SBC Board Elections

Dear Fellow Neighbors:

Its election time again at the South Bay Club and everyone is wondering who to vote for. It is important to know some facts before you cast your vote. The following information is provided for your enlightenment by concerned SBC owners.

There are a few current board members who are reapplying for a position on the 2010 board who have been engaged in deceptive and underhanded schemes to keep the pool, the pool deck and other amenities we pay to use closed while quietly trying to figure a way to pass another massive special assessment for renovation work that was not required by the City as part of the 40 year certification.

These individuals have already begun on a project to impose a $3,000,000 + special assessment for various renovation projects, one of which is to replace all Penthouse windows, and one that will strip off the entire top level of the pool and deck, redo the planters, lighting, and fencing for an undisclosed length of time. [Estimate is approximately two years]. They have no plan, no clear idea of what is really necessary, nor any good reason to impose this upon our Association members at this time.

These 3 board members, who we will refer to as the ‘Three Blind Mice’ (3BM), include:

Carlos Vicaria, #15 on the ballot, (resides in PH 43), Mark Saracino, #13 on the ballot, (owns PH04 & PH08), and Greg Johnson, #6 on the ballot, (owns 9XX) and are all reapplying for a seat on the 2010 board.

In addition to these 3 candidates, Michael J. Chianese, # 4 on the ballot, who also owns an apartment on the PH level, and Marcelo Caturla, #3 on the ballot who owns PH 43 where Carlos Vicaria lives - both on the PH level. All these individuals are clearly intending to pass a hefty special assessment in 2010 that with the inclusion of penthouse level windows, benefits them immensely.

A vote for any of the above mentioned candidates [ballot #’s 3, 4, 6, 13, and 15] will ensure a $3 million+ Special Assessment in 2010.

Recently, while hiding the fact that the pool could have been reopened back in July, the 3 blind mice [Carlos, Mark and Greg] attempted to pass a motion to assign a $10,000 pool & pool deck design job to “a friend” of another current board member without first obtaining the required 3 bid minimum. This information is on record in our association’s meeting minutes. We only have the pool deck open today because a group of residents took it upon themselves to investigate the board’s actions and intervene. What was discovered is disturbing.

It is interesting to note that none of the 3 blind mice board members were voted into office; they merely occupied a vacant board position as they became available throughout the year. Clearly, their actions and intentions are not to help this building as a whole, but more to fulfill their own agendas.

The fact is that an additional major construction project is not necessary to complete our 40 year certification. This is according to multiple engineering reports, the 40 year certification engineer’s report filed with the city, as well as two separate engineer’s verbal recommendations given at recent association meetings. Even so, the 3BM have attempted to circumvent our bi-law’s strict procedures to pass special assessments by deceiving SBC association members and not disclosing the fact that the pool and deck construction phase was complete thereby allowing us to commence working towards reopening.

This information was purposely kept a secret. These amenities remained shut down for close to three months longer than necessary while they decided how to force this through – their answer; force the city to include it within the scope of the 40 year certification – and that is exactly what has happened.

The 2009 board sought additional engineering reports, one from Pistorini, to address towers, roof and PH level windows. (Yes, only one level’s windows). When they were put on notice by a group of residents who spoke to engineers, the city, and to the contractors, they found out what the 3 blind mice were hiding.

Caught red-handed being deceitful, they then proceeded to lobby the city to force Pistorini’s engineering report to be included within the scope of 40 year certification requirements. As mentioned, this report included replacing all penthouse windows [with new impact glass] at every Association member’s expense, even though our Association Bi-laws clearly state that windows [maintenance and replacement] are the sole responsibility of the unit owner.

How anyone who sits on the Board not know our bi-laws is questionable at best; clearly those who have PH units stand to benefit at everyone’s expense. Two board members, Carlos and Mark, own a total of 3 units on the PH level.

They are largely the culprits behind forcing the inclusion of the Pistorini engineering report to be completed as part of the 40 year certification requirements. Undoubtedly, their action suggests a ‘self-serving” tactic that strongly must be questioned. They further commissioned our Attorney, Robert Blanch, at an additional expense to our Association, to present the report to the city at a scheduled review in front of the Grand Master.

Both engineers had stated that we can wait at least 2-5 years before needing to address any additional major renovations to the pool deck area and roof.

This is not the time to commit our association and the many owners to a multi-million dollar special assessment for renovations that are not structural and that are contrary to the recommendations of our engineers. Adding such a huge assessment, and in this economy, will further devalue and strain the ongoing viability of the South Bay Club.

These individuals intended on passing the special assessment before the year ended. Several residents have blocked their attempt, through the election, but if the same board members are elected, they will surely pass the motion as soon as they have the chance.

SBC needs new board members in place who can finally get the 40-year certification permits closed and move us forward with a well designed and thought-out, long-term plan that imposes the minimum impact on SBC residents while providing the maximum benefits and in a timely manner.

We need to address all of the issues we know the building has, but in a prudent, well planned-out, and timely manner that allows residents to plan and save for any impending special assessment.

The 3BM members had intended on keeping the pool deck closed until the entire new renovation projects were designed, engineered, bid-out to contractors, funded, permitted, and constructed – this is an enormous project that will take years to complete, from start to finish. The 3BM are either too ignorant to understand this or too overzealous to be trusted as your fiduciary.

The 3BM were working with management to ensure the new renovation projects, along with a multi-million dollar assessment, get passed. They ordered our building manager to stop watering the front and deck planters so all of the plants would die, aiding their efforts in keeping our amenities shut down. Several owners badgered the manager until they relented and began watering the plants again.

In another attempts to keep the pool and deck closed, the 3BM instructed management not to move forward with opening and continuously presented a host of roadblocks; all of which were a non-issue. Thanks to several owners’ persistence, we are now able to once again enjoy this amenity for the holidays. THIS IS SOLELY DUE TO THE RESILIENCE OF OWNERS and in direct conflict with the 3BM and management.

It is outrageous that these 3 deceitful board members, Carlos, Mark and Greg, would decide among themselves to keep our amenities shut-down indefinitely, while requesting the city to impose additional construction work, as specified in the Pistorini engineer’s report, as part of completing our 40-year recertification.

The individuals who are responsible for these problems (and many more) and who are running for the boards are:

Carlos Vicaria. (PH43) – Ballot # 15

Marcelo Caturia (PH43 - Partner of Carlos) – Ballot #3

Mark Saracino (PH04) & (PH08) – Ballot # 13

Greg Johnson (9^th floor) – Ballot # 6

Michael J. Chianese (PH) – Ballot # 4

BE CAREFUL VOTING FOR THE THESE CANDIDATES

A vote for any of these individuals is a vote for a $3 million+ Special Assessment in 2010. This will happen immediately and with very little forethought.

Your Neighbors & Concerned SBC Residents