The Towers Condominium Association
2366 East Mall Drive
Fort Myers, Florida 33901
239-936-1707
December 1, 2008
Dear Unit Owner or Resident:
As the year end approaches and shortly the new year begins, we would like to take this opportunity to bring you all up to date on some critical events, some which will be taking place in the near future, current items that have been completed and remind you of some of the changes in our existing rules and regulations that are continuing to be strictly enforced.
With our most recent yearly inspection with the Florida Department of Health that currently governs all of the areas of our swimming pool some changes have occurred. We would like to announce that currently the pool is heated and we welcome all residents and their guests to enjoy the comfort of a warm swim with the cooler air temperatures. We currently have four newer gas grilles in the pool area with posted “Grilling Rules” for the use of all residents. Unfortunately the hours of swimming have changed. Instead of adults swimming to 10:00 pm and children till 7:00 pm the time has to end by “dusk” according to the Florida Department of Health. You will notice the hours changed on the “Pool Rules” sign posted on the interior pool area wall of the clubhouse. We ask all residents and their guests to adhere and take notice of the rules posted on the wall and the entrance of all pool gates. All residents and guests are required to have a pool pass for the use of the pool and a pool key is required for the unlocking of any of the gates on the property. Without the pool pass any individual(s) can be asked to vacate the property by management or committee / board member and could be charged with trespassing if refusal to leave and or removed by the Fort Myers Police Department. Any resident may acquire a pool pass or a gate key (keys are $12.50 each) from Terry Ondak at 239-292-7153. In addition all gates of the pool area at all times must be closed securely after being opened. We ask all residents to help assist in closing of all of our gates on the property after opening to keep areas of the property safe and secure.
The past sixty days we completed many lofty goals to return The Towers Condominium to a pristine property and for it to live up to its name as a “Luxury Condominium” proudly displayed at the entrance of the property. This includes the recent plantings in clay pots around the pool area; additional landscaping plantings with sprinklers on the property along East Mall Drive, southwest and northwest corners; all of our sidewalks and gates are lighted for safety; new pumps for pool chemicals; new pool lights and electrical wiring; placement of bulletin boards in numerous areas of the property to give notice for all residents for upcoming events; various trees trimmed and secured throughout the perimeter of the property and in the court yard; the complete repair and packing of the three elevator shafts; the extensive repair to the tenth stack exterior concrete wall, downspout, all the corresponding damaged drywall of the interior units; signage for parking; painting of the sprinkler piping and curbing; all storage area lockers and rooms labeled, door handles for storage rooms changed for appearance and proper operation.
We have completed a maintenance scheduled now being strictly adhered to for our landscaping, tree and shrub trimming, sprinklers, sprinkler pumps and timers, weed and lawn chemicals, bug and rodent control, common area drain clearing and cleaning, fire and smoke alarm and fire extinguisher services, emergency monitoring of all the elevators, touch up painting of areas of the building, and the proper working order and appearance of all washers and dryers. A cleaning schedule adhered to similarly, maintaining of all laundry rooms including, dryer vents, garbage chutes, trash can receptacles emptied, cleaning of all railings, walkways, parking areas, stairwells, storage rooms, restrooms, fire and alarm boxes, tile floors waxed, elevators polished and light fixtures cleaned, ashtrays emptied; all by contract services through Alliant Property Management. We have taken notice to more trash and cigarette butts improperly disposed on the property. We ask all residents and their guests to use all waste receptacles and ashtrays for proper disposal and PLEASE DO NOT LITTER.
With the past posted notice for smoke detectors / fire alarm / leak inspection we currently have limited amount of units not complied which will be handled through the newly volunteered fining committee and or Board Attorney for enforcement.
Most recently we mentioned in a letter to Unit owners the Florida Statue mandated insurance requirement. Our requirement was to request copy from you for proof of compliance. That copy can be mailed or faxed to:
The Towers Condominium Association
C/O Alliant Property Management, LLC
6719 Winkler Road, Suite 200
Fort Myers, FL 33919
239-454-1101, Fax 239-454-1147
Just recently the eleven stack was flooded from a very old original rusted hot water tank and container. The water ran from the fifth floor to the first. As the governing documents indicate:
Article 19.2
Of the Declaration of Towers Condominium states, Maintenance. “In the event a Unit Owner fails to maintain his Unit in the manner herein required, the Association or any other Unit Owner shall have the right to proceed in a court of equity to seek compliance; or the Association shall have the right to assess the Unit Owner and the Unit for the sums necessary to do whatever work is required to put the Unit Owner in compliance herewith…”
Maintenance of hot water tanks is the responsibility of the Unit owner. The damage from a major leak of the hot water tank into other units falls upon the claim made to each individual Unit owner. Unit owners are mandated as stated in our last letter to have liability insurance. The Association informed all Unit owners of their financial responsibility.
The Board of Directors suggest that in addition to having liability coverage that if their unit is rented that they obtain a copy of their tenants insurance to make sure they have coverage for their personal items. All Unit owners should also take time to review the age, wear and tear that is taking place with their own hot water tank. Severe amount of rust showing is a strong indication that a leak may occur. If the bottom of the tank let’s loose, water will continue to flow to fill the tank and leak on to the floor or onto all the units below unit the water is turned off and the tank empties.
The Association recommends that we have a key to your unit for this kind of emergency to prevent the damage that can occur to their unit and for the units below you. If no key is present the Fort Myers Police of Fire Department will be used to gain access to the unit for this event. Their ax or device they use to gain access could result in additional costs to the Unit owner of a new door, with locks and framing. Make sure your tank is placed in an approved container that drains into the wall drain and the tank’s container is in good condition and piping is secure. Check with your licensed bonded and insured plumber or call the Board approved, Mark’s Plumbing (239- 229-5222) to inspect your tank and plumbing. A repair of this magnitude could cost in excess of ten thousand dollars just for clean up, repair and replacement of items destroyed. As we all have experience most times this happens in the evening or in an inopportune time when it is very difficult to have access to the proper channels to have this corrected immediately.
Presently, because of working very diligently with our Board Attorney, Alliant Property Management and their collection department on these delinquent unit owners that are past due we have initiated the placement of liens and foreclosure procedures. Understand that it is a very costly expenditure, but a necessary one to protect the interests of all of the unit owners of The Towers Condominium Association who are in good standing with their financial obligations. Whether you rent or own your rent on time is critical for all Unit Owners to pay their monthly maintenance fees in a timely fashion since The Association has made monthly agreements and will make future monthly agreements for the service they perform at The Towers. The Monthly maintenance fees are also necessary for us to maintain the property in the customary manner, which we all can enjoy. Even with having a limited amount of units in collections and placed in foreclosure the Board of Directors has the following goals and its own New Year resolutions to complete to help facilitate higher monthly rentals charges for all investors, increase real estate sales and raise property values by continuing to maintain the property in pristine condition. We will be installing a floor drain by the north elevator; adding stones to the front area along East Mall Drive and the head of all car stops on the carports; placement of seal coating, striping and labeling of the parking lot and car stops; the removal of the crabgrass and placement of sod in the courtyard “hump” area; perform the renovation in stages of the clubhouse and restrooms; placement of awnings for the five entrance ways; continuing to beautify the property with landscaping; repainting of the walkways; and the installation of security cameras for key point areas of the property. Remember these items to be completed can only be done, without doing any kind of assessment, primarily on a monthly payment plan to the contractor providing all Unit owners pay their monthly maintenance fees timely.
Current Unit owners with Board approval for renting can give the rental information to Terry Ondak to assist Alliant Property Management with their rentals.
Bicycle placement at the Towers Condominium is provided in bicycle racks at the location on the west side of the property or along Solomon Drive side. The Board of Directors ruled, all bikes need to be registered, in good working order with the Association and a placement of a sticker on the bike will be a requirement for bicycles in the bike racks. This means that any bikes that are not secured and registered with a sticker in the bike rack will be removed from the property. No bicycle can ever be locked to the fence or any posts on any area of the property. They will be removed and discarded from property and or donated. The deadline to comply for this will be January 5th, 2009.
Compliance issues have been very important this past year for the numerous units that have sold and the units that may need extensive remodeling. It is of vital importance to have written Board of Directors approval prior to the initiation of extensive remodeling. This will allow for increased, expedient sales or rentals and allow for the proper permitting through the City of Fort Myers. The Board of Directors has pursued legal complaints filed in our court system in Lee County presently against a Unit owner through our Board Attorney this past year as it relates to noncompliance of our governing documents relative to remodeling, specifically window replacement and proper floor sound proofing.
The Board of Directors will have towed any vehicle not registered past 12 midnight parked on property without having displayed the proper documentation: Towers parking sticker, guest pass or temporary guest pass. Signs are posted in all guest areas of parking. This will be at the owner of the vehicle expense through R/S Towing that the Board of Directors has a contract to perform the towing service. Their signs are displayed through out the property with their address and phone number.
Guest passes are always available to all residents through Terry Ondak at 239-292-7153. The guest pass handed are given to the “Unit” to use over again and not assigned to any particular vehicle. Although all guest passes are monitored nightly to comply with our rules and regulations. This is a deed-restricted community that has governing documents. Covered carport parking spaces are private. The rules and regulations for the Towers Condominium for overnight guests and parking are:
Section 1.17 states:
All residents must obey displayed signs, parking regulations, flow of traffic direction, in regarding to the driveways and parking areas. Vehicles shall not be parked in a manner that would impede or prevent access by another resident, fire equipment, police, or ambulance. All vehicles must be in good repair, properly registered for operation on public streets and have the Towers tag, provided by the Association, place on the windshield. All registered vehicles must match owner’s name on deed or title or lease. Overnight guest vehicle must have a temporary pass and or guest pass from the Association management or Board member. The Association will remove any vehicle without a current registration, or having expired tags, or not being in good repair (at the Association’s discretion), or without having a Towers tag, temporary pass, guest pass from 12 midnight to 6 am at the owner’s expense.
Section 17.2 states:
A condominium unit shall be used only as a single-family residence. As used in the Condominium Documents, “single family” means one natural person, a group of two or more natural persons who customarily reside together as a single family housekeeping unit, each of whom is related to each of the others by blood, marriage or adoption, or not more than two persons not so related, who customarily reside together as a single housekeeping unit. No more than five (5) persons may permanently occupy a two (2)-bedroom unit. For purposes of these Condominium Documents, “permanently occupy” means to sleep in the unit for more than fourteen (14) nights during a calendar year. No unit may be divided or subdivided into a smaller unit, nor any portion sold or otherwise transferred. No person may occupy a unit as a unit owner, tenant, or family member thereof (i.e. occupy the unit on an overnight basis for more than fourteen (14) days in a calendar year) unless said person’s occupancy has been specifically approved by the Association, through the Board of Directors. In considering such requests, the Board may consider factors set forth in Article 18 hereof, and may charge a reasonable fee for review of occupancy requests. Units may not be used for commercial or business purposes. Any other person, not a permanent occupant, who will occupy a unit for less than fourteen (14) days in a calendar year, must register at the Association office within seventy-two (72) hours of arrival. Owners and their family members and tenants may use Units for “home office” or “telecommuting” purposes, provided that such uses do not involve customers or clients coming into the Condominium, the postage of any signage in the Condominium.
Section 1.28 states:
No resident or guest shall bring upon the property any commercial vehicle, boat, trailer, camper, motor home, or motorcycle. Vehicles such as pick-up trucks may not have cargo or unsightly material in view. No magnets with lettering and or advertising of any kind on any vehicle will be allowed parked overnight (12 midnight to 6 am) on property otherwise vehicle will be towed at owner’s expense. The Association on an individual basis upon showing of good cause and/or substantial hardship may approve exceptions in writing.
Parking guest pass will be revoked when not complying with, “Section 17.2”. The guest must register. The notice of the revoked pass will be placed on vehicle and towed accordingly at owner’s expense. Any vehicle violating Sections 1.17, 1.28 and 17.2 will be towed, no exceptions. All residents should plan accordingly for their guests parking after midnight and obtain a guest pass.
In order to protect the aesthetic and financial value as well as the overall safety of your home and community, please accept this as a friendly notice. The Association has the responsibility of enforcing the rules spelled out in the governing documents. Your neighbors have a right to expect that we will enforce the rules for them. We appreciate that not everyone may find the rules of interest or importance; nonetheless we must ask everyone to comply.
Please be aware of the fact that any and all questions from owners or guests relative to the operation or management of The Towers Condominium Association should be directed to Derek Miller our CAM at Alliant Property Management.
Any questions for rental inquiries should be directed to Kirsten Cantello or Terry Ondak and if you have any billing questions please direct them to Colin Jenkins.
In summary we want to thank you in advance again for your adherence to the changes in the rules and regulations of The Towers Condominium, which are intended to provide all who reside here the utmost in safety and protection. With the New Year arriving all of us will make many new resolutions. Let’s all make “The Towers” to continue to be truly a “Luxury Condominium”. Please report any suspicious activity of any kind or criminal acts you may witness to the Fort Myers Police Department immediately at 239-334-4155 or dial 911.
Unfortunately not having the upgrades completed for the clubhouse a Christmas Party will not occur, we apologize sincerely. The Board of Directors, all the staff and management of Alliant Property Management wish you and your families a safe Happy Holidays, and a prosperous New Year with good health.
Your anticipated cooperation is very much appreciated.
Govern yourselves accordingly,
The Towers Association Board of Directors
President: Terry Ondak (239) 292-7153
Vice-President: Pat Meyer (239) 265-0378
Secretary: Karen Smith (239) 292-3252
Treasurer: Alfred Natella (239) 464-2706
Director: John Spain (203) 560-1625
Maintenance: Mark Alonso (239) 265-7233
Cleaning: Veronica Cabello |