Hi all,
Elsewhere in the BLOG I asked:
"what is a Master Homeowner's Association"? and how did the PBCBCC get the idea that UCO was such? Do not tell me what you think it is; find for me a Florida Statute that defines it;
not simply A Master Association, but a Master Homeowner's Association. Now if you can do that; then the next question is; when, and under what authority did UCO assume this power"
Time is up and we have no answers so the following may prove interesting to those who care about operating legally:
We are going to look at two Communities; Cypress Lakes (right next door) and Century Village:
First you need a Master Declaration of Covenants that provides the conduit; see said Master Declaration for Cypress Lakes at the following
REF:
http://oris.co.palm-beach.fl.us/or_web1/details.asp?doc_id=9369464&file_num=19790120260
Also see the most current version of this document for UCO by sharp contrast:
REF:
http://oris.co.palm-beach.fl.us/or_web1/details.asp?doc_id=729410&file_num=19990128892
Then you simply file as a Master Homeowners Association with Florida Division of Corporations.
REF: http://sunbiz.org/search.html
let's look at the two fillings:
---
Detail by Entity Name
Florida Non Profit Corporation
CYPRESS LAKES MASTER HOMEOWNERS ASSOCIATION, INC.
Filing Information
Document Number
747951
FEI Number
592538729
Date Filed
07/03/1979
State
FL
Status
ACTIVE
Last Event
AMENDMENT
Event Date Filed
07/16/2007
Event Effective Date
NONE
Principal Address
3445 CYPRESS TRAILWEST PALM BEACH FL 33417 US
Changed 02/14/1994
Mailing Address
3445 CYPRESS TRAILWEST PALM BEACH FL 33417 US
Changed 02/14/1994
Registered Agent Name & Address
BECKER & POLIAKOFF, P.A.625 FLAGLER DRIVE7TH FLOORWEST PALM BEACH FL 33401 US
Name Changed: 09/23/2008
Address Changed: 09/23/2008
Officer/Director Detail
Name & Address
Title PD
ARTIGIANI, STEPHANIE3445 CYPRESS TRAILWEST PALM BEACH FL 33417
Title TD
LEIDER, ETHEL3445 CYPRESS TRAILWEST PALM BEACH FL 33417
Title VPD
ANTHONY, SANTORIELLO3445 CYPRESS TRLWEST PALM BEACH FL 33417
Annual Reports
Report Year
Filed Date
2007
01/15/2007
2008
01/22/2008
2008
09/23/2008
------------------------------------------------------------------------------------------------
Detail by Entity Name
Florida Non Profit Corporation
UNITED CIVIC ORGANIZATION, INC.
Filing Information
Document Number
763367
FEI Number
592221503
Date Filed
05/19/1982
State
FL
Status
ACTIVE
Principal Address
24 CAMDEN AWEST PALM BEACH FL 33417 US
Changed 03/29/2006
Mailing Address
24 CAMDEN AWEST PALM BEACH FL 33417 US
Changed 03/29/2006
Registered Agent Name & Address
LOEWENSTEIN, GEORGE5 HASTINGS A WEST PALM BEACH FL 33417 US
Name Changed: 03/29/2006
Address Changed: 03/29/2006
Officer/Director Detail
Name & Address
Title S
LAPIDUS, BETTY MRSGREENBRIER CWEST PALM BEACH FL 33417 US
Title P
LOEWENSTEIN, GEORGE H MR5 HASTINGS AWEST PALM BEACH FL 33417 US
Title T
TETRO, DOROTHY312 WELLINGTON EWEST PALM BEACH FL 33417 US
Title VP
BUMMOLO, SALVATORE201 WELLINGTON FWEST PALM BEACH FL 33417 US
Title VP
SILVER, HOWARD146 STRATFORD KW PALM BCH FL 33417 US
Title VP
RICHLAND, PHYLLIS MRS216 SOMMERSET KW PALM BCH FL 33417
Annual Reports
Report Year
Filed Date
2006
03/29/2006
2007
02/23/2007
2008
03/17/2008
---
UCO needs to update their filing don't they!!
OK!
Now for the 64,000.00 question; Why has UCO never become a Master Homeowner's Association???
10 comments:
In order to become a Master (Homeowners) Association, the legal requirements of an Association must first be met. The voluntary membership in UCO by Associations presently precludes UCO from being legally considered an 'Association'. UCO has no assessment or lien authority over Associations, and membership in UCO is not a required condition of unit ownership, UCO does function as a Master Condominium Association in many respects, but cannot be legally considered as such. Though membership is 'voluntary', considering the scope of UCO's maintenance responsibilities and the many instances of acting as an 'agent'of our Associations, it may one day be determined that it qualifies as an Association. Should such a determination be made, UCO would be bound by the Condominium Act.
Though UCO does not meet the requirements under 718 to be considered a Homeowners Association, it may meet the requirements to be considered as such under the definition(s) provided by the IRS. One of the types of Homeowners Association is defined as follows: "A condominium management association organized and operated to acquire, build, manage, maintain, and care for propert in a condominium project substantially all of whose units are homes for individuals." 'Association Property' includes real and personal property thatthe Association members hold in common.
As an aside, the Northampton Area has an informal organization that files tax returns using the Form 1120-H (for Homeowners Associations). I called the IRS and described our informal organization as having exclusively an information sharing function with voluntary membership requirement (like UCO has).The IRS agent informed me that we qualify for filing our tax returns using this Form.
If UCO files a Homeowner's Association Tax Return, and I don't know that it does, it can be considered as such under IRS guidelines.
Hi Randall,
Hmmm! very interesting; "you called the IRS and told some person that you were an informal information sharing organization.....!
Sort of like GL's UCO Reporter article calling UCO a "sort of umbrella organization".....!
Can you imagine going into a Court of Law with such diatribe?
Next you will be saying "Gee; if it walks like a Duck and talks like a duck, then golly; it must be a duck"!!!!!
Randall; if I go to the costume shop and buy a cop's uniform and put it on and go out on the highway and stop cars and give fake tickets; it's called "impersonating an Officer"; and I go to jail.
UCO has repeatedly "Impersonated a Master Association" for years, and needs to be made legal; not kind-of or Informally Legal.
Then they need to start doing their research and stop engaging in, vast projects with half-vast ideas!!
Dave Israel
Dave: You and Frank and others need to get on/stay on the UCO Board and force this to happen.
Dave,
I apologize for my sketchy statement. Apparently from what I have just been told by the IRS Tax Law Dept (Badge#7515075) that our Area Association, was set up as a Condominium Association, by, you guessed it, Vivian Walsh, the Previous President of this area. I have taken the appropriate steps to make this our final Tax Return.
I was also told that any filing information relating to UCO could only be discussed with a Principal of the Corporation, which of course I am not.
What I was also told, however, was that if an organization DOES NOT MEET THE LEGAL DEFINITION OF A HOMEOWNERS ASSOCIATION IN THE STATE (FLORIDA) THEN THE ORGANIZATION CANNOT FILE AS SUCH.
Again, my apologies for not being as clear and precise as I am capable of being.
Hi Randall,
Feb 9, 2009 3:02:00 PM,
No apologies are necessary;
Hopefully, the day will come when you and I will be elected Officers of UCO and thus be in a position to bring "large brooms" to work and start "sweeping".
You raise a fascinating concept; if we are indeed members of UCO; and if indeed tax returns of UCO are "Records of UCO"; then upon written request with 5 days notice we should be able to peruse UCO tax returns; IAW FS-617.
What do you think about that??
Dave Israel
What's right is right.
Dave and Randall,
You are both members of the "Executive Board".
Start recruiting members that are also interested in being legal and go to work...it is high time.
Anonymous 5:24,
The Nominating Committee was also a 'Search Committee' in the early years of UCO. It has since morphed into what amounts to a selection committee. Limiting the content of a candidate's biography to a brief historical account of what a person has done while living in the Village would turn off and away many extremely qualified candidates. A person's educational and professional backround is a very important factor in the 'selection process'. Ideally, I would like to see a Nominating Committee that simply compiles a list of qualified candidates (meets the residency requirement of nine months and a willingness to serve on at least two committees, and of course, is a UCO Member). I'm certain that there are many qualified residents, some of whom may be new to the Village, that would love an opportunity to share their skills and knowledge by serving UCO if we would would only reach out to them. I've suggested it before and I'll do so again, the President should appoint a 'Volunteer Search Committee' which 1)advertises in the UCO Reporter; and 2) compiles substantial bios, and through an interview process, can advocate for their committee placement. Advertise, organize and welcome volunteerism.
First things first !!
Make UCO a LEGAL organization.
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