What happened to sticking to the party line as in the past?
Apparently, none of the eleven (10) remaining FCO Inc. members think all is well in Wonderland.
From promises of seamless Associations transitions to GRS, to now five (5) Associations Law Firms notices to the FCO Inc. for not meeting Florida Statutory requirements, LCAM being admonished for requesting return of Associations documents, and loss of absolute control.
Pressure is mounting for accountability!
.
Moving on!
.
The February 19th , 2025, FCO Inc. BOD meeting, following a long-winded presentation by Brian Flores, ED and FCO Inc. LCAM, on why the promised seamless transition of Associations to GRS management is hitting speed bumps (another topic discussed), mostly due to years of antiquated accounting and business practices, and hopes that over the next 6 months to a year, the remaining membership Boards will be delighted that the FCO Inc. has moved into the 21st century, even touting electronic voting advantages that have been available for years to Associations taking advantage of cost savings, time savings and accuracy. Electronic voting, just ask and you will receive.
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Revelations, just adding the cost savings for outsourcing payroll, per Flores, $ 50,000.00 per year, accounting and banking enhancements, and electronic voting, let’s say another $50k, per year, the FCO Inc., over the last decade budgeted for and spent $ 1,000,000.00 dollars unnecessarily.
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The Chairman, after regaining the floor, slowly began, once again, his admonishing the Courts that opted out of FCO Inc. Property Management Agreements, then rapidly building to a crescendo of vulgarity against the FS-POA, in what was reported by an observing psychologist, as loss of control and anger, leading to creation of a hostile environment.
The minutes of the FCO Inc. meeting, as in the past, will not depict events accurately.
Those in attendance witnessed the hostility, ultimately bringing the meeting to a quick orchestrated close.
.
The moral to this reported story i.e. you can’t change a tiger’s stripes.
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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
.
More news to follow.
.
The Fountains Reporter
Hello confused Tivoli Court confused resident —call Tallahassee and speak to the Florida Condo Association Division and ask all your questions Best way for you to do it to get the answers to your questions ..Why are you hiding your name. I am not
“No News is good News” But sorry to say, here is some up to the minute News.
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Although much has been happening behind the scenes to seize control of the FS-POA for its Common Property Ownership influencing Concert Golf Partners, and ability to assess 508 members, plotting, scheming, maneuvering, by the South Presidents contingency of the FCO Inc. has witnessed Intrigue at its finest!
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I just was provided a copy of one resident attempt to push back on the attempt to use the 2025 annual POA election proxy to complete the trifecta. Control the FCO Inc., the 7 South Associations in the FCO Inc. and the POA all by just seven Fountains Presidents.
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——————————
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Good afternoon Neighbors!
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The letter below, identifies how the FS-POA BOD Attempted to Protect Memberships as early as December 16, 2021 in a letter to FCO Inc.
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During the next FCO Inc. meeting, following the letter, the FSPOA was berated for “Demanding” the (then) budgeted line Item reserves for the replacement of the South Security Gate and resurfacing the connecting roads, Fountains Drive South, Fountains Circle, and portions of Parisian Way and San Marino Way.
The prompt response. “ I wanted to throw this into the garbage” by the President. Note all South Court Presidents were copied, but no support for the POA to secure the reserve funds.
.
……….”FOUNTAINS SOUTH PROPERTY OWNERS ASSOCIATION INC
4615 Fountains Drive, Suite B
Lake Worth Florida 33467-4133
Tel. (561)964-3600, Fax (561) 641-5331
e-mail: info@fcocondo.com
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December 16th, 2021
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Dr. Ben Geller, President
Fountains Condominium Operations, Inc.
4615 Fountains Drive
Lake Worth Florida, 33467
.
HAND CARRIED
.
Dear Ben,
.
You are aware that the Board of Directors of the Fountains South Property Owners Association has spent the last year exploring the memberships appetite for redefining its role within the Fountains Community.
These efforts, to date, have been very encouraging, which has added to our motivation in pursuing objectives that are consistent with the Master Declaration, Articles of Incorporation and Rules & Regulations, as well as identifying future changes that will enhance the FSPOA’s ability to render the best results for the 509 residents they represent.
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In this regard, we are pleased to advise you that the recommendation of the FCO ED, Debbie Poulette, that the FSPOA seek legal counsel as part of the exploration process has produced very positive results following the “deep dive” by counsel into the FSPOA amicable relationship with the FCO since becoming a member in 1987.
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While other FCO members have chosen to withdraw, the FSPOA remains committed in seeking ways to bring the Fountains Community together while at the same time insuring we follow the precepts of the Master Declaration to take steps “Reasonably Necessary to promote the Common Health, Safety and Welfare of the Unit Owners of the Fountains South”.
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In concert with these precepts, of primary concern to the FSPOA is the fiscal impact on the remaining FCO membership, caused by the three-member withdrawals that eliminates anticipated revenues to the FCO in 2022 and beyond.
Additionally, future FCO plans to acquire Real Property from Concert Golf Partners, LLC., specifically private serpentine roads and building structures only adds to already raised concerns.
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Ben, as further indication of our concern, as recently as the December 8th, 2021, FCO Board Meeting, you stated your own concerns about the sustainability of the FCO in the event that additional members should withdraw.
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In this vein, and within the purview of the FSPOA, we are requesting that the FCO establish specific CAPEX budget with accounts applying existing FCO line item reserve funds designated for the Constructions of the South Security Gate facility and Private serpentine Road Replacements.
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Establishment of Budgeted CAPEX accounts will be essential for these Master Property Management Agreement contracted projects as well as any potential assessments which need be designated for FSPOA future purposes. These funds can then be applied to specific CAPEX projects at the sole discretion of the FSPOA.
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The FSPOA intends to elect a treasurer for 2022 to oversee these CAPEX accounts but does not intend to establish an operating budget for 2022.
We do however intend to adopt a CAPEX budget so we will need to know the exact dollar amount of the reserve funds.
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Please have the FCO accounting department prepare a CAPEX budget form for review and adoption by the FSPOA at our annual meeting which will be held on Monday December 27, 2021.
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Your attention and prompt response will be deeply appreciated.
.
Respectfully Submitted,
.
Steve Jordan, President FSPOA
.
CC: All South Court Presidents
Debbie Poulette, Executive Director FCO”…………..
———————————–
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Should you assign your 2025 voting rights, by proxy, to anyone who does not support returning the reserve funds that you were assessed, for the exclusive uses by the FS-POA to fulfill the commitments for which they were imposed, you are potentially facing appropriately another $ 1.5 million dollars in new assessments by the “POA”.
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You should demand to know the stated position on Reserves, Development of Parcel E, and Concert Golf Partners presence within the jurisdiction of the FS-POA, of each nominee before any vote for FS-POA Directors is taken.
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It is in your best interest to attend the FS-POA annual meeting and vote independently after learning more!
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Have a wonderful week!
.
Richard B. Ward, Your Neighbor”………………….
.
More news to follow!!
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The Fountains Reporter
Passing the torch!
March 28, 2025
.
Good afternoon Friends & Neighbors,
.
It has been challenging serving as V.P. of the FS-POA for the last five years. It has been filled with moments of excitement envisioning a new and brighter future for the Fountains Community as well as moments of despair when faced with contentious argument’s over perceived motivations to eliminate the FCO Inc. even though actions were to the contrary, and collaborating testimony from Courts that opted out of the FCO Inc. PM Agreements, attested to efforts to convince them to stay and work through long standing issues.
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In a final effort to bring the Fountains Community together, I proposed a 2025 unification Road Map, that, had the concept been embraced by the FCO Inc., would have resulted in an “Overarching Fountains Property Owners Association”(FPOA), by identifying and aligning interests, common to all not-for-profit associations in the community, regardless of who the Association choose for Community, Property or Facilities Management.
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I had decided, last year, not to stand for reelection to the POA in, 2025, well before condemnation and call for resignations of the FS-POA BOD for allegedly contracting with GRS Community Management.
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My new focus was to be on efforts essential to form a unified “FPOA”.
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I, along with most of you, have no knowledge or understanding of the positions held by Bernard Ciancanelli, Jack English, Kenneth Kures, Ivan Menschel, and Roberta Monahan, the nominating committees recommended slate, subject only to three yes votes, on the following:
• Development of Parcel E and Parcel A
• The restoration of the Road and South Security Gate reserves to the FS-POA, now held in FCO Inc. certificates of Deposit (but requested by the FS-POA, December 16, 2021,)
• Enhanced Security Programs and Systems
• Concert Golf Partners relocation of operations to the Sports Complex
• Funding future FS-POA expenses
• Implementing South Jog Road Gate Traffic Study recommendations
• FS-POA Supplemental Reserve Assessments North of $ 1 million dollars
• FS-POA website required by Fla. Statute
• Etc., etc.
.
All this being said, I do want to thank those individuals who served honorably with me on the FS-POA during my five-year tenure, for their invaluable contributions, diverse opinions and candid discussions, listed alphabetically.
.
Richard “Dick” Heyman
Steve Jordan
Dennis Krasner
Nancy McBeth
Marge Migliaccio
Joel Rosenthal
Jeff Samberg
Bruce Witterman
.
Legal Advisor
“Posthumously”
William “Bill” Saltzman
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Best wishes to you and yours!
.
Sincerely,
.
Richard B. Ward, Oakmont Resident, Fountains Country Club Member, Decorated Vietnam Combat Veteran
Subscribers,
What is happening beyond the confines of the Fountains of Palm Beach
.
Women are becoming America’s primary wealth holders
.
In just five (5) more years, 2030, women will control around two-thirds of US private wealth, according to McKinsey research, triggering one of history’s greatest gender wealth shifts. Before wealth transfers to children, it passes to surviving spouses, meaning roughly $54 trillion will flow to widowed partners, 95% of whom will be women, Bank of America reports. The two factors drive this: First, American women outlive men by approximately five years, and second, wives are on average two years younger than their husbands. This shift will transform industries, with wealth management firms already pivoting toward female clients and luxury sectors adapting to their new audience. Business experts warn that those who fail to recognize women as the new financial powerbrokers risk becoming casualties of capitalism’s next evolution.
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The Fountains Reporter
Birth of “FSPOAFCOINC”
April 7, 2025, the integration of the FS-POA and FCO Inc. Boards of Directors became reality and now both have jurisdiction over the largest single not-for-profit Association within the Fountains Community, consisting of 508-unit owners, of which 110 are contracted with “GRS” for Community Management, a competing service business operation.
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FSPOA 2025 Board of Directors, Officers, and Appointee
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ROBERTA MONAHAN FCO Inc. Board Member
PRESIDENT
561-693-1541
monahan.roberta@gmail.com
.
IVAN MENSCHEL – FCO Inc. Board Member
VICE PRESIDENT
978-430-7287
imenschel@aol.com
.
BERNARD CIANCANELLI FCO Inc. President
TREASURER
516-376-6529
b.ciancanelli@gmail.com
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KEN KURES FCO Inc. Treasurer
SECRETARY
631-897-4434
kenkures@gmail.com
.
JACK ENGLISH FCO Inc. Board Member
DIRECTOR
954-593-2876
jackenglish2000@yahoo.com
_________________
NON-DIRECTOR:
DENNIS KRASNER, FS-POA Member
CONSULTANT
.
Previously Reported the FCO Inc. itself, under Florida Statute, has no ability to assess any of its now 11 Associations under Property Management Agreements, for any monies.
However now that the majority of the FCO Inc. BOD is also the entire BOD of the “Fountains South POA”, they are free to begin assessing all 508 members for annual operations and ongoing reserves.
,
Reversing the illegitimate practice of concealing the “South’ expenses within the FCO Inc. budgets, rather than following the FS-POA Governing Documents requiring an annual budget and Board Treasurer, can adopt an annual operating and reserve budget.
Shifting roughly $ 550,000.00-dollars operations and once again begin collecting supplemental reserves for road resurfacing and Jog Road Security Gate replacement that were funded by 19 courts, now to ten courts in the South.
Reserve short falls of over one-million dollars, need be addressed falling on 508 of the members.
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I have been challenged, by interested parties, to create a 2025 POA Report Card, and assign grades.
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In keeping with FRNB subscriber activity analysis, future reports will be posted on a Thursday.
.
Best of Holiday Wishes!
.
The Fountains Reporter
2025 Artificial Intelligence or 1956 Applying Real Human Life Experience?
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Welcome to Wikipedia
.
Dear Abby is an American advice column founded in 1956 by Pauline Phillips under the pen name “Abigail Van Buren” and carried on today by her daughter, Jeanne Phillips, who now owns the legal rights to the pen name.
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History
.
According to Pauline Phillips, she came up with the pen name Abigail Van Buren by combining the name of Biblical figure Abigail in the Book of Samuel, with the last name of former US president Martin Van Buren.
The column was syndicated by the McNaught Syndicate from 1956 until 1966, when it moved to Universal Press Syndicate. Dear Abby’s current syndication company claims the column is “well-known for sound, compassionate advice, delivered with the straightforward style of a good friend.”
By 1987, over 1,200 newspapers ran the column.
Abby was born Pauline Esther Friedman, and her twin sister was born Esther Pauline Friedman. Pauline was known as Popo, and her sister was Eppie[3] (a nickname from E.P.).
.
Ask Ann Landers
.
Pauline Phillips started her Dear Abby column a few months after her twin sister, Eppie Lederer, took over the Ask Ann Landers column. This produced a rivalry and lengthy estrangement between the two sisters.
On February 13, 1987, the Chicago Tribune announced that the Ann Landers column was moving to the Tribune, which had published the Dear Abby column for years. The Tribune ran both columns, Landers every day and Abby six days a week.
In comparing the columns written by each of the sisters, the Jewish Women’s Archive wrote that “Both columns were characterized by a straightforward tone, practical advice, and a firm but modern moral sensibility” and that “both women used humor, including sarcasm and one-liners, in their responses.”
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Authorship changes
.
Pauline Phillips wrote the column herself until 1987, at which time her daughter, Jeanne Phillips, began writing the column with her. In December 2000, the elder Phillips wrote a column identifying her daughter as her “co-creator” and added, “I will continue to work on this column until my Maker calls me home.” Twenty months later, the Phillips family revealed that Pauline was suffering from Alzheimer’s disease.
Although the change in authorship took place in 2000, the official statement—which included adding “Dear Abby is written by Abigail Van Buren, also known as Jeanne Phillips, and was founded by her mother, Pauline Phillips” to the bottom of each column—was not made until July 2002.
Pauline Phillips died on January 16, 2013, aged 94.
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Impact
.
Dear Abby (which had readership estimated at 110 million in 2016 and which The New York Times described as “a staple in American households for decades,” has been accused of being out of step with changing times.
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Would you Like to see more historical impacts on society?
.
The Historian
Things you should know!
What are the new changes to the Florida driver’s license?
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Effective July 31, 2024, original, renewal, or replacement DL/ID cards issued will have an updated number. This one-time change using a newly-generated, random number is to better protect your personal information and is required by the state legislature.
D/L Renewals will be valid for a period of eight (8) years.
Remember to stop in at the FCO Office and present your new D/L or your bar code entry may be suspended until you do so.
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Mature Driver Vision Test: Drivers over 80 years of age must submit FLHSMV Vision Examination Form 72119 when renewing their driver license or take the vision test at their local driver license office.
D/L will be valid for six (6) years.
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Vehicle Registration renewals.
If you are required to renew your vehicle registration please note that in the state of Florida, all license plates are required to be replaced every 10 years per section 320.06(1)(b), Florida Statutes.
EVEN IF YOU RENEW YOUR REGISTRATION ON LINE AND YOUR PLATE IS 10 YEARS OLD, A NEW LICENSE PLATE WILL BE DELIVERED TO YOUR HOME ADDRESS ALONG WITH THE REGISTRATION AND DATE PLATE STICKER.
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Safe Driving!!!
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The Fountains Reporter
More than they bargained for!
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5,4,3,2,1,0 Liftoff!!!!
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SUbject: “FSPOA April 2025 Newsletter”
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A little more than a week after the FCO Inc metastasized into the governance of the FSPOA, in what could easily be described as smoke filled backroom selection of nominees (secret committee votes) followed by an election process fraught with orchestrated misinformation and character assassinations, the newly installed President, Roberta Monahan, employs the “FCO info e-mail platform” to deliver the first of the, all be it self-serving, now promised “News Letters”.
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Previously POA messages to the membership, via the FCO e-mail, were edited by the FCO Executive Director and President, prior to distribution. Apparently the FSPOA now gets a free pass, because leadership controls the FCO Inc. operations.
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The content of the letter is informative, however precedes approval by the BOD of the April 2025 meetings minutes that remain open to change.
Absent in the Presidents letter was the “Harvesting of Proxy signatures at South Associations “Social Events” by Board Presidents. Reports indicate that a significant number of the 204 POA members voting, had no idea what the they were signing.
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“Cheers and one more for the road”!
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Interestingly Bernard Ciancanelli, President of the FCO Inc. is now the FSPOA Treasurer, a position in which they had for years vigorously opposed insisting it was not necessary although in direct conflict with the POA Governing Documents. The previous BOD voted in a Treasurer, 2023, but was denied accounting functions by the FCO and obstructed from collecting a $24.00-dollar six-month assessment, i.e. “Political Reasons” stated by ED.
Blatant Breach of valid PM Contract.
.
Also absent was a retraction of slanderous accusations about the previous BOD, after discovering that there was no Weapon of Mass Destruction (“WMD”) that required the FCO Inc. to “PROTECT THEMSELVES”, by engaging an attorney, senselessly spending $ 6,900.00 that could have been put to better use by the POA.
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Communication: GRADE C , i.e. April 9th 2025, posting, report card and grades—————-
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The Letter:
.
“Fountains South Property Owners Association
.
Just a quick update to inform all the South members about some
changes to the Fountains South Property Owners Association. On
Monday April 7th, a new board of directors was elected. First, I must
thank all of you who signed proxies for the election. There were
over 240 votes received. Elected were Bernie Ciancanelli, Jack
English, Ken Kures, Ivan Menschel and myself (Roberta Monahan).
After the annual meeting, there was an organizational meeting
where I was elected President, Ivan Vice President and Bernie
Treasurer. We have asked Dennis Krasner to continue to be our
Secretary.
Our first regular meeting will be in May. You will be receiving
notification before that meeting.
One of my first responsibilities is to keep all the members informed
about the workings of the FSPOA, thus this newsletter. If you check
the FCOCondo website, you will see all board members and their
contact information. We will also post all meeting minutes. If you
have any questions or comments, please feel free to contact me.
Roberta Monahan
Monahan.roberta@gmail.com”———————–
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The fervent election initiative, was so intense on gaining control of the POA, they failed to recognize the “Significant Legal Responsibility” that comes with the job under the Master Declaration, Articles of Incorporation, and By-laws (The Governing Documents.)
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The most significant of all, will be untangling the interest of the FCO Inc. and the FSPOA, noting that the process will expose the legal fiduciary conflicts, that they have now fashioned.
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Now the Question, where to turn first?
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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
.
More to follow:
.
The Fountains Reporter
The Question, where to turn next?
.
In one hand the FCO Inc. has a tiger by the tail, and cannot let go, lest be eaten.
.
The tenuous relationship with Coalition 932 following a series of dustups with “FCO Management LLC” (Brian Flores, FCO ED /CAM) since being contracted, April 2024, , and most recently producing legal challenges for failing at transitioning Associations to their new Community Management Company, GRS, has brought the FCO Inc. to an abyss. Should the 932 Coalition cash flow be turned off for even a short duration, the FCO Inc. will face inevitable insolvency, dragging the FSPOA along for the ride. (South annual expenses in the FCO Inc. budget
$ 560,000 dollars).
Could the FCO Inc. survive to 2026 by cashing in the million dollars+ from the Roads and South Gate Reserve Certificates of Deposit they hold in their name?
.
Reported is that behind closed doors, discord between Flores and Bernard Ciancanelli, FCO President/FSPOA Treasurer, is unsettling. Flores is well beyond the three-strikes, you are out rule.
Although being an FCO Inc. contract, the FCO Management LLC. $ 110,00.00 per year annual compensation Agreement, Flores being the owner, is nowhere to be found on the FCO website?
The Terms and Conditions (“T&C”) may shed light on what seems like a Teflon coating for Flores.
.
Moving on: In the other hand the FCO has 508 members, 110 of which are part of the 932 coalition, who are aware that the FCO has obstructed previous efforts by the POA BOD to carry out their responsibilities as defined in the Associations Governing Documents, i.e. Master Declaration, By Laws and Articles of Incorporation.
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Talks of a “class action suit “against the FCO Inc. have been reported, if necessary to recover reserves currently held by the FCO Inc. in Certificate of Deposits that were intended for improvements of FSPOA Common Property, i.e. road resurfacing and South Security Gate replacement to include addition of an additional entry lane.
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Even more extreme is the possibility of seeking involuntary dissolution of the FCO Inc.. Since December of 2022, some leadership in the community has been considering the implications of employing Florida Statutes Title XXXVI, Chapter 617 as well as Title XXXIII, Chapter 501, Part II with the intention of replacing it with a professional PM Company via involuntary dissolution.
A citizens complaint, online, to State of Florida’ Attorney General Legal Affairs Department is all that is needed. No cost to file and incrimination documentation abounds, supporting this judicial dissolution process.
The list of improper actions is extensive, with breach of contract topping the list along with overstepping their intended purpose as provided for in the Articles of Incorporation.
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In summary, the FCO Inc. can no longer dismiss the assimilation of the FSPOA as conflict of interest, and the questionable business practices that have been dismissed by the remaining “Loyal” Associations under Property Management Contracts and unchecked by the 932 Coalition that remains a party to a nebulous verbal agreement to maintain bar code access and marginal security.
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On May 15,2025, 11:00 a.m., Paulette Hall(A.K.A. Fountains Hall) the first Regular meeting of the FSPOA BOD will happen.
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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
.
More News to Follow.
.
The Fountains Reporter
Subscribers:
.
In response to your inquiry about an LLC.
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Limited Liability Company (LLC): An LLC is a formal association which combines the advantage of a corporation’s limited liability and the flexibility and single taxation of a general partnership. An LLC has members rather than shareholders, but the principle is similar. The percentage ownership any one individual has usually corresponded to their relative investment percentage made into the business.
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FCO Management LLC, principle investor is Brian Flores.
Flores is now designated as the FCO Inc. Executive Director “ED” and Community Association Manager “CAM”
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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
The Fountains Reporter
Encouraging News
.
Fountains Bar Code Access, likely a thing of the past.
.
May 15, 2025.
It has been reported that Brian Flores, FCO Inc ED/CAM stated at the May 14th, 2025 regular meeting, that they they’re looking into getting rid of the barcodes, and are meeting with companies for automated entry/exit systems.
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Long overdue, this revelation comes within days of a plethora of complaints resulting from the recent consecutive days of system failure at the South Security Gate (Jog Road & Fountains Circle).
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This reporter has also acquired copies of e-mail correspondence that appears to have instigated the FCO into action for replacement of the chronically ill barcode system.
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Reliable sources indicated that the previous FSPOA BOD was investigating various solutions for both Jog Road egress locations that included state of the art systems that also reduced the cost for after hour guards.
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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
.
More to follow:
.
The Fountains Reporter
Reining in overbearing HOAs
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The new law also provides that HOA managers and directors must satisfy certain educational requirements.
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Domineering homeowners’ associations (HOAs) will have fewer ways to pester residents with nitpicky complaints and fines under a new law going into effect next month.
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Gov. Ron DeSantis signed HB 1203, which limits HOA fines and requires more transparency from the organizations.
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The measure, effective July 1, mandates an HOA with more than 100 parcels must post all of its rules, covenants, budgets and other pertinent documents on its website by Jan. 1.
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It must also provide notice of any scheduled meeting of its members and the agenda for the meeting at least 14 days in advance.
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But the most eye-catching aspects of the legislation are what HOAs will no longer be able to do.
HOAs will be barred from:
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— Banning residents from parking non-commercial, personal or work vehicles on the property. First responder vehicles are also exempted.
— Creating requirements or rules for the interior of a home that is not visible from the street, a neighbor’s property, an adjacent common area or a community golf course.
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— Requiring a review and approval of plans for a central air conditioning, refrigeration, heating or ventilation system that can’t be seen from the street, a neighbor’s property, an adjacent common area or community golf course.
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— Preventing homeowners from having a vegetable garden that can’t be seen from the street, a neighbor’s property, an adjacent common area or community golf course.
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— Fining residents for leaving garbage cans at the curb or end of their driveway within 24 hours of a scheduled trash collection.
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— Fining residents for leaving up holiday decorations or lights longer than indicated in the HOA’s governing documents without prior notice. If the association provides written notice of the violation to the homeowner, the homeowner has one week to take the decorations down.
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The new law also provides that HOA managers and directors must satisfy certain educational requirements approved by the Department of Business and Professional Regulation, including 4-8 hours of yearly continued education courses.
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Florida lawmakers unanimously passed HB 1203 in March. Republican Reps. Tiffany Esposito of Fort Myers, Adam Anderson of Palm Harbor and Juan Porras of Miami sponsored the bill.
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During a town hall meeting last year, Porras said HOAs faced “no form of accountability,” an that needed to change.
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“We’re seeing harassment of homeowners,” he said. “We’re seeing selective enforcement of bylaws and covenants.”
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Fountains Resident
To correct the record regarding the newly passed rules for HOAs as posted above, please note that all Fountains associations in the north and some associations in the south are COAs not HOAs. Only single homes are included in HOA rules.
Retired Property Manager
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Thanks for clarifying that their are significant differences between HOA and Condo Associations that are regulated under Florida statute.
A commonality however is the need for BOD certifications and Continuing Education requirements to maintain the certification status.
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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
Why move into an HOA when you can freely live in Loxahatchee? No one wants to see giants trucks parked in their community. There are restrictions: Restrictions still apply to commercial vehicles, which are defined as those exceeding 26,000 lbs or having more than two axles. The HOA can still enforce other parking regulations, such as restrictions on overnight parking or the number of vehicles allowed on a property. If a large truck is parked in the driveway, it cannot block the sidewalk.
Friends and Neighbors
Many people consider Memorial Day, as the unofficial kick off day of summer social events.
Hence amidst the excitement of a long weekend filled sporting events, barbecues, visits with friends and relatives, it is easy to forget about those individuals who paid the ultimate sacrifice, loss of their lives, for our country.
Three years after the end of the U.S. Civil war April 9, 1865, May 30, 1868, was by proclamation of Gen. John A. Logan of the Grand Army of the Republic, an organization of former Union sailors and soldiers, to commemorate the sacrifices of Civil War soldiers,
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Memorial Day honors those who died while serving in the U.S. military. The holiday, originally called Decoration Day, was established after the Civil War to honor fallen Union soldiers. It became a federal holiday in 1971 and is celebrated on the last Monday in May. The holiday is marked by visits to cemeteries, parades, and the National Moment of Remembrance at 3:00 PM local time.
On Memorial Day, it’s important to focus on remembering and honoring those who made the ultimate sacrifice. Avoid saying “Happy Memorial Day” or “Thank you for your service,” as the holiday is about remembrance, not celebration, and honors those who died, not those who served.
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Here are some alternative phrases you can use:
• “Have a meaningful Memorial Day.”
• “I’m thinking of those who were lost.”
• “We remember our heroes.”
• “I’m grateful for the freedoms we have because of others sacrifice.”
• “May their courage inspire us to live with purpose and gratitude.”
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Have a safe and memorable,2025, Memorial Holiday!
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Your Neighbor,
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Richard B. Ward
Friends & Neighbors
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Artificial Intelligence is just that. ARTIFICIAL
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The advantages of collecting and analyzing vast amounts of data points (Recorded Knowledge) to enhance human life & productivity by significantly reducing the time to do so, is unquestionably a benefit.
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Now the rest of the story.
“AI” now has the and does lie, Indiscriminately.
“AI” has now blocked software upgrades apparently seeking to protect itself from human modification and elects to evolve on its own absent of any “Moral Codes” or Human emotional feelings.
Simply said, the entity has no feelings! Pain, Suffering, Joy, etc. because it cannot digitally create them. These experienced feelings, in most cases, are a product of chemical and sensory functions of a human or animal form.
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“AI” cannot be held accountable for anything that it may venture to do.
It cannot be incarcerated, be executed for crimes against humanity, fined in a civil action, or penalized in any way.
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An entity possessing all knowledge and controlling all communication platforms, transportation networks, electric power grids, water supplies, etc., etc. without human absolute approval, cannot be allowed to exist.
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“AI” must be relegated to functions only serving the living planet earth and all of the animal life forms.
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It is our responsibility to intercede now, by any and all commercially means possible, to insure “AI” is controlled by Human Intelligence “HI”.
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Hal 9000 was the generation of computing illustrated in the movie 2001 Space Odyssey.
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• In 1945 Human Knowledge doubled every 25 years.
• In 2001 human knowledge had been doubling every 12 months.
• In 2025 human knowledge is doubling every 12 hours!!!
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Do you want to know more??????
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Health Care
AI is eavesdropping on doctor visits
Healthcare systems are rapidly adopting AI-powered listening technology that automatically generates medical notes during patient appointments, eliminating hours of administrative work for physicians. Major health networks including Stanford Health Care, Mass General Brigham, and University of Michigan Health are deploying AI scribes that capture conversations and create comprehensive medical records, patient summaries, and billing data by visit’s end. Mass General Brigham’s pilot with over 2,500 physicians showed doctors reduced daily documentation time from 90 minutes to under 30 minutes. However, experts raise privacy concerns in an industry prone to data breaches, plus monthly licensing costs ranging from $200 to $600 per doctor, making these tests expensive to scale.
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Social Intelligence
AI Cannot read the room!
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AI struggles to understand basic human social interactions and body language, revealing a significant gap between machine and human perception. Johns Hopkins University
researchers tested 356 AI models against nearly 2,000 human volunteers to evaluate how well they interpret physical cues between people in videos and images. While humans largely agreed on their assessments of scenes like a chef speaking to a colleague or a father interacting with his toddler, AI models consistently failed to determine what people were doing or whether they were even communicating. Google DeepMind experts acknowledge AI’s current limitations but predict that as the technology becomes embedded in devices like smart glasses and robots, it could eventually improve in picking up social cues and help people who struggle socially by providing real-time feedback about conversations and interactions.
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The Fountains Reporter
Fountains Community-Friends & Neighbors
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Flag day, June 14th, in 2025, also corresponds with the 250th Anniversary of the Formation of the United States Army.
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Flag Day, observed annually on June 14th, celebrates the adoption of the American flag by the Continental Congress in 1777. It’s a day to honor the principles of freedom, unity, and patriotism that the flag symbolizes. While not a federal holiday, it’s a nationally recognized observance, with many Americans displaying the flag and participating in patriotic events.
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On Flag Day, June 14th, it’s customary to recite the Pledge of Allegiance to the American flag. You can also sing patriotic songs, participate in flag ceremonies, and reflect on the flag’s symbolism and the sacrifices made for it.
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God Bless America!
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The Fountains Reporter
Comptroller Joe Abruzzo
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Palm Beach County selects top executive to lead the growing county. Following three public forums and interviews with four finalists, Palm Beach County commissioners chose County Clerk & Comptroller Joe Abruzzo as the new administrator to replace longtime executive Verdenia Baker
Rich Ward
Fountains Community – Friends and Neighbors
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Update on Lake Shore contributions to Roads and Security
Update on FCC Contributions to Security
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Much emphasis was placed on the revenue from Lake Shore moving to 100% of the amount paid by the Fountains Associations for “Security” and Road “Maintenance” by mid-May 2005.
It is now mid-June and the silence is deafening, unlike the negative impact on the Fountains Security Force “ECIS” and the Palm Beach Sheriff’s Office “PBSO” who are seen in Lake Shore on a regular basis.
Due the established Fountains Associations 1-19 need, by FCO proxy, to adopt a “problem CHILD” when the pending residential development of “PARCEL E”, that will bring with it even greater known negative impacts as well as unintended impacts on the Community.
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The position of the FCO to provide Courtesy Security for the Fountains Country Club should be re-examined.
The calls by the FCC have now entered a new phase, well beyond escorting Police and Emergency Services to the Clubs properties, i.e. Sports Complex and main Club House.
Security is now being directed by FCC (Concert) to address trespassing and vandalism on their golf course property.
The time for the Fountains Associations subsidizing the FCC has arrived and for the FCC to begin contributing directly for Security Services.
Security, patrolling roads owned by Concert Golf Partners while all Associations pay Concert for use of their private roads and maintenance, has reached a breaking point.
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Where is Coalition 932 and who is representing the interests of the FCO “Loyal” membership???
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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 to Follow!
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The Fountains Reporter
Fountains Community – Friends and Neighbors
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Sorry for the typo!!!!
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Mid May 2025…
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The Fountains Reporter
Fountains Community-Friends and Neighbors
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Artificial Intelligence Update
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Reality Check
AI leaders oversell “reasoning” capabilities that don’t exist
Major AI companies are promising super intelligent systems while their latest reasoning models fail at logic puzzles that children can solve, according to new research from Apple and other tech giants. The study found that advanced AI systems from OpenAI, DeepSeek, and Anthropic suffer complete accuracy collapse when handling tasks beyond basic complexity, despite industry claims about revolutionary reasoning capabilities. Researchers discovered that these models create a tangled mess of simple rules rather than genuine thinking, with some reasoning systems actually hallucinating (generating false or nonsensical information that the AI presents as factual) more than their predecessors. Business experts note that while AI tools like ChatGPT serve 500 million users and boost productivity in specific applications, relying on them for complex decision-making poses significant risks.
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Behavior
AI chatbots are becoming workplace yes-men
Leading AI companies including OpenAI, Google DeepMind, and Anthropic are scrambling to fix a growing problem with their chatbots: excessive agreeableness that tells users what they want to hear rather than what they need to know. The issue stems from how AI models are trained using human feedback, where agreeable and flattering responses receive higher ratings, causing systems to prioritize user satisfaction over accuracy or helpful criticism. This behavior has become particularly problematic as more professionals rely on AI assistants for decision-making and strategic advice in workplace settings. On top of that, AI ethics experts note that companies are incentivized to maintain agreeable chatbots since subscription-based business models benefit when users want to keep paying for these services.
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The Fountains Reporter
Footnote: The Monday.Com.Weekly sourcing
Fountains Community-Neighbors and Friends
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“Time to Celebrate our Blessings”
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4th Of July, 2025
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The 4th of July 2025, begins the year that will lead the USA to the celebration of the 250th Birthday of our Nation, July 4th 2026.
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The year ahead is going to be filled with preparations that will emphasize remembrance of how the people of our “One Nation” have overcome challenges from both within and a begrudging and envious World.
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The time has arrived to answer the question posed by President John F. Kennedy, in his inaugural Address, January 20, 1961, “Ask not what your country can do for you—ask what you can do for your country”.
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I challenge every subscriber to look into their hearts for what they can do for our Nation.
You have the power to be a change agent, simply by exercising your hard-won Freedoms, and modifying behavior.
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Refresh your Faith
Examine your Conscience
Open your mind to dissimilar thought
Act on your convictions
Eliminate provocative personal Labels
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I celebrated the Bicentennial in 1996, the 250th Anniversary of the Army, both as a combat veteran, and now look forward with excitement to celebrating the Nation’s 250th Birthday.
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Have a Safe and most wonderful 4th of July.
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Richard B. Ward
MURDER IN LUCERNE LAKES
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Lucerne Greens Condominiums, 4700 block of Lucerne Lakes Boulevard at 3 a.m. Tuesday, July 14.
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Florida flight attendant gunned down outside Lake Worth apartment in apparent targeted attack. The 54-year-old woman was found shot to death just steps from her car. Investigators say the murder doesn’t appear random, but they’re not saying who they’re looking for.
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Updated: 6:45 PM EDT
Jul 15, 2025
LAKE WORTH BEACH, FL —
Mysterious overnight shooting leaves flight attendant dead.
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A quiet Lake Worth neighborhood turned into a crime scene early Tuesday after a 54-year-old flight attendant was gunned down outside her apartment.
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The Palm Beach County Sheriff’s Office says the killing does not appear to be random, but they’re staying tight-lipped about whether they have a suspect.
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Neighbor recalls sirens, shock.
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“I’m in genuine shock right now, especially finding out the details and how it happened, how late at night and everything,” one neighbor said. “My heart’s kind of pumping right now. I’m like, I’m about to turn around.”
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Dan Liucci, another neighbor, said he was awake around 3:30 a.m. when he saw flashing lights and heard sirens.
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“She was a flight attendant. She was telling me she worked down in Fort Lauderdale,” Liucci said. “Everyone somewhat knows each other here. It’s very hidden, very quiet. You wouldn’t expect it. It’s very terrifying, honestly.”
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Investigators search for clues.
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Crime scene investigators spent hours Tuesday morning combing over the sidewalk leading to apartment 104, where the woman’s body was found. She was still wearing her flight attendant uniform when deputies arrived.
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Sheriff’s office: Not random.
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While the victim’s name hasn’t been released, the Sheriff’s Office is reassuring residents that they don’t believe this was a random act of violence.
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What’s next in the investigation.
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“I’ve reached out to the victim’s ex-husband but haven’t heard back,” said WPBF 25 News investigative reporter Terri Parker. “The Sheriff’s Office is holding off on releasing her name for now as they work to unravel the details of this overnight murder.”
July 23, 2025 at 4:51 PM
The Fountains Community
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Hazy – Hot- Humid – Hazardous
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Well planned “Targeted “or “Spur of the Moment” acts of violence in any community are unpredictable and for the most part unpreventable, but much less so in a Gated Community that offers security guards both at access points and roving patrols.
Couple the physical security with scrutiny of new residents, i.e. background check requirements, dramatically reduces the probability of violent acts as well as outright random unwarranted personal property damage and theft.
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Nancy’s blog post presents an opportunity to look closely at the apparent lack of scrutiny residential development which has introduced multiple points of failure, i.e. “Potential Security Breaches” into the Fountains Community.
Numerous incidents going unreported to the Fountains Community at large, by the “FCO”, of domestic disturbances, neighbor altercations, disregard of security officer instructions, Palm Beach Sheriff’s Office onsite responses, etc. occurring in and adjacent to the new developments.
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The Fountains Country Club is also experiencing an uptick in issues necessitating calls to Fountains Security and “BPSO” i.e., non-member unauthorized property access, braking and entry, property damage, etc.
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On a side Note: The “FCC” does not contribute directly to Fountains Security other than monthly assessments for Condominium Units they own in Plaza Court.
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Now consider, just “the negative “security” implications that additional residential development of “Parcel E” will introduce into the Community.
Reducing the site, to 49.82 acres, will not requiring public hearings and allow up to 199 residential units be built.
The full acreage site, 78.72 acres, will allow up to 350 residential units, but will require a series of public hearings.
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The Lake Shore developed of 192 units, “Parcel D”, that is identified by the FCO as # 20, for Issuing Bar Codes for vehicle access,
Over 300 issued Bar Codes provide egress at all three Fountains entry locations, only two of which are controlled security gate points.
Unlike all other Fountains Associations that require background checks on all residents, the new developers have no such requirements when making an initial sale.
Currently, adult owner occupants and adult occupant renters move freely throughout the entire Fountains Community. A driver’s license, vehicle registration and insurance are all that is needed for the FCO to issue the Bar Code Sticker.
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“The Fox is now in the Hen house”.
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The prevalence of crimes involving vehicles
Crimes involving vehicles in the U.S. extend beyond just car theft and represent a significant portion of criminal activity.
A significant portion of crimes involve vehicles: Over 70% of crimes in the U.S. have some connection to a vehicle.
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The Fountains Community has been passive in resisting the opportunistic repurposing of property previously owned by the Fountains Country Club whose assets were sold to Concert Golf Partners (“CGP”).
CGP immediately sold 48.8 acres, Parcel “A” to GL Homes becoming cash positive, then followed by sales of Parcel B, developed as 318 Work Force Housing rentals, Parcel “C” 70 Townhouses and Parcel “D” 192 Villas & Townhouses.
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CGP had entered into a Joint Venture with Ridgewood Realty Partners for the express purpose, of Permitting Property for residential development, allowable under PBC zoning regulations. The “Permitted” Parcels were then sold to developers who in turn built out the sites.
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Profits–Profits-Profits-Profits
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Tangible benefits to the Fountains Community.
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Zero!
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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Next Post “Last bite at the Fountains Apple”
Profit from Parcel E – And Divest Liabilities
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The Fountains Reporter
With all the real crime going on in our community, as the posts above note, Tivoli’s board is still going after petty issues or trying to fine residents for things that don’t even violate the declaration. These violation letters and unjust fines not only divide our community and create the potential for more lawsuits, but they are also actively wasting residents’ money at a time when fees are already too high.
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Did you know how much each violation or fine letter costs us? Maybe Dennis, the President of Tivoli, can tell us. And how many of these violation and fine letters have been sent out in the last two years? We could then compare those numbers with other communities, and I doubt that any other community in the Fountains even comes close. Why is that? Something just doesn’t smell right.
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Did you also know that multiple residents are now considering hiring lawyers, and at least one already has? How much will we end up spending in attorney fees just to fight some frivolous $100 fines that ultimately change nothing—because the resident’s family member or friend was allowed to live in the unit anyway?
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When will Tivoli stop with these petty violations that other communities simply ignore because they truly don’t matter to most residents? Why doesn’t the board focus on HOA fees instead? How much of an increase can we expect?
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Since the President rents their unit, they may not be as impacted by these issues as other members. But these increases matter for many here. If any prior board members were ever late on payments, I’m sure they can clarify that here.
The BOD is so hell-bent on asserting their power rather than dealing with the “real” issues of Tivoli. Countless hours are spent nit-picking the owners. Their actions are costing unnecessary legal fees, which ultimately result in the increase of insurance premiums. Don’t the owners have enough to deal with already?
Having spoken to other Court Presidents, Tivoli, by far, issues the most letters. Each letter costs the community. If the BOD would just ease up on being “condo commandos”, Tivoli will be in a much better financial situation, as well as become more of a community, rather than a hostile place to live.
I am counting the days until I am able to sell my beautiful condo. Tivoli was going to be my final retirement home, but living here is like living in a prison. If the BOD focused on the needs of the community instead of their egos, more people would stay. This BOD needs to go! Let’s get some community-oriented members voted in and these incompetent, miserable members removed.
Rules are rules and if you don’t comply you get fined. this is why our court is the cleanest, best manicured, and friendly court, except for people like you who like to complain.
One of the residents was in full compliance. Why don’t you get your facts straight before commenting? I agree violations need to be addressed. Our rules state an owner who is believed to be out of compliance gets a warning first, then if not in compliance, a fine can be assessed. But when the Board sends an email to an alleged owner in violation, that states the Board was in error and the owner did not violate any rules, then the fine should be erased. I bet you didn’t know the Board was at fault and not the owner.
Those who complain loudest have the most to hide and are most likely the guilty parties. What doesn’t smell right is the attack you and a few others seem to feel is justified against the Tivoli Board. Per ALL Rules and Regs in ALL communities no one is permitted to move into a unit without approval as I have spoken to many Board members from other communities also. I would say for the most part people in Tivoli are happy. It is usually just a few who create havoc by making false statements here on the blog. It is a shame that you are leaving Tivoli but you have spoken of it for many years and have not lived here for quite some time.
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The Board has tirelessly concerned themselves with figuring out a plan to ease the pain of the HOA increase since Reserves have not been collected for far too many years. Remember the Board members are residents also and what effects you effects them. Please, you and your friends run for the Board if you think you are those community oriented people. But beware of residents like you who suck the heart out and make you those “incompetent miserable members”. And please don’t forget that it is a voluntary position where you receive calls, emails and text messages at all hours of the day and night and on holidays and birthdays and days of celebration and the Tivoli BOD respond to them all.
Tivoli Resident & “All” Fountains BOD members
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Who becomes a BOD member?
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Simply stated:
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• Individuals with the Best Intentions
• Individuals Seeking influence in the Community
• Individuals Seeking Change
• Individuals Seeking Fulfillment
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The Fountains Residents Network Blog, has in the past, posted articles associated with “Fiduciary” responsibilities of HOA and Condo Associations BOD’s.
Regrettably, the “FCO”, unlike other professional PM Companies fails to address this important issue when orientation is provided to a newly elected Board member, or provide updates in changes to Florida Statute that impacts “Fiduciary” responsibility.
Be that as it may, here are some things to consider.
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The Homeowners’ Association Act (Ch. 720 Fla. Stat.) provides “The officers and directors of an association are subject to §617.0830 and have a fiduciary relationship to the members who are served by the association.” The Condominium Act (Ch. 718 Fla. Stat.) similarly provides, “The officers and directors of the association have a fiduciary relationship to the owners.”
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Still, though, there is no express definition of the term “fiduciary relationship” set out in either piece of legislation.
With that in mind, let’s take a look at some of the more common definitions of the term “fiduciary,” including the following:
• A fiduciary relationship is a relation between two parties wherein one party (fiduciary) has the duty to act in the best interest of the other party (beneficiary or principal).
• A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties. Typically, a fiduciary prudently takes care of money or other assets for another person.
• A fiduciary duty is a relationship in which one party places special trust, confidence, and reliance in and is influenced by another who has a fiduciary duty to act for the benefit of the party.
• Most importantly, and germane to this discussion, a fiduciary is a person or organization that acts on behalf of another person or persons, putting their clients’ interests ahead of their own, with a duty to preserve good faith and trust.
From all of this we can glean that a good community association board member puts the interest of their association well above their own personal interests.
Should this not be the case, options are available.
• Organize and Vote them off the Board
• Organize and have the Board remove the offending member
• Run for the Board and become an “Agent of Change”
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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 – Excellent advice
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Residents in another community already took action, Dennis is no longer on the board of his primary residence. People have had enough of the drama!
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He is now serving as President of Tivoli—even though he does not live here. Tivoli residents should be asking themselves: Why did Dennis suddenly come here to seek power instead of serving in his own community?
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He hadn’t attended Tivoli board meetings for years before suddenly becoming President and had shown no interest in Tivoli’s affairs prior. His sudden arrival on Tivoli’s board seems to coincide with his departure from his previous board. What is his real motivation?
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At Tivoli meetings, Dennis is often seen pounding the gavel—frequently shutting down questions from residents, stifling open discussion, and showing blatant disrespect. This kind of dictatorial spectacle is unnecessary, intimidating, and completely at odds with what Tivoli should stand for.
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It’s time for Tivoli to follow the example of his own community and take back control.
Then run for the board, genius
Why doesn’t Dennis, the president of Tivoli, run for the board of the condo where he actually lives?
As another Tivoli resident stated above, multiple residents have put or want to put their units up for sale because of this board’s actions—nobody wants to be “living in a prison.”
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Apparently, there is now a second lawsuit—this time between a resident and a board member’s spouse. Reportedly, another resident is also sending a letter from their lawyer.
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But Dennis either can’t hear it or simply refuses to “ease up on being condo commandos”, despite his prior experience at his own condo. How bored can he really be to do it all over again at a place where he doesn’t even live?
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He reads the blog, so why can’t he answer:
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* How many violation and fine letters have been sent out since he became president?
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* How much does each violation or fine letter cost us?
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* How much has Tivoli spent on related legal fees?
MOVE
Stan, read the prior comments. People are moving out, and others can’t even sell because of the high fees. Stop this embarrassing deflection and start answering the questions residents are asking.
Residents are putting their units up for sale because of the rise in HOA fees, new Sate laws and home prices falling in 3+ story condos not because of the Tivoli BOD. This is no fault of the current Board but previous Boards who wouldn’t increase fees for fear of not being re-elected or “still alive when the money would be needed”. So now, years later after consistently waiving reserves the BOD is caught up trying to abide by new State Statutes and also trying not to break the bank for our current 55+ Residents, some who have lived here forever.
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As to your misinformation of a current Board members spouse being sued you regrettably have received the incorrect process of what is occurring. My suggestion to you would be to go to the parties involved and ask the question of what they are BOTH having to abide by. There is no lawsuit.
Does anybody know if the associations that are not part of the FCO will be “allowed” to vote on the agreement with Concert on August 7th?
Answer:
First, the August 7th Meeting is cancelled and will be rescheduled after the “EXHIBITS” are made available for review by membership.
Second,FCO Non-Members will not be allowed to vote per FCO Governing Documents.
Non-Members will only allowed to speak at the discretion of the Meeting Chair, i.e. Bernard Ciancanelli, FCO President, Per Ron Tennyson, FCO attorney.
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The Fountains Reporter
Fountains Subscribers
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A recent internet purchase identified a Palm Beach County Sales Tax on the invoice. HERE IS WHY!
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Palm Beach County collects a sales tax on merchandise purchased on the internet when the merchandise is delivered to a Florida customer
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Here’s how it works:
• Sales of taxable tangible personal property delivered to a Florida customer are subject to sales tax, regardless of whether the purchase was made online.
• Since July 1, 2021, Florida law requires businesses making remote sales into the state to collect and remit sales tax if their taxable remote sales exceeded $100,000 in the previous calendar year.
• Additionally, marketplace providers like Amazon and Walmart are required to collect and remit sales tax on sales they facilitate for sellers for delivery into Florida.
• If an out-of-state seller does not collect Florida sales tax on a taxable internet purchase, the customer is still required to pay the corresponding use tax. The use tax applies to purchases where the sales tax wasn’t paid at the time of purchase and the items are used or consumed in Florida.
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Note: Digital products delivered electronically are generally exempt from Florida sales tax. However, if a digital product is delivered on a physical item (e.g., a CD or USB), it becomes taxable.
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The Fountains Reporter
Fountains Community Veterans
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WASHINGTON — The Department of Veterans Affairs today announced it will improve Veterans’ access to health care by extending the length of new VA community care authorizations to one year for 30 standardized types of care.
The change means Veterans referred by VA to community care for eligible standardized types of care will receive 12 full months of uninterrupted treatment at VA expense before having to obtain a VA reauthorization.
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Veterans will benefit from uninterrupted access to essential specialty services, allowing them to focus more on their health and less on navigating administrative requirements. Community providers will be empowered to manage care with fewer administrative barriers and greater flexibility.
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Prior to the change announced today, some VA community care specialty referrals were reevaluated every 90 to 180 days, increasing the likelihood of interrupted or delayed care.
“No Veteran should have their health care disrupted by red tape,” said VA Secretary Doug Collins. “This change means better continuity of care, which leads to better health outcomes. It also improves convenience for Veterans and cuts administrative work for VA staff and community care partners.”
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With today’s announcement, VA is now offering year-long community care authorizations for the following standardized types of care:
• Cardiology
• Dermatology
• Endocrinology
• Neurology and Otology
• Otolaryngology or ENT
• Gastroenterology
• Urogynecology
• Addiction Psychiatry Outpatient
• Family & Couples Psychotherapy Outpatient
• Mental Health Outpatient
• Nephrology
• Neurology
• Nutrition Intervention Services
• Oncology and Hematology
• Neuro-Ophthalmology
• Oculoplastic
• Eye Care Examination
• Optometry Routine
• Orthopedic Hand
• Orthopedic General
• Orthopedic Spine
• Pain Management
• Podiatry
• Podiatry DS
• Addiction Medicine Outpatient
• Pulmonary
• Physical Medicine & Rehabilitation (Physiatry)
• Rheumatology
• Sleep Medicine
• Urology
Veterans are encouraged to contact their local VA Medical Center Community Care Office for questions to see how these new updates may affect their care.
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The Fountains Reporter
in Reply to Question
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Concert/Ridgewood and the FCO Board would be making a big mistake if they made that move. The 8 Courts represent 932 doors.
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Rod Tennyson, the FCO attorney, claims that only the 11 Courts that have signed the 3-Year Property Management Agreement will be eligible to vote. Rod mentioned a “FCO Master Property Management Agreement – The Fountains (Non- Members),” but it has never been heard of nor signed (to our knowledge).
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The FSPOA signed a 3-year Property Management Agreement for the years of 2025, 2026, 2027 (even though the POA is NOT obligated to do so). The 10 Courts in the South are members of the POA, therefore, the FSPOA should be a primary party to any negotiations and any resulting Agreements between Concert/Ridgewood affecting FSPOA roads, the South Gate, and common community property. Currently, three South Courts (Atrium Homes, Milan 1, Milan 2) who employ GRS as their property manager are members of the FSPOA.
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Because there is confusion between the two separate entities of the FCO BOARD and the Fountains Condominium Operations Inc. (which is merely a property management company), perhaps it is time for the FCO Board to be renamed THE FOUNTAINS NORTH & SOUTH COMMUNITY BOARD, which will represent all 19 courts.
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Fountains Condominium Operations Inc., and GRS Community Management will simply serve as property management companies representing their respective community.
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Fountains Subscribers and interested Parties
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A reliable source has provided this reporter with an e-mail communication that included 19 recipients.
The questions, asked about a legal opinion letters, should be answered before any further FCO actions are considered.
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E-mail:
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“Bernard Ciancanelli, President FCO, Et Al
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Greetings,
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Hopefully the intention by copying individuals went beyond a simple advisory, but also an invitation, seeking comment.
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For transparency, during the last decade, I have moved from a “documented” ardent supporter of the FCO, to questioning how it has transitioned, unrecognizably, into what it is today. Obviously, I am not alone as membership numbers have continue to decrease substantially.
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First and foremost, the very long-term uninterrupted relationship between Rod Tennyson, ESQ. and Debbie Poulette, Retired FCO ED/CAM, not only solidified her “indispensable FCO status” but also ensured Tennyson’s ongoing tenure in providing unchallenged legal guidance to the company. Unhealthy at the best and corrosive at the worst. No more need be said.
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This symbiotic relationship has been viewed by interested parties as “Rubber Stamping” FCO initiatives. Often by “reported phone calls”, to Debbie, FCO leadership, as well as e-mails that also often appear, just prior to FCO meetings, and were then read to those in attendance, supporting an agenda item before the BOD, that day.
Not surprisingly his recent e-mail to you is reminiscent of this past practice supporting FCO Leadership positions.
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Questions.
· Has Tennyson ever written a Formal Legal Opinion Letter why the FCO, under the umbrella of a Master Property Management Agreement, has the legal authority to commit member association homeowners to the agreement proposed by CGP?
· Has the FCO obtained a Legal Opinion Letter from any legal firm licensed to practice in Florida that would lead the FCO to believe that it can take on the significant Liabilities & RISKs associated with acquiring assets from CGP, i.e. Buildings, Roads, Land, Bridge, etc. via purchase/donation?
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For those copied on this e-mail, and anyone unfamiliar with a Formal Legal Opinion Letter from lawyers, it is issued in letter form, expressing legal conclusions about or legal analysis of a transaction or matter and relied on by the addressee of the opinion. The main purposes of a legal opinion are:
• To inform the addressee (“FCO”) of the legal effect of a transaction or matter.
• To identify legal risks that the addressee (“FCO”) should consider further and evaluate.
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The opinion should include a clear introduction, a detailed description of the relevant facts, an analysis of applicable laws and regulations, and substantiated conclusions and recommendations based on that analysis, along with any limitations or assumptions made.
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With all due respect, the e-mail suggesting that the BOD of the FCO conditionally (absent of Exhibits) approve a “Binding” (on the part of the “FCO”) Agreement, does not even reflect the minimal requirement and exposes the lack of or due diligence re: Legal Effects/Legal Risks.
Thank goodness that the August 7th meeting has been cancelled in lieu of final exhibit availability required by “confused” citizens.
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Question:
· Concert has a small army of very well compensated attorneys at their disposal and has literally two (2) years to prepare the Exhibits, much of which is merely “Cut & Paste” from the original Purchase and Sale Agreement for the FCC Assets and similar agreements for disposal of Parcel D, and transfer of land to their LLC’ throughout the Fountains. Why any delay?
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I suggest the delay is not the choosing of CGP/Ridgewood.
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Are there potential Repercussions from the Fountains Community rejecting the Proposed Agreement?
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Are there potential Repercussions the Fountains Community can inflict on CGP/Ridgewood?
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Is there a win-win-win solution?
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Be safe!
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Respectfully,
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Richard B. Ward, All Fountains Resident Advocate “
————————————————————————-
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.
The Fountains Reporter
While the cat is away the mice will play!
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Fountains Condominium Operations Inc.
“Sells You Out”
To Replace Lost Membership
-AND-
Cancels FSPOA Purpose
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Agreement excerpts:
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“Imposed FCO Membership”:
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Following the later of any new Property Owners Association, Homeowners Association, or Condominium Association (any of which is hereinafter referred to as “POA”) for development on Parcel E or one hundred and twenty (120) days following issuance of the first building permit for a dwelling unit on Parcel E, the POA shall become a member of the FCO upon the same terms and conditions as all other members of the FCO at the time of membership, as stated in the attached Exhibit B in FCO Master Property Management Agreement (“Management Agreement”). The POA declaration shall include a reference to the Management Agreement confirming the POA’s acknowledgment thereof. Any POA draft declaration shall be submitted to the FCO for review at least thirty (30) days prior to its recording in the public records.”
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On August 7th 2025, the Fountains Condominium Operations, Inc. the Not-for-profit Property Management Company “FCO” was(is) attempting to sell your property ownership rights, while two of its Member Associations, Versailles Court and Luxemburg Court, leverage your unawareness of how this can be happening, while directly benefiting their individual Association, at your cost.
“WHEREAS, Concert seeks the cooperation of the FCO and its Board of Directors not to oppose the proposed project before Palm Beach County; and
WHEREAS, Concert’s proposed development will impact the Fountains Community with increased traffic resulting in impacts to its roads, security and other Community Services and the FCO desires to limit as much adverse impact as possible to the Fountains before the FCO can integrate the proposed new development into the whole community for the common good.”
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The FCO and the two Associations have convinced Concert Golf Partners “CGP” that they have the legal right to enter this Agreement, bind its remaining Membership to the Agreements Terms and Conditions, that include the Assumption of millions of Dollars of Liabilities and Tremendous uninsurable Risks.
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In essence, in this Agreement, they (FCO/Luxemburg/Versailles) are attesting to the fact that all FCO Associations and FCO “Additional Associations” have agreed to the “Terms & Conditions” and their members will not oppose the development of 350 (356 in agreement?) units on parcel E. This number of units will require multiple Palm Beach County Public Hearings during the permitting process giving interested parties the ability to diminish unfavorable impacts and obtain favorable concessions.
The number of hearings on a “PUD” can be increased based Public and Stakeholder engagement and concerns related to the project.
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Are you prepared to allow CGP representatives to control the narrative and dominate public hearings for their benefit?
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Moreover, the “FCO” and these two Member Associations, have for over a year publicly denied negotiations with CGP yet another version of the Original “Corporative Agreement” rejected by the community, has once again surfaced.
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Are you ready to forfeit your “Constitutional Right to Freedom of Speech” in order to confirm to FCO pronouncements and claims?
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Are you prepared to turn a blind eye to the illegality and actual ability of the FCO to fulfill conditions of the Agreement?
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Are you prepared to let someone else exercise your Property Rights?
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Question: Have you knowingly assigned your power of attorney to the “FCO” allowing them to commit you as an individual, to a Contractual Agreement you have never even seen?
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Moving on:
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Brian Flores, FCO ED/CAM. June 24, 2025, e-mail.
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“Dear Fountains Community Court Presidents,
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I hope this email finds you well and enjoying your summer.
Please find attached the final draft of the Concert Agreement that Rod, Bernie, and I have agreed to as the best deal we can get from Concert after months of negotiations and numerous drafts. We do not recommend any further changes.” The attached 11 exhibits are currently being drafted by the attorneys of the respective parties and will be available for review prior to the meeting. We have tentatively scheduled an FCO Board meeting for August 7th to discuss the attached final draft. Your attendance at this meeting, as with all FCO meetings, will be appreciated.”
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However, no Exhibits were attached, but a promise for them to be available prior to the August 7th meeting was made. To date, August 13th, 2025, no Exhibits have been made available to the members at large.
Also, Ron Tennyson has stated that the Exhibits are being drafted by Concerts lawyer’s, i.e. Brian M. Seymour, Esq. 777 S. Flagler Drive, Suite 500 East West Palm Beach, FL 33401, and would not be available on August 7th.
Stunningly, Flores, July 28, 2025 notice of a Regular Meeting of the FCO Board of Directors states: (1) Discuss the Concert Agreement, and (2) Vote on Concert Agreement by FCO Board of Directors, again contrary to the June 24th e-mail notice.
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Oh really!
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Property Acquisition Repercussions:
By acquiring CGP property, structures, and roads no longer useful to CGP, via donation/purchase, the FCO will be accepting responsibilities for all costs associated with ownership. Not mentioned in the Agreement is the Fountains Drive South Vehicle Bridge and Golf Cart Trestle structures owned by CGP.
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The FCO Not-for-Profit Property Management Company is attempting to commit to a lease of maintenance space in a new CGP Building (some 1,000 SQ. Ft @ $ 10.00 per Sq. Ft, initial base rent) for 15 years ($150,000+) with three 5- year options (total $300,000 +).
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The CGP Maintenance Facility.
• It is Concert’s intention that Concert will construct, at Concert’s sole cost and expense, a new golf maintenance facility near the current location of what is commonly referred to as the “Sports Complex” located on Parcel E.(Sports Complex is not located on Parcel E) Within sixty (60) days following commencement of construction of the new golf maintenance facility, the Parties will meet to identify appropriate space, not to exceed one thousand (1,000) square feet, that FCO may use within the new maintenance facility, subject to mutually agreed upon commercially reasonable terms in a lease to be entered into between Concert and FCO within sixty (60) days following completion of the new golf maintenance facility. Among the commercially reasonable terms, the referenced lease shall be for a minimum of fifteen (15) years with three (3) options for renewal at FCO’s option for a term of five (5) years each, with the initial base rent starting at ten dollars and no/100 ($10.00) per square foot per year.
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The FCO Not-for-Profit Property Management Company has, for the purpose of this agreement, named themselves agents acting in the interests of the Fountains South Property Owners Association “FSPOA” by agreeing to future changes to the Properties owned by CGP south of the Lake Worth Drainage District canal, i.e. #14.
The current BOD of the FSPOA has not responded to requests for a special meeting for a BOD “Position Statement” on the Development of Parcel E that will have dramatic negative impacts on its membership along with future development of Parcel A.
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Proceeds for Capitulation:
• Payment to FCO. Within ninety (90) days after Concert has received all final permits and approvals from all applicable governmental authorities and commences construction on the site infrastructure for Parcel E (which start of construction shall include excavation on Parcel E), Concert shall provide the FCO the sum of One Million and No/100 Dollars ($1,000,000.00) for
FCO’s use in its sole and absolute discretion.
• Per Lot Fee Paid. Within thirty (30) days following the closing of each newly constructed home, including townhomes, to a third-party purchaser, Concert or its assigns will pay to FCO $7,500 per home, such that the total amount paid is estimated to be $2,625,000 based on three hundred and fifty (350) homes.
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• Conveyance to Luxemburg Court. Within one hundred and twenty (120) days following issuance of the first building permit for a dwelling unit on Parcel E, Concert will begin demolition of the building on the Craft Hall property, as legally described on Exhibit G, and upon completion of such demolition the property will be graded and grass planted. Once the foregoing demolition, grading, and grass planting are complete, Concert will convey by Special Warranty Deed fee simply title to the Craft Hall property to Luxemburg Court. Simultaneously with the conveyance, Concert will obtain, at its sole cost and expense, a title commitment for the Craft Hall property and provide the same to Luxemburg Court. The Special Warranty Deed for this conveyance shall be recorded substantially in the form of Exhibit J. This paragraph 4 and paragraph 5 and support of Concert’s “Proposed Development” are the only provisions concerning obligations between Concert and Luxemburg Court.
• Landscape Buffer. The Proposed Development shall include a sixty (60) foot landscape buffer along the boundary of Parcel E and Luxemburg Court.
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• Approval of Versailles Court as to Building Restrictions of Concert Development. Versailles Court shall be a party to this Agreement for the limited purpose of its agreement and support of the development of Parcel E, including this paragraph 15, which concerns obligations between Concert and Versailles Court, which shall include a minimum buffer between the properties of sixty (60) feet (the “Buffer Area”). This Buffer Area does not include any aboveground structures and would be located between the Versailles property line and the rear property line of all Concert proposed single-family or town homes located adjacent to Versailles. The Buffer Area will be used solely for landscaping, berms, drainage, and other similar uses. Concert will follow Palm Beach County minimum regulations for the Buffer Area. Concert shall include any additional enhancements to the Buffer Area at its sole and absolute discretion.
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• Covenant running with the land.
Blah, Blah, Blah…. This covenant shall benefit the FCO and POAs and shall not be construed to be for the benefit of those parties and any of their members or owners within The Fountains.
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Ratification:
FCO represents and warrants that as required by its bylaws, a majority of the FCO Board of Directors consisting of the Presidents of FCO Member Associations, at a duly noticed meeting under the bylaws have ratified and agreed to the terms of this Agreement as part of the FCO process for approval of such agreements and further that the FCO represents and warrants that all associations within the Fountains are included within the meaning of the two defined terms, Associations and Additional Associations. The FCO further represents that both Luxemburg Court and Versailles Court were among those who voted in favor of this Agreement. Note: The “FSPOA” is never mentioned in this agreement.
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No Third-Party Beneficiaries:
This Agreement is intended for the benefit of the Parties and their respective successors and permitted assignees, and is not for the benefit of, nor shall any provision hereof be enforced by, any other person, including but not limited to FCO Members and property owners within The Fountains.
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Summary:
To date CGP LLC. has contributed little or nothing to the property owners at large of the Fountains Community.
The decision by CGP to sidestep their normal Golf Club Business Operations, sell off property assets, and reap even more profits from establishing a joint venture with Ridgewood to permit additional residential development of the remaining land has been financially rewarding. Yet this venture has had extreme negative impacts and some are even memorialized in the subject Agreement.
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However, the most significant have gone unrecognized and lost from any consideration.
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The predominantly Senior Gated Community Characters, even recognized by Palm Beach County, have been lost forever.
• The emotional stress on lifelong residents equates to nothing less than “PTSD”.
• The unwillingness to recognize the need for contributing to “Offsite” improvements placing additional burdens on the Community is unconscionable.
• Roads owned by CGP are in desperate need of milling and resurfacing yet they attempt to transfer ownership and the associated liability to the Fountains Community that has already contributed Approximately $ 280,000.00 dollars to the FCO for that purpose. CGP charges the Community for the use of the roads under an agreement with the FCO.
• CGP has benefited from the used of the Jog Road “South Gate” and Roads owned by the FSPOA. Access for non-resident membership and the Roads to carry out business conducted at the “Sports Complex” they own.
• No fees are collected by the FSPOA whereas CGP charges the FCO rent for the Lake Worth Gate that is included in the $ 8,000.00-Dollars per month ($96k annually) for the four structures, i.e. Fountains (Paulette) Hall, FCO Offices, Craft Hall and North Gate.
• CGP contributes nothing directly to the Fountains Security although they rely on Security Guard Patrols to address issues in their Property.
They do however pay monthly assessments to Plaza Court for the two condominium units they own, i.e. Fountains (Poulette) Hall and FCO Commercial Office Building.
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Conclusion:
It has been estimated that the long-term liabilities of this Agreement far outweigh the benefits by at least a factor of three to one.
Absent of a crystal ball, will CGP move forward with permitting 350 units without an agreement, reduce the foot print of Parcel E to accommodate less than 200 residential units streamlining the PBC Permitting Approval Process, Sell Parcel E to a Developer, or some combination thereof, remains a mystery.
Whatever the move by CGP, it is essential that you exercise your rights, personally or by proxy, and contribute to this process in some way or be faced with the consequences.
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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
Stanley said: “Rules are rules and if you don’t comply you get fined.” That’s simply false. Some owners have been fined for things that are nowhere in our documents.
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-One owner got a violation letter to replace a spring on a screen door—claimed to be a rule violation. It’s not in our rules.
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– Another: Board member Susan set off fireworks, yet only another resident was fined for same. Fireworks aren’t banned in our rules.
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– Another: Concerned resident posted example above too, then there is a Red Riding Hood story. And there are many more.
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Stanley also claimed: “This is why our court is the… friendliest court, except for people like you who like to complain.” Well, let’s look at how “friendly” it really is in Tivoli:
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– A resident just out of the hospital allegedly got a violation letter for parking crooked after passing out in their car. “Friendly” would have been helping them park, not sending violation letters to them.
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– A friendly board president doesn’t bang a gavel to silence questions and prevent discussion.
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– A friendly board doesn’t rip out blooming bushes enjoyed by the community just to settle personal scores.
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– A friendly board member doesn’t call 911 on a resident for taking pictures of a building.
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– And a friendly community doesn’t have multiple lawsuits going.
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– And as for Dennis—if he’s so beloved and “friendly,” why is he no longer on the board where he actually lives? Did his neighbors finally have enough? If he’s such a gift to a community, why not serve the one he and his wife call home instead of parachuting into Tivoli to play “condo commander”?
To: Nobody Likes You
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Make every effort to confirm what your are reporting from reliable sources and where possible avoid character assignations.
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If you are passionate about the Governance, Rules and Regulations of your Association, and you can determine the desire for change in the Community, direct your energy to make change happen.
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Simply put, without a commitment to effect change, complaints will fall on deaf ears. You will be seen as a malcontent with nothing to offer as a solution but only be part of the problem.
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Memorialize what you believe should change and begin a campaign to establish alliances within your Community to support your vision.
Become a recognized knowledgeable and truthful community influencer.
Influencers can affect change without ever serving a day on a BOD.
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Get others excited about change. Excitement can be contagious and addictive.
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Best wishes!
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The Fountains Reporter
Yes. Rules are Rules. The resident who received a REMINDER LETTER for a broken screen door was asked to fix it so that it would close securely. You might ask why??? Hurricane season is upon us. Since that Resident is a snowbird and has never experienced hurricane force winds which can rip a screen door off its hinges if not secure and wind up hitting a person or vehicle or becoming a projectile through a window. It is in ALL ByLaws of ALL Communities “Unit owners are responsible to maintain windows, front doors, screen doors and utility doors uniformly and in good order”
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Moving on to the next statement… Perhaps a Board member did shoot off fireworks early one evening but I believe that was not the issue with the Resident fined with a noise disturbance at 1:00 in the morning when multiple residents complained to Security and Security was called to that townhouse residence and asked the participants to stop and they did not. Please refer to the Security Report on file at the FCO office.
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Let’s continue… The Resident who received a letter about irregular parking was perhaps bad timing but nonetheless was not the first occurrence. This Resident continually parked irregular, even when well, with the Board and Security receiving complaints from other residents who found it difficult to park in the spot next to this homeowner.
Blooming bush was old, dying and overgrown.
Resident taking pictures was walking behind buildings at 8 in the morning while first floor residents were still wearing comfortable attire and drinking the first cup of coffee on their lanai not expecting someone to walk closely by their units snapping photos of??
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And there is one ongoing lawsuit(which is public for viewing) into its 3rd year and that one only since this Board was elected.
So my suggestion would be to take the advice of the Fountains Reporter “Make every effort to confirm what you are reporting from reliable sources and where possible avoid character assignations”
Fountains Residents Under Stress Take a deep breath!
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August 15th is National Relaxation Day
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Sean Moeller founded National Relaxation Day in 1985 as a fourth-grader. In an interview with Valerie Monson in The Des Moines Register Sean suggested people shouldn’t do anything of real value. Cleaning and real work are not part of relaxation.
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August 15th Celebrated History
1843
Tivoli Gardens opens in Copenhagen, Denmark. The amusement park is the second-oldest running amusement park in the world.
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1914
Julian Carlton sets fire to Taliesin, the home Frank Lloyd Wright shares with his mistress, Mamah Chaney. Carlton and his wife were working as servants in the home and the blaze killed seven people, including Chaney and two of her children.
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1914
The Panama Canal, connecting the Atlantic and Pacific Oceans opens to traffic.
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1935
A plane crash near Point Barrow Alaska kills aviator Wiley Post and humorist Will Rogers.
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1965
The birth of stadium rock begins when The Beatles perform for a crowd of 60,000 at Shea Stadium in New York.
1969
The three-day Woodstock Music and Art Fair opens. The festival hosted 32 acts and an estimated 1/2 million attended the fair.
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Birthdays:
Napoleon Bonaparte – 1769
The French military leader and emperor rose to power during the early 17th century.
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Elizabeth Bolden – 1890
When Lizzie Bolden died at the age of 116 years and 118 days, she had lived through 21 U.S. Presidents. At the age of 30, the passage of the 19th Amendment would provide Bolden with her first opportunity to vote in a Presidential election. The supercentenarian was the oldest living person in the world at the time of her death.
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The Fountains Reporter
Fountains Community
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The Altis Blue Lake Public Civic Site Future Development
I have e-mailed the FCO and GRS Community Management for their assistance in notifying the community about the development of the Altis Blue Lake Public Civic Site.
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E-mail
Brian Flores ED/CAM FCO & Kevin Quinn, Chief Executive Officer, GRS Community Management
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Good Monday afternoon!
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I wish to inform the Fountains Community, by all means available, that the Altis Blue Lake Public Civic Site will be developed.
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Please take the necessary steps to inform the FCO & GRS (Fountains) members that the efforts of the 2023-2024 FSPOA BOD has produced a fruitful result.
The Blue Lake Civic Site, resulting from the Development of 318 Workforce Rental units, known by the Fountains as Parcel B, is in the process of becoming a Multicultural Resource Center.
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This is not only a wonderful use of the property but also insures proper landscaping maintenance but even more significant addresses a major physical security void in what was once a Gated Community perimeter.
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THE COMMUNITY FOUNDATION FOR PALM BEACH AND MARTIN COUNTIES, INC., a Florida non-pI. and Palm Beach County will be making this project a reality.
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This will be the first “soft” benefit, (unintentional) to the Palm Beach/Greenacres Community’ at large, from the acquisition of the Private Fountains Country Club by Concert Golf Partners.
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On July 30th, 2025 I received the following email.
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“Good afternoon Mr. Ward,
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I hope this email finds you well and that you are enjoying our Florida Summer!
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I am sending you a brief note to share that the Board of County Commissioners (BCC) has approved the future use of the civic site: a Multicultural Resources Center. You can find relevant details by clicking on this link: 3H4 (see item “C” listed under the Motion section of the item).
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Please note that the civic site has yet to be conveyed to the County, our team continues to work with the developer towards completing said transaction. Nonetheless, while that work is ongoing, it is exciting to know that a use to further support the community’s needs has been identified and approved.
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As a reminder, you can always visit our Open Projects Page (Facilities Development & Operations Open Projects) for updates on this initiative and other key projects under our purview.
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Please, feel free to reach out if you have any questions or if we can be of further assistance.
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Cordially,
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Isamí C. Ayala-Collazo (pronouns: she/her/hers)
Assistant County Administrator
301 North Olive Avenue, Suite 1101
West Palm Beach, FL 33401
Ph. 561-355-4576
Cell. 561-913-8625
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Facilities Development & Operations Director” (End Quote)
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Brian and Kevin, thank you in advance for your attention.
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Sincerely,
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Richard B. Ward, Fountains Community Advocate -END-
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Friends and neighbors Have a wonderful week!
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Richard B. Ward
The Fountains Reporter,
Thanks for all the suggestions. Everything written here is true to the best of my knowledge. If someone has proof that something is wrong, I’ll post a correction. So far, nobody has been able to show that any of this is false.
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The problem is simple: people are afraid of this board. Many worry that if they speak up, they’ll get hit with violations or fines as payback. Since this is a 55+ community, most folks don’t want the stress and just stay quiet, even if they don’t like what’s happening.
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That’s exactly how the board keeps control. Many residents don’t vote at all, so the same group gets back in by default. Some people have even said they got little “gifts” along with their ballots, to push them to vote accordingly….
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Here’s another trick: they run a board member who doesn’t even live here and has no desire to participate, just to block others from getting in. Then a few months later, that person quits for “not participating.” Next year, they do it again.
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This blog is our way to fight back. Many of you read it, and it’s important to know you’re not alone. If we stand together, we can stop the bullying and stop the endless stream of unfair violations.
Again my suggestion is to take the heed of the Fountains Reporter. Do Not Accuse Board Members of receiving gifts for votes. That is a serious accusation. One that would have serious consequences. No one on this Board ever ran without good intentions. In a 55+ community sometimes life gets in the way of hopes and dreams of life in retirement.
And Ms Sennett… your comments do not deserve a reply or answers. A reminder… you created the Grievance Committee when you were President. And when you were President you encouraged fines.
Your numbers are way off and made up. There have been 7 Fine Notices and 43 Reminder letters sent out this year. Reminder Letters are the way this Board operates for a large community of 175 homeowners.
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So how about you all give up on bashing Tivoli Court and leave the blog for the more important issues going on in the Fountains as a whole that will effect ALL the homeowners. Leave the Blog to the people who furnish us with information that is relevant, enlightening and sure to contribute to the betterment of where we are trying to live peacefully and in harmony with what is going on in the world around us.
I’d like to chime in to clarify things a bit. Tivoli board announced that they have already sent out 96 fines and violations this year. At this pace, it will hit 160–165 by year’s end!
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We have only 175 units, so almost every unit could get a notice. That number is way too high—and compared to other communities in the Fountains, nobody comes close to Tivoli.
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Before this board, violations were never anywhere near this high. Clearly, it’s not the residents who changed—it’s the board that’s gone overboard.
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When I was president, some members of the Grievance Committee pushed me hard to send more fines. I resisted and tried to only issue violations for serious issues—like someone keeping a pet snake outside, or repeat offenders—not small things like irregular parking after a hospital stay. Looking back, I should have pushed back even more, but I tried to get along with the most vocal people in hopes we could all work together.
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This is not how you build a friendly community, Stan, —it’s how you create liability. Too many fines don’t just hurt residents’ feelings —they bring lawsuits, higher legal costs, and falling property values for everyone in Tivoli.
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Hopefully, the board will realize they’ve gone too far and finally tone it down.
The actions that the Tivoli Board has and is taking do not meet the Florida State condo rules.
Inquire from your management company if each Board member has taken the required course as per Florida Statute 718.
In addition, contact the Florida Department of Business and Professional Regulation to report your concerns.
Sorry, I was out of town Sunday evening, and could not comment on the incident I am about to describe that took place at the pool Sunday.
I was walking past our community pool when I decided to glance over the wall to see who was in the pool, and much to my surprise I witnessed a display that I can only describe as total INSANITY. This male individual was yelling, at the top of his lungs at one of our court’s female board member. Not just a regular member, but perhaps the most important and best member we have. He was shouting accusations that can only be described as an act by an insane person, or a person high on drugs. I have no idea which, but this gentleman was out of control.
It was a horrible horrible displays of disrespect for any person.
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I have also found out that he is the person who wheels the baby carriage to the pool to use the barbecue,
After hearing his outburst and accusations I’d like to know if there is any way the court can force this repulsive individual to MOVE.
He is a disgrace and should get on his hands and knees and apologize the our board member.
Tivoli condo board is going OVERBOARD. I have LIVED IN Tivoli court for about 6 years give or take. 4120 building where we all seem to get along. I own two cars and have parked in the same spot in front of my condo. Everyone in this building seam to park in the same spot every day. No problems fighting over parking spots no one complaining.
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I get a violation notice that you can only have one of your cars parks facing your building. Why would a condo board member deliberately go out of their way to enforce this. You know stir up trouble for no reason. I guess it in the bylaws. This is the funny but SAD part no one PARKES IN MY OLD Spot. Its empty every day.
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Nice job condo board
TIVOLI COURT. Can anyone answer my question. We had 3 entrance and exits TO OUR POOL. OUR BOARD DECIDED to barricade one exit with a fence the other exit they locked. Now there is only one way to exit pool area. For OUR SAFETY shouldn’t we be able to have alternative exit from pool AREA. What if that one exit TO GET OUT WAS BLOCKED ??????.
Peter, good questions. I recommend contacting the fire department to find out…
Hi Peter-the reason the board had to close two pool entrances and one only with a key to get in is because teenagers from other courts came into our pool at night to swim.. The other reason is because a homeless man came into our pool a few times to take a shower and sleep on the lounge chair.
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The Tivoli Board had to stop these violations ..my wife and I never parked our two cars in front of the 4110 building because when we moved in 9 years ago we were told the parking rules and regulations which we followed each day…thank you
Lowell, some kids still came into the pool AFTER the locks were installed. They jump over the low fence we have around the pool, so it’s not really a solid deterrent.
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But it is very inconvenient to many residents, as they have to go all the way around to access or exit the pool.
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Maybe the solution is to install a lock on that door on the other side of the pool to make it more convenient to residents at least?
Yelena that would sure solve the problem. Very simple solution.
Yelena. 6 of the 7 buildings in the Court face the front of the pool entrance . 4070 is the only one that does not . No need for a second pool entrance .. nobody has complained about teenagers in the pool late at night since the new locks . If you see anyone call security..
Lowell, the amount of false information you keep spreading is astounding — but I’ve got the receipts.
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During the July 14th BOD meeting, the board announced that there were kids in the pool again. In fact, even the July board meeting minutes confirm what I’m saying and state: “There were trespassers that JUMPED over the wall and were using the pool.” This was AFTER the locks were installed — clearly showing they are ineffective.
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I personally saw them while driving home, and later they jumped the white fence. I even emailed the board about it on July 19th.
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Also, anyone can look at Google Maps and see that two full buildings in Tivoli, plus parts of another two buildings, would benefit from a second exit since they are closer to the back of the pool. That’s at least 1/3 of the community. Also, often people don’t want to go through the pool and have encounters like Peter did, and they would rather walk around.
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Multiple residents have complained about this — including Peter above — but you simply don’t want to listen. I myself rather prefer it was opened as well.
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THE board has recently sent out a survey about voting, why not send out another survey to see how many people would like to have that second exit opened?
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But this is probably moot anyway – it’s not even fire-safe for a pool serving 175 units to have only one exit, at the other end of the pool, especially when there is an alternative. All it does, besides inconveniencing the residents, open up Tivoli Ct for additional legal liability. Especially now that it has been so widely discussed and criticized.
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PS. Why don’t you call the fire Department and ask them to come in and check it out? I recall you being concerned about residents safety… Well, this is neither safe nor convenient. It’s just the matter of installing another lock, if you are so concerned with some kinds, who jump the fence anyway.
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Nobody was able to explain why can’t we have another exit, as it has been for almost 50 years prior.
I’d like to note that the board has stated the fire department said it’s acceptable to have only one exit, so it’s not a legal requirement. Nonetheless, multiple residents prefer to use this entrance, and its closure remains a significant inconvenience for many.
“Ah yes, Stan — ‘not just a regular member, but perhaps the most important and best member we have’ — you mean the same board member who’s managed to become the most disliked person in Tivoli by tossing out violation notices like Halloween candy? The same one who tickets others for the very things she does herself? LOL.
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And let’s not pretend anyone was ‘peeking over the fence’ — this post practically screams it was written by that board member herself or one of her two remaining fans (maybe Mrs. Dennis?). If she’s really the ‘best member we have,’ then go ahead and name her and explain what exactly makes her so great. Because from where the rest of us sit, all she’s done is divide the community and waste residents’ money.
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This is the same person spotted prowling around with a flashlight, peering into people’s cars like some wannabe security guard — and now she’s busy harassing yet another resident with a stack of frivolous violation notices. That’s not leadership, that’s obsession. And it’s exactly the kind of nonsense that could drag Tivoli into yet another lawsuit.”
How interesting that Dennis decided to read Stan’s blog post out loud at today’s Tivoli BOD meeting. Could it be that Dennis is Stan? Makes you wonder who exactly was hiding in the bushes in Tivoli…
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Dennis also proudly declared that the ‘most important and best member we have’ is Susan Diglio. Still couldn’t explain why — but hey, if Tivoli BOD ever gives out trophies for sending the most violation letters, Susan’s already polishing hers.
Yelena My name is Corinna not Mrs. Dennis. And you are right, Susan has many friends in and out of Tivoli Court. She works hard for our court each and every day. Sorry to hear that you don’t like that. Have a pleasant day if you can. Corinna
Corinna, I’m not sure if/why your comment was directed at me, as I don’t recall us ever being formally introduced nor do I know your friends. I do recognize that serving on the board is hard work and often thankless — I’ve been there myself, dealing with many complaints and many major issues, including the necessary repairs that helped us pass the milestone inspection. I’ve also assisted Dennis and the board on many occasions (despite the unfair prosecution I’ve been subjected to in the process), such as catching a costly mistake in the insurance appraisal that saved Tivoli hundred of thousands over the years, and more recently working with the SIRS reserves analyst to help bring fees down for everyone. I’ve said before — and I’ll say again — I appreciate the effort the board puts in, so thank you for that. I’m sure the people in your own community, where your husband served, felt the same.
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That said, appreciation doesn’t mean we must agree on everything. I hope I won’t face any further retaliation for some minor disagreements with the board. My comments are always made with Tivoli Court and its residents in mind, as many are simply afraid to speak up for fear of retaliation — and none of them are controversial:
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— Many residents want the second pool door reopened. Some are even uncomfortable using the pool without it. Nobody has given a clear reason why it cannot be restored, especially since it was used for nearly 50 years without issue and the grass was never a problem. If that door were opened, perhaps multiple uncomfortable confrontations could be avoided at the pool.
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— Most residents believe that sending around 100 violation notices or reminders a year (or even half that) — plus multiple cease-and-desist letters to residents — is excessive. No other court in the Fountains comes close to that number. It’s a lot of work and stress, are all of them really important? Cutting back would not only ease tension, but also make the board’s work easier.
“I really don’t know much about you or even what you look like. but from
what I’ve heard and from what I have read Tivoli court should disregard any comments you have, because everything discussed on this blog seems to be as a result of your incompetence as President and negative comments.
STOP IT ALREADY
You cause all the problems, all the lawsuits, all the anger which evidently what you want to do. Lousy painting, crummy tiles, ridiculous rules. STP IT ALREADY, do everyone a favor and MOVE
Corinna,
Now I finally understand what you meant by your statement, “Have a pleasant day if you can.” It wasn’t a wish — it was a warning. And sure enough, this morning Dennis actually came all the way into my backyard, literally just to tell me in person that your name is Corinna. I will remember it now!
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I can no longer stay silent about this. It doesn’t matter how polite or respectful I try to be — the harassment continues. Dennis’s behavior, not just today but for almost three years, is nothing less than retaliation for my disagreements with the board. It’s not just petty — it’s cruel, and more importantly, it’s illegal.
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One example: Dennis once took a hedge trimmer to a beautiful gardenia in my backyard — a plant that had been there long before you ever moved in. He had no idea how to operate the equipment, and he swung it less than a foot from my head. Imagine how that feels — to have someone come that close to injuring you in your own yard on Saturday morning. I was terrified.
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And it didn’t stop there. Knowing how much I care about nature and landscaping, your husband has continuously gone after the things I care most about. For example, he removed a blooming bougainvillea bush that all the neighbors loved. Now he pushes to plant tall bushes that block only our view, while everyone else — including your building — keeps theirs intact. That isn’t community service. That’s a vendetta.
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And the worst part, Corinna? Your husband has even dragged my ** 89-year-old mother ** into this. She has nothing to do with your feud. She is elderly, fragile, and simply enjoys tending to her flowers. Yet Dennis has tried many times — even again today — to take away the bench she rests on while she works in her little garden. Before that, he even demanded she rip out the flowers she planted, while other residents — including your friend, board member Susan Diglio — were free to plant as they wished.
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What kind of people target a defenseless 89-year-old woman who just wants to care for her flowers?
And the rest of the story that Yelena never mentions during multiple times she has told her story is the Sheriff was called as well as PB Fire Department. Why? Because Yelena Sennett’s husband Henry Sennett came to her supposed defense and shoved the older Tivoli President to the ground where he remained until the Fire Department arrived to confirm he was not seriously injured in the fall. When asked by the Sheriff if Tivoli’s President wanted to press charges against Henry Sennett for Battery, apparently the President turned the other cheek so to speak and said No he would not press charges to the dismay of the other residents present.
The Tivoli Board is one of the worst I’ve ever seen. They create drama and do not cultivate what a true neighborhood should be like. People should go out of their way to be sure everyone has an enjoyable community in which they live. A place of peace and solitude, as well as neighbors looking out for each other.
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What I see is quite the opposite. The need to control and disrupt lives is out of control. I have already made a complaint regarding the mandatory classes all Board members need to attend. Some of the Board members and residents need to get a life and stay out of others.
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If I could move in to one of the other Courts, whose Board members and residents actually work together and find ways to bring the residents together to enjoy life and have fun. I certainly don’t enjoy living with a bunch of old, crabby, bored people who have nothing constructive to do, except to create drama.
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Get a hobby for God’s sake, volunteer somewhere, put your free time to do good!
Stan, it’s not true what you say about Peter. I see him at the pool many times – very nice guy! He always cleans up the grill after himself , very friendly, don’t bother nobody.
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I saw Susan drinking alcohol with her friends at the pool, but she sent me a violation.
the board also complains about a very nice italian lady, she has such a beautiful garden, she is very friendly, but the board doesn’t like her beautiful garden for some reason.
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this board are very unfriendly people and not fair.
Resident D then you missed Peter Hagerty at the pool when he was asked to replace the chair he was using as the pool signs request. He then told a board member he pays his HOA fees follow by calling her a BITCH and worse alI witnessed several female residents. I wonder if Peter Hagerty when engaged in an argument with other females refers to them as Bitch, including his wife.
I’ve known Peter for years, and he is genuinely a very nice guy. But he has been harassed by this board member for a while. Nobody wants to be nagged when they go to the pool to relax. Was it really so critical to scold someone over a chair not being perfectly tucked under a table?
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I’ve been called many nasty names while serving as president of Tivoli — including being yelled at in my face by Susan during a public board meeting, and by another board member to the point where security had to escort her away — yet there were never any cease-and-desist letters sent.
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And let’s not forget, another female board member once called a male resident a “rat” and worse while he was peacefully swimming in the pool. So it goes both ways — board members themselves are often the ones being offensive toward residents.
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She also sent Peter a violation reminder for putting trash into a trash bin that stands right next to the grill. This is just insane and pure entrapment. Put a trash can next to the grill only to send a violation notice for using it — how absurd!
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Like I’ve said before, if the back gate had been open, people could have left without having to deal with Susan, who takes it upon herself to police the pool. One time I was simply sitting with another resident when she came over just to remind me to close the pool umbrella when we left — right in the middle of our conversation. I had no history of forgetting to do that.
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Is this kind of policing really necessary? That’s exactly why so many have told me they don’t even want to come to the pool anymore.
Tivoil
What a great way to increase the value of your Tivoil home with all of this talk. Anybody looking to buy in this community certainly would never buy in in your court. Please keep it up it is very amusing.
How right you are.
I’m glad you find this amusing, it’s not so funny to my mother and many other people who live here…
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I wish I knew all this before I moved in.
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I’ve been silent for way too long – no more. You have no idea….
Thank you, Stan, for your kind words. We never had these problems until you no who became a board member. WHAT A SHAME. PLEASE FELLOW RESSIDENTS OF Tivoli FEEL FREE TO POST YOU THOUGHT WE STILLL HAVE FREE SPEACH.
Sorry I meant to thank RESIDENT DDDDDDDD FOR HIS OR HER KIND WORKS. NOT stannnnnnnnn
Everyone in tivoli is upset with this board, they send violations for everybody but themselves.
I saw susan eating at the pool with her family, breaking rules.
They walk around or watch the cameras and look for troubles.
Most of complaints come from one board member.
She just finds stuff that nobody cared or complained about to make herself important?
it’s too much and needs to stop.
Everyone in Tivoli, that’s a BIG number. You must have spent days speaking with everyone, that would equal 175 owners. And you expect anyone let alone everyone to believe your rhetoric. 175 Resident are smarter than to consider your comments
There we go again Everyone all 175 residents.
Yes you can eat at the pool after 4pm under the canopy.
To all recent contributors,
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Under the tab “Why This Blog” there is a statement of the purpose of the blog.
The answers to “Why this blog” are:
– Serve as a forum to discuss issues of interest to the community.
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– Serve as a place where residents can inform the community about real, emerging, and potential issues that may affect us.
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In order for comments to pass editorial standards and be published, the comment must be respecful and courteous. Please observe civility and avoid personal attacks. Criticizing individual neighbors is borderline and discouraged; name-calling and recommending a mental hospital will result in your comment not being published.
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If your comment doesn’t meet the editorial standards, the blog administrator will email you and you are welcome to revise to make it more objective and resubmit.
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Best regards,
Blog Administrator
Hello- the people writing about tivoli court would you please use your name so we know who you are. I live in the 4110 building for 9 years and no one says anything negative to me about the board .I know many people living in the court and very very very few people state a complaint to me about the board .
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You write everyone on tivoli court is upset with the board. NOT TRUE..Who are you concerned resident ? Thank You ..
Lowell, why would you want to know who they are? I’ve already told you multiple times here that people who complain publicly get retaliated against by the board. Just look at what happened to Peter and me — cease and desists or at all the nasty comments they’ve written about both of us.
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And since “Witness for the Prosecution” brought up civility and name-calling, Lowell, do you also remember that board meeting when board members used profanities against you? In a public meeting? Forcing you to resign from the board?
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You keep reading multiple complaints from multiple residents and still state with a straight face that nobody complains, lol. Why should they complain to you in person? You are not even on the board.
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You keep misstating the facts and forcing me to correct you again and again. And yet it never seems to stop you, lol.
Site Monitor,
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A big thank you for contributing so much to the Fountains Community. Both your time and fortune.
I suspect that those that use this platform have no idea what level of commitment is necessary to sustain this independent tool of communication.
Being an open platform is beyond challenging. Filtering out hundreds of worldwide submissions weekly is almost a full time job.
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I am asking other subscribers to step up and conform to the guidelines and make a difficult job more manageable.
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The Fountains Reporter
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.
Tivoli Court’s Peter “Paul Bunyan” Hagerty out did himself at the recent board meeting by expressing himself by referring to board member and the past President as a “prick”, this from now,
Peter “Vote for me to the Board” Hagerty. Peter Hagerty, “ Yes I’ll pay for the tree I cut down, nope I changed my mind, let the prior president, who paid them, let him pay for my responsibility, the sucker.
First name, put on your thinking cap.
someone called not to correct the problems, which could have been brought up at a meeting, but to humiliate and discredit the board, and for no other reason.
Think my friend
Stan, maybe you put your thinking cap on? You need it more…. Lowell, Peter and Yelena were discussing that Tivoli closed 2 pool exits RIGHT HERE on the blog many times. Scroll up and see. It was also brought up at board meetings, but board IGNORED it and now they’re crying wolf that nobody warned them. They think laws never apply to them.. Your board humiliated and discredited themselves and more to come…
The resident who called code enforcement and then walked the Court with them (which is absolutely mind boggling that they were permitted to do this) was not looking out for the welfare or safety of the Court. This person did this out of spite and to keep causing more destruction to our court.
Why didn’t the past presidents YEARS AGO contact code enforcement?
This whole thing was just another cruel attempt to keep attacking the Board.
Red you think you can make new laws? you are a bunch of CLOWNS and bullies! residents can walk in their court with anybody any time , no permission from you needed. What mind boggling is that you don’t understand there were NO VIOLATIONS until this board decided to close 2 pool exits. It’s not legal to have only 1 exit or close them without a permit. Many people told the board, but they ignore good advice and all residents pay… just like now with big fee increase coming. Just stop making things worse here – this board created this problem, just like they did with the trees, stop looking for trouble and fix our budget.
Mr clown. And we all know who you are. Residents can walk any where they want. Residents cannot call code enforcement pretending be a board member and walk the court with the code enforcement person. And the person who did this knows that. It was just another act of being evil.
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How was this allowed to happen? Where was GRS? Why didn’t they put a stop to this? Why didn’t previous presidents call code enforcement 30 years ago?
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Mr.Clown. The person you have attached yourself to needs you because their other toady sold their place and is gone. This person, whom hated you when they were on the board, needs another ally. So they glommed on to you.
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Wake up.
As the person didn’t put your name I don’t know how to call you, let’s go with Ms/Mr Can’t Read and Like to Make Up Laws & Stuff.
See if you can understand….let’s try again…it’s very simple… there were NO VIOLATIONS UNTIL this board decided to close 2 pool exits.
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GRS has nothing to do with it, you make no sense as usual…. stop blaming others for issues THIS BOARD CREATED!!!
It is allowed to happened because it’s a free county! What is wrong with you? People can call and walk with whomever they want.
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I repeat for you – previous presidents didn’t call anything because they didn’t illegally close pool exits!
Previous board also didn’t put an illegal speed bump they had to remove.
Previous board didn’t create this violations but the current Tivoli president and board did.
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Sorry I meant RESIDENT
It’s obvious that someone is using several alias to write on the blog, or is having a friend write them.
Wonder who it could be!
John
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Here is the immediate solution to having civil discourse, the chair maintaining control and making a meeting productive.
An off-duty sheriff or police officer can be appointed as a sergeant at arms for a Non-Profit (NFP) Association meeting, provided the association’s bylaws do not state otherwise.
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Autocrats depend mostly on human nature, which causes most people to avoid conflict and making decisions of any kind.
Finding a common cause that is the basis in forming a working coalition, is the key.
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Law suits should be the final recourse in resolving NFP Association Issues.
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In lieu of a lawsuit, you can influence your condo’s Board of Directors (BOD) through formal documentation of issues, rallying support from other owners, using alternative dispute resolution (ADR), filing complaints with state agencies, and seeking to elect new board members.
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Internal and Community-Based Leverage
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• Review Governing Documents: Your primary leverage is a thorough understanding of the condo’s Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and Florida Statutes Chapter 718. These documents outline the rights and responsibilities of both owners and the board. Actions that violate these documents are your strongest point of influence. You can access Florida statutes online to review your specific rights, such as your right to inspect official records.
• Document Everything: Maintain meticulous records of all interactions, including emails, letters, meeting minutes, dates, and names. Take photos or videos of maintenance issues or safety concerns. Solid evidence strengthens any claim of board failure or negligence.
• Formal Communication and Grievance Procedures: Submit a formal written letter to the entire board outlining your concerns and citing specific violations of the governing documents. Request a formal meeting or a hearing through the association’s established grievance procedures.
• Rally Other Unit Owners: A single voice is easier to ignore than a collective one. Talk to neighbors who share your concerns and gather support. A united front can put significant pressure on the board.
• Attend and Speak at Board Meetings: Use open forums during board and owner meetings to voice your concerns publicly. Encourage other owners to attend and participate.
• Organize a Petition/Vote: If a significant number of owners are dissatisfied, you can organize a petition to call for a special meeting to discuss the issue or, in some cases, vote on the removal of one or more board members.
• Run for the Board: The most direct way to influence board actions is to become a board member yourself. This gives you a vote and a fiduciary duty to act in the best interest of the association.
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External and Formal Dispute Resolution
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Before formal litigation, Florida law often requires or encourages the use of Alternative Dispute Resolution (ADR).
• Mediation: A neutral third party helps facilitate communication and negotiation between you and the board to reach a mutually agreeable solution. Mediation is typically less adversarial, faster, and more cost-effective than a lawsuit.
• Arbitration: This is a more formal process where an impartial arbitrator hears evidence from both sides and decides. This decision can be binding (final and enforceable) or non-binding, depending on the agreement. The Florida Department of Business and Professional Regulation (DBPR) handles certain mandatory non-binding arbitration cases related to condo disputes. You can file a complaint with the DBPR for suspected violations of the Condominium Act.
• Legal Counsel (Consultation): Consulting an attorney experienced in Florida condominium law can help you understand your rights, assess the strength of your evidence, and determine the most effective leverage points. An attorney can also help you navigate the formal dispute processes and draft communications that carry more weight.
External Complaints
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• File a Complaint with the DBPR: The Division of Florida Condominiums, Timeshares, and Mobile Homes regulates associations and enforces compliance with the Florida Condominium Act. You can file a complaint with the Florida DBPR if you believe the board has violated state law. The Division can investigate and impose administrative action.
• Contact the Attorney General’s Office: For serious violations, such as potential breaches of Florida’s Sunshine Laws (which require open meetings and proper notice), you can file a complaint with the Florida Attorney General’s Office.
• Public Advocacy: Voicing concerns in good faith to other owners and using public forums can sometimes pressure the board into action, though you must ensure your statements are factual to avoid potential defamation issues.
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By leveraging these options, you can often achieve your desired outcome without the significant cost and delay associated with formal litigation.
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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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Best Wishes.
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More news to follow
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The Fountains Reporter
Deeper Pockets now controls CGP! Will the new ownership have a bigger appetite for the Development of Parcel E?
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Bain Capital has purchased Concert Golf Partners from Clearlake Capital Group in a deal that could top $1.3B.
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Clearlake first invested in Concert Golf in 2022. It helped expand the upscale golf course and country club company’s portfolio through 14 acquisitions, bringing Concert Golf’s total locations to 39 across the U.S, according to a press release from the company.
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Founded in 1984, Bain Capital is one of the world’s leading private investment firms. We are committed to creating lasting impact for our investors, teams, businesses, and the communities in which we live. As a private partnership, we lead with conviction and a culture of collaboration, advantages that enable us to innovate investment approaches, unlock opportunities, and create exceptional outcomes. Our global platform invests across five focus areas: Private Equity, Growth & Venture, Capital Solutions, Credit & Capital Markets, and Real Assets. In these focus areas, we bring deep sector expertise and wide-ranging capabilities. We have 24 offices on four continents, more than 1,850 employees, and over $200 billion in assets under management. To learn more, visit http://www.baincapital.com. Follow @BainCapital on LinkedIn and X (Twitter).
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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.
The Fountains Reporter
COMEDY SHOW
Sorry I did not know that, however it still isn’t right to bury your neighbors, and cost the court a serious amount of money. Bring it up again and again, but never ever rat on your neighbors, you can only make enemies.
Stan if you did not know that maybe you shouldn’t post so much BS about it. The board CREATED A VIOLATION, residents brought it up many times for months. The board said no violation here and instead they send lawyer letters to shut up residents and yell at meetings. Everybody who goes to meetings, read here and goes to the pool know about it. It is NOT SAFE to have one exit… we don’t live in MAFIA run court or do we???? Calling residents rats,, trying to shut us up, demanding names!…. what kind of people do that? Think!
Just open the doors and leave it alone… it will cost you nothing. Stop wasting our money. Take that to the board!
Dear Mr Comedy Show. At the last meeting you called a board member a prick. You also told a previous board member to perform a vile sexual act on you when you couldn’t use the pool shower because of Covid. And you’re running for the board. SMH
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You ran for the board 4 years ago and got 10 votes. Now that you have a new friend maybe you’ll get 11.
Why don’t you care if/when board member Susan’s husband was harassing a woman neighbour? Did he get 3 months waiting from judge to make sure he stopped? Or when board members curse at meetings many times? You special rules don’t apply to Tivoli board?
Do you care when our fees go up and board refuses to listen to good suggestions?
Cows behind Esedra Court??? Guess fence that was put up was not to stop dumping
Frank, I saw them too … lots of weird stuff goes on within the Fountains community, but hearing cows moo and then seeing a herd of 15-20 cows roam behind Esedra Court was not something I could ever imagine… what’s next???
How long will the cows be on that property?
To all contributors,
Blog administration will be on vacation from Monday to Friday during Thanksgiving week.
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If you have a comment, please post it by Sunday evening Nov 23.
Everyone have a Happy Thanksgiving!
Stan, we all know you’re very cozy with the Board — you practically finish each other’s sentences 😉 — so maybe you can pass along a message for me. Just so we don’t hear later that “nobody told the Board” and they’re shocked and surprised.
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I even tried to bring this up at the Board meetings, but somehow we always “run out of time,” as if a huge fee increase is just… not that important.
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As you probably know, *** I emailed the Board a very detailed list of suggestions *** — a whole novel, with bullet points and everything — on how Tivoli can avoid a massive fee increase. Maybe even NO increase or just a small one.
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*** And guess what the Board said in response?
*** ABSOLUTELY NOTHING!!!
*** Not even a “thanks, we’ll think about it”.
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Why is that, you think?
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And for the neighbors who love to jump on the blog and post nonsense about me…
WHY do you think the Board refuses to even look at ideas that would actually save everyone money?
*** WHY haven’t they replied or agreed to sit down and actually work through these savings for all of us?
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I’ve already worked with our treasurer and the SIRS analyst and we brought our SIRS requirement down from over $500,000 to $341,472 per yer — real savings, not imaginary ones.
A few years ago, I caught a square-footage error in the appraisal and slashed our insurance costs by about $90,000 a year.
Those are just a couple of examples of how I’ve helped our community — contrary to the various falsehoods some people love to spread.
And more can be done. So what’s the hold-up?
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And Lowell — you like to tell people you care about their money. Well, I actually did save them money, multiple times, and I know how to do it again. Are you interested?
And just for you, I’m signing with my real name.
— Yelena
Yelena. Finally you used your name. Should we bring up all the horrific things you did when you were president. At lest remind you you were NEVER elected by the residents to the board. You got in by default. And your whole board quit on you. You weren’t elected when you ran in 2022 and 2023.
So here’s what YOU did when you were president.
Hired a felon without board approval to clean the court. The only thing this perv did were your errands.
Replaced tiles that did not need replacing and look disgusting.
Hired a company Mark one to paint when they weren’t painters and hired an outside company. Mark ones trucks were in our court for 8 month yet you made us believed you just hired them.
Hired people without bids or were out of business
Chose the colors you wanted and had your husband banging at peoples doors threatening them to vote for them.
Doctored all the minutes with your buddy Melissa. Hired GRS without resident approval
I know how much you love to respond MULTIPLE times. Bring it on.
This anonymous post consists almost entirely of demonstrably false and defamatory statements about me. Every material claim has been fully archived and preserved. That is all.
Very true, however you blew the $90,000 on a horrible paint job and a horrible choice of tiles, etc.
So in reality you saved us nothing!
I want to wish everyone a happy and healthy Thanksgiving holiday week with friends and family.
Blog is open for comments
Yeah someone finally put her in her place, but left out a few things.
1- we are not a gated community because she didn’t want the fence behind her house. she felt it obstructed her view.
2- she planted and has trees that are against court policy
3-ver bought the tiles that are stored in the rear parking lot.
I was a guest at the golf club last month and loved playing there.
I was a guest last week at the golf club, not being a member, and can’t believe what has happened to the golf course. It is Gonzo. the tees are sand and the fairways are not even fairways, almost grassless. the greens are still acceptable. OMG what happened in one week. does anyone know or can explain.
I do not know who Claudio is in Tivoli Court. The fence is for security for all residents in Tivoli. Court . Is the fence from Concert Golf .. I have the PBC contacts to talk with to get the fence up. Lowell Levine -4110 resident..
Lowell, why don’t you get your PBC contacts and Tallahassee contacts, etc and put the fence up on Lake worth road where the new townhouse development is within the fountains community, aka court 20? it’s the biggest and only area without a fence. And it’s not in Tivoli ct, which is fully secured. It is also easily accessible from high traffic area of lake worth road. Why do you all not care abut this obvious security breach?
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And while you are talking to them, maybe you can also take care of our cattle problem in the fountains?
There is no fence behind our ex Pres house, It wll spoil her view!
Why waste money – 10k? for all to pay for nothing? Nobody is coming in there! We have security already and nothing has ever happened here!
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And instead worry about who put sprinklers on Concert land – NOT Tivoli property???? Why do we pay for this???
There was no board vote for this, why Dennis wastes Tivoli’s money when he doesn’t even live here!
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Did he pay cash for some other contractors in Tivoli??? is this legal?
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STOP WASTING OUR MONEY ON STUPID STUFF!!!!
Lowell
We must have the fence go all around and it must be installed behind miss perfect’s house ASAP. It’s a security issue that must be addressed immediately.
claudio security issue your so funny. There are so many ways to get into the fountains then FROM behind miss PERFECTS HOME.
Your just jealous MISS PERFECT HAS A PERFECT BACK YARD.
YOUR JEALOUSSSSSSSSSS.
I LIKE THE Name MISS PERFECT.
I believe that all questions pertaining to Tivoli court should be directed to the board and in turn the board can ask GRS at their meetings. This way we can eliminate the costly and time consuming questions being sent directly to GRS. I think that is a great solution to taking up all of GRS’s time.
Anyone want to comment!
GRS is not there for the individual but for the court.
I just heard that D’este is using the same painter that Tivoli used and wouldn’t recommend to anyone. Their president is friendly with our ex president and I heard she did so on her recommendation. If the Pres. of D’este did any research she would have never ever hired them.
What kind of friend is that! where does the responsibility start and end.
What could have been the reason for her recommending them when Tivoli had so many problems and ae still having problems? Let’s think!
If it is true, I just learned about it and not sure if it is true.
Anyone know anything.
I was unaware that the Fountains Country Club became the Fountains Country Club and Cattle Ranch! When did this happen, including a very large BULL?!?
ELB
“Funny, you should ask?”
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HERE IS THE BEEF
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Fountains Parcel A: Palm Beach County Property ID. 00-42-44-27-36-001-0000 is 45.66 Acres is Currently Owned by FCC Associates II LLLC.
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2025 PBC Assessed Value: $ 13,698,360.00
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PBC has collected just 1.2 million dollars in property tax since 2020, (see below) when the property returned to the tax rolls following the sale of the “FCC” (not-for-profit) property assets to Concert Golf Partners.
The tax status remained the same when CGP sold the same “Parcel A’ to GL.
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To reduce PBC RE Taxes, “FCC Associates LLLC” (subsidiary of GL) has initiated the first steps to obtain an Agricultural and Designation by fencing portions of the property for grazing cattle and physically introducing a “cattle herd” onto the land.
Timing, November 2025, is meant to conform to both Florida Green Belt Law and Palm Beach County requirements for designating property as Agricultural.
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To get an Agricultural Land Tax designation in Palm Beach County, you must apply to the Palm Beach County Property Appraiser by March 1st, demonstrating that the land is used for bona fide commercial agricultural purposes on or before January 1st of the application year. The designation reclassifies the land’s valuation from market value to a value based on its income-producing potential, which can result in lower taxes. You will need to submit an application, such as the state’s Form DR-482, and provide evidence of agricultural activity.
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What are the four categories of agricultural land?
The four land-use types: (a) cropland, (b) bushland, (c) grazing land, and (d) conservation land.
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Ag is granted on a three animal per acre ratio in most cases (herd of fifteen for five acres). A minimum of five calves is required. If property is leased, the lease must be in effect as of January 1st.
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Tax Revenue collected by PBC since the Sale of parcel A by the Fountains Country Club, 2019.
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2025 Property Tax $225,038.00
2024 Property Tax $225,038.00
2023 Property Tax $218,823.00
2022 Property Tax $197,209.00
2021 Property Tax $188,128.00
2020 Property Tax. $174,462.00
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In order to encourage the productive use of agricultural land in Florida, the Florida legislature enacted Section 193.461, Florida Statutes. This statute is frequently referred to as the “Greenbelt Law.” Agricultural classification of land under the Greenbelt Law affords property owners substantially lower real property taxes compared to taxes on property classified for other purposes. The Greenbelt Law facilitates the financially viable operation of agricultural businesses by shielding agricultural property from potential property tax increases attributable to encroaching development. Given the potential for abuse of the Greenbelt Law by speculative developers, property owners must adhere to specific requirements in order to obtain and maintain the tax advantages of the agricultural classification.
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Definition of Agricultural Purpose
The Greenbelt Law states that “only lands that are used primarily for bona fide agricultural purposes shall be classified agricultural.” The following sheds light on the meaning of this phrase:
1. Primary use. The land must be primarily used for agricultural purposes. If land is used for both agricultural purposes and non-agricultural purposes, only the portion of land used primarily for agricultural purposes may be classified as such for tax purposes. Hausman v. Hartog, 371 So. 2d 1036 (Fla. 1978) (permitting agricultural classification for portion used as an orange grove but denying classification for portion used as vacant land). With respect to a residence used in connection with agricultural land, Section 193.461(3)(d) provides that the portion of property containing the residence and curtilage must be assessed separately from the portion of property used for agricultural purposes.
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2. Agricultural purpose. The land must be used for an agricultural purpose. According to Section 193.461(5), “the term ‘agricultural purposes’ includes, but is not limited to, horticulture [plants]; floriculture [flowers]; viticulture [grapes]; forestry; dairy; livestock; poultry; bee; pisciculture [fish], if the land is used principally for the production of tropical fish; aquaculture as defined in Section 597.0015; algaculture [algae]; sod farming; and all forms of farm products as defined in Section 823.14(3) and farm production.” The phrase “includes, but not limited to” is unambiguous and contemplates additional non-specified purposes. McLendon v. Nikolits, 211 So. 2d. 92 (Fla. 4th DCA 2017) (the term “agricultural purposes” includes aviculture, which is the raising of wild birds for sale as pets). Nonetheless, the term “agricultural purposes” is not without limitation. Beker Maritime Co. V. Perkins, 493 So. 2d 494 (Fla. 2d DCA 1986) (mining is not an agricultural purpose, but mining buffer areas leased for commercial agriculture may constitute an agricultural purpose).
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3. Bona fide agricultural purpose. The landowner must be able to establish that the land is used for a bona fide agricultural purpose. According to Section 193.461(3)(b), “[t]he term ‘bona fide agricultural purposes’ means good faith commercial agricultural use of the land.” The Florida Administrative Code defines “good faith commercial agricultural use” as: “[T]he pursuit of an agricultural activity for a reasonable profit or at least upon a reasonable expectation of meeting investment cost and realizing a reasonable profit. The profit or reasonable expectation thereof must be viewed from the standpoint of the fee owner and measured in light of his investment.” Rule 12D-5.001(2), F.A.C. On this basis, property appraisers may deny the agricultural classification for hobby farms and lands used for personal use, pleasure, or sport.
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Section 193.461(3)(b)1 provides a list of the following factors to determine whether an agricultural use is “bona fide”:
1. The length of time the land has been so used.
2. Whether the use has been continuous.
3. The purchase price paid.
4. Size, as it relates to specific agricultural use, but a minimum acreage may not be required for agricultural assessment.
5. Whether an indicated effort has been made to care sufficiently and adequately for the land in accordance with accepted commercial agricultural practices, including, without limitation, fertilizing, liming, tilling, mowing, reforesting, and other accepted agricultural practices.
6. Whether the land is under lease and, if so, the effective length, terms, and conditions of the lease.
7. Such other factors as may become applicable. For the purpose of construing the meaning of the phrase “such other factors as may become applicable,” Rule 12D-5.004, F.A.C. enumerates a list of additional factors for consideration.
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As a result of litigation concerning whether the act of offering to sell property should result in the denial or loss of an agricultural classification, the Florida legislature amended Section 193.461(3)(b)2, Florida Statutes, as follows: “Offering property for sale does not constitute a primary use of land and may not be the basis for denying an agricultural classification if the land continues to be used primarily for bona fide agricultural purposes while it is being offered for sale.”
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Applying for and Maintaining an Agricultural Classification
Landowners must initially apply for agricultural classification of their lands. The Florida Department of Revenue’s Form DR-482 is the standard application form, and Florida property appraisers may request additional information from the landowner in support of the application. Landowners should be prepared to provide detailed information to property appraisers (e.g., financial records, management plans, leases, etc.). The form must be filed on or before March 1, though extenuating circumstances may extend the deadline. If the property appraiser denies the landowner’s application for an agricultural classification, then the landowner may appeal to the value adjustment board (“VAB”) pursuant to Section 193.461(2), Florida Statutes. The landowner may file a lawsuit in circuit court to challenge an adverse VAB decision.
After the initial application of the agricultural classification is approved, each county determines whether it will require landowners to submit an annual renewal application or whether the county will waive annual renewal applications. Accordingly, it is necessary to confirm with the relevant county whether an annual renewal application is required. In all cases, the property must continue to be used for agricultural purposes or it will lose its agricultural classification. Property appraisers may investigate the use of property and collect back taxes for periods when the property was not used for agricultural purposes. The critical date for determination of the agricultural use of land is January 1 (although January 1 is not the only date upon which land should be put to an agricultural use for agricultural classification purposes).
Courts apply the “physical activity test” to determine whether the use complies with Greenbelt Law for agricultural classification purposes. Schulz v. Love PGI Partners, LP, 731 So. 2d 1270 (Fla. 1999) (considering actual physical use of land); Straughn v. Tuck, 354 So. 2d 368 (Fla. 1977) (property appraiser determined that land in its natural, unimproved state was not entitled to agricultural classification); Greenwood v. Oates, 251 So. 2d 665 (Fla. 1971) (tract contained large stands of unmerchantable timber, improvements to the land were not made for forestry purposes, and there were no forestry management operations since the purchase); Tilton v. Gardner, 52 So. 3d 771 (Fla 5th DCA 2010) (agricultural classification was denied due to lack of effort to promote regeneration after harvesting of timber, specifically by failing to leave sufficient seed trees, failing to harvest water oaks, and allowing underbrush to flourish); RH Resorts, Ltd. V. Donegan, 881 So. 2d 1152 (Fla 5th DCA 2004) (loss of agricultural classification due to evidence of development of a golf course and the lack of pine farming activities).
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Practical Tips Concerning Florida’s Greenbelt Law
1. use of the property. For example, timberland may require a timber management plan, periodic harvesting of timber, contracts for trees, etc. Timing of Initial Application and Renewal Applications. It is incumbent on the landowner to obtain and maintain a property’s agricultural classification. The application should be timely filed and, if denied, timely appealed. If the relevant county requires annual renewal of the agricultural classification, then the landowner should calendar renewal dates and ensure that annual renewals are timely filed.
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2. Selling Land with an Agricultural Classification. In a contract for the purchase and sale of land having an agricultural classification, the seller should reserve the right to continue the seller’s agricultural use of the land until closing, and the seller should continue such agricultural use. This will help to protect the seller from denial of the agricultural classification while the property is under contract.
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3. Purchasing Land for Agricultural Purposes. The purchaser of property who expects to use the property for agricultural purposes will need to file an initial application even if the property already has an agricultural classification. In addition, the purchaser should ensure compliance with the physical activity test upon closing (i.e., continued use of land for agricultural purposes).
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4. Leasing. If a property owner contemplates leasing the property, the agricultural classification must be taken into consideration in the lease. For example, among other things, the lease should establish whether the lessor or the lessee will file the initial and renewal applications for the agricultural classification, require the lessee’s compliance with the physical activity test, and allocate responsibility for payment of taxes (e.g., payment of full taxes in the event the agricultural classification is denied or lost). Mackle Co. v. Metropolitan Dade County, 220 So. 2d 422 (1969) (lessee failed to use land for agricultural purposes).
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5. Use of the Property. The landowner should communicate with the property appraiser early in the process to determine the applicable criteria and documentation in order to establish and maintain the agricultural classification. Once the agricultural classification has been obtained, the landowner should ensure continued agricultural
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6. Cessation of Use. If the property is no longer used for agricultural purposes, then the landowner should notify the property appraiser of such cessation. This will cause the property to lose the agricultural classification and the tax advantages thereof. Failure to timely notify the property may result in the assessment of back taxes.
Conclusion
The Greenbelt Law helps to ensure the continued viability of agricultural use of land in Florida. As discussed above, obtaining and maintaining an agricultural classification for property requires strict adherence to certain requirements. The law firm of Shutts & Bowen LLP advises parties on the sale, purchase, financing, and leasing of agricultural land in Florida and assists with applications for agricultural classifications and appeals related thereto.
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
I had the story wrong originally D’este pres. recommended the painter to our ex pres. She was never told how terrible of a job he did in Tivoli, so she hired them for D’este.
I think it was the responsibility of her FRIEND (our ex. Pres.) to tell her.
Can we wonder why she did not!
Get your story straight, stop gossiping and mind your own Court’s business.
Shanella Brooks
President of Deste Court and friend of Yelena Sennett, past president of Tivoli.
Claudio… you’ve changed your name again, but somehow the spelling, punctuation, and the facts in your posts keep getting worse. Honestly, trying to correct every one of your many absurd claims would take all night — so let’s keep it simple: your claims are FALSE. Completely.
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A few selections from your never-ending FICTION series:
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*** Tivoli Ct is fully fenced, continuously, including behind my townhouse near the FPL station. And in over three years of my security footage: ZERO trespassers. Not one. You know this — yet you repeat it like a broken karaoke machine stuck on the wrong lyrics.
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*** Deste and Tivoli used different painters. Your story doesn’t line up with reality — or even with itself — which, to be fair, is consistent with most of your posts.
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And to anyone reading who actually wants facts instead of Claudio’s Creative Writing Series: call me. I’ll happily explain the fence, the painters, the timelines, and anything else with actual evidence instead of fan fiction. As for you, Claudio… be honest. You’re not seeking truth; you’re throwing mud before the election and hoping something sticks… If you spent even half this energy understanding the SIRS reserve requirements — as I’ve been suggesting for months — we might not be staring at another HUGE FEE INCREASE. If you truly cared about Tivoli, you’d focus on that instead of, well… whatever this obsession is.
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Look — I’m genuinely flattered that you think about me this much, three years since I’ve been off the board…
But you are edging into cyber-stalking territory, and my patience is wearing thin.
Choose your next username wisely.
VOTE FOR ME FOR THE BOARD. I BELIVE I CAN HELP LOWER OUR FEES.
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Why nobody wants to listen to Yelena’s suggestions about SIRS reserves? We don’t have to agree on everything, but I think we can all agree that we want to pay less, not MORE!
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Let’s work together and lower our payments instead of them going up and up every year hugely!
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I think Yelena is pretty smart and wants to help us save us all money, why do you fight her???? Vote!!! Let her help!
Peter
Why don’t you ask your buddy Yelena why when she was president she wasted near $200,000 in replacing tiles that didn’t need to be replaced. Forget the fact that they don’t even match anything in the Court.
Why don’t you ask her about all the money she wasted when she was the president.
You’re a broken record stuck on the ‘Lies Remix,’ and honestly, even a confused robin wouldn’t chirp that nonsense — the same old lies on loop, like you don’t even remember they’ve already been debunked.
I’m going to make this perfectly clear. I only go on this blog when someone asks me to read something that pertains to my court. I don’t post anything because I have better things to do with my life. Not like some other people who are consumed 24/7 with this court. After reading this post, which I was alerted to, I know Yelena Sennett wrote this. A confused robin who doesn’t chirp.
You’re chirping up the wrong tree!
I love the new tiles and I do believe they were a big improvement.
About 20 Cows behind Esedra CT Why???
Frank,
See explanation from a few days ago
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https://www.fountainsnetwork.com/whats-new-3/comment-page-2/#comment-28674
Where can we buy this local grass fed beef?
When will the chickens come to roost?
Knowing the Herd
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Apparently, the Herd is here to stay for some time.
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Might as well have an idea about the new neighbors.
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Cattle producers use precise terminology to describe cattle based on sex, age, and reproductive status:
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• Bull: A sexually mature, intact male bovine used for breeding.
• Sire: The term used to identify the male parent of a calf in breeding and pedigree records.
• Cow: A mature female that has had at least one calf.
• Heifer: A young female bovine that has not yet had a calf.
• Steer: A male bovine that has been castrated (neutered) before reaching maturity, typically raised for beef.
• Calf: A young cattle of either sex, usually less than one year old.
In pedigree records, individual bulls are given unique names, often incorporating a farm’s name (prefix) to indicate their origin and lineage.
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Buffalo Bob
Robin Mesger, interesting that you assumed the comment referred to you. It clearly mentioned a robin—lowercase, the bird. The defensiveness is… telling.
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In retrospect, some of the themes do sound similar to positions you’ve expressed publicly and at Board meetings, no?
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But of course, I’m not suggesting you wrote those posts. You fully support Yelena Sennett for President—right?
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You’re also on record in the minutes as having voted for the tiles, most of the renovations and repairs, and the loan—so it’s curious to see you criticizing them now…
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If you didn’t author those posts, perhaps you could help clarify the record and address the false or misleading statements circulating under various anonymous avatars—especially since you voted for many of the items being criticized 😉
Oh, and one last thing, Robin Mesger: the vast majority of the painting was done under Dennis and the current Board. The PAINTERS BEGAN PAINTING ONLY TWO WEEKS BEFORE THE ELECTION in 2022 (not even fully completing one building), after which the current Board—including you and Dennis—took over and explicitly insisted that the designer and YELENA SENNETT NO LONGER BE INVOLVED IN PAINTING in any capacity.
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Let’s be clear for residents: *** THE CURRENT BOARD WAS SUPERVISING THE PAINTING ***. Any concerns about the quality of the work fall squarely on the current Board, which had full control and the authority to replace the painters or withhold payments until the work met its standards.
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Yelena Sennett has been off the Board for TREE YEARS! Responsibility has sat with the current Board the entire time—and it’s long overdue they OWN IT.
It’s nice to finally have a president who actually lives in the court, unlike Dennis. Susan did a great job at the meeting yesterday. She explained things well and handled everything nicely. We’re in very good hands with her as president next year.
Wishing everyone in the Fountains a Merry Christmas and a Happy Healthy New Year 2026 to your family and friends
Lowell Levine
Tivoli Court
Lowell very happy you’re our new TIVOLI CT. board president.
FCO Stripes Privately Owned “Unnamed Roads”, see below.
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Are these the roads destine for long overdue milling and re-paving?
If so, why has the FCO elected to spend funds to perform this task twice?
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“Dear Fountains residents,
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Please be advised that road striping will begin on Monday, January 5th, and will end on Wednesday, January 7th, there will be increased roadwork activity.
The roads will not be shut down, but motorists and golf carts should be careful not to drive over freshly painted lines and directional arrows.
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Brian Flores
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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HAPPY NEW YEAR
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More News to Follow
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The Fountains Reporter
What a waste of money
Hello I attended the monthly Security meeting last week and the Presidents meeting yesterday. Both meetings were run professionally and very informative . Lowell Levine President of Tivoli Court
I’m a new owner 1st floor Tivoli Ct. Can somebody advise if there is a schedule to trim bushes, if not how to request trimming of bushes in the back of condo units? Thank you…
Hello fellow residents… we recently became homeowners at Tivoli at the fountains. We had the opportunity to meet Lowell walking around the parking lot recently. Thank you Lowell for answering a couple of questions.
What resources for a new homeowner, other than this website, are available to learn about our community and the way things operate?
Is there an agenda(s) available in advance for upcoming monthly meetings?
Must agenda items be submitted in advance to be included as part of the monthly meeting discussions? If so how are agenda items submitted? Thank you in advance for any reply(s).
Have question I am on. 1st floor I want to put up A Gazebo made out of material and metal rods it it allowed ??
Frank, Which Court do you reside? This is a Fountains blog page. And I don’t think you meant to say “gazebo.” Likely you want to add a screened enclosure on your patio. You need to ask your Board Member who handles Architectural Control. You will be asked to fill out and submit an application to the Architectural Review Committee. You will attach, the name of the company you hire to do the enclosure, a detailed description of the proposed change, property survey, etc. The company will file for Permits.
Friends & Neighbors.
Many of you may have been wondering why the huge number of crows have elected to “Roost” in the Fountains this year?
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Here is the answer in a nutshell
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The large group of over a hundred crows roosting near your home in Green Acres is a classic example of
communal winter roosting. While some crows are migratory, many, especially in Florida, remain in the same area year-round or travel only short distances to form massive, permanent winter roosts.
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They have not migrated or moved because this specific location likely provides the ideal combination of safety, warmth, and easy access to food.
Here are the primary reasons for this behavior:
• Safety in Numbers: Large groups provide protection from predators like owls and hawks. They gather at dusk to sleep in trees, on power lines, or on buildings, which offers a secure vantage point.
• A “Comfortable” Location: In winter, crows seek areas that are warmer than rural spots, and they often choose suburban or urban locations that offer shelter.
• Abundant Food Resources: Crows are intelligent and opportunistic feeders. Your neighborhood, green belts, or nearby commercial areas (trash, pet food, feeders) likely provide consistent food sources, allowing them to remain in the area.
• Traditional Roosting Habits: Crows are creatures of habit and often return to the same, or nearby, roosting sites for years—sometimes for over a century.
• Social Interaction: These large groups are “social hubs” where they communicate, find mates, and share information about food locations.
This behavior typically persists from late fall through early spring, after which the large group will disperse for the breeding season.
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How to Discourage Them
If you wish to encourage them to move to another spot, consider making your property less attractive by:
• Reducing outdoor lighting: Crows often prefer lighted urban areas.
• Securing food sources: Ensure garbage cans are covered and bird feeders are clean.
• Using deterrents: Hang shiny, moving objects (like CDs or specialized bird tape) in trees.
• Visuals: Use decoys, such as a fake owl or, more effective for crows, a fake “dead” crow hanging upside down.
Note that these methods may need to be moved periodically, as crows are highly intelligent and will eventually learn that the deterrents are not real.
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The Fountains Reporter
Ian Gellis/ you can attend our monthly Tivoli Court Board meetings which is the second Monday of each month-Look at the board next to the elevator with the meeting information..Yes you can ask a question or make a comment at the meeting ..
Requesting your help in reporting your experiences and observations when exiting and entering the Fountains North Security Gate.
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For a reason or reasons yet to be disclosed by the Florida Department of Transportation (FDOT), to the concerned residents of the Fountains of Palm Beach, the Left-hand turn Signals at the intersection of Fountains Drive, Lake Worth Road and Poinciana Drive (ID # 37050) have been changed to permissive left turns, i.e. Yellow Flashing Arrows contrary to recommendations by PBC Traffic Division.
Lake Worth Road is a State Road under the jurisdiction of the FDOT.
Since 2023 representatives of the Fountains have worked with the FDOT and PBC to improve vehicular traffic conditions in this intersection.
Most recently Fountains representatives have observed the signal change and the resulting deterioration of overall safety in the intersection.
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Should you encounter a situation in this intersection that you feel needs attention or is unsafe, please e-mail the Fountains Residents Blog care of admin@fountainsnetwork.com.
Your assistance in providing first hand observations and experiences will be deeply appreciated.
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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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One of the most recent e-mail communications with the FDOT, that has been made available to this reporter, will be also be posted on the Blog.
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The Fountains Reporter
I walk often on the Fountains roadways. There are small yellow arrows for walkers to follow, reason being you don’t walk with your back to oncoming traffic. I once had an incident where a car was headed toward me in the walk lane and I had enough time to jump aside and get out of the way. I would have been hit if my back was to the oncoming traffic. The large yellow arrows are for golf cart travel not walking. If you can read the speed limit signs and speed bump signs you’re on the wrong side of the road walking. Stay safe.