My name is Al Austin. I am seeking election to a seat on the Alamanda Key HOA Board of Directors. I want to sit on the Board to insure that the will of the majority of the people is served. Everything that you read on this page is based upon my personal opinions, feelings, and experiences. I am verbose and ramble on. Fortunately this is a webpage and you can simply exit out of it without hurting my feelings. If you find yourself lost in one of my “rabbit holes”, simply click on the “Top of Page” menu above to return you to this place. The beautiful background on which these words are written, are the Blueridge Mountains of North Carolina. This is where I was born and raised.

 

I created this document to give you an insight into me and help you make an informed decision in the upcoming election. Whoever you decide to vote for, I think you will learn some useful or, at least, entertaining things on this page.

 

Contact Info

4060I live at 4060 Alamanda Key Drive with my wife Myrna. My phone number is (321) 431-0010. My email address is I answer my phone 24 hours a day. I answer my emails as soon as possible but do get backed up at times.

What is an HOA?

Let me preface this section by saying that I have written this based upon my conversations with people in our community. I have found many who are completely unfamiliar with the concept of an HOA. It’s these people that I seek to educate on some of their rights and responsibilities as members of an HOA.

In Florida, the legal definition of an HOA is: ““Homeowners’ association” or “association” means a Florida corporation responsible for the operation of a community or a mobile home subdivision in which the voting membership is made up of parcel owners or their agents, or a combination thereof”. Our HOA is a not for profit corporation named “Homeowners Association of Alamanda Key, Inc”. It’s stated PURPOSE AND POWERS OF THE ASSOCIATION, as found in our Articles of Incorporation are: “The Association is formed to provide for the improvement, maintenance, preservation and Architectural control of the Property and to promote the recreation, health, safety and welfare of the Owners.”

All members of an HOA should be familiar with how an HOA derives and executes its powers

  • First an HOA is bound by the laws of the land. These laws are applied in the following order: local, state, federal. That is to say if the laws of the local government conflict with the laws of the state government, the laws of the state government will take precedence over local laws.
  • Next, an HOA is governed by its Covenants, Conditions, Restrictions (CC&R’s).
  • Finally, the Articles of Incorporation, the Bylaws, and the Rules and Regulations and Resolutions. These are listed in order of their precedents.

Any changes to the CC&R’s or Article of Incorporation or Bylaws, require a vote of the membership. However, the Rules and Regulations and Resolutions may be added, changed, or deleted by the Board of Directors. A good Board of Directors will poll the membership and give their opinions considerable weight when voting on such things.

When you closed on your property at Alamanda Key, you acknowledged your willingness to abide by the CC&R’s Bylaws and Rules. Some of you have told me that you never signed, or don’t remember signing such a document. I am sure that is true. However, legally speaking, when you purchased your home in Alamanda Key, even if you did not sign a specific statement to the fact, you implicitly agreed to abide by the CC& R’s.

I have heard people say that they do not need any permission or approval to do anything to the exterior of their house or lawn and landscaping. While the fact is, according to the Alamanda Key CC&R’s, you do. A good rule of thumb is: any time that you make any changes to anything outside the walls of your home, you probably need the approval of the Architectural Review Committee (ARC). The ARC approval should be obtained prior to the beginning of the changes or construction, and is the responsibility of the homeowner and not the contractor.

So here it becomes apparent. The Board of Directors, by their majority vote, make all of the decisions where the rubber meets the road. Things such as Committees, Recreational Facilities availability and/or hours of operation. Pool rules. Reservations and/or rental of the clubhouse facilities. Tennis court rules. The agenda of all meetings and their venue. Additionally, the CC&R’s give the board the authority to allow certain exceptions to the CC&R’s.

But the most important thing about an HOA is that we are a community. We share the streets, lakes, recreational facilities and in some cases, driveways. You don’t give up any of your rights by living in an HOA. But in an HOA, you will probably find yourself a lot closer to your neighbors and other members then you would if you lived on a property with some acreage. Your rights extend exactly to the point where the rights of neighbor begins. What am I trying to say? I’m trying to say that, in an HOA, we usually live in a closer proximity than a non-HOA community and share common areas that we are all responsible for and therefore MUST be considerate of those around us.

I enjoy living in an HOA because I like having structure my life. As far as this property is concerned, I like having all the mailboxes the same up and down the street. I like having all the colors within a predefined pallet. I like having reasonable rules that result in a more desirable neighborhood. However, HOA living is not for everyone. And I do understand that some people moved in here without fully understanding the commitment required in an HOA. I truly empathize with those people. But the fact remains that we must all get along, respect each other, and follow the rules. I do regret that we cannot adopt a covenant that says you must be nice to all members.

What is Board of Directors?

The Alamanda Key Board of Directors is currently comprised of 3 members. Two of which represent the Developer and one which was elected by the Membership. This September 15th, 2020, the two Developer Directors will resign and you will elect two new member Directors from a pool of candidates. At the same meeting you will vote to either keep the number of directors on the board at three, or increase the number of directors to either five or seven.

The current number of three worked just fine for the developer controlled board. Decisions were made pretty much along the interests of the Developer lines and required little discussion. Now that we are assuming control of our Board of Directors, I believe we must increase the size of the board.

I personally advocate seven. I believe I could successfully debate the issue of seven vs five vs three with anyone. I believe that we can all agree that we must have more than three to avoid potential collusion, either intentional or accidental. The logic is simple. On a three-person board, if I have a crazy idea, I only have to convince one person to go along with me and Bamm! There’s a majority. By increasing the board size to five we reduce the risk of one person getting a crazy idea past because now that person must convince two other persons to agree with their point. Seven is even better because you have to convince three other people to go along with you. This virtually assures no collusion will occur.

Although I have to admit, five is not a bad number for the board, I have found that the only rebuttal to increasing the board to seven members is that it will take longer and be more difficult for the board to reach a decision on any given issue. I personally see this as a good thing. It will cause the board to have more in-depth and detailed discussions on all issues and thereby reaching a better decision for the community. Also a seven person board will bring more diversity in the point of view of the board.

I also advocate a seven member board because I believe that each contract that is let by the board, should be assigned to one specific board member to oversee that contract and be the hands on expert with the ability to answer any questions concerning the contract or its performance. A seven-member board would allow this to become a reality by spreading the work over seven people rather than five.

It is my “not so humble” opinion that a seven-member board would be better for Alamanda Key with 186 homes giving us a 1 to 26 representation ratio versus a 1 to 37 ratio with five members. I firmly believe that this would give us a much better chance of making the best decisions for us all.

Now, for some facts:

“The affairs of the Association shall be managed by a Board of Directors who need not be
members.” –Article VIII of the HOA Articles of Incorporation. (Bet you didn’t know that)
This is restated in Article IV of the Bylaws.

“The affairs of the Association shall be managed by a Board of
Directors consisting of not less than three (3) and not more than, seven (7) Directors, as defined from time to time by the members at a constituted meeting.” –Article IV Alamanda Key Bylaws.

“the members shall elect the Directors for a term of one (1) year.” –Article IV Alamanda Key Bylaws

The Board of Directors may “enter into a maintenance agreement with a third party (or parties), for the purpose of contracting for maintenance and operation of the Common Areas, easements and facilities for the common benefit of the residents of the Subdivision. Terns and conditions of any such agreement shall be determined by the Board of Directors of the Association.” –Article V Alamanda Key

“exercise on behalf of the Association all powers and authority vested in
or delegated to the Association and not reserved to the membership by other provisions of
these Bylaws, the Articles of Incorporation or the Declaration;” Article VII Alamanda Key Bylaws

There you have it. These references support the maxim that I have stated that, with few exceptions, the only vote you have is for the Director and the Board makes nearly all of the decisions. Be very careful who you put on the Board. Your candidate must have the best interests of the community at heart.

Why Should You Vote For Me?

This is probably the section that most of you will actually read and forgo the other sections as being superfluous. So I’m guessing that this is a section where I must “sell” myself to you as a desirable candidate.

While evaluating the traits of all the candidates, you will find that I am better than some and worse than others. Obviously, I’m not a salesman.

I will list the reasons that I think you should vote for me. As I name those reasons, keep in mind that other candidates may also share those attributes. For instance, when I say you should vote for me because I have integrity, I do not mean to imply that I am the only candidate who has integrity.

No one is going to make this decision easy for you by promising to buy you a new car. And, even if they do, another candidate will come along and promise to buy you a new boat. Now you’re right back where you started. Except this time you have to make a choice between a car and a boat rather than which person is actually the best candidate.

Here is my list of reasons why I ask you to vote for me:
HONESTY. I always tell the truth as I know it or understand. If it is based upon hearsay, I try to preface my statements with “I have heard” or some other preamble that would indicate that my truths come from other sources at times. However, I do believe in “white lies” or withholding a truth, if it would cause more damage to a person’s feelings than the good that would come from telling the complete truth. I know, very subjective.

INTEGRITY. C.S. Lewis, a writer and Intellectual of the early 20th century, said “Integrity is doing the right thing even when no one is watching.” I like to fantasize that, if I had never read this quote, I would have said it myself at some point in my life. By Mr. Lewis’ definition, I have integrity. I will never knowingly commit dishonest, immoral, or unethical acts even when I am the only witness to such acts.

LOYALTY. I can tell you that I am loyal but what does that really say about me? You deserve to know what my loyalties and their priority. I will list these loyalties knowing that many of you may not agree with their priorities or even that I should be loyal to them. But it is who I am. Here are my loyalties listed in order of their priorities to me should an unsolvable conflict arise between any of them.
o My God.
o My family.
o My country.
o My community.
o My friends.
o My neighbors.
o ALL human beings.
o All living things.

EMPATHY. This is a quality that I am proud of and can truly say that I possess in vast amounts. My empathy is the reason I could not look when my own child needed stitches in her hand. My empathy is a pain that I feel when I see someone else injured in any way. My empathy is the tears I shed at both weddings and funerals. My empathy is a disappointment that I feel when my friends or family fail to meet their goals. My empathy is the anger I feel when people don’t get what they are promised. Empathy may very well be the single most desirable trait when electing someone to the Board.

ETHICS. Ethics is a moral compass that guides your decisions as a member of the Board of Directors. I have no doubt that all candidates for the Board have ethics. It is simply a matter of degree. I would find it unethical to vote against what I know to be the will of the majority of the people. Someone else may not feel that way if they honestly believe it is not good for them. It’s all about the degree of your ethics.

Not coincidentally, I believe these attributes, Honesty, Integrity, Loyalty, Empathy, and Ethics are the most important qualifications of a Board Director. Of course a director must have at least a modicum of experience or education in decision-making, accounting, and leadership. I gained those skills various levels during my 37 years of federal service. My honesty, integrity, loyalty, empathy, and ethics were molded during my 72 years of life experience.

I pride myself on my ability to converse on varying intellectual levels and my ability to convert technical concepts into layman’s terms and examples meaningful to non-technical people.

By participating in the negotiation of, and subsequently providing oversight to, multi-million dollar contracts while in civil service at Patrick Air Force Base, I feel that I am especially qualified to put together good contracts for Alamanda Key.

Open business, no surprises should be the motto of the Board of Directors. Living with the developer controlled board we have become accustomed to driving home and finding people working in the streets having no idea what’s going on. I can name several instances like repairing the sidewalks and replacing curbs are a couple and there are others. If you get a surprise like those once we become a homeowner controlled board on September 15, you should get really angry. OPEN BUSINESS, NO SURPRISES!

When the final home has been built Alamanda Key, there will be 187 plats. A plat is what you may refer to as a “lot”. Plats are the legal description of the properties or lots on file in the Brevard County Courthouse. Currently, Alamanda Key has 187 plats. Originally the plan was around 200 plats. All the plats on the south side of Lorelei were for villas. The plats were amended a few years ago to allow for single family structures rather than villas. There are now 172 plats owned by HOA Members, and none owned by the developer. The remaining 15 plats are builder owned and builders are not considered HOA Members.

As Chairman of the Communications and Access Control Committee, I can reach almost 90% of the voting membership by email. There is absolutely no reason, in my opinion, that the board cannot poll the voting membership prior to any non-emergency (except minor administrative matters) board votes. This would accomplish two things. It would act as notice to the community that the board is going to vote on that issue and it will afford the opportunity for the membership to reply with their opinions and input on the issue. This is very doable. That would go very far to the accomplishment of OPEN BUSINESS, NO SURPRISES.

The last reason to vote for me that I will present you is my service Alamanda Key, since Myrna and I moved here in May of 2014.

At the time, I was still working as a cyber security agent with Network Defense at Patrick Air Force Base I saw a large gap in the “communications” at Alamanda Key.

The website, alamandakey.com was a website dedicated to the developer and builders to sell homes. Very little information was about the community. Absolutely no social information was there. Myrna and I formed a small holding corporation, ALMYRNA LLC and created a communications consulting company.

We purchased the rights to alamandakey.net and alamandakey.org in order to create a community website for Alamanda Key. I designed and launched the alamandakey.net website for the use of the community in July of 2014. At the annual meeting of 2018, it was designated as the Official Alamanda Key website and is still in operation today. Since its inception, ALMYRNA LLC has paid ALL expenses associated with the operation of the website and I have provided my expertise as web designer, web administrator, and security specialist all for free since 2014. The operating expenses alone that I have paid amounts to over $2000.00. Another $500.00 in software upgrades. If I value my expert time at a conservative $75.00 per hour and multiply it by the 5 hours a week average time spent maintain the site, which comes to $117,000.00 of my time donated. That comes to a grand total of approximately $120,000.00 of donations to the Alamanda Key Community over a period of 6 years. I am not saying that others haven’t contributed greatly, I just happen to be able to quantify my contributions.

On affairs of the community, I have always given my help to anyone in this community who has asked for it. If I could help them I did. If not, I tried to point them to someone who could. I have done my absolute best to answer each and every inquiry to the best of my ability.

In the absence of an Emergency Management Team here at Alamanda Key, which I strongly advocate, I have done my best to organize and direct necessary actions during hurricanes and other emergencies.

While I know and understand that there are those in the community who may not agree with me, I believe that I have exhibited and continue to exhibit those traits most desirous in a director of the Board. Honesty, Integrity, Loyalty, Empathy, and Ethics.

Regardless of who you decide to vote for, please demand “OPEN BUSINESS, NO SURPRISES” from them.

One last thing I would like to add. The only promise that I can make you is: at some time, I will disappoint you. As I have stated, I believe in majority rule. There are certainly times that I will vote for that majority while you are in the minority of the issue. I can only refer you to my list of “loyalties” which places community above friends and neighbors.

Thank you for even considering me as your representative.

Things I am Proud Of..

1. Most of all, my family. Both the family that raised me and the family that Myrna and I have raised.
2. My 20 years’ service in the United State Air Force.
3. My 4 campaigns in Vietnam.
4. My three years’ service to NASA.
5. My 14 years of service with the Department of Defense.
6. My Collaboration with Sony Corporation of Japan on their experiment to measure on board sound and vibration during the mission of STS – 88, the Endeavour, to the Space Station and back.
7. A coin from that same space mission struck from the metal of the Unity Node (connecting tube) between the Endeavour and the Space Station.
8. An American flag flown over the Capitol building of the United States of America in my honor on 13 January, 2016 and presented to me by Congressman Bill Posey, upon my retirement from civil service.
9. I played a round of golf with Jerry Lewis.
10. I dined at a state dinner with President Marcos in the Philippines
11. I was called upon by the Republic of the Philippines, through the U.S. State Department, to testify as a witness to the assassination of Benigno Aquino Jr. in 1983.
12. I have skied the Pyrenees Mountains of Southern France and Loveland Pass on the Continental Divide.
13. I was at the Running of the Bulls in Pamplona Spain in 1973.
14. I watched a play at the Odeon of Herodes Atticus, an amphitheater built in 161 AD at the foot of the Parthenon in Athens, Greece. I watched the performance from a marble seat that was almost 2000 years old.
15. Scuba diving in the Aegean sea at night,
16. Scuba diving in the South China Sea.
17. As part of an Air Force crew, I have flown to the North Pole and back from Greenland.
18. I visited a wildlife preserve in the outback of southern Australia where I saw Koalas, Kangaroos, Wallabies, Platypus, Dingos and Emus.
19. I visited “the” Volkswagen factory in Wolfsburg, Germany.

I am afraid that I must stop here. There are many highlights of my life that could go on for quite a while. and after a while it just sounds like bragging. It isn’t. I am trying to give you some insight into the events that have molded my life. I have lead a blessed life. I am thankful to my God for these blessings. I saw blood and death in Vietnam but I have also witnessed the miracle of birth in my children. To quote the Lion King, “It’s the circle of life”. Each of us make that journey from cradle to grave. So far, my journey has been glorious.

Vietnam

For goodness sake do not vote for me, or anyone for that matter, just because we’re a veteran. In its simplest form, being a veteran means that at least at one point in our lives and regardless of the motivations, we did something good. When judging a person’s character, being a veteran would definitely be a checkmark on the plus side. But there are a whole lot more spaces on that tally sheet to be filled in before declaring a person “good”.

In the summer of 1968 I had heard enough about the Vietnam War and decided that I would go over there and finish it off. I volunteered for a transfer to Vietnam and a genie in personnel granted my wish. On December 24, 1968 I was notified to report to the Seattle – Tacoma Airport on 30 December for my chartered flight to Vietnam. Trying to get processed out of Dover Air Force Base on Christmas Eve was a challenge. But the personnel guys rose to the occasion and got me out of there that night. I was able to go home to North Carolina and spend a few nights with my grandmother and my mother and my sister before I left for Vietnam. I left the Seattle – Tacoma airport as scheduled on the 30th. Sometime in the afternoon of 1st January 1969 I touched down at Cam Ranh Bay, Vietnam. As I descended the stairs of the aircraft I can remember looking out over the jungle covered mountains and thinking to myself “what a beautiful country, this can’t be the home of the ugly war I have heard about”.

I had been assigned to the pallet recovery unit of the 14th aerial port squadron there at Cam Ranh Bay. It took me a few days to get processed and ready for work. I was issued new fatigues called jungle fatigues and had to put my rank and name tags on them. I was assigned quarters on “Herky Hill”, named after the C-130 Hercules cargo aircraft and a very desirable living area in Vietnam. I was issued my personal weapons, and M-16 and a Smith and Wesson 38 special with a 4 inch barrel. Although I was fully qualified on the weapons before I left the CONUS (Continental United States), I was summoned to the firing range to retrain on the proper use of the M-16 in the Vietnam conflict. Basically the instructor pointed us to a barrel full of ammo, told us to set our weapons on auto, and practice shooting from the hip. The instructor added “there is no reason for you to ever take this weapon off of the auto position during your tour here”.

The crew members of the pallet recovery unit to which I was assigned had a shack near the flight line where we hung out. Our office so to speak. I probably didn’t have the most glamorous job in Vietnam but I have to admit I enjoyed the heck out of it. Our job was to recover and repair something called a 463L pallet. These pallets were very expensive honeycombed with aluminum covered cargo pallets made for cargo aircraft. What would happen is the C-130 aircrews would go to various destinations around Vietnam, usually unimproved airstrips near Army camps and drop off these pallets loaded with supplies and cargo for the troops. The aircraft could not stay on the ground that these vulnerable locations and wait for the cargo to be unloaded. So, after a couple days when the troops had had the opportunity to remove their supplies from the pallets, our teams would go in to recover these very expensive pallets. As I said, not so glamorous, huh? We were divided into crews.. Although we were not aircrew members, we all carried what was known as additional crew member (ACM) orders. These orders basically allowed us to get on any plane going anywhere at any time. They came in handy when we wanted to take a break in Saigon. But the real purpose was to secure the teams position on a C-130 aircraft once or twice a week. Each crew was made up of two people and we usually went out as a team of two crews or more. A C-130 cargo aircraft would be scheduled to take us to several destinations during the day where the pallets had been dropped. The aircraft would land and drop its ramp but keep the engines running. Our team would exit the aircraft, find the pallets, and carry them back to the aircraft. After a day of picking up pallets returned to Cam Ranh Bay where we would offload them and try to repair any damage to them if possible, clean them and return them to the cargo section for reuse. We kinda had the best of both worlds. That is we got the fly, which is what everybody in the Air Force wants to do. But we got to come home every night and sleep in our own beds.

Let me preface the rest of this by saying that I turned 21 while I was in Vietnam. So, I was immortal. And, as I mentioned earlier, I came to Vietnam end the war. I mentioned that I was fortunate enough to be billeted on “Herky Hill”. By the way, Herky Hill got its name from the C-130 aircraft’s nickname of Hercules. The Hercules aircrew members also billeted on that same hill hence it’s designation as Herky Hill. Anyhow, the Air Force was tasked with the responsibility of defending the perimeter of perky Hill. So I volunteered to become an Air Force security police augmentee. That got me the privilege of parking myself in a foxhole near the beach all night. I was in the foxhole one night when the Vietcong breached our perimeter. I remember the red flare, which indicated enemy contact and signaled weapons free mode for us. This was followed by several illumination flares and the area between our position and the beach were dotted with the “black pajamas” of the VC. Some sappers penetrated and did grave damage to the Army hospital. This was the worst day of my tour in 1969.

I volunteered for any interservice mission that I could. I conned a ride on the famous C 47 gunships “Spooky”. This aircraft was equipped with three 7.62mm “Gatling” guns mounted on the left side of the aircraft. This gunship was made famous in John Wayne’s movie The Green Berets. I had many Army friends who would take me along on the Huey UH 1 helicopter when they had a mission. I even bummed a ride on the CIA’s infamous Air America once.

Just a point of interest. I was in a C-130 in Vietnam at about 15000 feet headed for (I think) Phan Rang maybe. When the Aircraft Commander piped the commercial radio broadcast through our headsets. I heard “That’s one small step for a man, one giant leap for mankind.” Man had stepped on the moon. I remember feeling somewhat special being suspended in air somewhere between the moon and earth at that particular time.

All things must end and despite my best efforts I was unable to end the war. So I packed my bags and jumped on what we fondly referred to as the “freedom bird” and headed back to the same Seattle – Tacoma Airport that I had departed from a little over a year ago. In Vietnam you often worked right up until a couple hours before the departure of your freedom bird. Most was were in our work clothes (fatigues). We had several Army grunts right out of the field with mud on their fatigues. But our spirits were high. We were going home. Just before touchdown, the aircraft commander came on the PA. His announcement went something like this: “we will be landing at SeaTac shortly. I have been advised that there are large anti-war protests around the airport. I’ve been asked to advise you all to change into civilian attire prior to departing the arrival area. You are advised to not engage the protesters.”

Even though we changed clothes, in 1970 with the close military haircut it was obvious that you were military. As I left the airport, I was cursed and spat upon. I must admit that it took me a long, long time to forgive America for that day. But, I did. As it turns out, the protesters were right and the war in Vietnam was unjust. In my opinion, today we are once again involved in unjust wars around the world. But, I have noticed a difference in the protesters of today. They too learned something from Vietnam. We, the military, serve our country and follow the orders of those appointed above us. We do not make the policies nor pick the wars. I think that the modern day war protesters understand this and no longer blames the soldier for the poor judgment of the politicians. Today’s protesters no longer express their dissent at the airports where the troops return but at the ballot box. God is in his heaven and all is right with the world.

I am blessed. I saw combat in Vietnam. I stood and watched as C-123 aircraft sprayed Agent Orange over our position. Yet here I am today. 51 years later, a healthy 72 year old man with no service related disabilities whatsoever. I repeat: I am blessed. The real heroes of Vietnam and Afghanistan and Iraq and Grenada and Cuba and Iran and Beirut and many other foreign conflicts, cannot be thanked because they are gone. They gave their life so we may live in a free America. So what’s the lesson here? Thank your future heroes before they go to battle. Do your best to insure they are not sacrificed in a war that, like Vietnam, will be judged by history as unjust. Only allow them to be deployed in battle for a righteous cause. 56 thousand brave soldiers lie in their graves today while the world agrees it should have never happened. There is only one way you can make this up to these fallen heroes. Never let it happen again!