During the course of litigating this matter, an individual insurance policy for the penthouse has never been produced by the Board, to substantiate Mr. George's claims. There was no "proof" offered substantiating any monies having been paid by penthouse owners for repairs due to Hurricane Wilma, or otherwise.
There clearly were payments made to individual Board members, as evinced by copies of the checks, which were produced during discovery.
The handling of the insurance proceeds was in violation of the condominium documents, which specifically state how all insurance proceeds are to be received and distributed. The condo documents require several safeguard measures in order to avoid any misappropriation of casualty funds. None of the safeguards were followed by the Board of directors in their handling of the Wilma proceeds.
There have been no findings regarding the Board's compliance with the rules governing distribution of insurance funds. That issue remains to be tried as an ultimate issue in this case.
Posted by:
Joseph D. Garrity &
Suzanne Weiss
Attorneys for Plaintiffs
against OM - Board of Directors
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